MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 7, 2002, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 5:58 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: TRIBUTE FROM THE FLORIDA STATE HOUSE OF REPRESENTATIVES RECOGNIZING THE 100TH ANNIVERSARY OF THE CITY OF SARASOTA CD 5:59 through 6:04 Mayor Mason stated that the first Agenda item is a tribute from the State House of Representatives recognizing the City's 100th Year Anniversary Celebration; and requested that Donna Clarke, State Representative, District 69, House of Representatives, join her and the Commission at the Commission table. State Representative Clarke stated that the 100th Year Anniversary Celebration is an exciting time for the Cityi that a fascinating fact is only two telephones existed in Sarasota at the time Sarasota first became a town; that technology has certainly advanced; that the tribute to the City contains several interesting historic facts such as legends surrounding the name of the City; that some connect the name, Sarasota, with the Conquistador Hernando de Soto; that the government offered acreage to anyone willing to occupy and protect the land at the conclusion of the seven-year Seminole War in 1842; that on September 1, 1851, William Whitaker became the first permanent settler in the Cityi that the riches of the land included orange groves, plant gardens, and the opportunity to herd cattle; that the 1890s brought about land speculators, steamship connectors, the DeSoto Hotel, and what is thought to be the first practice golf course in America; that the City grew rapidly following incorporation as a town on October 14, 1902; and read a tribute BOOK 52 Page 24010 10/07/02 6:00 P.M. BOOK 52 Page 24011 10/07/02 6:00 P.M. recognizing the 100th Year Anniversary of the City of Sarasota in its entirety. State Representative Clarke continued that the residents of the City are extended heartiest congratulations by the Florida State House of Representatives during the celebration of the City's 100th Year Anniversary on October 14, 2002. Mayor Mason accepted the tribute on behalf of the citizens of the City and the Commission. 2. PROCLAMATION RE: PROCLAIMING UNIVERSITY OF SOUTH FLORIDA SARASOTA/MANATEE WEEK FROM OCTOBER 13 THROUGH 19, 2002 CD 6:04 through 6:10 Mayor Mason requested that Sandra Holly, member of the Community Leadership Commission and Alexis Upham, Director of Campus Management, University of South Florida (USF), join her and the Commission at the Commission table. Mayor Mason stated that a measure of a community's strength rests in its ability to provide and prepare its populace for intellectual and economic growth; that USF was established in 1956; that USF has grown to become the second largest university in Florida and the fifteenth largest in the southeast United States; that the USF Sarasota/Manatee regional campus has been a tremendous asset to the City attracting residents and contributing to employee advancement and retention in the workplace; and read in its entirety the City of Sarasota Proclamation designating October 13 through 19, 2002, as USF Sarasota/Manatee Week, a week of special importance and worthy of recognition of the citizens of the City of Sarasota. Ms. Upham stated that a week of celebration and events for the USF Sarasota/Manatee regional campus are scheduled during October 13 through 19, 2002; that the Sister Cities Delegation will be attending the Brunch on the Bay kick-off event on October 13, 2002, in addition to attending the introduction of the new Hotel/Restaurant Management Program being established in the community; and expressed appreciation to the Commission and the citizens of the City for proclaiming USE Sarasota/Manatee Week. 3. PRESENTATION RE: MAYOR' S CITATION RECOGNIZING PAUL THORPE UPON HIS RETIREMENT AS EXECUTIVE DIRECTOR OF THE DOWNTOWN ASSOCIATION OF SARASOTA CD 6:08 through 6:13 Mayor Mason requested that Paul Thorpe, former Executive Director of the Downtown Association of Sarasota, Inc., (Downtown Association) to join her and the Commission at the Commission table. Mayor Mason read in its entirety the Mayor's Citation commending the dedication, hard work, enthusiasm, and leadership demonstrated in the development of Sarasota by Mr. Thorpe; and expressed appreciation on behalf of the Commission for his efforts. Mr. Thorpe stated that sharing in the City's development during the past 28 years has been wonderful; that every moment has been enjoyed; that the opportunity to work with City Staff has been excellent; that the teamwork relationship between City Staff and the Downtown Association should continue; that the accomplishments of helping to make Sarasota the "Best Small City in America" is a source of pride; and expressed appreciation to the Commission for the recognition. 4. PRESENTATION RE: : CEREMONIAL CHECK TO THE CITY OF SARASOTA IN THE AMOUNT OF $645,000 BY REPRESENTATIVES OF THE FEDERAL DEPARTMENT OF TRANSPORTATION (FDOT) THROUGH PCL CIVIL CONSTRUCTORS (PCL) FOR LANDSCAPING OF THE NEW JOHN RINGLING CAUSEWAY BRIDGE CD 6:12 through 6:16 Mayor Mason requested that William Hallisey, Director of Public Works, Patrick Malone, Project Manager, and Dave Whaley, Manager, Business Development, PCL Civil Constructors (PCL), join her and the Commission at the Commission table. Mr. Hallisey stated that PCL is presenting the City with a check to assist in the development of landscaping around the new John Ringling Causeway Bridge. Mr. Whaley stated that base-level landscaping is typically installed by a bridge contractor; that a contractor makes an allowance within the bid to provide landscaping in and around the new facility; that by presenting the City with the allowance enables the City to proceed with its desired type of enhanced landscaping and waterfront parks at each end of the new John Ringling Causeway Bridge; that the check being presented is in BOOK 52 Page 24012 10/07/02 6:00 P.M. BOOK 52 Page 24013 10/07/02 6:00 P.M. the amount of $645,000; that the amount is deliberately $150,000 less than indicated in the Agenda backup material; that the $150,000 deduction represents a conscience effort and incentive for the City to work with PCL to facilitate a savings on the job; that presenting the remaining $150,000 will be treated as a separate occasion before the Commission; and presented a check for $645,000 to the Commission. Mayor Mason expressed appreciation on behalf of Commission and the citizens of the City of Sarasota. 5. PRESENTATION RE: : MAYOR' S CITATION PROCLAIMING AUBREY BOWERS TO BE A FAVORED CITIZEN OF THE COMMUNITY CD 6:16 through 6:21 Mayor Mason requested that Ray Grady, Manager, Bobby Jones Golf Complex (BJGC), and Aubrey Bowers join her and the Commission at the Commission table. Mayor Mason stated that Aubrey Bowers served in 1986 as the first chair of the BJGC Advisory Committee; that he served on the committee until recently stepping aside due to health concerns, contributed to the success of and was influential in the support of improvements to the BJGC, and has spent numerous volunteer hours tracking the financial performance of the BJGC; that his financial aptitude has been valuable to the City in determining financial and capital priorities for BJGC; that he will be missed by many friends and golfers at BJGC who have come to know and appreciate his efforts over the years; read in its entirety the Mayor's Citation commending Mr. Bowers' dedication and hard work; presented Mr. Bowers with the Mayor's Citation; and expressed appreciation on behalf of the Commission for his efforts. Mr. Bowers recognized the following members of the BJGC Advisory Committee present in the audience: Patricia Nielsen and Jenni McGinn; and stated that the day after graduating from high school, he went to work for the True Temper Company which manufactured garden tools and fishing rods; that True Temper had just invented the step-down steel golf shaft which is utilized by current golfing champion Tiger Woods; that the opportunity to play golf at the BJGC has been wonderful; that the management is excellent; that the course at the BJGC is one of the best courses in the area; that a recent mini-stroke has affected his balance and ability to continue playing golf; that the honor from the City is a privilege and will be remembered all his life. 6. APPROVAL RE: : MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 4, 2002 = APPROVED; MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 16, 2002 - APPROVED AS REVISED ; AND THE MINUTES OF THE JOINT SARASOTA CITY COMMISSION AND COUNTY COMMISSION SPECIAL MEETING OF SEPTEMBER 17, 2002 - APPROVED (AGENDA ITEM I-1, -2, AND -3) CD 6:21 through 6:24 Mayor Mason asked if the Commission had any changes to the minutes of the September 4, 2002, Special Sarasota City Commission meeting. Mayor Mason stated that hearing no changes, the minutes of the September 4, 2002, Special Sarasota City Commission meeting are approved by unanimous consent. Mayor Mason asked if the Commission had any changes to the minutes of the September 16, 2002, Regular Commission meeting? Commissioner Martin stated that the words "sponsored by the Sarasota Manatee Metropolitan Planning Organization (MPO) T should be deleted in the following Commissioner Remarks: COMMISSIONER MARTIN: A. stated that the Chattanooga Tour sponsored by the Sarasota Manatee Metropolitan Planning Organization (MPO) on October 1 and 2, 2002, will be attended; Mayor Mason stated that hearing no other changes, the minutes of the September 16, 2002, Regular Commission meeting are approved as revised by unanimous consent. Mayor Mason asked if the Commission had any changes to the minutes of the September 17, 2002, Joint Sarasota City Commission and County Commission Special meeting. Mayor Mason stated that hearing no changes, the minutes of the September 17, 2002, Joint Sarasota City Commission and County Commission Special meeting are approved by unanimous consent. 7. REPORT RE: : HISTORIC PRESERVATION BOARD' S SPECIAL MEETING OF JULY 23, 2002 RECEIVED REPORT AND DIRECTED THE ADMINISTRATION TO DRAFT AN ORDINANCE REFLECTING THE QUALIFICATION RECOMMENDATIONS BY THE HISTORIC PRESERVATION BOARD REGARDING A PERSON WITH EXPERTISE IN REAL ESTATE FINANCE AND/OR REAL ESTATE DEVELOPMENT OR AN ARCHEOLOGIST BOOK 52 Page 24014 10/07/02 6:00 P.M. BOOK 52 Page 24015 10/07/02 6:00 P.M. TO FILL THE HISTORIC PRESERVATION BOARD VACANT SEAT (AGENDA II-1) CD 6:24 through 6:28 Christopher Wenzel, Chair of the Historic Preservation Board, and Jane Robinson, Director of Planning, came before the Commission. Mr. Wenzel stated that the vacant seat on the Historic Preservation Board for an archeologist was discussed at the July 23, 2002, Special meeting of the Historic Preservation Board; that at its July 15, 2002, Regular meeting, the Commission requested the Historic Preservation Board be asked qualification preferences for the vacant seat; that the consensus of the Historic Preservation Board was a person with expertise in real estate finance and/or real estate development would be a useful addition. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to receive the report of the July 23, 2002, Special meeting of the Historic Reservation Board. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to direct the Administration to draft an ordinance reflecting the qualification recommendations of the Historic Preservation Board regarding a person with expertise in real estate finance and/or real estate development or an archeologist to fill the Historic Preservation Board vacant seat. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. City Auditor and Clerk Robinson stated that drafting an ordinance reflecting the qualification requested would require a change to the Zoning Code (2002 Ed.); that the change must go before the Planning Board/Local Planning Agency (PBLP); that by law, the Commission can declare the inability to fill the archeologist seat and fill the seat with an individual possessing another expertise; and asked for approval to fill the Historic Preservation Board vacant seat with an individual with the expertise in real estate finance and/or real estate development while the Zoning Code (2002 Ed.) is being amended. Mayor Mason stated that hearing no objections, the Historic Preservation Board vacant seat can be filled by an individual with the expertise in real estate finance and/or real estate development while the Zoning Code (2002 Ed.) is being amended. 8. REPORT RE : VAN WEZEL PERFORMING ARTS HALL (VWPAH) BOARD REQUEST TO INCREASE THE VAN WEZEL PERFORMING ARTS HALL BOARD FROM EIGHT (8) MEMBERS TO THIRTEEN (13) MEMBERS - RECEIVED THE REPORT OF THE VWPAH BOARD AND REFERRED THE REPORT TO THE ADMINISTRATION TO DRAFT AN APPROPRIATE ORDINANCE TO REFLECT THE RECOMMENDATION TO INCREASE THE MEMBERSHIP OF THE VWPAH BOARD (AGENDA II-2) CD 6:28 through 6:31 Walt Cannon, Chair, VWPAH Board, and Casey Humpert, Finance Manager, Van Wezel Performing Arts Hall (VWPAH), came before the Commission Mr. Cannon referred to a March 13, 2002, letter to the Commission from the Van Wezel Performing Arts Hall Board included in the Agenda backup material indicating the Van Wezel Performing Arts Hall Board recommends increasing the number of members on the Van Wezel Performing Arts Hall Board from 8 to 13; and stated that the VWPAH is a cultural attraction for thousands of people in a broad multi-county area; that the Van Wezel Performing Arts Hall Board has been studying ways to change the makeup of the Van Wezel Performing Arts Hall Board to better reflect the market area; that the recommendation will reflect the present audience and assist the Van Wezel Performing Arts Hall Board to better communicate with potential audiences. Commissioner Servian stated that the enlargement of the Board is a good idea. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to receive the report of the Van Wezel Performing Arts Hall Board and to refer the report to the Administration to draft an appropriate ordinance to reflect the recommendations of the Van Wezel Performing Arts Hall Board to increase membership of the Board. Commissioner Martin asked if the positions can be advertised as soon as possible? City Auditor and Clerk Robinson stated that the process involves a change to the Sarasota City Code (1986 as amended) (City Code) and will be brought back to the Commission fairly quickly. BOOK 52 Page 24016 10/07/02 6:00 P.M. BOOK 52 Page 24017 10/07/02 6:00 P.M. Commissioner Quillin stated that the efforts by the VWPAH Board to review the expansion of the Board are appreciated; that the statistics of the geographical distribution of attendees at the VWPAH performances included in the Agenda backup material are impressive. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 9. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3,4, 5,6, 7,8,9, 10, 11, 12, 13, AND 14 = APPROVED (AGENDA ITEM III-A) CD 6:31 through 6:32 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Performance Agreement for Commercial Wireless Telecommunications Facility between the City of Sarasota and VoiceStream Tampa/Orlando, Inc., to provide a guarantee for the dismantling and removal of the VoiceStream Tower at such time as the Voicestream Tower is abandoned, unused or unsafe, subject to the City Commission's adoption of Resolution No. 02R-1529 under public hearings. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Indemnification and Hold Harmless Agreement and Agreement for Public Pyrotechnic Display for the Celebrate Sarasota fireworks event on October 14, 2002 at the Van Wezel Performing Arts Hall. 3. Approval Re: Authorize the City Attorney to file a Third Party Complaint (suit) against Amerisure Insurance Company and Dooley and Mack/Forristall, Joint Venture (DMF) for indemnity or contribution, regarding an incident that occurred on December 2, 2001 in the Van Wezel parking lot. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Agreement between the City of Sarasota and Florida Combined Insurance Agency, Inc., for claims administration and related services for Workers' Compensation and Employer's Liability for the fiscal year beginning October 1, 2002, with four one- year renewal options. 5. Approval Re: Authorize the administration to negotiate a contract with the three top ranked firms, Baskerville-Donovan, Inc., Boyle Engineering Corporation, and WilsonMiller, Inc., (RFP #02-15M) to provide civil engineering services on an "as needed" basis for a one year period. 6. Approval Re: Authorize $165,000 increase in the project authorization for the Reverse Osmosis Water Treatment Facility Retrofit. 7. Approval Re: Authorize the administration to negotiate a contract with the first ranked firm, Tindale-Oliver & Associates, Inc., (RFP #02-45M) for the selection of Parking Consultant for the Downtown Parking Master Plan. 8. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Pioneer Building & Development, Inc., (Bid #02-23N) to secure abandoned structures for the Code Enforcement Division of the Building Department. 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Ralph L. Mushrush for water service for a developed site located at 2905 Lynnhurst. 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the U.S. Fish and Wildlife Cooperative Agreement No. 1448-40181-02-J-055 in the amount of $35,000 granted to the Sarasota Bay National Estuary Program to partially fund the South Lido Park Restoration Project within the City of Sarasota. 11. Approval Re: Request to permit Access One of Sarasota County Inc. to use funds that will be paid by Sarasota County for the acquisition of an easement on Albee Road, for the partial payment of the impact fees that will be required when the property is connected to the Sarasota County water and sewer system. 12. Approval Re: Authorize the Mayor to execute the City/County Levee Project and Joint Project Agreement (JDA) Dual Obligee Rider to install piping and enclose a ditch along the west side of South Lockwood Ridge Road. BOOK 52 Page 24018 10/07/02 6:00 P.M. BOOK 52 Page 24019 10/07/02 6:00 P.M. 13. Approval Re: City Grant Funding: Monthly activities report from The Downtown Association of Sarasota. 14. Approval Re: City Grant Funding: Monthly activities report from Sarasota Court Watch, Inc On motion of Commissioner Martin and second of Commissioner Servian, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 14, inclusive. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yesi Mason, yes. 10. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1540) ADOPTED (AGENDA ITEM III-B) CD 6:32 through 6:34 1. Adoption Re: Proposed Resolution No. 02R-1540, appropriating $161,000 from the Special Law Enforcement Trust Fund (Forfeitures) to provide funds to be used by the Vice/Narcotics Unit of the Sarasota Police Department for special services, equipment and property rental, vehicle leases, and cellular phone charges for fiscal year (FY) 2002/03; etc. (Title Only) City Auditor and Clerk Robinson read proposed Resolution No. 02R-1540 in its entirety. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to adopt Consent Agenda No. 2, Item No. 1. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, 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. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 02-4403, ADOPTING THE CITY OF SARASOTA- -NEWTOWN COMPREHENSIVE REDEVELOPMENT PLAN THROUGH 2020 AS AN URBAN INFILL AND REDEVELOPMENT PLAN FOR THE NEWTOWN NEIGHBORHOOD IN ACCORDANCE WITH SECTION 163.2517 (3) / FLORIDA STATUTES; SETTING FORTH FINDINGS; AUTHORIZING IMPLEMENTATION OF THE URBAN INFILL AND REDEVELOPMENT PLAN; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-1) CD 6:34 through 7:42 Mayor Mason opened the public hearing. Karen Hartman, Director of Downtown Redevelopment, and Andrew Baker, Principal of A.A. Baker and Associates, came before the Commission. Ms. Hartman stated that being before the Commission at this time is similar to being before the Commission with the final adoption of the Enterprise Zone in 2001; that the City of Sarasota-lNewtown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan) is practically the same study area as the Enterprise Zone; that the State Statutes require two public hearings to adopt an urban infill and redevelopment plan; that the second public hearing is scheduled for the October 21, 2002, Regular Commission meeting; that the Administration recommends passing proposed Ordinance No. 02-4403 on first reading. Commissioner Quillin referred to the Business Cluster Plan and the Housing Cluster Plan included in the Agenda backup material and stated that the Newtown Plan has been reviewed; that the Business Cluster Plan and the Housing Cluster Plan do not seem to reflect the intentions of the Sarasota Housing Authority (SHA) for the HOPE (Housing Opportunities for People Everywhere) VI Grant application requirements. Ms. Hartman stated that Mr. Baker has worked very closely with City Staff and the community regarding the preparation of the Newtown Plan. BOOK 52 Page 24020 10/07/02 6:00 P.M. BOOK 52 Page 24021 10/07/02 6:00 P.M. Mr. Baker stated that on October 1, 2002, a meeting was held with City Staff, the SHA, and members of A.A. Baker and Associates at City Hall to discuss the Newtown Plan as related to the intentions of the SHA; that the Newtown Plan is a community-driven plan; that the process of developing the Newtown Plan included preparing a concept plan which was presented to members of the community and the SHA; that the SHA suggested changing the Land Use Classification of the northern section of the Janie Poe public housing complex to mixed-use and the southern section to a multi- family designation; that changing the usage of the area is good; however, changing the usage without the input of the public is a concern. Ms. Hartman stated that the community has led the process of the development of the Newtown Plan; that the Newtown Plan evolved into a vision plan; that the Newtown Plan is for 20 years; that the Newtown Plan before the Commission is for adoption of a vision which has been voiced by the community; that the visionary plan will come back before the Commission through the public process of amending the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); that inconsistencies in the Newtown Plan will be addressed; that the Newtown Plan is not a static document. Vice Mayor Palmer stated that the area along Fredd Atkins Park is inconsistent with the Parks + Connectivity Plan; that areas of inconsistency should be identified for the record. Mr. Baker stated that demographics and the manner in which to bring disposable income to the area was reviewed; that the City cannot depend on the existing population to make the Newtown Plan a success; that the corner of US 301 and Dr. Martin Luther King, Jr. (MLK) Way is the most visible intersection for redevelopment; that the residents of the Newtown area desire a grocery store and a major shopping center; that the most ideal location for a grocery store and a major shopping center is at the intersection of US 301 and Dr. MLK Way; that the Newtown Plan suggests an amendment to the Future Land Use Map to allow for the Community Commercial Land Use Classification at the intersection; that the Newtown Plan is market driven; that a market study has been included in the Agenda backup material which identified the square footage necessary to support development in the Newtown area; that the Newtown Plan indicates the potential development opportunity for the intersection and attempts to attract a variety of residents to the area; that individuals tend to move out of the area as income rises. Mr. Baker continued that the Newtown Plan is an attractor for residents to desire to move back to the neighborhood; that small parts within each quadrant of the redevelopment area are identified to enhance the desirability of each quadrant; that residents of each quadrant will have access to an open-space or a green-space within the quadrant rather than having to travel to a larger recreational facility; that the idea to revitalize each quadrant was community driven; that the Newtown Plan does not suggest the City be responsible for maintaining or acquiring the open-space or the green-spacei that the Newtown Plan is visual and conceptual; that the City should identify opportunities to acquire the open-space or a green-space as land becomes available; that a neighborhood association, a non- profit, or a corporation could potentially maintain the open- space or a green-space without causing an additional burden to the City; that the intent of the open-space or a green-space areas is to provide a place of socialization for residents within each quadrant. Commissioner Servian stated that developing east on Dr. MLK Way past the intersection of US 301 and Dr. MLK Way will further isolate the community; and asked the manner in which to encourage development west of US 301? Mr. Baker stated that encouraging development west of US 301 was a major issue during the preparation of the Newtown Plan; that actively causing vehicular traffic to turn west on to Dr. MLK Way is the goal; that the preferred choice for encouraging development is one of the corners west of US 301; that the hope is potential developers will be encouraged to pursue property west of US 301 in an effort to activate small, locally owned operations on Dr. MLK Way. Commissioner Martin stated that the Newtown Plan is also the Urban Infill Plan as defined in the State Statutes; that a number of different efforts such as the Enterprise Zone and the Front Porch Florida program sponsored by the State Office of Urban Opportunity are taking place in the Newtown area; that the interfacing of the different efforts is confusing; and asked the manner in which the Urban Infill Plan became the same as the Newtown Plan. BOOK 52 Page 24022 10/07/02 6:00 P.M. BOOK 52 Page 24023 10/07/02 6:00 P.M. Ms. Hartman referred to a map of the Enterprise Zone overlaid with the Newtown Plan area on the Chamber monitors and stated that the Enterprise Zone is approximately 1.44 square miles in size; that the urban infill area and the Newtown redevelopment area are the same; that the awareness process generated by the planning grant the City received in 2001 assisted in developing the cohesiveness of community input, which will be of benefit as the City applies for an Urban Infill Grant in the near future. Commissioner Quillin distributed an October 7, 2002, letter to the Mayor from Rudy Vazmina, Executive Director, SHA, regarding suggested changes to the Newtown Plan and stated that the Newtown Plan is visionary; that the SHA is attempting to implement more than a visionary plan; that a document from the City certifying the intended Future Land Use Classifications of the Newtown area is required at the time the SHA applies for the HOPE VI Grant; that the Newtown Plan suggests amenaments to the City's Comprehensive Plan; however, the Newtown Plan does not coincide with the intent of the SHA based on the letter received from the SHA; that the SHA suggests a mixed-use designation to allow for single-family but not to the exclusion of multi-family, live/work opportunities; that live/work opportunities are the key for redevelopment of the Janie Poe public housing complex; that changing the Future Land Use Map upon accepting the Newtown Plan is desired. Mr. Baker referred to the October 7, 2002, letter and stated that the letter has not previously been reviewed; however, the letter accurately reflects the discussions of the meeting; that the personal hesitation is not for the Newtown Plan to be consistent with the requirements of the HOPE VI Grant but for public to have an opportunity to comment on the suggestions of the SHA; that feedback from the public regarding the changes to the Newtown Plan is important. Commissioner Quillin stated that the objectives and intentions of the SHA have been communicated; that some of the area included in the Newtown Plan is owned by the SHA; and asked the reason the requests of the SHA were not part of the Newtown Plan? Mr. Baker stated that a June 24, 2002,letter from the SHA to A.A. Baker and Associates requested the Newtown Plan be amended to allow for mixed-use on the property on the north side of the Janie Poe public housing complex; that the Newtown Plan reflects the requests of the SHA; that the letter did not include a request to amend the SHA's Orange Avenue property or The Courts also owned by the SHA. Commissioner Quillin stated that the SHA desires mixed-use for the Janie Poe public housing complex. Mr. Baker stated that the Newtown Plan reflects mixed-use on the property on the north side of the Janie Poe public housing complex; that the proposed use of the property of the Janie Poe public housing complex was changed to mixed-use as a result of the comments received in the June 24, 2002 letter. Commissioner Quillin stated that the future land use designations and amendments to the City's Comprehensive Plan, the Newtown Plan, and the intentions of the SHA for the HOPE VI Grant application should coincide; that Staff should evaluate the Newtown area to determine if mixed-use is appropriate for certain areas; that the Newtown Plan does not clearly reflect the desires of the community. Vice Mayor Palmer stated that the Newtown Plan should be Elexible and can always be amended if adopted; that the SHA mixed-use issues can be presented to the community for consideration; that a number of steps are required to amend the City's Comprehensive Plan; that all the plans should be consistent and integrated to avoid gaps. City Auditor and Clerk Robinson stated that the adoption of the Newtown Plan requires two public hearings; that the first public hearing is before the Commission; that the second public hearing will be held on October 21, 2002, at 6:00 p.m. or as soon thereafter as possible. Commissioner Quillin stated that personal efforts toward developing the SHA-owned property have continued since the early 1990s; that the SHA-owned property is not one of Sarasota's finest gems; that time is of the essence for the HOPE VI Grant application; that a requirement of the HOPE VI Grant is having the proper Land Use Classifications for the project area; that the Newtown Plan must be flexible. Ms. Hartman stated that the development of the Newtown Plan will not hinder the opportunity to move forward with the HOPE VI Grant application. Mr. Baker stated that the deadline for the HOPE VI Grant is unknown; that the current designation of the Janie Poe public BOOK 52 Page 24024 10/07/02 6:00 P.M. BOOK 52 Page 24025 10/07/02 6:00 P.M. housing complex will remain until the City's Comprehensive Plan is amended. Commissioner Quillin stated that the application process requires a statement certifying the Future Land Use Classifications are consistent with the proposed project for the HOPE VI Grant application. Ms. Hartman stated that the statement required will certify consistency with the City's Comprehensive Plan; that an amendment to the City's Comprehensive Plan for the Newtown Plan will not take place immediately. City Manager McNees stated that the SHA indicated the requirement of the HOPE VI Grant is to have the appropriate zoning in place in the area designated for the project. Mayor Mason stated that not applying for the HOPE VI Grant is being considered by the SHA Board. Commissioner Quillin stated that the City cannot allow tenants of SHA public housing to continue to live in the current conditions. Mayor Mason stated that applying for the HOPE VI grant is not the decision of the Commission. The following people came before the Commission: Robert Atkins, 803 Goodrich Avenue (34236), stated that he is a resident of the Gillispie Park area and has taught drama in the Newtown area under a grant for the past two years; that several questions are presented regarding the Newtown Plan; that the Newtown Plan indicated the City has made investments in the Newtown Community; that the investments are unknown; that an attempt was made to research the investments during a certain period of time and the results, if any, of the City's investments; that a significant amount of funding has been invested in the Newtown area; that the community is attempting to improve the Newtown area; that the information regarding funding for the Greater Newtown Redevelopment Association prior to the development of the Newtown Plan is unclear; that a large amount of time and energy is being spent on the Newtown area with no results; that obtaining the funding information prior to the second public hearing is desired. John Fulton, P.O. Box 48478 (34230), stated that redevelopment is supported; that property has been previously owned in the Newtown area for several years; that developing the Myrtle Avenue corridor to four lanes was proposed in the past to improve the area; that the area has not changed; that the hope is the effects of the Newtown Plan will bring change to the area; that the roads in the Newtown area are old and dangerous; that the installation of sidewalks were an improvement; however, the roads are a concern. Lance Shabazz, 1371 Thirteenth Street (34236), stated that development and growth of the Newtown area is always a topic of discussion; that input from the business owners of the Newtown area such as the owner of the Town Hall Restaurant is necessary; that the efforts of several young entrepreneurs trying to create business in the Newtown area have been unsuccessful due to the City's enforcement of the Zoning Code (2002 Ed.); that Newtown is the poorest neighborhood in Sarasota and individuals are not allow to operate vending services from the street; that the Newtown community cannot grow strong if zoned only for consumers; that thriving businesses in Newtown existed in the past; that the selling of fish and grits for breakfast from a church was stopped; that vending by individuals on the street was stopped; that Newtown is unable to develop on its own; that an individual must have millions of dollars to create a business in Newtown. Mr. Shabazz continued that the City leaders City should talk to the home grown people in the Newtown community; that the local barber shops should not be the only places to access information regarding potential Newtown development; that the City's Comprehensive Plan and the Newtown Plan do not deal with the grassroots of the Newtown community; that leaders of the community should communicate with citizens; that fish fries are not allowed in Newtown; that young people resort to selling drugs because of not being allowed to make an honest living without working for an establishment; that he has personally witnessed young entrepreneurs try and fail due to code enforcement; that Code Enforcement Officials disagree an individual can provide barber or hair salon service from their residence; that the code enforcement must stop to create good positive businesses in Newtown; that the individuals developing the Newtown Plan should deal with the grassroots Newtown community and not the so-called "suits and ties" of City Hall. Reverend Willie Holley, P.O. Box 1024 (34230), Chair of the Coalition of African American Leadership, stated that the BOOK 52 Page 24026 10/07/02 6:00 P.M. BOOK 52 Page 24027 10/07/02 6:00 P.M. efforts of the Commission and all the individual involved in the development of the Newtown Plan are commended; that the Newtown Plan has gone through a number of public meetings; that approximately 10,000 flyers regarding the development of the Newtown Plan were distributed; that the City has mailed a number of meeting notices; that the opportunity for community input and comments was available; that the Newtown Plan establishes a future path for development and should not be utilized as a vehicle to critique past failures; that a significant amount of funding was invested in the Newtown area in the past for various reasons and with various directions; that the Newtown Plan is the first attempt at a comprehensive plan to address the problems of north Sarasota; that dealing with problems of a small area will not solve the problems of an entire area; that the hope is the Newtown Plan will be viewed as the framework and a concept to provide guidance for the area. Reverend Holley continued that the members of the Coalition of African American Leadership have attempted to usher the development of the Newtown Plan; that in 1999, a letter was written to the City requesting the development of one comprehensive plan; that the Newtown Plan represents three years of hard work; that the hope is the minor details will be resolved and the concept of the Newtown Plan will continue forward; that the projects for the Newtown area should be consistent with the desires of the community; that discussions have occurred at several meetings regarding zoning; that in March 2002, the Newtown Plan was delayed due to zoning conflicts; that zoning is an initiative for future resolution; that zoning should not be decided until the projects come forward; that the projects will be developer driven rather than Commission driven; that developers will determine the feasibility of a project; that incentives for developers should be created. Reverend Holley further stated that the Enterprise Zone provides tax incentive and credits to attract developers; that one portion of the Urban Infill Grant will assist with a study regarding affordable housing and the second portion will provide affordable housing with assistance from other agencies; that the HOPE VI Grant if received will provide the upgrading and revitalization of 388 units of public housing; that public housing is in poor shape; that the SHA is in a quandary as to if to apply for the HOPE VI Grant; that the new requirements of the Notice of Funding Availability are difficult to meet; that the October 7, 2002, letter raising an objection to the Newtown plan is an injustice to Mr. Baker and the individuals who have worked sO closely with the community to develop the Newtown Plan; that many public meetings were held with SHA representatives in attendance; that the October 7, 2002, issues of the letter were thoroughly discussed; that the Newtown Plan cannot do everything for everyone; however, the Newtown Plan is a framework for progress and the opportunity to empower the community with a tool. Reverend Holley stated further that the Coalition of African American Leadership has applied for the Front Porch Florida program sponsored by the Office of Urban Opportunity; that the Front Porch Florida program can be utilized as a tool to assemble all the resources in the community and attempt to establish the best possible mix of uses; that the process is not simple; that the hope is the Front Porch Florida program will be approved; that funding for planning is necessary for the Newtown area; that the City of Bradenton, Florida, recently received $100,000 from the Front Porch Florida program; that the Newtown community has historically received little funding support; that the City now has the opportunity to provide the Newtown community significant financial support and decide the manner in which to utilize the support; that the Newtown Plan should be viewed as the framework, an opportunity, and the hope for the Newtown community. Tom Baur, 2427 Walker Circle (34234), stated that he is a two- year resident of Newtown area; that the Newtown Plan is supported; that discussions have occurred with neighbors of Newtown and an open attitude exists toward the old time Newtown community; that the Newtown Plan provides the opportunity to establish a special part of the City through the use of the existing culture and energies of the neighborhood; that the waterways are natural beauties of Sarasota; that the Whitaker Bayou is an unpolished gem of Sarasota which has not received proper attention from the City and the County over the years; that drainage is a problem; that navigating Whitaker Bayou by boat is difficult; that Dr. MLK Park should be opened to the Bayou; that Whitaker Bayou was a very useful waterway for the Native Americans; that Mote Marine Laboratory and Aquarium determined fish and water fowl are plentiful in Whitaker Bayou; that Dr. MLK Park is utilized for various events; that gondolas for grand events would be a nice addition to the park; that traveling by boat through Whitaker Bayou is beautiful; that BOOK 52 Page 24028 10/07/02 6:00 P.M. BOOK 52 Page 24029 10/07/02 6:00 P.M. Whitaker Bayou should be considered an artery during the development of the Newtown Plan. Mr. Baur continued that meetings held during the development process of the Newtown Plan revealed a community desire for good jobs; that the Newtown community realizes gentrification will happen; that professionals desire to bicycle to Downtown and will not mind living next door to lower income citizens; that lower income citizens have a great deal of pride in Newtown and are no different than high income citizens; that the residents of Newtown should have the opportunity to train for good jobs; that Booker High School has several excellent programs; that the libraries in Sarasota are wonderful; that the community is encouraged to look at the possibility of utilizing the Enterprise Zone and the existence of urban infill opportunities to assist in providing training for good high paying jobs in Newtown; that Dr. MLK Way is ready for the Newtown Plan; that the beautification of Newtown will encourage all Newtown residents to take pride in the community; that Newtown will one day become a gem of Sarasota. There was no one else signed up to speak and Mayor Mason closed the public hearing. Mr. Baker stated that the comments received are appreciated and encouraging; that comments will continue; that the Newtown Plan is flexible and able to respond to changes in the market and the desires of the community; that the Newtown Plan highlighted the Whitaker Bayou as an asset for the Newtown community which should be enhanced; that one-on-one interviews with various members of the Newtown community were conducted in the development process of the Newtown Plan; that a meeting was held with the owner of the Town Hall Restaurant regarding concerns regarding the Newtown Plan. Mayor Mason stated that one owner of the Town Hall Restaurant attended every Newtown Plan meeting. Mr. Baker stated that family-owned and small local business are encouraged to develop in the Newtown area; that the hope is anchor project on US 301 and Dr. MLK Way will encourage traffic and spending toward the smaller, locally owned operations in Newtown; that meetings were held with developers resulting in suggested changes to allow the opportunity for commercial uses to develop; that the hope is the Commission will remain flexible to change as projects come forward. Commissioner Martin asked for elaboration regarding the follow through of the Newtown Plan and the establishment of a future office along the Dr. MLK Way corridor. Ms. Hartman stated that the immediate presence of the Newtown Plan will be establishing an office on Dr. MLK Way; that the reason the Commission appropriated funding for establishment of an office was to guarantee a daily process for an immediate response to the community; that the Newtown Plan is an evolving plan; that the immediate presence will assist in facilitating the availability of the resources and provide linkages with the existing businesses; that Staff will remain sensitive to existing and new businesses; that the Commission appropriated additional police force to assist in the Newtown area; that over time, the community will witness the evidence of the sincere commitment to make Newtown a destination. Mayor Mason stated that the new redevelopment office will also be coordinating other efforts such as the Enterprise Zone and the Front Porch Florida program. Commissioner Quillin stated that the country is in a unique situation; that three different generations are working; that young individuals in the Newtown community desire vending opportunities; that the Commission should be mindful of the transition to larger changes; that a venders market in the Newtown area is desired; that not everyone is willing to learn new technology and may desire to run a beauty shop from their residence; that one of the oldest beauty shops is on the corner of Fourth Street and Central Avenue; that the corner is historic and one of the legacies and heritages of the Newtown community; that several citizens in District 3 desire to operate small business from garages; that for example, one individual tinkers with motors out of his garage; that he will be shut down if Code Enforcement Officials discover his business; that allowing sidewalk venders or some home occupation businesses should be considered during the transitioning toward the Newtown Plan. Mayor Mason stated that several older individuals attended every meeting during the development of the Newtown Plan to express their desires for the community; that young people desiring to BOOK 52 Page 24030 10/07/02 6:00 P.M. BOOK 52 Page 24031 10/07/02 6:00 P.M. operate vending should also attend the meetings; that the Commission should not have to second guess the desires of the young people; that community input from young people is necessary; that attending meetings is part of the process of government which requires involved young people. Commissioner Quillin stated that community input from young people is necessary for the Commission to consider vending operations; that the Commission can possibly compromise concerning the issue. Mayor Mason concurred; and stated that Mr. Shabazz has been fighting the vending battle for several years and should remain persistent and consistent; that everyone is not always going to agree on certain issues. Mr. Baker stated that the live/work and vending festivals are mentioned in the Newtown Plan; that City planning and land development codes would require changes if vending opportunities are allowed; that the need for increased living wages with fringe benefits was constantly discussed at the meetings; that any plan in an African-American community must be more than a landscape plan; that the Newtown Plan is a comprehensive plan which attempts to address several of the social issues of the Newtown area; that Newtown has the potential to become a great community. Mayor Mason stated that the Newtown Plan is a great beginning. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4403 by title only. Mayor Mason passed the gavel to Vice Mayor Palmer. On motion of Mayor Mason and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4403 on first reading. Commissioner Martin stated that as a resident in the Newtown community near Whitaker Bayou, the area is appreciated as one of the richest and potentially most divert and inclusive communities of Sarasota; that development is anticipated; that the Newtown Plan is both community and market driven; that local businesses have held the community together; that treating different neighborhoods differently is often a quandary to the Commission; that the Newtown area is a special neighborhood in some ways; that the neighborhood is poor and the incomes are less; that some potential businesses may require nurturing; that the new Redevelopment Department should work with the small local business operations as well as the potential large businesses; that treating different neighborhoods differently may be necessary to address some issues such as vending; that the Newtown Plan is a fluid, living document; that community input is necessaryi that development of the Newtown Plan is a source of pride. Vice Mayor Palmer stated that a meeting was attended regarding a plan for additional developments for the Dr. MLK Park; that funding has been allocated for the improvements; that adopting the Newtown Plan is landmark legislation; that several attempts to improve the Newtown area have occurred; that the Newtown Plan includes community input; that the community should stay involved and continually be empowered to move the Newtown Plan forward; that the Mayor is commended for her drive to keep the Newtown Plan moving; that all the individuals in the community are commended for attending the meetings; and commended Ms. Hartman for her hard work and efforts. Vice Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 02-4403 on first reading. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yesi Quillin, yesi Servian, yes; Martin, yes. Vice Mayor Palmer passed the gavel back to Mayor Mason. The Commission recessed at 7:42 p.m. and reconvened at 7:58 p.m. Mayor Mason requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the requirements of quasi-judicial public hearings were defined by the judicial process; that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that parties to such proceedings are the Applicant, the City and Affected Persons; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that the time limits will be recommended for each of the two BOOK 52 Page 24032 10/07/02 6:00 P.M. BOOK 52 Page 24033 10/07/02 6:00 P.M. quasi-judicial public hearings at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Person will be afforded the opportunity to present evidence and expert witnesses and for cross- examination; 12. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 02R-1529, APPROVING MAJOR CONDITIONAL USE APPLICATION NO. 02-CU-02 TO ALLOW THE OPERATION OF A PROPOSED COMMERCIAL WIRELESS TELECOMMUNICATIONS FACILITY AS A LEASEHOLD USE TO BE OPERATED BY VOICESTREAM TAMPA/ORLANDO, INC. AS LESSEE OF PROPERTY OWNED BY THE CITY OF SARASOTA IN THE GOVERNMENTAL USE (G) ZONE DISTRICT; SAID LEASEHOLD USE BEING LOCATED WITHIN THE BOUNDARIES OF THE BOBBY JONES GOLF COURSE (A/K/A 1000 CIRCUS BOULEVARD) IN THE VICINITY OF THE MAINTENANCE FACILITY LOCATED IN THE WESTERN PORTION OF THE BOBBY JONES GOLF COURSE, EAST OF CIRCUS BOULEVARD : REQUIRING THE COMMERCIAL WIRELESS TELECOMMUNICATIONS FACILITY TO BE CONSTRUCTED IN ACCORDANCE WITH APPROVED SITE PLAN APPLICATION NO. 02-SP-12; SETTING FORTH FINDINGS OF APPROVAL; ETC. (TITLE ONLY) (APPLICATION NOS. 02-CU-02 AND 02-SP-12, APPLICANT ATTORNEY JAMIE EBLING, AS AGENT REPRESENTING VOICESTREAM TAMPA/ORLANDO, INC., AS APPLICANT) ADOPTED WITH THE ADDITIONAL CONDITION THE APPLICANT WILL REMOVE THE FLAG UPON THE WRITTEN REQUEST OF THE CITY (AGENDA ITEM IV-B-1) CD 7:58 through 8:38 City Attorney Taylor stated that one individual, Francis Schroeder, has filed for certification as an Affected Person for the public hearing regarding Major Conditional Use Application No. 02-CU-02 and Site Plan Application No. 02-SP-12 as incorporated in proposed Resolution No, 02R-1529 to allow the construction of a commercial wireless elecommunications facility; that the request for Affected Person status application from Francis Schroeder has been reviewed; that Mr. Schroeder qualifies as the designated representative of Glen Oaks Ridge Owners Association, Inc. (Glen Oaks Ridge Association), whose members consist of owners, residents or occupants of real property within five hundred feet of the real property which is the subject of the quasi-judicial action; that Commission approval of the Affected Person is requested. Mayor Mason stated that hearing no objections, Francis Schroeder is certified as an Affected Person. City Attorney Taylor stated that the recommendation is to allow 20 minutes for the Applicant's presentation and 10 minutes for rebuttal; that the City will have 10 minutes for presentation and 10 minutes for rebuttal; that the individual certified by the Commission as an Affected Person will have 10 minutes to speak and 5 minutes for rebuttal; that other interested persons will have 5 minutes to speak; that Commission approval of the time limits is requested. Mayor Mason stated that hearing no objections, the time limits are approved. Mayor Mason requested that Commissioner ex parte communications, if any, be disclosed. Vice Mayor Palmer stated that an initial presentation meeting by VoiceStream Tampa/Orlando, Inc., VoiceStream) was attended prior to submission of the application to the City. Commissioner Quillin stated that the Commission has received correspondence from Glen Oaks Ridge Association. City Attorney Taylor asked if the correspondence has been received into the record? City Auditor and Clerk Robinson stated that an October 11, 2001, letter from the Glen Oaks Ridge Association is included in the Agenda backup material. City Attorney Taylor stated that any additional correspondence should be received into the record. Mayor Mason and Commissioner Servian stated that no ex parte communications have occurred. Commissioner Martin stated that the referenced ex parte correspondence is included in the Agenda backup material and therefore part of the record. Mayor Mason opened the public hearing and requested that the Applicant come forward. Jamie Ebling, Attorney with the Law Eirm of Kirk Pinkerton, as Agent representing VoiceStream, as the Applicant, came before BOOK 52 Page 24034 10/07/02 6:00 P.M. BOOK 52 Page 24035 10/07/02 6:00 P.M. the Commission and stated that representatives from VoiceStream are present in the audience and available for questions; that VoiceStream is seeking approval of Major Conditional Use Application No. 02-CU-02 and Site Plan Application No. 02-SP-12 as incorporated in proposed Resolution No, 02R-1529; that the City and VoiceStream have entered into a five-year Lease Agreement which is not effective until a conditional use permit for the installation and operation of the proposed telecommunications tower is approved; that the Applicant has researched the feasibility of alternate locations; however, the Applicant has not located a building or structure of sufficient suitability to accommodate a telecommunications tower without unreasonably compromising the Applicant's systems capability; that the site has been selected and developed with caution to neighboring properties; that the Applicant has displayed extreme sensitivity to the aesthetic effect of the tower, which is the reason the Applicant has proposed to develop a flag pole housing the telecommunications tower. Attorney Ebling referred to a computer-generated slide of the proposed telecommunications tower displayed on the Chamber monitors and stated that the Applicant is requesting to construct a 130-foot telecommunications tower at the City-owned Bobby Jones Golf Course; that the computer-generated réplication of the telecommunications tower is 150 feet which was the Applicant's original proposal; that the height of the telecommunications tower has been reduced to avoid a the requirement for a light at the top of the pole by Federal Aviation Administration (FAA). Commissioner Quillin stated that a light will not be at the top of the pole. Attorney Ebling stated that is correct; that the proposed site is located immediately southwest of the maintenance building of the Bobby Jones Golf Course, approximately 260 feet east of Circus Boulevard and approximately 300 to 350 feet east of a residential subdivision screened from the site by dense vegetation and many mature oak trees; that the site is designated as in the Open Space-Recreation-Conservation Future Land Use Classification and Governmental Use (G) Zone District. Attorney Ebling referred to a computer-generated slide of the site plan of the proposed telecommunications tower displayed on the Chamber monitors and stated that the tower is significantly setback from all property lines; that the location is approximately 1,600 feet from the north property line, over 1,050 feet from the south property line, over 1,900 feet from the east property line, and over 260 feet from the west property line; that the closest property line is adjacent to Circus Boulevard; that the proposed tower will be located in a 70 by 70 foot wood-fenced enclosure which is surrounded by existing vegetation and trees; that the Applicant and City Staff have made several adjustments as to the location of the tower; that the basis for the tower location was to preserve and protect all trees and vegetation which fall within the vicinity of the tower facility; that likewise, the positioning of future co-location areas is to preserve and protect existing vegetation; that the Applicant will be adding additional vegetation around the perimeter of the fence to further buffer and screen the base of the tower from public view; that the Applicant intends to add four BTS cabinets to house the mechanical elements of the telecommunications tower; that none of the BTS cabinets will be visible from outside of the tower compound. Attorney Ebling referred to a computer-generated slide of VoiceStream's existing coverage area displayed on the Chamber monitors and stated that cellular telephone service in the area bound by Myrtle Street to the north, Bahia Vista Street to the south, Lockwood Ridge Road to the west, and Honore Avenue to the east lacks coveragei that the public benefit of the proposed telecommunications tower is to improve cellular telephone service in the area. Attorney Ebling continued that the Applicant and City Staff have worked together in developing the project; that the proposed project complies with all requirements of the Zoning Code (2002 Ed.) and is compatible with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); that the proposed telecommunications tower accommodates the communication needs of residences and businesses while protecting the public health, safety, and general welfare of the community; that the site location was selected as a result of not being able to locate a building or structure which could accommodate the needs of the Applicant or the community. Attorney Ebling further stated that the Applicant held a neighborhood meeting and has entertained continuing comments from the public; that the Applicant has tried to accommodate, address, and resolve all neighborhood concerns prior to the BOOK 52 Page 24036 10/07/02 6:00 P.M. BOOK 52 Page 24037 10/07/02 6:00 P.M. public hearing; that the following eight concerns were brought to the attention of the Applicant by the public: 1. Aviation safety. Attorney Ebling stated that on March 8, 2002, the FAA issued an aeronautical study determining the telecommunications tower would not be a hazard to air navigation; that the study results are included in the Agenda backup material. 2. Illumination of the flag. Attorney Ebling stated that Congress set forth rules, customs, and etiquette pertaining to the displaying and use of the flag of the United Stated of America; that pursuant to Flag Etiquette, flags displayed with a patriotic effect may be displayed 24 hours a day if properly illuminated during hours of darkness; that the Applicant proposes to add ground lighting which is focused on the flag and shielded from abutting properties. 3. Mosquitoes attracted by the light. Attorney Ebling stated that the Applicant communicated with Dr. Lyman Roberts, Director, Sarasota County Mosquito Control regarding lights attracting mosquitoes; that Dr. Roberts informed the Applicant CO2 is the actual attractant of mosquitoes; that CO2 is found in humans and animals, not lights; that Dr. Lyman's expert opinion is the lights used to illuminate the flag will not attract mosquitoes to the area. 4. Noise. Attorney Ebling stated that the Applicant informed the public in attendance at the neighborhood meeting no noise would be emitted from the elecommunications tower facility. 5. Interference with electrical equipment. Attorney Ebling stated that the telecommunications tower and surrounding facility shall be erected in compliance with the Federal Communication Commission (FCC) regulations; that the FCC indicated measurements made near typical Personal Communications System (PCS) installations have shown ground-level power densities well below the limits recommended by the RF/microwave safety standards; that exposures approaching or exceeding safety guidelines will only likely be encountered very close to and directly in front of antennas; that the Applicant is proposing a telecommunications tower over 300 feet from the closest residential propertyi that the tower will be fenced and gated; that no public access shall be allowed. 6. Potential to attract lightning. Attorney Ebling stated that the telecommunications tower is expensive and at all times will be grounded to avoid lightning strikes. 7. Perpetual care of the flag. Attorney Ebling stated that the Applicant is required to abide by the Flag Etiquette adopted by the US Congress as a condition of approval. 8. Effect on migratory birds. Attorney Ebling stated that a recent inquiry regarding the deaths of migratory birds in relation to telecommunications towers is underway; that migratory birds are attracted to aircraft warning lights, become confused, and fly into telecommunications towers and supporting wires; that the Applicant has been in contact with the Audubon Society regarding the issue and has been informed the problem lies with telecommunications towers of 300 feet or more with warning lights and support wires; that the proposed telecommunications tower does not include the characteristics which would attract or confuse birds. Attorney Ebling continued that the Applicant requests approval of Major Conditional Use Application No. 02-CU-02 and Site Plan Application No. 02-SP-12 as incorporated in Resolution No. 02R- 1529 based on the evidence in the record and the City's standards for review. Commissioner Servian asked if the City or the Applicant will maintain the flag? Attorney Ebling stated that the Applicant will maintain the flag. Commissioner Servian asked the person responsible for maintaining the flag during half-staff declarations? BOOK 52 Page 24038 10/07/02 6:00 P.M. BOOK 52 Page 24039 10/07/02 6:00 P.M. Attorney Ebling stated that a representative of VoiceStream resides in Sarasota and will be maintaining the flag in accordance with Flag Etiquette regulations; that the flag will be replaced as necessary. Mayor Mason requested that Staff come forward for the City's presentation. Mark Hess, Chief Planner, Planning Department, came before the Commission and stated that Major Conditional Use Application No. 02-CU-02 and Site Plan Application No. 02-SP-12 as incorporated in proposed Resolution No. 02R-1529 is to allow the operation of a proposed commercial wireless telecommunications facility as a leasehold operated by VoiceStream as lessee of property within a portion of the Bobby Jones Golf Course in the Governmental Use (G) Zone District; that the proposed 130-foot wireless elecommunications facility will be camouflaged as a flagpole with all antennae encased within the flagpole. Mr. Hess continued that on March 8, 2002, the City and the Applicant entered into a Lease Agreement as amended providing for the location of the commercial wireless telecommunications facility; however, the Lease Agreement is contingent upon the final approval of the major conditional use and site plan applications; that at its July 3, 2002, continued to August 7, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found both applications consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the Tree Protection Ordinance; that the applications were filed prior to the effective date of the Zoning Code (2002 Ed.) and are therefore, processed under the Zoning Code (1998 ed.); that both applications satisfy the applicable standards for review in the Zoning Code (1998 ed.), inclusive of Section VII-602, specifically applicable to wireless telecommunication facilities; that the primary issue of the PBLP was the concern for Flag Etiquette regulations; that the PBLP recommended approval of the applications subject to the following conditions: 1. The proposed commercial wireless telecommunications facility and appurtenant improvements shall be located and constructed in conformity with Site Plan Application No. 02-SP-12; 2. : the Applicant shall submit a notarized letter from its contractor stating all digging within the drip line of the existing trees will be performed by hand; 3. All trimming and pruning of existing trees performed by the Applicant in the vicinity of the proposed commercial wireless telecommunications facility shall be conducted under the supervision of the Department of Building, Zoning and Code Enforcement; 4. Any landscaped area or required buffers will be properly maintained by the Applicant; 5. Any vegetation or physical element functioning to meet the landscaping or buffer standards severely damaged shall be replaced by the Applicant within 90 days or one growing season whichever is sooner; 6. Any vegetation or physical element functioning to meet the landscaping or buffer standards severely damaged by an "Act of God" of "Act of War" shall be replaced by the Applicant within 180 days; 7. The Applicant shall furnish the City Manager with a declaration as to the continuing operation of the facility at the beginning of each year; 8. A certification by a licensed professional engineer of the structural integrity of the facility shall be submitted to the City Manager every three yearsi 9. Failure to submit an annual declaration or triennial certification shall be interpreted to mean the tower is deemed abandoned; 10. A performance agreement supported by a form of guarantee shall be submitted by the Applicant prior to the issuance of a building permit; 11. All rules and custom of flag etiquette shall be observed by the Applicant; 12. An administrative site plan approval shall be required prior to the issuance of a building permit. Mr. Hess further stated that the Administration recommends a motion to adopt Resolution No. 02R-1529. Mayor Mason requested the Affected Person come forward. Francis Schroeder, 3809 Ashwood Lane (34232), stated that he represents approximately 500 residents of the Glen Oaks Ridge BOOK 52 Page 24040 10/07/02 6:00 P.M. BOOK 52 Page 24041 10/07/02 6:00 P.M. Association; that all of the residents are 60 years of age and older; that the flying of the flag is a concern; that the reason to have the flag in an isolated area is unknown; that a flag currently exists at the Bobby Jones Golf Course and is taken down in the evening; that the residents will not enjoy listening to the tapping sound of flag grommets hitting against the pole 24 hours a day; that VoiceStream has offered to install rubber grommets to lessen the tapping; that the location of the telecommunications tower and the wind is a concern; that the telecommunications tower could blow over into Circus Boulevard requiring removal within 180 days; that 180 is excessive; that the representative of VoiceStream residing in Sarasota and maintaining the flag for the Applicant is unknown; that the manner in which to contact the individual should be provided; that the Glen Oaks Ridge Association does not desire an absentee tenant. Mr. Schroeder continued that the ball field east of the Bobby Jones Golf Course could be utilized as an alternate location; that the reason for the current location unknown; that the lighted telecommunications tower will attract nocturnal animals; that the City's liability if the telecommunications tower collapses due to a hurricane or wind storm is a concern; that the understanding is the burden of liability will fall on the City since the City is the landlord; that the reason for flying the flag 24 hours a day is unknown; that the reason to even have a flag on the telecommunications tower is unknown; that the type of fence around the telecommunications tower is unknown; that no proof exists the elecommunications tower will not be struck by lightning; that the residents will not accept a flag on the telecommunications tower at the proposed location; that the area is desolate and a flag is not necessary. Mayor Mason passed the gavel to Vice Mayor Palmer and left the Chambers at 8:20 p.m. Vice Mayor Palmer requested that other interested persons come forward. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Vice Mayor Palmer requested that the Applicant come forward for rebuttal. Attorney Ebling, Sharon Preston-stephens, Zoning and Permitting Manager, Michael Serdenski, Engineer, and Ron Grace, Construction Manager, Voicestream, came before the Commission. Attorney Ebling stated that several of the concerns of the Affected Person will be addressed. Ms. Preston-Stephens stated that the residents who attended the neighborhood meeting did not like the telecommunications tower without a flag; that a similar telecommunications tower is located on Bee Ridge Road which was without a flag for sometime; that the attendees at the neighborhood meeting to discuss the telecommunications tower indicated the telecommunications tower was more pleasing with a flag, which was added later, than without a flag; that proposed Resolution No. 02R-1529 requires the Applicant to respond to abandonment; that towers do not routinely fall; that VoiceStream telecommunications towers were still standing after Hurricane Andrew hit the coast of south Florida; that a fall zone collapse area of 32.5 feet is proposed; that the closest residence to the telecommunications tower is in excess of 300 feet awayi that approximately 265 feet exists between the relecommunications tower and the Closest right-of-way; that the telecommunications tower is designed to collapse upon itself and fall within the 32.5 foot collapse zone. Attorney Ebling stated that 261 feet exist between the telecommunications tower and Circus Boulevard; that the relecommunications tower is only 130 feet high; that the telecommunications tower would be approximately 130 feet away from the right-a-way even if the collapse zone failed; that several 50- to 75-foot mature oak trees are around the proposed location; that a 6-foot wooden fence will be installed to shield the entire base of the tower, the BTS cabinets, and the ground directional lighting for the flag; that the pole will be coated with non-reflective material to avoid light bouncing into neighboring residences; that VoiceStream is willing to provide the telephone numbers of the VoiceStream representative responsible for maintaining the pole to the Cityi that a contact person has been established in the signed Lease Agreement; that the proposed location of the telecommunications tower is the prime spot for Voicestream to obtain the maximum coverage; that relocating to the ball field at 17th Street would not allow for VoiceStream to obtain the maximum coverage for the area; that the FCC requires coverage measurements be taken prior to constructing a telecommunications tower; that the City-owned property is one of the most appropriate locations for a BOOK 52 Page 24042 10/07/02 6:00 P.M. BOOK 52 Page 24043 10/07/02 6:00 P.M. telecommunications tower; that the residences are far from the location of the telecommunications tower; that the ability to hear the flag at such a distance is unknown; that a rope rather than a chain will be utilized for the flag; that the ability to hear the flag whipping in the wind is unknown; that the surrounding mature oak trees will act as an additional noise buffer. Mayor Mason returned to the Chambers at 8:25 p.m. Vice Mayor Palmer passed the gavel back to Mayor Mason. Commissioner Servian asked if additional capacity is available on the telecommunications tower for other companies to lease from VoiceStream? Mr. Serdenski stated yes; that the elecommunications tower is equipped with additional co-locator canisters. Ms. Preston-stephens stated that the elecommunications tower is designed for two additional co-locator canisters. Commissioner Servian asked if the two additional co-locator canisters will result in changes to the design of the elecommunications tower? Ms. Preston-stephens stated no. Attorney Ebling referred to an architectural rendering of the telecommunications tower displayed on the Chamber monitors and stated that the two additional co-locator canisters are near the top of the telecommunications tower. Ms. Preston-stephens stated that the top canister is for VoiceStream; that the two canisters just below the top canister are available for future Co-locators. Commissioner Servian asked if the telecommunications tower will provide sufficient capacity for the future needs of VoiceStream. Mr. Serdenski stated yes. Vice Mayor Palmer stated that the willingness to provide local contact information to the City has been indicated; and asked if Voicestream is willing to provide local contact information to the Glen Oaks Ridge Association. Ms. Preston-Stephens stated that every VoiceStream telecommunications tower facility includes signage identifying the owner of the structure and a contact number. Vice Mayor Palmer asked if the information of the contact person could be provided to the Glen Oaks Ridge Association. Ms. Preston-Stephens stated yes. Attorney Ebling stated that several associations are near the proposed location. Vice Mayor Palmer stated that the contact information should be provided to all the associations near the proposed elecommunications tower. Commissioner Quillin stated that the concerns of the Glen Oaks Ridge Association are appreciated; that she is a former resident of Wood Street; that the flag from Sarasota Ford is near Wood Street; that the flag was never heard whipping in the wind; that metal grommets are utilized; that occasionally a clang was heard from the metal grommets; that the flag at Sarasota Ford does not disturb the neighborhood; and asked if VoiceStream would be willing to remove the flag if the noise became a nuisance to neighborhood? Ms. Preston-stephens stated that an answer is unknown; that the Lease Agreement may indicated the obligation to maintain a flag on the pole. City Attorney Taylor stated that the City could amend the Lease Agreement if desired. Ms. Preston-Stephens stated that VoiceSteam would not object to removing the flag if the Lease Agreement is amended. Commissioner Quillin stated that the flag pole is a good idea; that towers which look like cactus plants have been seen; that the Bobby Jones Golf Course would not have to put up a flag if the telecommunications tower flag will be up 24 hours a day; that providing for an abatement if the flag becomes a nuisance is supported. BOOK 52 Page 24044 10/07/02 6:00 P.M. BOOK 52 Page 24045 10/07/02 6:00 P.M. Mayor Mason asked if Mr. Schroeder, as an affected person wishes to rebut? Mr. Schroeder came before the Commission and stated that one person with no responsibility in the Glen Oaks Ridge Association attended the neighborhood meeting and desired the flag; that he represents 500 people who do not desire the flag; that the tower could be relocated near the 17th Street ball field and still cover the area bounded by Myrtle Avenue, Honore Avenue, Bahia Vista Street, and Beneva Road; that the reason for choosing the proposed location is unknown. Commissioner Servian stated that the Commission is open to abating any nuisance resulting from the flag if necessaryi and asked if the Glen Oaks Ridge Association would be willing to come back to the Commission if the flag became a nuisance? Mr. Schroeder stated yes; that the greatest concern is the lack of a quick to respond to situations which may occur with the telecommunications tower; that a telephone number of the individual maintaining the flag on behalf VoiceStream is desired. Commissioner Servian stated that the City will assure a number is provided. Commissioner Quillin stated that City has the ability to take action to remedy a situation since the property is City owned; that she would be happy to speak at one of the Glen Oaks Ridge Association meetings if necessary and will assure the City will monitor the situation. Mr. Schroeder stated that the Sarasota Ford flag is surrounded by buildings which decreases the wind; that the location of the proposed telecommunications tower is exposed. Commissioner Quillin stated that the location near the Sarasota Ford flag is also exposed. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that the Applicant's attorney is agreeable to adding the following condition to Section (k) of proposed Resolution No. 02R-1529 as follows: that the Applicant upon the written request of the City Manager would remove the flag if the flag is determined to be a nuisance by the City. City Attorney Taylor stated that the additional condition is not in the executed Lease Agreement. Attorney Schenk stated that the Commission approved a performance agreement with VoiceStream earlier on the Consent Agenda; that VoiceStream will be providing a guarantee in the amount of $17,500 to secure payment for the dismantling and removal of the tower if the tower is abandoned, unused, or unsafe. Mayor Mason requested the City come forward for rebuttal. Mr. Hess came before the Commission and stated that the aesthetics of the tower was a concern of City Staff; that a generic pole without a flag seems more intrusive in the park- like setting of Bobby Jones Golf Course; that buildings exist toward the north and south side of the proposed location; that the proposed location is in the developed portion of the Bobby Jones Golf Course, not in the fairways or in the greens. Mayor Mason stated that the Affected Person has no further rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1529 by title only. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to adopt Resolution No. 02R-1529 with the additional condition indicated by the City Attorney's Office as follows: that the Applicant upon the written request of the City Manager would remove the flag if the flag is determined to be a nuisance by the City. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yesi Quillin, yesi Servian, yesi Martin, yes; Mason, yes. BOOK 52 Page 24046 10/07/02 6:00 P.M. BOOK 52 Page 24047 10/07/02 6:00 P.M. 13. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4405, PROVIDING FOR THE REZONING OF A 5,497 SQUARE FOOT PARCEL OF REAL PROPERTY FROM THE COMMERCIAL INTENSIVE (CI) TO THE COMMERCIAL-CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT; SAID PARCEL BEING MORE FULLY DESCRIBED HEREIN AND HAVING A STREET ADDRESS OF 1419 FIFTH STREET; APPROVING SITE PLAN APPLICATION NO. 02-SP-31 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING TO PERMIT THE RENOVATION OF AN EXISTING BUILDING HISTORICALLY KNOWN AS THE ACE THEATER; PROVIDING FOR ADDITIONAL CONDITIONS OF THE REZONING AND SITE PLAN APPROVAL AS MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (APPLICATION NOS. 02-RE-13 AND 02-SP-31, APPLICANT RICHARD GARFINKEL, I AIA, AS AGENT REPRESENTING ALAIN AND LOUISE HUIN) PASSED ON FIRST READING (AGENDA ITEM IV-B-2) CD 8:39 through 8:48 City Attorney Taylor stated that proposed Ordinance No. 02-4405 pertaining to Rezone Application No. 02-RE-13, Site Plan Application No. 02-SP-31, and an associated Major Encroachment Agreement is to rezone property located at 1419 Fifth Street from the Commercial Intensive (CI) to the Commercial-Central Business District (C-CBD) Zone District; that Richard Garfinkel, AIA, is the agent representing Applicant Alain and Louise Huin; that the recommendation is to allow ten minutes for the Applicant's presentation and five minutes for rebuttal; that the City will have ten minutes for the presentation and five minutes for rebuttal; that other interested persons will have five minutes to speak; that no one has filed for certification as an affected person. Mayor Mason stated that hearing no objections, the time limits are approved and requested that Commissioner ex parte communications, if any, be disclosed. Vice Mayor Palmer and Commissioners Martin, Quillin, and Servian stated that no ex parte communications have occurred. Mayor Mason stated that informal meetings took place with the Applicant prior to the current meeting. Mayor Mason opened the public hearing and requested that the Applicant come forward. Richard Garfinkel, AIA, came before the Commission and stated that the property at 1419 Fifth Street was originally constructed as the Ace Theatre; that the desire is to have the property rezoned from the CI to the C-CBD Zone District to enable the property owners to restore the building to the original form with an adaptive use potential; that a site plan has been proffered indicating the existing building will be maintained on the existing site; that property lists are provided for potential use which will be compatible with the development of the neighborhood and the economic character of a 5,145 square foot building; that the building contributes to the character of the historical district; that the building will be restored to the original condition to the greatest extent possible; that new building code requirements necessitate some strengthening of the building structure; that the restoration will comply with the Americans with Disabilities Act (ADA) and other regulations; that the site plan and architectural drawings which were submitted and included in the Agenda backup material are fully explanatory. Mayor Mason requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning Department, came before the Commission and stated that Rezone Application No. 02-RE-13 is for approval of a rezoning from the CI to the C-CBD Zone District for property located at 1419 Fifth Street; that the desire of the applicant is to preserve the historic building; that a rezoning to the CI Zone District provides an opportunity for redevelopment consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), the standards for review set forth in the Zoning Code (1998 Ed.), and the Tree Protection Ordinance as well as the goals for the Rosemary District and historic preservation, while limiting the intensity allowed by the C-CBD Zone District; that as the applicant is aware, the rezone does not vest the applicant with the maximum standards allowed in a C-CBD Zone District; that the desire to preserve the building to the original historical form allows for transitional redevelopment; that the Staff report contains a Summary of Comprehensive Plan Consistency Analysis which specifically outlines the goals and objectives, as well as an analysis of compliance with the Zoning Code (1998 Ed.) demonstrating compliance of the application as submitted; that the rezoning request is contingent upon a Major Encroachment Agreement for an existing condition of the location of a portion of the building in the public rignt-ot-way; that the Encroachment BOOK 52 Page 24048 10/07/02 6:00 P.M. BOOK 52 Page 24049 10/07/02 6:00 P.M. Agreement is included in the Agenda backup material as Appendix E in Staff's report regarding the Ace Theatre Rezone and Site Plan. Vice Mayor Palmer stated that Staff's comment indicating rights under the C-CBD Zone District are not vested upon approval of the application is emphasized; that the C-CBD Zone District is in a transition as the adoption of the new Downtown Code moves forward. Commissioner Quillin agreed. Mayor Mason stated that no interested persons have signed up to speak; that neither the Applicant nor the City has any rebuttal; requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4405 by title only. Mayor Mason passed the gavel to Vice Mayor Palmer. Commissioner Quillin stated that the renovation of the Ace Theater Building in the Rosemary District is exciting; that congratulations are extended to the Applicant and all parties involved in the re-adaptive use of the building; that the renovation will revitalize the beautiful character of the building; that the building is exemplary; that the desire of the Applicant to maintain the historical character of the building is applauded. Mayor Mason agreed and stated that informal meetings were held with the Applicant; that the historical renovation of the building is personally exciting; that fond memories are shared with the Commission and audience of going to the movies at the Ace Theater and driving or walking through the Rosemary District as a child; that the area has changed since childhood but remains remarkably similar; that thanks are extended to the Applicant for maintaining the historic legacy of the community. Vice Mayor Palmer stated that all the Commissioners certainly concur. On motion of Mayor Mason and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 02-4405 on first reading. Vice Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Servian, yesi Martin, yes; Mason, yes; Palmer, yes. Vice Mayor Palmer passed the gavel to Mayor Mason. City Manager McNees stated that information was previously received indicating Karin Murphy, Senior Planner II, Planning Department, was resigning from employment with the City; however, Ms. Murphy will not be resigning; that the Administration is pleased Ms. Murphy has decided not to resign; that Ms. Murphy's talents are recognized. Vice Mayor Palmer stated that having Ms. Murphy remain with the City is pleasing. 14. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) CD 8:48 through 9:09 The following people came before the Commission: Andrea Seager, 1628 Seventh Street (34236), President, Original Gillespie Park Neighborhood Association, Inc., read a September 19, 2002, letter to the Mayor and Commissioners concerning the City parks ordinance indicating the Original Gillespie Park Neighborhood Association, Inc., voted on August 15th, 2002, to support the Commission's efforts in implementing ordinances to curb the institutional use of City's parks and are not happy with the social services being offered by charities in Gillespie Park more than once a week; and stated that the understanding is food, clothing, and medical care are being distributed. Ms. Seager stated that issues concerning Gillespie Park have been raised with the Commission over the years; that every Monday morning she walks in the park with her dog; that a few people are seen sitting on park benches; that the people sitting on the park benches are not problematic; that on Sundays people migrate into Gillespie Park from surrounding areas of the City; that the migration starts early in the morning at approximately 9 a.m.; that the migratory people are not the people living permanently under the bushes in Gillespie Park; that the assumption is the majority of the people coming to the park on Sunday are not homeless; that the people are either poor and require food or are interested in the church or medical services being provided; that the issue concerns not only the homeless; that the issue concerns the distribution of social services. BOOK 52 Page 24050 10/07/02 6:00 P.M. BOOK 52 Page 24051 10/07/02 6:00 P.M. Ms. Seager continued that a typical Sunday includes the migratory people eating, napping, and socializing; that once the social services including medical services, clothes distribution and feeding are complete, the migratory people then loiter in Gillespie Park; that the feeling during a tennis game played with her husband on Sunday was as if the game was being played in the dining room of the Salvation Armyi that the people were whistling and commenting on the tennis game; that the experience was not pleasant; that social services are necessary; however, the use of a public park for the administration of social services is the concern; that the previous President of the Original Gillespie Park Neighborhood Association, Inc., worked diligently for over a year to find a new location on City or County property which could be designated for the distribution of services to the poorest members of the community; that City Staff and County Commissioner Paul Mercier worked with the Original Gillespie Park Neighborhood Association, Inc., to find a location and negotiate a lease; that the lease was not approved; that the Commission is requested to provide an alternative plan; that the issue is politically sensitive which is understood; that the residents of the Gillespie Park neighborhood request social services not be provided in the park; that distributing free food, clothing, and medical services would likely be prohibited at City Hall, Five Points Park, Siesta Beach, or the Oaks Country Club; that the residents of Gillespie Park are requesting the park be maintained as a recreational area and not as a social services center. Betty Wyatt, 1760 Fifth Street (34236), Treasurer, Original Gillespie Park Neighborhood Association, Inc., five-year resident and property owner in Gillespie Park, stated that the institutional use of public parks, particularly Gillespie Park, is an issue; that every Sunday Gillespie Park has an influx of indigent traffic in the neighborhood; that the influx begins early in the morning and remains into the night which indicates institutional use of Gillespie Park; that the institutional use of the park has been taking place for four years; that the City's past efforts in assisting the residents of the Gillespie Park neighborhood is applauded; however, the Mayor and the Commission are urged to implement a strong ordinance which will curb institutional use of all the City's parks; that an ordinance would likely be addressed in a timely manner if the institutional use of Gillespie Park every Sunday was transferred to the City Hall area. Allen Conrad, 2000 Webber Street (34239), Realtor, stated that the activity which occurs in Gillespie Park is a concerni that a real estate listing is held directly across from the area in Gillespie Park at which medical care is provided; that open houses for the real estate are held on Sundays; that comments received from perspective buyers of the real estate are concerning; that people come to the park and loiter in anticipation of receiving services at the medical clinic; that people sleep on top of picnic tables sO resident families cannot utilize the picnic tables; that real estate buyers who witness the events wonder if the picnic tables could be used by residents on Sundays; that people continue to loiter after the medical services are delivered; that brawls and fights take place in the park as well; that the concern is being expressed by perspective buyers who are interested in owning property in the Gillespie Park neighborhood; that the concern is not over the care given to the indigent people but rather the appropriateness of the location; that a doctor who provides care on Sundays at the park indicated the park may not be the most appropriate location since an adequate medical examination requires people to disrobe; that disrobing is not appropriate in a public park; that offering medical services in the park does not provide the most effective treatment; that treatment can be better delivered at a different location; that property owners around Gillespie Park would have the park back and would feel better about the value of property if the services were moved to another location. Devin Rutkowski, 324 Julia Place (34236), stated that a transformation of Gillespie Park tal kes place from Monday through Saturday to Sunday; that Monday through Saturday, young people can be seen riding bicycles and roller blading; that couples walk through the park holding hands, residents walk dogs, and tennis games are played; that Sunday morning at precisely 9 a.m., disadvantaged individuals from the north, south, east and west migrate to the heart of the Gillespie Park neighborhood; that the individuals migrate to the beautiful, green Gillespie Park, which is ten acres of City owned-property, that the migration takes place until 3 p.m., at which point a church known as Gifts from God comes to the park and sets up loud speakers; that from 3 to 4 p.m. a church service takes place in the park; that great things take place during the service; that some people come to the service to find Jesus and some people do not; that the service is an hour-long revival; that a show of hands is requested of anyone who has actually gone to the Gillespie Park while the revival is taking place; that the BOOK 52 Page 24052 10/07/02 6:00 P.M. BOOK 52 Page 24053 10/07/02 6:00 P.M. individuals who raised hands recognize the truth of the situation taking place in the park. Mr. Rutkowski distributed a document found on the internet site for Gifts from God Ministries (Gifts from God) which advertises the Church in the Park and Doc in the Park indicating hundreds of medically under-served people receive free medical care during the Church in the Park outreach in cooperation with Sarasota Memorial Hospital Doc in the Park free clinic; that through the Doc in the Park program, volunteer doctors, nurses and non-medical assistants provide medical care; that the Church in the Park is a weekly public park service and outreach to the poor and homeless which began in October of 1998; that 50,000 hot meals, music, dynamic teaching, personal testimony and the Gospel message is provided every Sunday. Mr. Rutkowski stated that the revival has taken place every Sunday from 3 to 4 p.m. for the past four yearsi that donations are taken and hot meals have been provided for over 50,000 people; that the transformation from Monday through Saturday to Sunday is dramatic; that from 4 to 5 p.m., many people eat; that the affair is similar to a huge picnic; that people should be allowed to picnic in parks; however, 100 to 300 individuals are typically at the park being fed their fill of food and Jesus; that the event is advertised, receives donations, and has served a massive supply of food over a four-year period; that the events must be classified as either temporary or permanent commercial activities being conducted in the Park; that the events are not normal everyday activities expected in any city park; that a challenge is presented to the Commission to list three City parks at the current time at which hot meals are served or church services held besides Gillespie Park; that Section VII-602 (EE), Temporary Uses and Activities, Zoning Code (2002 Ed.), defines the purpose and intent of temporary uses and activities as follows: These regulations allow short-term and minor deviations from the requirements of the zoning code for uses and activities which are truly temporary in nature, which will not adversely impact the surrounding area and land uses, and which can be terminated and removed immediately. l'emporary uses and activities have no inherent rights to permanent continuance within the zone district in which they locate. Mr. Rutkowski continued that the Zoning Code (2002 Ed.) also provides a temporary commercial activity permit is required which shall be reviewed by the Director of Building, Zoning and Code Enforcement; that the trash and debris should be removed upon termination of the activity; that adequate sanitary facilities shall be provided for the duration of the activity; that a permit is required for other revivals, outdoor meetings and picnics; that no more than two such permits can be issued for the same zoning lot during a calendar year; that the Administration is requested to make a written determination as to if the activities being held every Sunday in Gillespie Park are a temporary commercial activity or a permanent commercial activity; that the events are regulated by the Zoning Code (2002 Ed.) if the events are considered a temporary commercial activity; that a permanent commercial activity is not permitted in a Governmental Use (G) Zone District if the events are considered a permanent commercial activity; that a church cannot exist in a G Zone District; that Sarasota Memorial Hospital (SMH) has held medical clinics as defined by the Zoning Code (2002 Ed.) for the past 12 months in Gillespie Park; that a medical clinic as defined in the Zoning Code (2002 Ed.) includes an examination, diagnosis, and treatment of medical and other health care patients and associated administrative and clerical operations of the practice and does not include an overnight stay; that Table VI-701, Primary Uses Allowed in the Special Purpose Zones, Zoning Code (2002 Ed.), indicates the use category for a medical office is prohibited in the G Zone District. Mr. Rutkowski further stated that the reason for permitting the activities in Gillespie Park is not understood; that a medical clinic operating out of a person's home in the Gillespie Park neighborhood would be prohibited and likely halted within 24 hours; that the Doc in the Park and Church in the Park programs are advertised on the internet; that people now come to Gillespie Park for medical services; that a letter from the Medical Director of the SMH Community Medical Clinic was delivered to the Mayor's office; that the author of the letter uses the term medical clinic; that a transformation literally takes place in Gillespie Park every week; that the ten acres of Gillespie Park are a gem Monday through Saturday; that portions of the Zoning Code (2002 Ed.) actually date back to 1974; that the Zoning Code (2002 Ed.) is antiquated and is embarrassing; that someday the City will have a new zoning code; that some cut-through traffic exists and a few slumlords own property in BOOK 52 Page 24054 10/07/02 6:00 P.M. BOOK 52 Page 24055 10/07/02 6:00 P.M. the Gillespie Park neighborhood which is not too excessive; however, the addition of 100 to 300 people being fed and receiving Jesus each week as well as the operation of a medical clinic have resulted in a significant problem; that the existing Zoning Code (2002 Ed.) should preclude the activities from taking place in the park; that Gillespie Park consists of old housing stock in dire need of renovation; that the Commission is requested to consider the existence of these types of activities in the heart of a residential neighborhood which is struggling for revitalization. Bill Holland, 800 Gillespie Avenue (34236), stated that the concern raised by previous speakers is shared; that the Commission is urged to enact legislation or utilize existing legislation to limit the activities taking place in Gillespie Park. Linda Holland, 617 Gillespie Avenue (34236), 20-year resident of Gillespie Park, referred to a file containing information related to the issues at Gillespie Park and stated that discussions have taken place with the Commissioners concerning Gillespie Park; that the issues and problems are known; that a solution is required; that legal issues have been raised; that the City Attorney's Office sent a letter to the Administration dated August 25, 2000, which indicated the City could take action to address the issues related to Gillespie Park; that the major issue in the Gillespie Park relative to the assembly on Sundays is the lack of public sanitation facilities; that trash disposal is a continuing issue; that discussions were held with the Administration requesting Gifts from God to remove trash from the park as a short-term resolution; that the Sunday group had been removing the trash from the park; however, Monday morning walks taken in the park reveal the trash created by the Sunday group is no longer being removed; that dogs or other animals are spreading the trash throughout the park; that pictures of the trash and condition of the park every Monday morning can be provided to the Commission; that the memorandum from the City Attorney's Office indicates the City could enact park regulations to require permits for groups exceeding a certain size; that groups with permits could be required to engage in a group activity at a specified location within the park not necessarily at the pavilion; that sanitary requirements could be established including a requirement for sufficient toilet facilities and litter control. Ms. Holland continued that the Commission is requested to alleviate the problem quicklyi that relief is required; that the residents in the Gillespie Park neighborhood will not have to repeatedly bring the issue to the Commission if the problem is solved soon; that the Commission is requested to generate a swift resolution. Mayor Mason stated that the Commission's response to the concerns relating to Gillespie Park will be discussed during an appropriate area in the Agenda. 15. UNFINISHED BUSINESS: STATUS RE: : SISTER CITIES AGREEMENT - DIRECTED THE ADMINISTRATION TO PROVIDE A REPORT AS TO THE LENGTH OF TIME REQUIRED TO DEVELOP AN AGREEMENT (AGENDA ITEM VII-1) CD 9:09 through 9:15 Commissioner Quillin referred to an August 9, 2002, memorandum from the City Attorney concerning the Sarasota Sister Cities Association (Sister Cities); and stated that the Commission requested the City Attorney determine the requirements to formalize the relationship with Sister Cities; that formalizing the process requires development of polices or guidelines which would be implemented by the Commission; that the agreement has not been received; that the issue is being brought back since Sister Cities has been requesting an understanding of utilizing the funds the City budgets for Sister Cities annually; that several meetings were held with the Administration and Sister Cities to establish mechanisms for utilizing the funds, specifically for issues relating to leasing of vehicles; that formalizing the relationship is appropriate; that representatives from Sarasota's sister cities are coming to the City for the opening activities of the 100th Year Anniversary Celebration on October 14, 2002; that a formal agreement has still not been developed. City Manager McNees stated that issues related to the logistics of the leasing of vehicles as well as additional expenditures in anticipation of the opening activities for the 100th Year Anniversary Celebration have been resolved; that payments have been processed; that a formal agreement to address procedural issues may or may not be necessary; that the vehicle leasing issue was related to insurance; that the assignment to formalize an agreement was received at the August 12, 2002, Regular Commission meeting; that the Administration has been in contact with Sister BOOK 52 Page 24056 10/07/02 6:00 P.M. BOOK 52 Page 24057 10/07/02 6:00 P.M. Cities since the August 12, 2002, Regular Commission meeting; that an agreement to formalize the relationship has not been developed since Sister Cities has been inundated with work pertaining to the upcoming visit; that the Administration has also had a large workload over the last two months in anticipation of the upcoming Sister Cities visit and events. Commissioner Quillin asked the date by which the agreement can be expected? City Manager McNees stated that discussions should take place with Sister Cities since Sister Cities time will be required to develop the agreement; that Sister Cities may prefer to wait until after the October 14, 2002, opening activities of the 100th Year Anniversary Celebration. Commissioner Quillin stated that Sister Cities expressed wishes for an agreement to provide an opportunity for additional planning for upcoming events; that the City should take the next step; that Sister Cities is waiting for the City's response. City Manager McNees stated that the Administration will be happy to contact Sister Cities. Commissioner Quillin stated that a legal agreement is necessary. City Manager McNees stated that the Administration has been covering Sister Cities' expenses; that no logistical problems pertaining to paying bills for Sister Cities are occurring; that a promise cannot be made concerning the availability of Sister Cities to discuss a formalized agreement; that the issue will receive more focus after the October 14, 2002, opening activities of the 100th Year Anniversary Celebration. Mayor Mason stated that waiting until after the October 14, 2002, opening activities of the 100th Year Anniversary Celebration opening is fair to all parties involved. Commissioner Quillin stated that being fair is appreciated; however, the process for developing an agreement was discussed one year ago. Mayor Mason stated that requiring the development of an agreement at the current time will not benefit any of the parties involved. City Attorney Taylor stated that as the 100th Year Anniversary Celebration Sister Cities program has evolved, many difficult points have arisen since Sister Cities is new to these types of activities; that the issues are being handled by the City Manager and Staff; that the agreement which will be the guideline for the future of the relationship between the City and Sister Cities cannot be developed in time for the October 14, 2002, opening activities for the 100th Year Anniversary Celebration; that the agreement will take six to eight weeks to develop; that the Administration wishes an opportunity to get beyond the opening activities of the 100th Year Anniversary Celebration before committing to developing the agreement. Commissioner Quillin stated that the status of the agreement is in question; that the requirement of an agreement was raised upon returning from Dunfermline, Scotland, one year ago; that no agreement has existed since work with Sister Cities was begun; that Sister Cities should have an idea of the relationship with the City; that City taxpayers should also have an agreement available to explain the City's budgeted amount of $10,000 allocated to the Sister Cities program; that a time line is requested from Staff; that issues constantly arise; that the hope at the present time was for an agreement rather than another extension to develop the agreement. Vice Mayor Palmer stated that the Commission's consensus could be for the Administration to come back with a proposal as to the length of time required to develop an agreement; that the City Manager's report provided at the end of each week could be the vehicle for more specific information as to the time frame of developing the agreement. Mayor Mason asked the wishes of the Commission. Commissioner Martin stated that the City Manager's report is an acceptable vehicle for reporting the time frame of receiving the agreement. Commissioner Servian agreed. Mayor Mason stated that the Commission's majority consensus is for the Administration to provide a report as to the length of time required to develop an agreement. 16. UNFINISHED BUSINESS: DISCUSSION RE : REQUEST FOR AGREEMENT WITH THE DOWNTOWN ASSOCIATION OF SARASOTA FOR THE SATURDAY MORNINGS FARMER' ' S MARKET - REFERRED TO THE ADMINISTRATION TO BOOK 52 Page 24058 10/07/02 6:00 P.M. BOOK 52 Page 24059 10/07/02 6:00 P.M. DEVELOP AN AGREEMENT WITH THE DOWNTOWN ASSOCIATION OF SARASOTA, INC. / FOR THE SATURDAY MORNING FARMER'S MARKET (AGENDA ITEM VII-2) CD 9:15 through 9:18 Commissioner Quillin stated that information was received regarding the Downtown Association of Sarasota, Inc. (Downtown Association), for the Saturday Morning Farmer's Market indicating the Farmer's Market was approved in 1979 by vote of the Commission; that an agreement as to the functioning of the Farmer's Market does not exist with the Downtown Association; that members of the Downtown Association ask questions; that the City should develop agreements or letters of intent for functions which operate on public property in the City; that a written agreement between the City and the organization should be available to the public; that approval for an organization to perform services on public property in the City through a motion of the Commission but without a written agreement was surprising; that the hope is an agreement can be developed regarding the Farmer's Market; that tax dollars are involved; that an agreement would provide accountability; that the Farmer's Market has expanded; that the expansion may affect Downtown traific; that people are not heeding the pedestrian signals; that cones should be placed at intersections to aid in pedestrian crossing. Commissioner Quillin stated that the Commission's consensus for developing an agreement with the Downtown Association for the Saturday Morning Farmer's Market is requested. Vice Mayor Palmer stated that the issue regarding an agreement with the Downtown Association for the Saturday Morning Farmer's Market should be referred to the Administration. Commissioner Servian agreed. Mayor Mason stated that the Commission's consensus is for the Administration to develop an agreement with the Downtown Association for the Saturday Morning Farmer's Market. 17. UNFINISHED BUSINESS: APPROVAL RE: : EASEMENT FOR MASONRY WALL CONSTRUCTION AND LANDSCAPE PLANTING WITH BEVERLY SCOTT APPROVED, ; ADMINISTRATION WILL BRING A PLAN OF ACTION TO THE COMMISSION CONCERNING ISSUES RAISED RELATING TO THE PARK PRIOR TO COMMENCING RESEARCH OR IMPLEMENTING SOLUTIONS (AGENDA ITEM VII-3) CD 9:18 through 9:56 V. Peter Schneider, Deputy City Manager, came before the Commission and stated that at its August 12, 2002, Regular meeting, the Commission directed the Administration to prepare an agreement which protects the City's interest and allows Beverly Scott to construct a masonry wall on City park property located on the northern edge of Whitaker-Gateway Park. Timothy Litchet, Director of Building, Zoning and Code Enforcement came before the Commission, referred to site plans displayed on the Chamber monitors throughout the presentation and stated that a five foot ingress and egress easement exists on either side of the property line which divides the Scott property located at 1050 Hampton Road and the City's Whitaker-Gateway Park property. Commissioner Quillin asked the location of the Scott driveway? Mr. Litchet stated that the Scott driveway encroaches into the City-owned property line; that the City-owned chain link fence is parallel to and approximately eight to nine feet from the Scott's south property line; that the proposal is to construct a masonry wall in place of the chain-link fence which will provide more protection from the impacts of the Whitaker-Gateway Park. Commissioner Quillin asked the location of the easement? Mr. Litchet stated that an access easement runs from Palmetto Lane to the Bay; and was originally to provide access for delivery wagons. Commissioner Quillin asked for clarification of the easement. City Attorney Taylor stated that the easement consists of five feet on both sides of the lot line. Commissioner Quillin asked if the easement is actually ten feet and is being used as a driveway? Mr. Litchet stated that the driveway is on the easement. Commissioner Quillin asked the owner of the right-of-way? Mr. Litchet stated that the understanding is the easement is not actually a right-or-way, but is an easement. Commissioner Martin asked Staff's understanding of the project? BOOK 52 Page 24060 10/07/02 6:00 P.M. BOOK 52 Page 24061 10/07/02 6:00 P.M. Mr. Litchet stated that the project was only recently received; that Staff has discussed the project, has visited the site, and is available to provide any clarification of issues regarding the project. Vice Mayor Palmer stated that the masonry wall will replace the chain-link fence and asked the location of the planned masonry wall. Mr. Litchet stated that the masonry wall will be constructed along the same path as the chain-link fence, approximately nine feet from the property line; that the chain-link fence was originally erected a few feet from the property line; that the wall will be adjusted to protect the trees. Commissioner Quillin asked the reason for not constructing the wall behind the trees? Mr. Litchet stated that additional adjustments may be required; that the understanding is the trees are on the Whitaker-Gateway Park side of the property line. Vice Mayor Palmer asked the height of the planned masonry wall? Mr. Litchet stated that the height of the wall is 6.5 feet; that a concrete seawall exists at the end of the property on the Bayi that landscape plantings will be placed between the end of the masonry wall and the western property line to designate the property boundary. Commissioner Servian asked how the encroachment of the seawall is being handled? Mr. Schneider stated that an easement for the seawall is included in the documentation provided in the Agenda backup material but does not require any action by the Commission; that Ms. Scott is providing the City with an easement for the seawall as part of the agreement which protects the City's seawall cap extending approximately 18 inches into Ms. Scott's property; that the easement protects the City's future interests. Stephen Rees, Attorney, Icard, Merrill, Cullis, Timm, Furen and Ginsburg, P.A., and Beverly Scott came before the Commission. Attorney Rees stated that Staff has correctly cited the facts related to the planned masonry seawall; that the properties in the area were under a common ownership in the early 1950s and were later divided into smaller parcels; that the common grantor of the conveyance of the parcel which became the Scott parcel and the parcel which became the Whitaker-Gateway Park at the common boundary line were burdened with a five-foot easement for ingress and egress; that at the time Ms. Scott purchased the property, the driveway consumed the five-feet width of each easement for a total of ten feet; that an intervening parcel exists to the east heading back to Palmetto Lane; that Ms. Scott owns the property less the adjoining easterly 130 feet of the intervening parcel; that the survey of the intervening parcel indicates the continuation of the ten-foot driveway which is the only means of access; that the owner of the intervening parcel has provided Ms. Scott with the utility easement for either above-ground or underground utilities to serve her residence to the west; that the easement is a recorded utility easement; that Ms. Scott is prohibited from providing a privacy wall within her own property since the wall would be obstructing legal access from Palmetto Lane; that additionally, any wall or landscaping constructed on Ms. Scott's property would be on top of the utility easements already granted for services to her property, not to Whitaker-Gateway Park; that Staff requested research to ensure the proposed location of the masonry wall would not impair any utilities; that the research was performed and the information was provided to Staff and the Development Review Committee (DRC); that no above-ground or underground utilities are affected by the proposed location of the masonry wall. Attorney Rees continued that the wall is located between the edge of the five-foot easement which Ms. Scott enjoys within the park and the existing chain-link fence; that the approximate four-foot width is providing the opportunity to construct the wall with the appropriate foundation; that Ms. Scott will work with Staff to construct the wall to assure no damage to existing trees and will provide landscaping; that the wall construction, the landscaping, and the subsequent maintenance of the wall in perpetuity is the monetary obligation of Ms. Scott or her successors; that the City has no monetary liability for the construction or the maintenance. Attorney Rees further stated that the request for the easement for the seawall to address the encroachment was provided as a quid pro quo; that Ms. Scott executed the easement for the seawall which was delivered with an appropriate letter to the City Attorney's Office; that the executed easement for the seawall is being held in escrow and will be released and recorded concurrently upon BOOK 52 Page 24062 10/07/02 6:00 P.M. BOOK 52 Page 24063 10/07/02 6:00 P.M. Commission approval of the easement modification to allow Ms. Scott to construct the masonry wall and to install the landscaping; that the Commission is requested to take affirmative action on the request. Vice Mayor Palmer asked the public purpose of the City's action in approving the construction of the masonry wall? Attorney Rees stated that Ms. Scott has a legal right through an easement which burdens the five feet from the common property line on Whitaker-Gateway Park; that the chain-link fence does not serve the public purpose which is to define the boundary of the park and the boundary of the rightful user's privileges to assure Ms. Scott's private property rights are respected; that photographs have been provided indicating the chain-link fence as presently constructed allows individuals to crawl underneath by burrowing and entering the property; that individuals also scale the chain- link fence to gain access to the property; that the City has attempted to provide an extension of the chain-link fence at the end of the easement at the shoreline to preclude unauthorized persons from coming around and utilizing the seawall; that Ms. Scott has had to endure uninvited individuals utilizing her property ever since the park has opened; that uninvited individuals swim in her pool, conduct amorous relationships on her pool deck, sleep on her lawn, and leave debris and urinate; that all types of activities at strange hours take place on her propertyi that the public purpose served is to protect Ms. Scott as a citizen and taxpayer and to provide a more secure boundary for the park; that the Sarasota Police Department (SPD) would be alleviated from having to respond to calls and police her property; that the wall and landscaping will be an attractive addition at no cost to the City; that perpetual maintenance will be performed by the property owner; that the situation serves the City as well as Ms. Scott. Vice Mayor Palmer asked if maintenance will be performed by Ms. Scott on the City's side of the masonry wall? Attorney Rees stated that maintenance on the City's side of the masonry wall will probably not be necessary; that the agreement indicates maintenance of the wall is the responsibility of Ms. Scott; that the agreement indicates Ms. Scott is not responsible to maintain the wall if damages result from misuse or neglect due to activities in the park. Commissioner Martin stated that the project is supported; however, some clarification is requested; that the understanding is the chain-link fence will be removed and a masonry wall will be constructed along the same path as the chain-link fence. Attorney Rees stated that is correct. Commissioner Martin stated that the possible damage resulting from construction of the masonry wall to the existing trees and roots is a concern; that some curvature of the masonry wall will mitigate the concern; that footers could be used sO the masonry wall would not meet the ground and not affect the tree roots; that the presentation indicated these concerns will be addressed with Staff. Attorney Rees stated that field conditions will dictate the requirement of a deviation in the course of the masonry wall; that Staff's input will be required regarding tree matters; that the proposal was initially for a wall with a series of vertical posts with a form of StyroCrete or other material which would then be covered with stucco; that City Staff determined traditional construction of a concrete footer and masonry block wall with an attractive facade would be more appropriate to assure stability, privacy, and the perpetual maintenance obligation; that as footers are placed and tree roots or other obstacles are encountered, confirmation of the best method to proceed will be requested from Staff; that Staff has always been available as the plans have evolved; that the spirit of cooperation will continue. Commissioner Martin stated that another construction system was suggested to address the possibility of negative impact to the trees; and asked if the landscaping on the south side of the masonry wall will be maintained by Ms. Scott? Attorney Rees stated that the landscaping which currently exists on the City's side of the park will be maintained by the City. Commissioner Martin stated that the understanding is the landscaping on the north side of the masonry wall has been approved by DRC. Attorney Rees stated that is correct. Commissioner Martin stated that compatibility issues between the park and neighbors have been a concerni that adjustments such as moving grills and shelters further away from Ms. Scott's property have been attempted but have not solved the problem; that the masonry wall may not solve all the issues; that the masonry wall is a great expense to Ms. Scott; that people could still enter the property inland through the neighborhood and potentially from BOOK 52 Page 24064 10/07/02 6:00 P.M. BOOK 52 Page 24065 10/07/02 6:00 P.M. around the seawall; that the hope is the masonry wall will address the problem. Mr. Rees stated that the privacy and security objectives are addressed and reasonably remediated by the proposed masonry wall; that eliminating the view into the property will greatly reduce the interest of individuals on the other side of the wall to enter Ms. Scott's property; that the masonry wall will provide a substantially better noise buffer; that the concern regarding noise will not be totally eliminated but will be reduced in impact; that Ms. Scott is prepared for some continuing incidences due to living next to a park; however, the hope is the occurrence of the incidences will be dramatically lessened. Commissioner Martin agreed and stated that the design of the masonry wall is the best measure at mitigating the issue to the greatest extent possible; that the Commission is reminded of the Crime Prevention Through Environmental Design (CPTED) principles for the City's side of the masonry wall; that a solid wall does not provide appropriate crime prevention surveillance as typically received with an opaque wall; that since the County maintains the Park, both the City and County should have plans to address the overgrown landscape on the south side of the wall sO as not to exacerbate the problem of people camping or loitering in the area; that Staff is requested to address the issue at the present time. Mr. Schneider stated that the landscaping has not been addressed since the Commission has not taken action concerning approval of the masonry wall; that Staff discussed the landscaping and is prepared to address the problem; that the landscaping should be thinned; that the vegetation buffer was intentionally widened and thickened at the time the park was developed to hopefully mitigate some problems which are being encountered with Ms. Scott's property; that the landscaping problem will be addressed. Commissioner Martin stated that the landscaping should be thinned or the canopy lifted to provide better surveillance of the area. Mr. Schneider stated that Staff's intention is to provide better surveillance of the area. Commissioner Martin stated that the goal is the park will not become a nuisance to adjacent private property owners; that the gazebo presently has electricity available; that the availability of electricity allows for a sound system which causes an increase in the noise level; that vehicles in the park play radios at high levels which is a policing issue; that electric outlets should possibly not be provided; that lights are necessaryi however, providing electrical outlets into which people can plug sound systems should be researched; that generators are also brought into the park; that the permitting process should be examined and policing the area should be addressed to avoid nuisances. Mr. Schneider stated that the nuisances are unintended consequences of the design of the park; that a tremendous amount of public input was received at the time the park was designed; that the public wanted the availability of electricity in the pavilion which is the reason electrical outlets were provided; that the electrical outlets have since caused problems; that Staff will research the issue and take appropriate action. Commissioner Martin stated that the park should be useful and welcoming but should not become a nuisance to the neighboring properties. Commissioner Quillin stated that a cost is associated with use of the electrical outlets. Ms. Scott stated that people plug speaker systems into the electrical outlets regularly; that large six-foot tall speakers have been plugged into the outlets. Commissioner Quillin stated that some parks charge a fee for use of electrical outlets; that charging for electricity may stop frequent use of the electricity. Commissioner Quillin stated that the easement for the masonry wall construction and landscape planting agreement indicates the City grants limited right of ingress upon, over, through, across and from Whitaker-Gateway Park for the purpose of performance of necessary maintenance, repair and/or replacement from time to time hereafter; that the masonry wall should be constructed around clusters of trees beyond Ms. Scott's driveway which would enhance both sides; that a winding masonry wall would be more appealing than a straight blank wall; that the City's side of the masonry wall should be painted with graffiti-proof paint; that a blank wall will invite graffiti and will become another problem in the park; that the Sarasota Sheriff's Department can provide information concerning graffiti-proof paint; that the masonry wall should wind rather than bump in and bump out; that the contractor should wind the masonry wall three to four feet from the trees sO the trees can be better protected; that not finishing the BOOK 52 Page 24066 10/07/02 6:00 P.M. BOOK 52 Page 24067 10/07/02 6:00 P.M. cement-Dlock masonry wall with stucco is disappointing since climbing a rough-surfaced stucco masonry wall is more difficult than climbing a plain cement-block masonry wall. Ms. Scott stated that winding the masonry wall is not a problem as far as expense; that the trees should definitely not be harmed; that many trees exist on her property; that the trees are as beautiful as the water; that the concern is which side of the trees to wind the masonry wall around since people could use the trees as leverage to Climb the wall; that people would be less able to use the trees to climb the wall if the masonry wall is extended around the trees on the park side. Commissioner Quillin stated that the trees belong to the park and the rest of the public; that some trees can probably not be climbed. Ms. Scott stated the space between the masonry wall and the tree could be used as a leverage to climb the wall. Commissioner Quillin stated that people are climbing the chain- link fence; that people wishing to gain access to the property would be aware the wall would provide protection once scaled; that a perpetrator who accessed the property by scaling the wall would be hidden from view since the wall is solid; that chain-link and wrought iron fences can be seen through; that solid fences do not protect the property owner; that studies indicate robberies are committed on properties with solid walls since the solid wall provides protection for the perpetrator to come and go without being seen. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to approve the Easement for Masonry Wall Construction and Landscape Planting with Beverly Scott agreement. Commissioner Servian stated that a serious problem concerning privacy and property rights exists; that an individual climbing over any type of fence onto Ms. Scott's property cannot be seen from the park; that the vegetation is very dense and the City cannot expect Ms. Scott to remove her plantings to provide the SPD a better view of her property; that constructing a solid wall will not have the detrimental affects normally expected by not conforming with CPTED; that personal visits to the property reveal the conditions Ms. Scott has endured are nasty and miserable; that groups come into the park on weekends and plug in speakers approximately three to four feet tall and blast music at extreme noise levels; that no permits are obtained; that people simply walk around, climb over the chain fence, and use Ms. Scott's pool as a bathtub; that the Commission should at the least approve construction of the masonry wall to assist in remedying the situation. Vice Mayor Palmer stated that the property was visited; that the public purpose involved is evident; that a considerable amount of trash is under the trees in front of the chain-link fence on the park side; that people obviously camp in the area as well as go over the fence; that no grass is growing under the tables; that a curvature exists enabling a small person to crawl through at the very end of the chain-link fence; that people are not only going over but are also going around and through the fence; that construction of the masonry wall from a safety and security point of view is supported. Mayor Mason requested a vote on the motion to approve the Easement for Masonry Wall Construction and Landscape Planting with Beverly Scott agreement. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Commissioner Martin stated that the Commission's consensus is requested to refer to the Administration the research of electrical outlets at the gazebo or anything additional which may be done to mitigate some of the nuisances. Commissioner Quillin agreed. Mr. Schneider stated that a plan of action will be brought back to the Commission before commencing any research. City Manager McNees stated that the Commission's direction is requested to pursue solutions which are not enforcement intensive but rather preemptive in nature. Mayor Mason stated that hearing no objections, the Administration will bring a plan of action to the Commission concerning issues raised relating to the park prior to commencing research or implementing solutions. 18. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE ADMINISTRATION TO INITIATE THE PROCESS OF ESTABLISHING AN ANCHORAGE AT THE BAYFRONT - APPROVED (AGENDA ITEM VII-4) CD 9:55 through 10:05 BOOK 52 Page 24068 10/07/02 6:00 P.M. BOOK 52 Page 24069 10/07/02 6:00 P.M. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that discussions have occurred in the past regarding an anchorage at the Bayfront; that the uncertainty of Marina Jack's willingness to participate in the operation of an anchorage has been controversial, that Marina Jack's participation in an anchorage is essential to provide the upland facilities necessary for establishment of an anchorage; that discussions have been held with the Federal Department of Environmental Protection (FDEP), Marina Jack, and O'Leary's Water Sports and Grill (O'Leary's) to attempt to determine if any tentative interest in being part of an anchorage exists; that Marina Jack's involvement is greater than O'Leary's due to the ownership of the required upland facilities; that Marina Jack's involvement would preclude the City from having to duplicate the upland facilities on Island Park; that O'Leary's initially indicated a lack of interest but later displayed some interest; that the assumption is O'Leary's is interested in the anchorage; that a management agreement is the form of conveyance previously used by FDEP to grant anchorages; that a submerged lands lease is the form of conveyance being used by FDEP at the present time. Mr. Schneider continued that Staff recommends retaining the services of a consultant to receive the most effective, professional service; that the consultant will be procured through a Request for Proposal (RFP) process; that the Commission should determine if an anchorage is desired; that administrative steps would be taken if the Commission chooses to establish an anchorage; that many of the steps taken will require Commission action; that the Commission will be kept informed as the process moves forward; that the Administration recommends initiating the process of establishing an anchorage at the Bayfront. Commissioner Quillin referred to a map indicating the proposed anchorage and stated that the proposed protected anchorage should extend all the way around Marina Jack. Mr. Schneider stated that the anchorage will extend further around Marina Jack; that the map is not large enough to display the entire proposed anchorage. Commissioner Quillin stated that the entire inlet area should be part of the protected anchorage extending to Hudson Bayou. Mr. Schneider agreed. Vice Mayor Palmer stated that the map does not depict the protected anchorage extending to the Marie Selby Botanical Gardens (Selby Gardens) area which is a concern. Mr. Schneider stated that FDEP cautioned Selby Gardens may have some riparian rights; that tentative discussions have been held with Selby Gardens, which is anxious to have an anchorage established since customers will be able to enjoy the view; that Selby Gardens solidly supports the concept. Commissioner Servian referred to the list of items generally required by FDEP for a lease application for a mooring field on sovereign submerged lands included in the Agenda backup material indicating the following: 3. Provide a detailed statement describing the existing and proposed activities located at the project site. This statement must include a description of docks and piers, types of vessels (e.g., commercial fishing, liveaboards, cruise ships, tour boats) Commissioner Servian continued that the question of liveaboards should be addressed. Mr. Schneider stated that the consultant would prepare an operational handbook detailing all issues, including all rules; that the process is integrated and involves the submerged lands lease, the operations handbook, and the anchorage rules. Commissioner Servian stated that establishing the anchorage is supported; that the anchorage will beautify the Bayfront area as well as ensure the type of desired activity; that the anchorage would please residents on the Bayfront. Vice Mayor Palmer stated that a number of people have raised concerns and issues regarding the establishment of an anchorage and asked if the consultant will hold a public forum? BOOK 52 Page 24070 10/07/02 6:00 P.M. BOOK 52 Page 24071 10/07/02 6:00 P.M. Mr. Schneider stated that the consultant can hold a public forum regarding any issues concerning the anchorage; that the primary issues raised in the past including affordability of the anchorage and the establishment of rules will be addressed and satisfied through the submerged lands lease process; that FDEP requires affordability and establishment of rules for the anchorage; that a regulatory framework to address issues raised exists within the approval process; that a public input component will be built into the process. Vice Mayor Palmer stated that the project should include public input from the beginning and not after the project is completed. Mr. Schneider indicated the first step is the development of an RFP which would be brought to the Commission for approval; that the RFP could be changed if not satistactory. Vice Mayor Palmer stated that public input can be received at the time the RFP is brought to the Commission. Commissioner Quillin referred to the contract between the Town of Fort Myers Beach and a consultant hired to implement a harbor action plan included in the Agenda backup material and asked the approximate cost of the project in addition to the $200 processing fee? Mr. Schneider stated that Fort Myers Beach had a $30,000 consulting contract to negotiate the lease agreement and a $14,200 contract for actual construction of the mooring field. Commission Quillin stated that the understanding is the anchorage cannot generate a profit. Mr. Schneider stated that the anchorage cannot generate an operating profit. Commissioner Quillin stated that a deficit is possible depending on the number of moorings constructed. Mr. Schneider stated that a deficit is possible but less likely than anticipated three or four years ago; that the Commission will be provided with the best possible business proposal. Commission Quillin stated that the anchorage area will be managed which is a better alternative than currently exists. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to authorize the Administration to initiate the process of establishing an anchorage at the Bayfront. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 19. NEW BUSINESS: ADOPTION RE: : PROPOSED RESOLUTION NO. 02R-1538, CERTIFYING THE HOUSING INITIATIVE PROGRAM OF THE GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORPORATION IS CONSISTENT WITH THE SARASOTA CITY PLAN AND THE CITY OF SARASOTA ZONING CODE (2002); ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM VIII-1) CD 10:05 through 10:10 Karen Hartman, Director of Downtown Redevelopment, came before the Commission and stated that Staff recommends adopting Resolution No. 02R-1538 which is to certify a housing initiative project proposed by the Greater Newtown Community Redevelopment Corporation is consistent with City's Comprehensive Plan; that the Greater Newtown Community Redevelopment Corporation application proposes a project including townhouses and town-villa residential units for construction along Dr. Martin Luther King, Jr. (MLK), Way between the intersection of Orange Avenue and Dr. MLK Way; that Greater Newtown Community Redevelopment Corporation is interested in being eligible for the Community Contribution Tax Credit Program; that City funding is not being committed nor is the project being approved at the present time; that the Commission is adopting a resolution which indicates the project is consistent with the City's Comprehensive Plan; that approval of the resolution will allow Staff to submit the project to the Office of Trade, Tourism and Economic Development for the Community Contribution Tax Credit Program; that the project was approved at the September 3, 2002, Enterprise Zone Agency Board meeting. Mayor Mason referred to the explanation on the Agenda request form as follows: residential units to be constructed along Dr. Martin Luther King, Jr., Way between the intersection of Orange Avenue and Cocoanut Avenue. Mayor Mason stated that Orange Avenue and Cocoanut Avenue do not intersect; that the project will be located on Dr. MLK Way between Orange and Cocoanut Avenues. Ms. Hartman agreed. BOOK 52 Page 24072 10/07/02 6:00 P.M. BOOK 52 Page 24073 10/07/02 6:00 P.M. Mayor Mason asked for clarification of the resolution. Ms. Hartman stated that the Community Contribution Tax Credit Program application submitted to the Office of Trade, Tourism and Economic Development must include a resolution adopted by the governing body indicating the proposed project is consistent with the City's Comprehensive Plan; that the Community Contribution Tax Credit Program is a tax incentive program available in an Enterprise Zone. City Manager McNees stated that the resolution simply indicates the project is consistent with the City's Comprehensive Plan; that the Office of Trade, Tourism and Economic Development requires the consistency finding be in the form of a resolution adopted by the Commission. Commissioner Quillin asked if the Enterprise Zone Agency Board determined the proposed project is consistent with the City's Comprehensive Plan. Mayor Mason stated that the Enterprise Zone Agency Board does not have responsibility for finding the proposed project consistent with the City's Comprehensive Plan and did not make a determination concerning consistency with the City's Comprehensive Plan. Commissioner Quillin stated that the Commission must make the finding of consistency with the City's Comprehensive Plan. Ms. Hartman stated that is correct. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1538 in its entirety. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 02R-1538. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes; Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. 20. NEW BUSINESS: ADOPTION RE: : PROPOSED RESOLUTION NO. 02R-1541, TO GRANT GOVERNMENT (G) ZONE WAIVER APPLICATION NO. 02-GZW-06 REGARDING THREE WAIVERS APPLICABLE TO PROPERTY COMMONLY KNOWN AS MARINA JACK, LOCATED AT TWO MARINA PLAZA, OWNED BY THE CITY OF SARASOTA AND LEASED TO JACK GRAHAM, INC.; SAID PROPERTY BEING LOCATED IN THE GOVERNMENTAL USE (G) ZONE DISTRICT; SAID WAIVERS CONSISTING OF: (A) A WAIVER OF 25 FEET FROM THE 30 FOOT WATERFRONT SETBACK ON THE NORTHERN BOUNDARY OF THE PROJECT SITE TO ENABLE A 185 SQUARE FOOT EXPANSION OF THE DOCK MASTER'S OFFICE LOCATED AT THE NORTHWEST CORNER OF THE FACILITY; (B) A WAIVER OF 12 FEET FROM THE 30 FOOT WATERFRONT SETBACK ON THE WESTERN BOUNDARY ALSO APPLICABLE TO THE PROPOSED EXPANSION OF THE DOCK MASTER'S OFFICE AND (C) A WAIVER OF 20 FEET FROM THE 30 FOOT REQUIRED WATERFRONT SETBACK ON THE NORTHERN BOUNDARY OF THE FACILITY TO ENABLE A 625 SQUARE FOOT ENCLOSURE OF AN EXISTING BREEZEWAY AREA; SETTING FORTH TERMS AND CONDITIONS FOR THE THREE G ZONE WAIVERS ; ETC. (TITLE ONLY) (APPLICATION NO. 02-GZW-06, APPLICANT BRUCE FRANKLIN, / AS AGENT REPRESENTING JACK GRAHAM, INC.) ADOPTED AND APPROVAL RE: : PROPOSED EXPANSION OF THE DOCK MASTER' S OFFICE AND PROPOSED ENCLOSURE OF THE BREEZEWAY FOR RETAIL/OFFICE SPACE AT THE MARINA JACK FACILITY AS PROPOSED BY GOVERNMENT (G) ZONE WAIVER APPLICATION NO. 02-GZW-06 BRUCE FRANKLIN, / AS AGENT REPRESENTING JACK GRAHAM, INC. = APPROVED (AGENDA ITEM VIII-2) CD 10:10 through 10:16 Allen Parsons, Senior Planner II, Planning Department, and Bruce Franklin, President of LRS Land Resource Strategies, Inc. (LRS), representing Marina Jack, and Jack Graham, Inc., came before the Commission. Mr. Parsons stated that Governmental Use (G) Zone Waiver Application No. 02-GZW-06 as incorporated in proposed Resolution No. 02R-1541 is to approve waivers from the development standards applicable to front and waterfront yard setbacks for proposed improvements to the Dock Master's office and enclosure of the 625 square foot breezeway for retail/office use at the Marina Jack facility as follows: 1. Waivers to allow construction of a proposed 185 square foot expansion of the existing Dock Master's office located at the northwest corner of the facility BOOK 52 Page 24074 10/07/02 6:00 P.M. BOOK 52 Page 24075 10/07/02 6:00 P.M. including a waiver of 25 feet from the 30 foot waterfront setback on the northern boundary of the project site and a waiver of 12 feet from the 30 foot waterfront setback on the western boundary of the site; and 2. A waiver of 20 feet from the 30 foot required waterfront setback on the northern boundary of the project site to allow a construction of a 625 square foot enclosure of the existing breezeway to enable retail/office use. Mr. Parsons continued that at its September 18, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found G Zone Waiver Application No. 02-GZW-06 as incorporated in Resolution No. 02R-1541 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the standards for review set forth in Section IV-1706(B), Zoning Code (2002 Ed.); that the PBLP recommended approval subject to the following conditions: a. The three G zone waivers described in Application 02- GZW-06 shall conform in all respects to the description thereof set forth in the supporting materials presented or stated to the Planning Board which are on file in the Planning Department. b. An administrative site plan approval for the construction of the 185 square foot expansion of the Dock master's office and enclosure of 625 square feet of breezeway for retail/office use is required. C. Approval by the City Commission in its capacity as landlord under the Lease Agreement between the City of Sarasota and Jack Graham, Inc., of the construction of a 185 square foot expansion of the Dock Master's office and enclosure of 625 square feet of breezeway for retail/office use. Mr. Parsons further stated that the Administration recommends a motion to adopt proposed Resolution No. 02R-1541. Mr. Franklin referred to computer-generated slides of the existing structure displayed on the Chamber monitors throughout the presentation and stated that the proposed expansion of the breezeway enclosure to the Dock Master's office will not extend beyond the existing roof line; that the roof line does not meet the current waterfront setback sO the space is being enclosed for use as an additional banquet room and administrative office; that two setback waivers are associated with the Dock Master's office; that the Dock Master's window will be expanded since the visual access is poor; that better visual access will be provided to the south and north sides of the marina; that the expansion will occur underneath the existing roof line which is already encroaching within the setback. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1541 by title only. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to adopt Resolution No. 02R-1541. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yesi Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to approve the proposed expansion of the Dock Master's office and enclosure of the breezeway as proposed by G Zone Waiver Application 02-GZW-06. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. 21. BOARD APPOINTMENTS: APPOINTMENT RE: : CITIZENS WITH DISABILITIES ADVISORY BOARD - APPOINTED JOSEPH MILLER (AGENDA ITEM IX-1) CD 10:15 through 10:17 City Auditor and Clerk Robinson stated that a vacancy exists on the Citizens with Disabilities Advisory Board due to the death of James Spreitzer; that one application for the vacancy has been received. Commissioner Quillin nominated Joseph Miller and stated that his appointment would result in representation from each of the City's voting districts; that the interest of Mr. Miller is pleasing. Mayor Mason stated that Mr. Miller has excellent qualifications and called for the vote on the nominations. BOOK 52 Page 24076 10/07/02 6:00 P.M. BOOK 52 Page 24077 10/07/02 6:00 P.M. Joseph Miller received five votes: Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Mayor Mason announced the appointment of Joseph Miller to the Citizens with Disabilities Advisory Board 22. COMMISSION BOARD AND COMMITIEE REPORTS (AGENDA ITEM IX) CD 10:17 through 10:45 COMMISSIONER SERVIAN: A. stated that the subcommittee of the Economic Development Board on which she serves is charged with recommending the consultant to update Sarasota County's Economic Development Plan; that the subcommittee evaluated 13 responses to the County's Request for Proposal for consulting services; that the selection was narrowed to three organizations, which will be invited to make a presentation to the Economic Development Board on October 11, 2002, at which time the first rated response will be selected; that all three finalists have a local representative on the consultant team; that having a local representative on the consultant team will be a benefit as significant public input will be received; that the Commission will be kept informed of the progress. VICE MAYOR PALMER: A. stated that the Tourist Development Council received a presentation concerning the future direction the community should take regarding tourism; that the suggested siting for a proposed conference center was discussed; that three locations were suggested, the site of the Sarasota County Fairgrounds (Fairgrounds) on Fruitville Road, a location in the vicinity of the Bayfront and Downtown, or a location near the Sarasota/Bradenton International Airport; that a previous study indicated the Fairgrounds is not an appropriate site; that the discussions will continue and the Commission kept informed. B. stated that the dinner sponsored by the Manasota League of Cities is scheduled for October 9, 2002; that the hope is all the Commissioners will attend; that the guest speaker will be Lisa Carlton, State Senator, District 24; that 50 to 60 people will be in attendance. COMMISSIONER QUILLIN: A. stated that that improvements planned for the intersection of US 301 and University Parkway, which have been the subject of public meetings for the past six or seven years, were discussed at a recent meeting of the Sarasota/Manatee Metropolitan Planning Organization (MPO); that previous discussions included the possibility of constructing a cloverleaf traffic access at the intersection; however, the cost for a cloverleaf is currently estimated at $30 million; that the MPO has committed all available project funding; that additional project funding is not available; that the Sarasota/Bradenton International Airport (Airport) received a $1.6 million grant to study the required intersection improvements; however, the decision was adequate funding was not available; that the improvements have been approved by Manatee County and will be presented to Sarasota County for approval on October 8, 2002; that a suggestion was to approach the City for funding; however, City taxpayers are also County taxpayers; therefore, additional City funding should not be required if County funding is provided; that the congestion at the intersection has reached crisis proportions due in some degree to development projects near the Airport, some of which are in the City; that City impact fees generated from the development projects could be utilized for intersection improvements; that the roadway from the intersection to the Airport is in relatively good shape; however, DeSoto Road, which serves as a cut-through for traffic, is in bad shape and should be improved. C. stated that Michael Wallwork, P.E., Principal, Transportation Engineer, Alternate Street Design, P.A., provided a presentation concerning roundabouts to the MPO; that some proposed sites for roundabouts in the area are obvious; that other proposed sites must be reviewed and evaluated; that one upcoming project involves road improvements at US 301 and Mound Street/US 41, which could be considered for a roundabout to keep BOOK 52 Page 24078 10/07/02 6:00 P.M. BOOK 52 Page 24079 10/07/02 6:00 P.M. traffic moving; that the project should be returned to the consultant to consider the possibility of constructing a roundabout; that the intersection at Osprey Avenue and Hillview Street is considered an obvious site for a roundabout, which should be reviewed by Staff; that construction of a roundabout could be an enhancement to and help business in the area as well as benefit Sarasota Memorial Hospital and the surrounding neighborhoods which experience cut-through traffic; that moving traffic at the intersection could help reduce neighborhood cut-through traffic. D. stated that the Secretary of the Florida Department of Transportation advised the MPO the reduction in funding for transportation projects may not be as severe as originally anticipated. 23. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) CD 10:18 through 10:51 COMMISSIONER SERVIAN: A. stated that a number of speakers spoke of concerns regarding weekend activities at Gillespie Park during Citizens' Input; that Staff will advise as to possible enforcement options to provide the neighbors relief; that a real estate open house in the vicinity was personally attended on a recent Sunday; that the activities associated with the free medical services provided by "Doc in the Park" were relatively unobtrusive; however, approximately 150 people were also utilizing the pavilion at Gillespie Park, resulting in a loud, revival-type setting; that no neighborhood residents were utilizing Gillespie Park; that allowing the weekend activities to continue in Gillespie Park is not fair to the neighborhood; that the Administration is working on a proposed ordinance to regulate activities in public parks; however, any currently approved City regulations should be enforced. Mayor Mason agreed. City Attorney Taylor stated that Staff discussed the enforcement aspect raised by the weekend activities at Gillespie Park, will actively conduct investigations, and will undertake any enforcement action necessary; that some issues concerning the possible exercise of religious activities and free speech may have resulted in some paralysis but should not have stopped code enforcement; that the question is if uses not allowed by the Zoning Code (2002 Ed.), i.e., business uses, are occurring, which should be addressed; that recommendations concerning possible ordinances will be presented at the October 21, 2002, Regular Commission meeting; that the relevant law is being researched; that a report has been completed and will be distributed to the Commission in the near future. Mayor Mason referred to a recent letter from Frank Burns, M.D., Medical Director, Sarasota Memorial Hospital Community Medical Clinic and stated that the letter was personally requested to clarify the weekend activities at Gillespie Park; that the activities of Gifts from God Ministries (Gifts from God) and the medical services provided by the "Doc in the Park" are commendable but should not be conducted in Gillespie Park; that the wrong message is being sent to other social service agencies; that a dangerous precedent is being established. Commissioner Servian stated that the "Doc in the Park" could utilize the parking lot at City Hall, which is in the heart of Downtown, on Sundays if no other location is available. Commissioner Quillin stated that a Police substation is located near Gillespie Park; that other locations are available for the "Doc in the Park.' 17 Commissioner Servian stated that no one from the Police substation was at Gillespie Park on October 6, 2002. Commissioner Quillin stated that someone from the Police substation should be in attendance as the weekend activities at Gillespie Park have been an on-going problem. Commissioner Servian stated that the "Doc in the Park" has been allowed to operate in Gillespie Park for over a year; therefore, an alternative City-owned location should be identified at least on a temporary basis. Vice Mayor Palmer stated that the concern regarding the weekend activities at Gillespie Park has previously been referred to the Administration; that the City Attorney's Office will be presenting proposed ordinances for the Commission's consideration; that the City Manager has had discussions with the groups involved and will BOOK 52 Page 24080 10/07/02 6:00 P.M. BOOK 52 Page 24081 10/07/02 6:00 P.M. be presenting a report in the near future; that the entire Commission concurs regarding the existence of a problem, which has been referred to the Administration for a response hopefully at the October 21, 2002, Regular Commission meeting. Commissioner Quillin referred to a document printed from the internet concerning the "Doc in the Park" and stated that the document is a commercial advertisement with times and dates, which is not pleasing; that the sponsor should have approached the City for assistance in providing the service; that the sponsor is not a revival group which is providing assistance but rather is advertising commercial use of a public park; that regulations should be available to serve notice Gillespie Park is public space and the sponsor should cease and desist until in compliance with governing regulations; that the existence of the "Doc in the Park" document on the internet was not previously known; that the sponsor should have contacted the City to use the Police substation, which has facilities including restroom facilities; that medical services should be provided at the Police substation or another appropriate facility for the safety of the community. Commissioner Martin stated that the Commission has prefaced remarks by indicating the provision of the social services is good but not in the established location; that the effort should be dual pronged: 1) policing and enforcement and 2) proactively taking steps to identify a suitable location at which the service can be provided. Commissioner Quillin stated that the sponsor can purchase property on which to provide the service and become part of the community; that all other social service agencies have purchased property. Commissioner Martin stated that the Commission could by consensus direct the Administration to pursue policing and enforcement as well as creating partnerships to identify a suitable location to provide the services in a manner which is not detrimental to neighborhoods, remains sensitive to the needs of members of the community, and recognizes many selfless individuals are willing to provide the necessary social services; that Commission support for the two-pronged approach is requested. Commissioner Quillin stated that the policing and enforcement is supported; however, donating the use of public land is not supported; that the organizations can purchase property like the other social service agencies in the community. Commissioner Martin stated that use of public land was not mentioned. Mayor Mason stated that a mention of the use of public land was not heard and asked if the Administration is clear concerning the Commission's direction? City Manager McNees stated that the actions being directed by the Commission are currently being undertaken; that an assurance the Commission does not wish to change the current direction is requested. Mayor Mason stated that no change in direction is suggested. VICE MAYOR PALMER: A. stated that the ManaSota League of Cities is hosting a forum for the candidates running for the State Legislature and the US Congressional seat will be held from 9 a.m. to 12 noon, October 10, 2002, in the Chambers; that candidates will be asked specifically about City and County issues. Commissioner Quillin asked if the meeting will be broadcast or recorded? Vice Mayor Palmer stated the meeting will not be broadcast but could be recorded. B. displayed a photograph of Main Street from 1925 which depicted a billboard sign advertising Muck Palmer's celery farm and a sign for Martin's Restaurant as an earlier humorous example of a Palmer/Martin coalition which continues to the present day. COMMISSIONER MARTIN: A. stated that a trip to the City of Chattanooga, Tennessee, was recently taken with the Vice Mayor and City Manager as well as representatives of Sarasota and Manatee Counties, Sarasota County Area Transit (SCAT), the Transportation Management Organization, and the architect who will be designing the SCAT Transfer Facility to view Chattanooga's trolley and transportation system; that Chattanooga's story and accomplishments during the past ten years are BOOK 52 Page 24082 10/07/02 6:00 P.M. BOOK 52 Page 24083 10/07/02 6:00 P.M. remarkable; that a good understanding of the transit system and the electric trolley shuttle system was provided in the 36 hours of the trip's duration; that the trolleys are produced locally; that the manufacturing facility was toured; that the waterfront restoration in Chattanooga is resulting in a remarkable jewel of a parks system; that Chattanooga has a design center which is a collaborative effort between the City and the County; that the collaborative effort was heartening; that information was collected; that a report can be provided; that the national Neighborhood Conference will be held in Chattanooga in May 2003, providing an opportunity for Commissioners to visit Chattanooga if desired; that a tour of Chattanooga is recommended; that all the solutions do not fit the City of Sarasota; however, many solutions could be tailored to the City. Vice Mayor Palmer stated that the private sector involvement in Chattanooga's efforts is extraordinary; that much of the accomplishments have been totally utilizing private contributions with no cost to the City; that Chattanooga's aquarium and the new baseball field were completely funded by the private sector; that Chattanooga has a number of private foundations as well as major businesses in the area, many of which contribute to public endeavors; that 40,000 to 45,000 people work in Chattanooga's Downtown; that Chattanooga is making efforts to bring more residential uses into the Downtown; that differences exist between the Cities of Chattanooga and Sarasota; however, much can be learned; that the trip was extraordinary; that the hope is the other Commissioners will have an opportunity to visit Chattanooga. Commissioner Martin stated that Chattanooga has made an art of the development of public/private partnerships; that the Executive Director of The Chattanooga Institute for Sustainable Development indicates nothing should be done solely by the public sector and nothing should be done solely by the private sector; that the private sector is inventive, creative, and has an entrepreneurial spirit; that the public sector has an awareness of the common good and the long term public benefit; that both the private and public sectors have good qualities; that the motto of the aquarium as follows is indicative of Chattanooga's efforts: Look beyond the surface. See beyond the edge. Commissioner Martin continued that the aquarium's motto tells the story; that all segments of the community have joined in the effort; that the housing initiative in Chattanooga is known nationwide; that more affordable, low-income, and infill housing has been provided than in Chicago, Illinois, or New York City; that 6,000 of the 65,000 affordable housing units in Chattanooga have been provided during the last ten years. B. stated that the HOPE (Housing Opportunities for People Everywhere) VI public housing project in Bradenton, Florida, was recently visited; that the project is beautiful; that significant time was spent with community and supportive services of the organization; that community and supportive services has developed a model program in working with former tenants who were displaced as well as current and prospective tenants; that the Commission does not control the Sarasota Housing Authority (SHA); that implementation of any HOPE VI grant received by the SHA would not be under the entire control of the Commission; that nevertheless, much was learned regardless of the City's receipt of the HOPE VI grant or other SHA projects; that the proposed redevelopment office for the Newtown community can provide significant community and supportive services, which is currently being done for the Bradenton public housing project; that businesses in the Bradenton area are being incubated; that credit advice is being provided; that assistance is available for people beginning small businesses; that the program is tenant driven; that the program is impressive; that a professor at New College is an evaluator of the project for the Department of Housing and Urban Development (HUD); that the evaluation of the community and supportive services program has captured HUD's attention; that HUD is utilizing the program as the model for all HOPE VI projects throughout the Country; that any opportunity to visit the project should be taken; that the hope is the project is a miracle in the making. C. stated that the upcoming referendum concerning non discrimination and any resulting enforcement ordinances have been the subject of significant community discussion; that the SOAR (Sarasota Openly Addresses Racism) effort resulted in the establishment of a subcommittee to consider the possibility of a human BOOK 52 Page 24084 10/07/02 6:00 P.M. BOOK 52 Page 24085 10/07/02 6:00 P.M. rights commission; that the individuals involved in the subcommittee are interested in conducting a forum to discuss a human rights ordinance, a human rights board, etc.; that the Chair and some of the Commissioners of the State's Human Relations Commission, a representative of HUD involved in fair housing, and a representative of the US Department of Justice who deals with civil rights issues have indicated a willingness to participate in a forum and talk about the efforts of other communities; that October 24, 2002, has been tentatively set as the date for the forum; that SCOPE (Sarasota County Openly Plans for Excellence) is willing to facilitate the forum at the SCOPE facility which can accommodate 50 to 60 people; that the activities center at the Marie Selby Botanical Gardens (Selby) was also offered at a meeting site; that the hope is the forum will be a successi that the Editorial Board of the Sarasota Herald-Tribune is willing to provide publicity once the arrangements are finalized; that the Commission is requested to advise as to any suggestions or recommendations. Commissioner Quillin asked if the forum will be videotaped? Commissioner Martin stated that the Chambers is available; however, most people interested indicate the forum should be held outside of City Hall, which is a good idea; that the meeting could be videotaped at either the Selby activities center or the SCOPE facility; that the quality of the videotape may not be as good as in the Chambers; that the forum will be sponsored by SOAR, for which the Commission has previously approved funding; that Staff indicated assistance with press releases and logistics can be provided. Commissioner Quillin stated that the forum is exciting, particularly scheduled sO close to the voters' decision concerning the City's upcoming referendum; that broadcasting the forum to help people understand the referendum is more than a single-issue decision would be wonderful; that the anticipation is one issue will dominate the discussion concerning the referendum; that the concern is much larger than just one issue. Commissioner Martin stated that the effort of the SOAR subcommittee is a source of pride. Mayor Mason stated that Commissioner Martin's efforts are also appreciated. COMMISSIONER QUILLIN: A. stated that information concerning transit systems is gathered during every trip to other locations; that for example, Pittsburg, Pennsylvania, does not have adequate Downtown housing; therefore, the subways and buses in the Downtown area of Pittsburg are free; however, a fare is charged outside of the Downtown area; that creative solutions can be found for the City of Sarasota's trolley system; that some funding for the transit system in the Pittsburg area is provided by corporate and Downtown business sponsorsi that the hope is the Transportation Management Organization will develop some creative ideas for the City's trolley and transit system. B. stated that the alternative plans of the Sarasota Housing Authority in the event the HOPE VI grant is not obtained should be determined; that photographs were taken of the units at the Janie Poe public housing complex at the time of her election to the Commission; that people are living in substandard housing which is detrimental to the health and welfare of the residents; that the conditions are terrible; that the SHA should advise of alternative plans if HOPE VI is not sought; that the citizens' interests should be protected; that the photographs indicate deplorable conditions and are still available for viewing if desired; that HOPE VI projects have been seen in numerous other locations; that obtaining a HOPE VI grant has been a key element in the empowerment of other communities to accomplish affordable housing; that personal efforts to involve and empower the SHA tenants have continued since the early 1990s; that neighborhood watches and tenants' associations were established; that SHA management has taken steps to assure the residents do not become organized, which should stop; that SHA residents should receive the benefit of full Commission representation; that positive actions should happen at the SHA without waiting another year. BOOK 52 Page 24086 10/07/02 6:00 P.M. BOOK 52 Page 24087 10/07/02 6:00 P.M. C. referred to an October 7, 2002, article in the Sarasota Herald-Tribune entitled "Humble beginnings of the City of Sarasota" concerning the City's history and 100th Year Anniversary Celebration; and that the Sarasota Herald-Tribune will publish similar articles in the future and intends to publish a special section concerning the history of the Town and City of Sarasota. 24. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) CD 10:51 through 10:54 CITY MANAGER MCNEES: A. stated that the US Congress is considering energy and water development appropriations; that one of the Commission's legislative priorities is obtaining approval for $300,000 in funding for Lido Key beach renourishment; that Congressional consideration of the funding is being delayed along with other energy and water development appropriations; that a letter is being developed for the Mayor's signature urging approval of the appropriation. B. stated that the trip to Chattanooga, Tennessee, to view the transit system was excellent; that Chattanooga is proud of the private/public partnerships developed; that a review of the Commission's current Agenda includes discussion of a number of private/public partnerships including the Farmers Market, the development of a mooring field, a fireworks display at the Van Wezel Performing Arts Hall (VWPAH) involving PCL Constructors, Inc., the VWPAH operation which has a number of corporate sponsors, waivers of requirements for Marina Jacks in the G Zone District, and historic preservation; that each of the items represents a useful private/public partnership in the City; that the Commission in the City of Sarasota is also taking positive steps in terms of private/public partnerships. 25. ADJOURN (AGENDA ITEM XII) CD 10:54 There being no further business, Mayor Mason adjourned the Regular meeting of October 7, 2002, at 10:54 p.m. AG Cadlhey CAROLYN J. MASON, MAYOR ATTEST: B CE Robenson BILLY/E: CROBINSON, CITY AUDITOR AND CLERK BOOK 52 Page 24088 10/07/02 6:00 P.M.