MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 20, 2001, AT 6:00 P.M. PRESENT: Mayor Albert F. Hogle, Vice Mayor Carolyn J. Mason, Commissioners Richard F. Martin, Lou Ann R. Palmer, and Mary J. Quillin, Deputy City Manager V. Peter Schneider, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: City Manager David R. Sollenberger PRESIDING: Mayor Hogle The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:04 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: CEREMONIAL CHECK IN THE AMOUNT OF $200,000 FROM THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM - ACCEPTED CHECK FOR $200,000 #1 (0020) through (0125) Mayor Hogle requested that Donna Clarke, State House of Representatives, District 69, Nancy Detert, State House of Representatives, District 70, Angie Brewer, Angie Brewer and Associates, and Jennifer Wilson, Park East Community Association, join him before the Commission. Representative Detert stated that funds can be brought back from Tallahassee; that a check for $200,000 from the Department of Environmental Protection for the purchase of a park in the Park East Neighborhood will be presented on behalf of the local legislative delegation including Representative Clarke, Lisa Carlton, State Senator, District 24, and John McKay, State Senator, District 26; and extended congratulations. Representative Clarke stated that the $200,000 requires local matching funds, which involves a commitment from the local government; that obtaining grants requiring local matching funds provides the ability to continue to obtain State funds in a tight budget year; that she was recently appointed to the General Government Appropriations Committee;. that with. the strength and tenacity of the local legislative delegation, the hope is to continue to bring home equal if not greater State funds to the City in future years. BOOK 50 Page 21716 08/20/01 6:00 P.M. BOOK 50 Page 21717 08/20/01 6:00 P.M. Ms. Wilson stated that the $200,000 check is appreciated. Representatives Clarke and Detert presented Mayor Hogle a ceremonial check in the amount of $200,000. 2. PRESENTATION RE: PROCLAIMING THE WEEK OF AUGUST 20 THROUGH AUGUST 27, 2001, AS FLOOD AWARENESS WEEK IN THE CITY - PROCLAIMED AUGUST 20 THROUGH 27, 2001, AS FLOOD AWARENESS WEEK IN THE CITY #1 (0125) through (0240) Mayor Hogle requested that Timothy Lichet, Director of Building, Zoning and Code Enforcement, join him before the Commission. Mr. Litchet stated that as part of the City's efforts to make the public aware of the upcoming hurricane season, the City, the Federal Emergency Management Agency (FEMA), and the Community Rating System (CRS), a local program, will have representatives at the Potter Building, Sarasota Fairgrounds on August 25, 2001, from 10 a.m. to 6 p.m. for a Hurricane Preparedness Expo; that staff of FEMA, the Forestry Division, Animal Services, the Red Cross, and the Canine Volunteer Rescue Team will be available to provide citizens with advice concerning hurricane preparedness; that door prizes including weather radios and disaster supply kits will be offered to encourage the public to participate; that vendor booths will also be available with samples of hurricane shutters and other items to protect property; that free giveaways such as rain gauges and trees will be provided; that the Commission is requested to proclaim August 20 through 27, 2001, as Flood Awareness Week in the City. Mayor Hogle read in its entirety the Proclamation declaring August 20 through August 27, 2001, Flood Awareness Week in the City and presented the proclamation to Mr. Litchet. 2. PRESENTATION RE: MAYOR'S CITATION TO RICHARD LOBO FOR HIS SUPPORT OFFERED TO THE SARASOTA OPENLY ADDRESSES RACISM (SOAR) SYMPOSIUM #1 (0240) through (0380) Mayor Hogle requested that Vice Mayor Mason join him for the presentation and Caren and Richard Lobo join him before the Commission; read in its entirety the Mayor's Citation recognizing Richard Lobo, owner of Sarasota News and Books on Main Street, for his support offered during the Sarasota Openly Addresses Racism (SOAR) Symposium to donate a - section of Sarasota News and Books to literature concerning racism and.t to give a 10 percent discount off the purchase price of books and other printed material concerning racism; stated that his commitment in advancing SOAR's objectives of facilitating interaction and dialogue to lay the foundation for action and of considering the impact of racism on the institutions of education, health care, and the media is appreciated; and presented the Mayor's Citation to Mr. and Mrs. Lobo. Vice Mayor Mason stated that early in the SOAR Symposium, Mr. Lobo made a commitment which speaks volumes about his character; that Mr. Lobo made the commitment to support SOAR approximately one hour into the SOAR Symposium; that following the commitment, follow through was immediate; that Drug Free Communities has begun a library for the public to use at their leisure; that Mr. and Mrs. Lobo are personally thanked on behalf of the Commission. Mr. Lobo stated that being a part of SOAR is a source of pride; that participating in the selection of the books were the people of SOAR as well as staff and management of Sarasota News and Books; that the books are located in a prominent spot in the bookstore under a sign prepared by SOAR; that he had a wonderful, life-altering experience at the SOAR Workshop. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0380) through (0430) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add Consent Agenda No. 1, Item No. III-A-15, Approval Re: Hiring of Robert L. Trohn as Special Legal Counsel in the matter of the Van Wezel Project dispute with Taliesin Architects, Ltd., per the request of City Attorney Taylor. B. Add Unfinished Business, Item No. VI-2, Adoption Re: Proposed Resolution No. 01R-1398, amending Resolution No. O0R-1304 by extending to January 31, 2002, a twelve (12) month self-imposed moratorium by which the City of Sarasota will not process any new applications for voluntary annexation in which the subject property is 25 acres in size or larger; etc., per the request of City Auditor and Clerk Robinson BOOK 50 Page 21718 08/20/01 6:00 P.M. BOOK 50 Page 21719 08/20/01 6:00 P.M. C. Add Unfinished Business, Item No. VI-3, Approval Re: Authorize the City Attorney and City Auditor and Clerk to finalize the new City Manager contract, per the request of Human Resources Director Campbell On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yesi Quillin, yes; Hogle, yes. 4. APPROVAL RE : MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JULY 30 AND AUGUST 1, 2001, AND THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 6, 2001 APPROVED (AGENDA ITEM I-1, -2, -3) #1 (0430) through (0445) Mayor Hogle asked if the Commission had any changes to the minutes? Mayor Hogle stated that hearing no changes, the minutes of the July 30 and August 1, 2001, Special and August 6, 2001, Regular Commission meetings are approved by unanimous consent. 5. BOARD ACTIONS RE: REPORT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD MEETING OF JULY 20, 2001 - DIRECTED THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO AUTHORIZE REDUCING THE CITIZENS WITH DISABILITIES ADVISORY BOARD FROM SEVEN TO FIVE MEMBERS AND RECEIVED REPORT (AGENDA ITEM II) #1 (0445) through (0505) Mary Ciner, Chair of the Citizens with Disabilities Advisory Board, and Duane Mountain, Capital Projects Manager, Public Works Department, came before the Commission. Ms. Ciner presented the following item from the July 20, 2001, meeting of the Citizens with Disabilities Advisory Board: Reducing the Citizens with Disabilities Advisory Board from seven to five members Ms. Ciner stated that at the July 20, 2001, meeting, the Citizens with Disabilities Advisory Board voted to reduce the Board to five members with three members constituting a quorum; that keeping the Board at full complement will be easier with five members; that some Board members expressed concern the Board will have less variety with only five members; however, after discussion, the motion to reduce the Board to five members was approved by a 3-to-1 vote. Mr. Mountain stated that Staff's recommendation is to receive the report; that a motion to instruct the City Attorney to prepare an ordinance to reduce the Citizen's with Disabilities Advisory Board from seven to five members is also requested. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to direct the City Attorney to prepare an ordinance to authorize reducing the Citizens with Disabilities Advisory Board from seven to five members and to receive the report of the July 20, 2001, Citizens with Disabilities Advisory Board meeting. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yesi Hogle, yes. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5,6, 7, 8, 9, 10, 11, 12, 13, 14, AND 15 = APPROVED (AGENDA ITEM III-A) #1 (0505) through (1025) Commissioner Martin requested that Item No. 1 be removed for discussion. Commissioner Quillin requested that Item No. 15 be removed for discussion. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Electrical Construction & Communications, Inc., (Bid #01-61M) in the amount of $385,800 for the Verna Wellfield (Phase 1 and 2) power distribution 3. Approval Re: Retaining of 4th Street name from U.S. 301 west to Gillespie Avenue (one block only) but place a commemorative sign in honor of "Dr. Henry L. Porter Way" 4. Approval Re: Storefront Rehabilitation Policy Guidelines for Community Development Block Grant (CDBG) Funds 5. Approval Re: Security and Utility Deposit Program Guidelines 6. Approval Re: Ratification of new Contract Agreement between the City of Sarasota and the Southwest Florida Police Benevolent Association, Inc. for Permanent Full-Time and Part-Time * Police Officers 1st and 2nd Class Sergeants and Lieutenants, Community Service Aide Supervisors, Community Service Aides and BOOK 50 Page 21720 08/20/01 6:00 P.M. BOOK 50 Page 21721 08/20/01 6:00 P.M. Criminalist I, II, and II dated October 1, 2000 through September 30, 2003 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Gladys M. Elmer, Trustee of the Gladys M. Elmer under Agreement dated September 21, 1973, for water service for property located at 3039 Arlington Street 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Chris Malkin and Peter Kuschinitzky, as tenants in common, for water and sewer service for property located on Hansen Street 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Kevin S. and Marianne C. Oden, as owners, for water and sewer service for property located at 1510 Crocker Street 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Joint Project Agreement between Sarasota County and the City of Sarasota regarding the Bahia Vista Street and Lockwood Ridge Floodplain Reclamation Project 11. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interagency Agreement between the City of Sarasota and the University of Florida for Florida Yards and Neighborhoods Research 12. Report Re: Monthly activities report from the Downtown Association 13. Report Re: Monthly activities report from the Greater Downtown Action Team (GDSAT) 14. Report Re: Monthly report on the activities at the Urbaculture site On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to approve Consent Agenda No. 1, Item Nos. 2,.3 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 1. Approval Re: Set a joint workshop with the City Commission and the Commercial Vehicle Ad Hoc Committee at a date and time to be established by the City Manager and City Auditor and Clerk Commissioner Martin stated that Staff's initial recommendation was for the Commission to hold a joint workshop with the Commercial Vehicle Ad Hoc Committee to determine a future direction; that the change indicated on the revised Agenda Request form received as additional backup material is not to hold the workshop at which only a consensus can be reached but rather to hold a special meeting at which the Commission can take action, as the Committee has been deliberating a long time; that the Commission would just be reconsidering the same issues which have been discussed previously if a workshop were held; that the Commission should proceed to take final action. Mayor Hogle stated that the revised Agenda request form indicated a joint Special meeting should be held with the Commercial Vehicle Ad Hoc Committee. Commissioner Palmer asked the Administration's recommendation? Deputy City Manager Schneider stated that the Administration recommends scheduling a joint special meeting with the Commercial Vehicle Ad Hoc Committee. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve Consent Agenda No. 1, Item No. 1. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 15. Approval Re: Hiring of Robert Trohn as Special Legal Counsel in the matter of the Van Wezel Project dispute with Taliesin Architects, Ltd. Commissioner Quillin stated that the hiring of outside legal counsel regarding the Van Wezel Project was placed on the Agenda by the City Attorney; that the amount of the fees is suprising; that the law firm of Lebin, Tannenbaum, Wolff, Band, Gates, and Pugh Tannenbaum), which is a local firm, contacted her, quoted certain prices and a contingency fee, etc., and was willing to negotiate concerning fees; that the insurance policy carried by Taliesin Architects, Ltd., has a maximum liable recovery of $2 million; that the funds available for recovery from the insurance policy may not be substantial; however, the insurance policy may also pay attorney's fees for the prevailing party; BOOK 50 Page 21722 08/20/01 6:00 P.M. BOOK 50 Page 21723 08/20/01 6:00 P.M. that the City could eventually pay $2 million to attorneys in the litigation; that the City may or may. not prevail in the litigation; that the recommendation concerning hiring a law firm should be sent back for the City Attorney's Office to consider hiring a local law firm. City Attorney Taylor stated that a meeting was held with Alan Tannenbaum of the Tannenbaum law firm regarding the interest in being involved in the Van Wezel case; that the recommendation presented to the Commission was carefully considered; that Staff at the City Attorney's Office did the background work concerning the hiring of special legal counsel; that several law firms in the City provided input and requested consideration for hiring; that many factors went into the decision as to which law firm to recommend; that the Tannenbaum law firm is not believed to have the necessary expertise in the area the City is considering; that the record and experience of the law firm of Gray, Harris, Robinson, Layne, and Trohn (Trohn), particularly Robert Trohn, is impressive; that the associate who will assist in Attorney Trohn's absence also has a pre-eminent level of requisite legal experience; that at least one other associate would assist with the case who also has a high level of experience in construction and contract litigation; that the Trohn law firm has the resources to send key persons to other parts of the country for depositions, etc., to keep up with the demands of the litigation; that the only concern is the location of the law firm in Lakeland, which could result in increased travel costs; however, the Trohn law firm advised no travel time between Sarasota and Lakeland would be associated with the case. City Attorney Taylor continued that based upon all considerations, the recommendation is to approve hiring Robert Trohn of the Trohn law firm as special legal counsel for the litigation involving the Van Wezel Project; that the potential cost is not known; that a special appropriation to fund the costs will be presented to the Commission in the future; that the first step is to hire a law firm; that a cost estimate will be developed and presented; that the Commission may approve or disapprove the hiring of the Trohn law firm; that further interviewing may be necessary if the Commission disapproves; that the Trohn law firm is the first choice. Commissioner Quillin stated that $250,000 is the understood approximate cost and' asked if projected costs can be provided? City Attorney Taylor stated that the approximate cpst is $250,000 to $300,000; that an appropriation for funding will be presented in the future; that estimates will be required prior to presenting the appropriation. Commissioner Martin asked if billing is typically on a hourly or a contingency basis for similar cases? City Attorney Taylor stated that billing at an hourly rate is typical; that contingency billing is generally not preferred by the public; that the percentage paid for contingency billing is typically significant; that input from local firms is welcome; that no personal agenda is present; that recommendation is for a law firm which has all the characteristics believed necessary to take the litigation to a successful conclusion and perhaps continue as special legal counsel; that litigation concerning subcontractors, etc., may develop further as the lawsuit progresses; that the ultimate cost is unknown; that the Trohn law firm has the size and the resources necessary to complete the litigation. Commissioner Palmer stated that the Commission should not determine which legal counsel the City should hire; that the City has asked the City Attorney's Office to examine and negotiate with area law firms and provide a recommendation; that reliance should be placed on the advice of the City Attorney; that the Commission should not make the determination; that the Commission should have faith in the City Attorney and accept the opinion of Staff, unless a major reason is found to do otherwise; that no argument has been made which reduces the faith in the City Attorney's recommendation. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve Consent Agenda No. 1, Item No. 15. Commissioner Martin stated that the City Attorney should make the decision; that the legal research is thorough; that lengthy conversations were held with the City Attorney; that the correct decision has been made. Commissioner Quillin stated that the inability to contact the City Attorney prior to the meeting necessitated pulling the item off the Consent Agenda; that in retrospect, the Commission could have been briefed prior to the Commission meeting by Staff; that the public, if kept uninformed regarding legal costs, will react with the same displeasure as with the litigation concerning the John BOOK 50 Page 21724 08/20/01 6:00 P.M. BOOK 50 Page 21725 08/20/01 6:00 P.M. Ringling Bridge replacement; that excessive spending would be inappropriate publicity for the City; that the Commission should keep in close contact with the City Attorney's Office due to the long-range issues associated with the lawsuit; that additional education would be helpful long term; that the intent was to obtain further input regarding the possibility of utilizing the services of a local law firm. Commissioner Palmer stated that utilizing local businesses and firms to do the City's ousiness is preferred; that Staff research has provided the Commission a recommendation regarding the law firm believed best qualified but which, unfortunately, is not located in the City; that the Commission should follow the recommendations of the City Attorney. Mayor Hogle called for a vote on the motion to approve Consent Agenda No. 1, Item No. 15. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1399) ADOPTED; ; ITEM 2 (RESOLUTION NO. 01R-1400) - ADOPTED; ITEM 3 (ORDINANCE NO. 01-4324) ADOPTED; ITEM 4 (ORDINANCE NO. 01-4325) = ADOPTED, ; ITEM 5 (ORDINANCE NO. 01-4326) - ADOPTED - ADOPTED (AGENDA ITEM III-B) #1 (1025) through (1155) 1. Adoption Re: Proposed Resolution No. 01R-1399 appropriating $45,000 from the Special Law Enforcement Trust fund (Forfeitures) to fund rent, alarm and phone service for a period of one year for the off-site location used by the Vice/Narcotics Unit, etc. 2. Adoption Re: Proposed Resolution No. 01R-1400 appropriating $500 from the unappropriated fund balance of the General Fund to pay the Manasota League of Cities, Inc., membership fee for year beginning September 2001, etc. 3. Adoption Re: Proposed Ordinance No. 01-4324 amending the Comprehensive Plan of the City of Sarasota, Florida (1998 edition) by the adoption of the Small Scale Development Amendment more fully described in Application No. 00-PA-01 filed by AMC Properties, L.L.P.; said Small Scale Development Amendment consists of an amendment to the future land use map to change the future land use classification of a parcel of property from "Community Office/Institutional" to "Community Commercial"? said property being approximately 2.2 acres in size and bounded on the south by 10th street, on the west by Oregon Court, on the north by 11th street and on the east by an 18-foot-wide alley running north/south between Oregon Court and Cocoanut Avenue; stating various findings of fact concerning the adoption of this Small Scale Development Amendment; providing for the severability of the parts hereof (Title Only) Application No. 00-PA-01, Applicant City of Sarasota) 4. Adoption Re: Proposed Ordinance No. 01-4325 amending the Future Land Use Chapter of the Comprehensive Plan of the City of Sarasota (a/k/a The Sarasota City Plan [1998]) to allow mixed use developments on properties classified as Community Commercial and Community Office Institutional and limiting the residential component of the mixed use to a' maximum density of 25 dwelling units per acre in accordance with Comprehensive Plan Amendment Application No. 00-PA-01 as more fully specified herein; repealing ordinances in conflict; providing for the severablilty of the parts hereof (Title Only) (Application No. 00-PA-01, Applicant City of Sarasota) 5. Adoption Re: Proposed Ordinance No. 01-4326 to rezone a t .70 acre site located at the southwest corner of Fruitville Road and Jefferson Avenue from the Single- Family Residential-2 (RSF-2) and Office Park (op) Zone Districts to the Office, Professional Business (OPB) Zone District, as more particularly set forth herein; said property being located at 2494, 2476 and 2462 Fruitville Road (Title Only) (Application No. 01-RE-09, Applicant Shane Saah, as agent for Geraldine Saah, Laurence Scott Proffitt and Shana Proffitt, as owners) City Auditor and Clerk Robinson read proposed Resolution Nos. 01R-1399 and 01R-1400 in their entirety and proposed Ordinance Nos. 01-4324, 01-4325, and 01-4326 by title only. On motion of Vice Mayor Mason and second of Commissioner Martin, it was moved to adopt proposed Resolution Nos. 01R-1399 and 01R- 1400 and proposed Ordinance Nos. 01-4324, 01-4325, and 01-4326. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yesi Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. BOOK 50 Page 21726 08/20/01 6:00 P.M. BOOK 50 Page 21727 08/20/01 6:00 P.M. Mayor Hogle requested that City Auditor and Clerk Robinson explain the public hearing sign-up process.. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak 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. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. Mayor Hogle requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during the quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject propertyi that recommendations for time limits for the quasi-Judicial public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross-examination. 8. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 01-4330, PROVIDING THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING OF FACILITIES IN, ON, ACROSS, ABOVE OR IN ANY MANNER WHATSOEVER USING THE CITY'S PUBLIC RIGHTS-OF-WAY; PROVIDING ASSURANCES THAT THE CITY'S PUBLIC RIGHTS-OF-WAY ARE USED IN THE PUBLIC INTEREST; PROVIDING FOR CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR MUNICIPAL OWNERSHIP OF A TELECOMMUNICATIONS SYSTEM; REPEALING ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING A SAVINGS CLAUSE, i PROVIDING FOR SEVERABILITY; ETC. (TITLE ONLY) PASSED ON FIRST READING AND SCHEDULED SECOND READING FOR SEPTEMBER 4, 2001 (AGENDA ITEM IV-A-1) #1 (1254) through (1600) Mayor Hogle stated that proposed Ordinance No. 01-4330 regulates telecommunications companies utilizing the public rights-of-way. Michael Connolly, Attorney, City Attorney's Office, and Allison Hift, Attorney, Becker & Poliakoff, PA, Special Legal Counsel to the City, came before the Commission. Attorney Connolly stated that the State Legislature recently adopted the Communications Services Tax Simplification Law (Tax Simplification Act) concerning communication services and consisting of 160 pages; that the Special Legal Counsel to the City, who was retained to create a franchise regulation ordinance in 1998, was contacted for assistance in preparing any required changes to the City's regulations; that the Tax Simplification Act impacted the rights of local government regarding communications companies and franchises; that Special Legal Counsel to the City was requested to adapt Ordinance No. 98-4054 concerning franchise regulation as required by the most recent State legislation. Attorney Hift stated that in 1998, the Commission adopted Ordinance No. 98-4054 which established extensive regulations regarding telecommunications companies utilizing the public rights-of-way; that Ordinance No. 98-4054 requires users of the City's rights-of-way to obtain franchise agreements from the City and pay franchise fees to the City; that the State Legislature modified the State Statutes governing a local government's regulations of rights-of-way specifically regarding telecommunications companies; that municipalities are prohibited from requiring franchise agreements of and franchise fees from telecommunications companies under current State law and pursuant to new State law which will become effective on October 1, 2001; that proposed Ordinance No. 01-4330 is a Master Right- of-Way Ordinance applying to any user of City rights-or-way and not just telecommunications companies. Attorney Hift continued that the State Legislature passed the Tax Simplification Act in the 2000 State Legislative session; that the Tax Simplification Act revitalized the telecommunications regulatory structure in the State; that the Tax Simplification Act replaced traditional permit fees for telecommunications and communications companies, franchise fees, the public service tax, and other fees and taxes with a two- pronged tax structure at the State and local level; that the Tax Simplification Act also revitalized the elecommunications franchising process and the cable television franchising process; that many questions were left unanswered after the Tax Simplification Act was passed; that the questions were answered in the 2001 State Legislative session including the rate of the new taxes at the State and local level; that the legislation BOOK 50 Page 21728 08/20/01 6:00 P.M. BOOK 50 Page 21729 08/20/01 6:00 P.M. limited the ability of local government to regulate the use of communications and telecommunications facilities in the public rights-of-way; therefore, Ordinance No. 98-4054 requires revision. Attorney Hift further stated that proposed Ordinance No. 01-4330 is adapted from Ordinance No. 98-4054; that the changes are an effort to continue to reserve the City's revenuergenerating authority to the extent possible under the new State' legislation, to reserve the maximum regulatory authority over the City's public rights-of-way, and no longer to have a franchise process for communications companies but instead to implement a registration process which is authorized under the new State legislation; that both a franchise registration and a registration process currently exist; that proposed Ordinance No. 01-4330 concerns the use of the public rights-of-way by communications companies in addition to security fund issues, construction bond issues, and enforcement remedies to ensure communications companies are in compliance; that proposed Ordinance No. 01-4330 complies with and anticipates any change which may be considered for the Zoning Code (1998) including issues regarding primary grid streets and walkability and continues to reserve the right to negotiate cable television franchises to the extent possible under the new legislation. Commissioner Palmer stated that proposed Ordinance No. 01-4330 is technical; and quoted the Agenda Request form in the Agenda backup material as follows: municipalities are prohibited from requiring franchise agreements of telecommunications companies and requiring franchise fees from telecommunications companies.. Commissioner Palmer continued that Grant of Franchise Regulation, Section 3C, proposed Ordinance No. 01-4330, indicates the following: C. Notwithstanding any other provision of this Ordinance, a Cable Services provider must enter into a cable services Franchise Agreement with the City prior to providing Cable Services. Commissioner Palmer requested clarification of the difference between cable services and telecommunications franchise fees. Attorney Hift stated that local governments can negotiate and enter into cable television franchise agreements; that cable television is defined in Federal and State law; that local government can negotiate all but two terms which were previously negotiable with the cable television provider as follows: 1) the definition of gross revenues in a cable television franchise agreement and 2) franchise fees; that franchise fees are rolled into the revenue sources which have been replaced with the State and local tax; that the City still retains rights concerning cable television franchising as defined in Federal and State law. Commissioner Palmer stated that cable television - is not considered part of the definition of elecommunications services. Attorney Hift stated that is correct. Attorney Connolly stated that minor changes will be incorporated into proposed Ordinance No. 01-4330 between first and second reading; that some language which concerns the upcoming regulations of the City of Sarasota SmartCode (SmartCode), Official Draft Version 1.0, January 2001, and the walkability of the primary grid streets has been drafted for incorporation into proposed Ordinance No. 01-4330 at the request of the City Attorney's Office. Mayor Hogle opened the public hearing. There was no one signed up to speak and Mayor Hogle Closed the public hearing. Deputy City Manager Schneider stated that the Administration recommends passing proposed Ordinance No. 01-4330 on first reading and scheduling proposed Ordinance No. 01-4330 for second reading on September 4, 2001. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4330 by title only. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to pass proposed Ordinance No. 01-4330 on first reading and schedule proposed Ordinance No. 01-4330 for second reading on September 4, 2001, to assure an effective date of no later than October 1, 2001. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with. the roll-call vote. Motion carried unanimously BOOK 50 Page 21730 08/20/01 6:00 P.M. BOOK 50 . Page 21731 08/20/01 6:00 P.M. (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Mayor Hogle requested that City Attorney Taylor explain the time limits for the quasi-judicial public hearings. City Attorney Taylor stated that the recommendation is to allow five minutes for the Applicant's and the City's presentation and three minutes for rebuttal; that other interested persons will have five minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission. Mayor Hogle stated that hearing the Commission's agreement, the time limits are approved. 9. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 01-4321, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 1660 SEVENTH STREET, HISTORICALLY KNOWN AS THE BRAZIL/CLARK HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #1 (1600) through (1845) Mayor Hogle stated that proposed Ordinance No. 01-4321 concerns the historic designation of the structures located at 1660 Seventh Street, historically known as the Brazil/Clark House; that the Applicant is Mikki Hartig, Historical and Architectural Research Services, agent for Joan Bowers, owner. City Attorney Taylor stated that no one has filed for certification as an Affected Person. Mayor Hogle requested that Commissioner ex parte communications, if any, be disclosed. Mayor Hogle, Vice Mayor Mason, and Commissioners Martin, Palmer, and Quillin stated that no ex parte communications have occurred. Mayor Hogle opened the public hearing and requested that the Applicant and Staff come forward. Mark Hess, Chief Planner, Planning Department, came before the Commission and stated that the request is for historic designation of the one-story, crattsman-style, single-family, residence and detached garage located at 1660 Seventh Street, historically known as the Brazil/Clark House; that Staff from the Sarasota County Department of Historical Resources determined that the structures are buildings of historical significance based upon the integrity of location, design, materials, and workmanship; that at its June 12, 2001, meeting, the Historic Preservation Board voted unanimously to recommend historic designation of the Brazil/Clark House, which meets the following criteria listed under Section IV-806(A) of the Zoning Code (1998): 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction Mikki Hartig, Historical and Architectural Research Services, came before the Commission, referred to displayed slides of the house and garage located at 1660 Seventh Street, known as the Brazil/Clark House, and stated that the owner of the property, Joan Bowers, is present in the audience to respond to questions if desired; that the property is a simple, one-story, single- family, crattsman-style residence with a detached single-car garage located on the site; that the structures are located in the James Hall subdivision and were built by prominent local builder, A.F. Baer; that both structures were completed in 1925 and retain a high degree of original and historic architectural integrity providing an excellent and well preserved example of a style and method of construction dating from the Boom Time development of the City during the early and mid 1920s; that the structures possess gable roofs; that the residence has an offset front porch and retains all the original three-over-one and four-over-one wood casement windows; that the residence has wood-dropped siding and an asphalt shingle roof; that the home was purchased in 1927 by Jules and Helen Brazil who maintained the property as a rental propertyi that Jules Brazil was an important promoter of the area, was frequently called Mr. Sarasota, and was frequently requested to serve as a master of ceremonies at various functions such as the opening of the Bobby Jones Golf Course; that the first occupants of the home were Nina and Paul Clark who occupied the home until 1928, at the time of the real estate decline and at which time foreclosure action was taken- against the property; that a non-historic carport has been constructed on the site; that the structures are nominated as a well preserved example of a crattsman-style bungalow. BOOK 50 Page 21732 08/20/01 6:00 P.M. BOOK 50 Page 21733 08/20/01 6:00 P.M. Mayor Hogle requested that other interested persons come forward. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Hogle stated that neither the Applicant nor the City has any rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4321 by title only. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 01-4321 on first reading. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes; Martin, yes. 10. QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 01-4322, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 1325 COCOANUT AVENUE, HISTORICALLY KNOWN AS THE MABEL NABONA WOODHULL HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN, ; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-B-2) #1 (1845) through (2050) Mayor Hogle stated that proposed Ordinance No. 01-4322 is to historically designate the structure located at 1325 Cocoanut Avenue; that the Applicant is Mikki Hartig, Historical and Architectural Research Services, agent for Robert and Maria Gelinas, owners. City Attorney Taylor stated that no one has filed for certification as an Affected Person. Mayor Hogle requested that Commissloner ex parte communications, if any, be disclosed. Mayor Hogle, Vice Mayor Mason, and Commissioners Martin, Palmer, and Quillin stated that no ex parte communications have occurred. Mayor Hogle opened the public hearing and requested that the Applicant and Staff come forward. Mark Hess, Chief Planner, Planning Department, came before the Commission and stated that Staff from the Sarasota County Department of Historical Resources determined the two-story, Mediterranean Revival Style structure and detached one-story garage located at 1325 Cocoanut Avenue, historically known as the Mabel Nabona Woodhull House, is a building of historic significance; that at its June 12, 2001, meeting, thé Historic Preservation Board voted unanimously to recommend historic designation of the Mabel Nabona Woodhull House, which meets the following criteria listed under Section IV-806(A) of the Zoning Code (1998): 1. Exemplifies or reflects the board cultural, political, economic and social history of the City of Sarasota, particularly the early development of the Valencia Terrace Subdivision; and 4. Embodies' the distinctive visible characteristics of the Mediterranean Revival Style of architecture as exemplified by its rough stucco exterior, barrel clay tile roof, and asymmetrical plan. Mikki Hartig, Historical and Architectural Research Services, came before the Commission, referred to displayed slides of - the Mabel Nabona Woodhull House, and stated that the house is a one- and two-story, single-family residence with a one-story, two-car detached garage, is of exceptional size and detail in the Valencia Terrace Subdivision, is located near the intersection of 14th Street and Cocoanut Avenue, and is heavily landscaped; that the stucco, framing, and wood casement windows are original; that the house was originally constructed as a duplex in 1926, was converted to a single-family home during the 1930s, was reconverted to a duplex during the 1950s, but was restored to a single-tamily home by the current owners in 1995; that the interior of the structure has some very historic elements; that the house may be a work of Thomas Reid Martin, who also designed Burns Court; that Mabel Nabona Woodhull was an interesting personality, was involved in natural healing methods in the 1920s, worked for a local sanatorium, was married three times, and was the only child of wealthy parents, possibly accounting for the design of the house, which was extravagant for the times; that the integrity of location, design, setting, BOOK 50 Page 21734 08/20/01 6:00 P.M. BOOK 50 Page 21735 08/20/01 6:00 P.M. materials, workmanship, and association meet the City's criteria for historic designation. Mayor Hogle requested that other interested persons come forward. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Hogle stated that neither the Applicant nor the City has any rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4322 by title only. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 01-4322 on first reading. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yes; Hogle, yes; Martin, yes; Mason, yes. 11. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4323, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1958 ADAMS LANE, HISTORICALLY KNOWN AS THE APPLEBY FAMILY HOME, F AS STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-B-3) #1 (2050) through (2275) Mayor Hogle stated that proposed Ordinance No. 01-4323 is to historically designate the structure located at 1958 Adams Lane; that the Applicant is Mikki Hartig, Historical and Architectural Research Services, agent for Elle Leonard, owner. City Attorney Taylor stated that no one has filed for certification as an Affected Person. Mayor Hogle requested that Commissioner ex parte communications, if any, be disclosed. Mayor Hogle, Vice Mayor Mason, and Commissioners Martin, Palmer, and Quillin stated that no ex parte communications have occurred. Mayor Hogle opened the public hearing and requested that the Applicant and Staff come forward. Mark Hess, Chief Planner, Planning Department, came before the Commission and stated that Staff from the Sarasota County Department of Historical Resources determined the one-story, crattsman-style, single-family bungalow located at 1958 Adams Lane, historically known as the Appleby Family Home, was completed in 1925 and is a building of historic significance; that at its June 12, 2001, meeting, the Historic Preservation Board voted unanimously to recommend historic designation of the Appleby Family Home, which meets the following criteria listed under Section IV-806(A) of the Zoning Code (1998): 4. Embodies the distinctive visible characteristics of the crattsman-style bungalow as demonstrated by its simple wood knee brace and exposed raiter tails. Mikki Hartig, Historical and Architectural Research Services, came before the Commission; referred to displayed slides of the Appleby Family Home; and stated that the house was constructed in 1925 and was strongly influenced by the Colonial Revival style of architecture as embodied in the clipped gable roof and hood above the front entrance; that the house is a simple one- story, single-tamily, crattsman-style residence and has simple wood-dropped siding, a metal roof, and French windows; that an addition on the structure was constructed in 1967, has vinyl siding, is not visible from the public right of way, and does not detract from the original appearance of the house; that the house is the second single-family home presented for historic designation in Towles Court and is the primary residence and art studio of the owner, Elle Leonard, who is a ceramist; that the house is associated with the Appleby family, who achieved prominence in local real estate and investment and for constructing many historic structures in Sarasota; that three generations of the Appleby family lived in the house. Mayor Hogle 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 anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4323 by title only. BOOK 50 Page 21736 08/20/01 6:00 P.M. BOOK 50 Page 21737 08/20/01 6:00 P.M. On motion of Vice Mayor Mason and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 01-4323 on first reading. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Hogle, yes; Martin, yes; Mason, yes; Palmer, yes. Commissioner Quillin stated that the historic designation of homes located in north Sarasota is personally pleasing and is exciting; that many historic structures are located in north Sarasota; that the efforts of citizens to restore and seek historic designation for the historic structures in north Sarasota is appreciated and commended. Ms. Hartig concurred and stated that the intent of some citizens is to establish an historic district in north Sarasota; that many other structures in north Sarasota could qualify for local, State, and National historic designations; that the City should encourage the rehabilitation and improvement of the remaining historic structures in north Sarasota. Commissioner Quillin concurred and stated that the efforts to historically designate homes in north Sarasota are commended; that many of the rehabilitated historic structures were previously considered neighborhood nuisances; that the citizens responsible for restoring the historic structures are commended; that the istorically-designatea structures are a positive contribution to the character of the City. 12. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #1 (2275) through (2655) The following people came before the Commission: Stan Zimmerman, 2469 Novus Street (34237), read from a prepared statement indicating that several meetings of the Charter Review Committee (CRC) were personally attended; that the Coalition for Sarasota's Future has proposed changing the City's form of government from the Council-Manager to the Strong Mayor System; that significant public input concerning a change in the City's form of government was not obtained by the group of citizens; that the issue, is serious; that the Commission established the CRC to review the merits of the proposal developed by the Coalition for Sarasota's Future; that two members of the CRC, including the Chair, are ardent supporters of the Strong Mayor System; that the CRC received several presentations concerning the merits of the Council-Manager and Strong Mayor Systems; that significant debate occurred; that the CRC voted 8 to 1 to reject the proposed change to the Strong Mayor System and is scheduled to present a report at the September 4, 2001, Regular Commission meeting; that an adequate accounting of the debate and reasoning to reject the Strong Mayor System should be presented by the CRC; that many flaws with the Strong Mayor System were indicated by CRC members; that Commissioners should query the CRC members to learn of all the indicated flaws; that the CRC Chair did not attend the meeting at which the vote to reject the Strong Mayor System occurred and thus cannot provide an appropriate recollection of the debate supporting the rejection of the Strong Mayor System; that the members who attended the meeting at which the vote occurred should be questioned concerning the reasoning to reject the Strong Mayor System. Mr. Zimmerman continued that the CRC meetings were initially attended with an open mind; that a decision to support the Strong Mayor or Council-Mayor System had not been personally reached prior to the CRC meetings; that the CRC was asked if a definite reason exists to necessitate the change in the City's form of government; that supporters of the Strong Mayor System indicated a strong mayor could provide increased leadership, accountability, and responsibillty, however, a satisfactory reason was not provided; that the CRC has overwhelmingly rejected a change to the Strong Mayor System; that the Commission and the public should have a satisfactory reason to support a change to the City's form of government. Jay Brady, 1487 Second Street (34236), Executive Director, Gulfcoast Builders Exchange (GBE), stated that the GBE only received the Planning Department's responses to the issues raised by the public concerning Comprehensive Amendment Application No. 01-PA-02 at the July 30, 2001, Special Commission meeting immediately prior to the current meeting; that adequate time has not been allowed to review the Planning Department's responses to the public's concerns; that the City Attorney's Office provided a report with adequate time for review; that the Planning Department's responses constitute 32 pages of written material; that significant time will be required to review the Planning Department's responsesi that the GBE Governmental Affairs Committee has scheduled a meeting for August 21, 2001, to discuss Staff's responses to the concerns BOOK 50 Page 21738 08/20/01 6:00 P.M. BOOK 50 Page 21739 08/20/01 6:00 P.M. raised at the July 30, 2001, Special Commission meeting; that the request - is to delay consideration of Comprehensive Plan Amendment Application No. 01-PA-02 until the public is allowed sufficient time to review City's responses; that a meeting was held with a representative of the Downtown Property Owners' Association (DPOA) immediately prior to the current meeting; that the DPOA representative indicated Staff's responses had not been received and was unaware consideration of Comprehensive Plan Amendment Application No. 01-PA-02 was an item on the current Agenda; that a Commission Workshop should be scheduled to allow the public an opportunity to review the City's responses. City Auditor and Clerk Robinson stated that the public hearing to consider Comprehensive Plan Amendment Application No. 01-PA-02 was closed at the July 30, 2001, Special Commission meeting and action concerning the amendment was continued to the current meeting; that the continuance to the current meeting was publicly announced at the July 30, 2001, Special Commission meeting. John Flaherty, 500 Royal Road (34228), stated that the City and particularly Downtown are frequently visited; that the Commission recently voted unanimously to select Michael McNees as the next City Manager; that the unanimous vote represents unity, which is desired by and pleasing to the public; that the decision to hire Mr. McNees will significantly improve the City; that the Commission is commended for selecting Mr. McNees. Richard Sheldon, 526 South Osprey Avenue (34236), distributed copies of and referred to an August 17-19, 2001, Weekend Edition, USA Today article entitled "X Games roll from the edge to the burbs" and stated that more Americans rode skateboards during the previous year than played baseball; that skateboarding is becoming an increasingly common recreation and sport; that the X Games have increased the interest in skateboarding among Americans; that Skateboarders attend specialized camps and adult-supervised events; that coaches are often hired to teach skateboarding skills; that many skateboard parks have been constructed recently; that the City should construct a skateboard park in Payne Park as soon as possible. 13. UNFINISHED BUSINESS: ADOPTION RE: : RESOLUTION NO. 01R-1388, AUTHORIZING TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT APPLICATION 01-PA-02 TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW AND COMMENT; SAID AMENDMENT PROPOSES CHANGES TO THE TRANSPORTATION CHAPTER, THE FUTURE LAND USE CHAPTER, FUTURE LAND USE MAP, THE CAPITAL IMPROVEMENTS CHAPTER AND THE OPEN SPACE AND RECREATION CHAPTER OF THE COMPREHENSIVE PLAN (SARASOTA CITY PLAN 1998) TO ENSURE THAT THE AMENDED AND RESTATED COMMUNITY REDEVELOPMENT PLAN (A/K/A DOWNTOWN MASTER PLAN 2020) CONFORMS TO THE SARASOTA CITY PLAN, AS REQUIRED BY THE COMMUNITY REDEVELOPMENT ACT OF 1969; ETC. (TITLE ONLY) - ADOPTED AS PROPOSED BY STAFF AND THE PLANNING BOARD /LOCAL PLANNING AGENCY (PBLP) TO AUTHORIZE THE TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 01-PA-02 TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (AGENDA ITEM VI-1) #1 (2655) through #2 (0360) Commissioner Palmer stated that clarification is requested concerning the public hearing to consider proposed Resolution No. 01R-1388, which was continued from the July 30, 2001, Special Commission meeting. City Auditor and Clerk Robinson stated that the Commission held a public hearing at the July 30, 2001, Special Commission meeting to adopt proposed Resolution No. 01R-1388, which authorizes the transmittal of Comprehensive Plan Amendment Application No. 01-PA-02 to the Florida Department of Community Affairs (DCA) ; that the public hearing was closed at the July 30, 2001, Special Commission meeting; that Staff was directed to prepare responses to the issues raised by the public during the public hearing and to provide a presentation at the current meeting. City Attorney Taylor stated that the public was already provided the opportunity to present any concerns to the Commission regarding Comprehensive Plan Amendment Application No. 01-PA-02; that the Commission directed Staff to prepare responses to the issues raised by the public; that the Planning Department and City Attorney's Office have prepared the responses desired by the Commission; that the public does not have an opportunity to rebut Staff's responsesi; that the public hearing has already been closed; that the current item was placed on the Agenda to receive and consider the Staff's responses and to debate and develop a final decision concerning Comprehensive Plan Amendment Application No. 01-PA-02, the transmittal of which will be approved if proposed Resolution No. 01R-1388 is adopted. Commissioner Martin stated that delaying consideration of Comprehensive Plan Amendment Application No. 01-PA-02 was BOOK 50 Page 21740 08/20/01 6:00 P.M. BOOK 50 Page. 21741 08/20/01 6:00 P.M. supported to receive Staff's responses to the public's concerns; that the public has already been allowed time to provide input. Robert Fournier, Attorney, City Attorney's Office, and Douglas James, Chief Planner, and David Smith, Senior Planner II, Planning Department, came before the Commission. Mr. James distributed copies of and referred to an August 14, 2001, memorandum from Planning Department Staff to the Commission concerning the Staff's responses to the concerns raised by the public regarding Comprehensive Plan Amendment Application No. 01-PA-02 included in the Agenda backup material and stated that the Commission adopted the City of Sarasota, Downtown Master Plan 2020 (Downtown Master Plan 2020) during January 2001; that the Staff is preparing updates to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) to ensure the consistency of the Downtown Master Plan 2020; that at a July 5, 2001, public hearing, the Planning Board/Local Planning Agency (PBLP) unanimously recommended the Commission authorize the transmittal of Comprehensive Plan Amendment Application No. 01-PA-02 to the DCA, which will be responsible for reviewing the consistency of the proposed amendments to the City's Comprehensive. Plan with relevant regional and State policies or plans; that the City will receive the DCA's response within 60 days; that the PBLP will review the proposed amendments to the City's Comprehensive Plan after the DCA's response is received and will provide a recommendation to the Commission with possible changes; that * the Commission will reconsider the proposed amendments during December 2001 or January 2002 after which the DCA will be provided an additional opportunity to review the proposed amendments; that the proposed amendments should become effective during March 2002. Mr. James continued that a public hearing was held at the July 30, 2001, Special Commission meeting to consider Comprehensive Plan Amendment Application No. 01-PA-02 and the PBLP's recommendations; that the Commission directed Staff to prepare responses to the concerns of the public voiced at the meeting; that the Planning Department and the City Attorney's Office have prepared responses to the public's concerns; that during the July 30, 2001, Special Commission meeting, the Commission decided to delay consideration of Comprehensive Plan Amendment Application No. 01-PA-02 to the current meeting to receive the Staff's responses to the public's concerns; that the public was aware Comprehensive Plan Amendment Application No. 01-PA-02 would be considered at the current meeting; that proposed Resolution No. 01R-1388 was developed to authorize the transmittal of Comprehensive Plan Amendment Application No. 01-PA-02 with any revisions determined by the Commission; that Staff has scheduled a meeting with DCA Staff for August 23, 2001, to review Comprehensive Plan Amendment Application No. 01-PA-02 and the Downtown Master Plan 2020; that the relevance of New Urbanism concepts to the proposed amenaments will be thoroughly explained to DCA Staff. Mr. Smith referred to the August 14, 2001, memorandum from Planning Department Staff to the Commission concerning Staff's responses to the public's concerns, distributed copies of a Matrix entitled "Summary of Comprehensive Plan Amendment (Application No.] 01-PA-02, Issues and Staff Responses,' 1 (Matrix) and stated that the Matrix indicates resolved and unresolved issues; that six issues are unresolved; that four issues were resolved during the July 30, 2001, Special Commission meeting and will not be discussed further; that Attachment A of the August 14, 2001, memorandum indicates the proposed changes to the Future Land Use Map; the first public concern was the land use classification of the Marina Jack property, which is currently designated in the Central City Land Use Classification; that the Central City Land Use Classification is among the most intense land use classifications allowed by the City; that the proposal was to designate the Marina Jack property in the Central City Urban Mixed-Use (CCUMU) Land Use Classification; that the public indicated concern for future development along the Bayfront; that the Commission directed Staff to designate the Marina Jack property in the Open space-Recreational Conservation (OSRC) Land Use Classification; that the Marina Jack property was designated as requested by the Commission. Mr. Smith continued that the Hispanic American Alliance (HAA) also requested the HAA property located at 2347 Aspinwall Street be designated in the CCUMU instead of the Central City Urban General (CCUG) Land Use Classification, which is supported by the PBLP; however, Staff does not support the requested land use classification designation for the HAA property and recommends maintaining the proposed CCUG Land Use Classification; that Aspinwall Street serves as the primary division between residential properties to the north and industrial uses to the south and should be maintained as such; that a designation in the CCUMU Land Use Classification would also result in a significant deviation from the recommendations of the Downtown Master Plan 2020 for the Park East Neighborhood; that an amendment to the BOOK 50 Page 21742 08/20/01 6:00 P.M. BOOK 50 Page 21743 08/20/01 6:00 P.M. Downtown Master Plan 2020 would be required if the CCUMU Land Use Classification is desired. Mr. Smith referred to Attachment B, indicating the proposed Existing and Planned Uses for the CCUG Land Use Classification, as contained in the August 14, 2001, memorandum and further stated that the recommendation is to amend the Existing and Planned Uses proposed in the CCUG Land Use Classification; that the HAA desires certain civic uses which may not be allowed in the CCUG Land Use Classification as originally proposed; that the term "civic uses" may be too broad; that the recommendation is to utilize the phrase "selected civic uses" as an Existing or Planned Use in the CCIG Land Use Classification to allow the Commission discretion to approve the civic uses in residential neighborhoods; that an example is a civic parking garage, which may not be appropriate for a residential neighborhood; that another concern was raised regarding the allowed uses in Downtown after the proposed amendments are adopted; that a particular concern was raised for the existing non-compatible uses indicated for the CCUMU Land Use Classification as follows: Existing Non-Compatible Uses would include: - all uses that are neither primary or secondary in nature, such as more intensive commercial (e.g., vehicle/equipment sales and repair), manutacturing, and wholesaling uses. Mr. Smith stated that the phrase "neither primary or secondary in nature" was inadvertently included in the proposed amendments to the City's Comprehensive Plan and should be deleted; that the phrase "planned for future development" should replace the deleted phrase as similarly indicated in the CCUG Land Use Classification; that another concern with the Existing Non-Compatible Uses was raised by representatives of Sarasota Ford, which has invested significantly in a used-car sales lot located on US 301; that used-car sales may be appropriate in the CCUMU Land Use Classification if the facility is appropriately landscaped and constructed and does not disrupt the surrounding community; that used-car sales facilities should be considered an appropriate retail establishment for the CCUMU Land Use Classification; that the recommendation is to revise the Existing Non-Compatible Uses allowed in the CCUMU Land Use Classification as follows: Existing Non-Compa atible Uses would include: all uses that are planned for future development, such as manufacturing and wholesaling uses. Mr. Smith distributed copies of a revised Summary of [Land Use] Classifications indicating . the primary allowed uses and implementing Zone Districts for each Land Use Classification and continued that the Summary of Classifications will be revised to indicate the appropriate implementing Zone Districts for the CCUMU and CCUG Land Use Classifications; that the implementing Zone Districts for the Community Office/Institutional, Community Commercial, Central City, and all Residential Land Use Classifications will be considered appropriate for the CCUMU and CCUG Land Use Classifications until the final version of the City of Sarasota SmartCode, Draft, January 2001 (SmartCode), is adopted; that the SmartCode will contain new implementing Zone Districts for the CCUG and CCUMU Land Use Classifications; that the PBLP recommended the implementing Zone : Districts for all Residential Land Use Classifications should also implement the CCUG and CCUMU Land Use Classifications; that the Existing Zoning Section of the CCUG and CCUMU Land Use Classifications will be revised to indicate a reference to the Summary of Classifications until the final version of the SmartCode is adopted. Mr. Smith further stated that another recommendation is to delete the following sentence from the CCUMU Land Use Classification: In general, the more intensive the use, the more it needs a central location within this classification as opposed to being at the perimeter. Mr. Smith stated further that the Central City Land Use Classification currently contains similar language but will be deleted if the proposed amendments are adopted; that the sentence is inconsistent with the concepts of New Urbanism; that the CCUMU Land Use Classification allows the construction of taller buildings in all areas Downtown; that allowing the construction of more intense uses such as taller buildings only in central locations may conflict with the construction of current and future structures Downtown; that the original intent of the sentence was to provide a further protection for the City's walk-to-town neighborhoods; that adequate protections for the City's walk-to-town neighborhoods will. remain if. the sentence is deleted from the CCUMU Land Use Classification as recommended by Staff; that a reference in the CCUMU Land Use Classification was previously to the "Downtown Core Zone" but BOOK 50 Page 21744 08/20/01 6:00 P.M. BOOK 50 * Page 21745 08/20/01 6:00 P.M. should be revised to "Downtown General Zone"; that all issues raised by citizens at the July 30, 2001, Special Commission meeting were addressed by Staff. Mr. James referred to the August 14, 2001, memorandum from Planning Department Staff and stated that the Marina Jack property will be designated in the OSRC Land Use Classification; that constructing a facility similar to Marina Jack at Ken Thompson Park or on other properties designated in the OSRC Land Use Classification is not desired; therefore, the recommendation is to add the following sentence to text of the General Characteristics Section of the OSRC Land Use Classification: As the single exception to this minimal development provision, the type and scale of the activities which have historically been associated with the "Marina Jack" facility at the Bayfront Park are considered consistent with this land use classification due to their geographic proximity to Downtown. Commissioner Quillin asked if a site-specific reference to the allowed uses for Marina Jack could also be included in the OSRC Land Use Classification? Mr. James stated yes. Commissioner Palmer stated that the concern is preventing the further commercialization of the Bayfront; that a site-specific reference to the allowed uses for Marina Jack should be included in the OSRC Land Use Classification. Commissioner Quillin stated that current uses at Marina Jack should only be allowed at Marina Jack and not àt any other property in the OSRC Land Use Classification; that a future developer may believe the activities and uses allowed at Marina Jack are acceptable at other property such as City parks designated in the OSRC Land Use Classification. Mr. James concurred and stated that a site-specific reference will be included in the final version of Comprehensive Plan Amendment Application No. 01-PA-02. Attorney Fournier referred to the August 13, 2001, memorandum from the City Attorney's Office to the Commission concerning the issues raised by the public at the July 30, 2001, Special Commission meeting and stated that many of the concerns raised by the public. at the July 30, 2001, Special Commission meeting have resulted in changes to Comprehensive Plan Amendment Application No. 01-PA-02; however, other concerns raised by the public should not result in similar changes; that the issue. of vested rights is a significant concerni that vested rights should be preserved; however, an amendment to the text of the Comprehensive Plan Amendment Application No. 01-PA-02 is not necessary; that a provision which indicates the protection of vested rights will be included in the ordinance which adopts the proposed amendments to the City's Comprehensive Plan; that the ordinance will be set for a public hearing; that the public will be allowed to provide input concerning the provision to protect vested rights. Attorney Eournier continued that another concern is allowing sufficient vehicular access to properties located on A streets; that the indication was the City is attempting to block vehicular access to some Downtown buildings or properties; that the indication is incorrect and contradictory; that the City is requiring loading spaces and off-street parking; that sufficient vehicular access must be allowed to facilitate the use of loading spaces in particular; that language will be developed to remedy the concern prior to transmittal to the DCA. Commissioner Palmer asked the specific language which will be utilized to indicate sufficient vehicular access will be allowed to properties located on A streets? Attorney Fournier stated that the following sentence should be added to the proposed amendments to the City's Comprehensive Plan: Direct vehicular access to properties on "A" streets from "A" streets shall not be prohibited when same is necessary to utilize off street parking and loading spaces provided on site to meet the applicable code requirements. Commissioner Palmer stated that the phrase "where no other access is possible" should be added to the end of the proposed sentencei that property owners should be guaranteed sufficient vehicular access to properties; however, vehicular access should be limited on A streets, which should have an emphasis on pedestrian access and walkability. Attorney Fournier concurred and stated that the phrase will be added to the end of the sentence; that the. preference of the Downtown Master Plan 2020 is to provide vehicular access to properties from B streets; that the difterentiation between A BOOK 50 Page 21746 08/20/01 6:00 P.M. BOOK 50 Page 21747 08/20/01 6:00 P.M. and B streets will be maintained; that another concern indicated the references contained in Comprehensive Plan Amendment Application No. 01-PA-02 to the Transect models of the Downtown Master Plan 2020 were inappropriate; that such references are appropriate despite the variations of height limitations within the CCUMU Land Use Classification; that the Transect model requires further clarification in the City's Comprehensive Plan; that the following sentences are recommended to provide further clarification: Within both the Central City Urban Mixed Use and the Central City Urban General future land use classification, the Transect is intended to be the paradigm for a system of overlay zones which will regulate development. For this reason, the maximum limitations placed on densities and intensities of use will not be uniform throughout the Central City Urban Mixed Use future land use classification as this classification is intended to encompass more than one transect zone. Mayor Hogle asked if the property rights of Sarasota Ford will be protected if the proposed amendments to the City's Comprehensive Plan are adopted? Attorney Fournier stated yes; that the recommended changes to the language of the proposed amendments to the City's Comprehensive Plan will not designate Sarasota Ford's property as a non- compatible use. Mayor Hogle asked for clarification concerning the recommended action to protect vested rights? Attorney Fournier stated that vested rights should be preserved and protected; that vested rights are the previously approved development rights of property owners prior to the adoption of a new plan or regulation which affects the City's land development regulations and other applicable codes; that the recommendation is to include protective language in the ordinance which will ultimately adopt the proposed amendments to the City's Comprehensive Plan and not to change the text of Comprehensive Plan Amendment Application No. 01-PA-02; that an ordinance is required to adopt any amendments to the City's Comprehensive Plan after the City has received the DCA's review. Commissioner Palmer stated that vested rights conce,rn rights which are granted to property owners by the City such as unexpired site plans, approved building permits, conditional uses, variances, historic designations, administrative appeals, development agreements, and a variety of other agreemênts; that vested rights should be preserved and protected; however, the zoning of many properties will change upon adoption of the final version of the SmartCode. Attorney Fournier concurred and stated that the Zone Districts of many properties will be changed upon adoption of the final version of the SmartCode. Commissioner Palmer asked if the concerns of the Church of the Redeemer Episcopal (Church) have been resolved? Attorney Fournier stated yes; that a resolution will be prepared to amend the Downtown Master Plan 2020. Commissioner Palmer asked if the designation of a Civic - Parking Reservation for the Church's property will be deleted from the text of Downtown Master Plan 2020? Attorney Fournier stated yes. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1388 by title only. Deputy City Manager Schneider stated that the Administration recommends adopting proposed Resolution No. 01R-1388 as proposed by Staff and the PBLP and to authorize the transmittal of Comprehensive Plan Amendment Application No. 01-PA-02 to the DCA. On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to adopt proposed Resolution No. 01R-1388 as proposed by Staff and the Planning Board/Local Planning Agency (PBLP) to authorize the transmittal of Comprehensive Plan Amendment Application No. 01-PA-02 to the Florida Department of Community Affairs. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. Commissioner Quillin stated that the efforts of Staff to explain the proposed amendments to the City's Comprehensive Plan to the Commission in a clear and concise manner are appreciated. BOOK 50 Page 21748 08/20/01 6:00 P.M. BOOK 50 Page 21749 08/20/01 6:00 P.M. 14. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 01R-1398, AMENDING RESOLUTION NO. O0R-1304 BY EXTENDING TO JANUARY 31, 2002, A TWELVE (12) MONTH SELF-I IMPOSED MORATORIUM BY WHICH THE CITY OF SARASOTA WILL NOT PROCESS ANY NEW APPLICATIONS FOR VOLUNTARY ANNEXATION IN WHICH THE SUBJECT PROPERTY IS 25 ACRES IN SIZE OR LARGER; ETC. (TITLE ONLY) ADOPTED WITH THE ADDITION OF THE PHRASE "NO LATER THAN" TO THE DATE OF JANUARY 31, 2002 (AGENDA ITEM VI-2) #2 (0360) through (0415) Mayor Hogle stated that proposed Resolution No. 01R-1398 concerns the extension of the voluntary annexation moratorium of parcels 25 acres in size or larger. Deputy City Manager Schneider stated that proposed Resolution No. 01R-1398 came before the Commission at the August 6, 2001, Regular Commission meeting; that the Commission requested additional information which has been provided in the August 13, 2001, Interoffice Memorandum, included in the Agenda backup material; and referred to Section 1, proposed Resolution No. 01R-1398, as follows: The City Commission hereby extends to January 31, 2002... Deputy City Manager Schneider continued that the phrase "no later than" should be added prior to the date of January 31, 2002, as approved at the August 6, 2001, Regular Commission meeting; that the change was not previously incorporated in proposed Resolution No. 01R-1398; that the Administration recommends adopting proposed Resolution No. 01R-1398 with the addition of the phrase "no later than" prior to the date of January 31, 2002. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1398 by title only. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to adopt proposed Resolution No. 01R-1398 with the addition of the phrase "no later than" prior to the date of January 31, 2002. Mayor Hogle 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; Hogle, yes. 15. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE CITY ATTORNEY AND CITY AUDITOR AND CLERK TO FINALIZE THE NEW CITY MANAGER CONTRACT = APPROVED (AGENDA ITEM VI-3) #2 (0415) through (0680) Mayor Hogle stated that Agenda Item VI-3 is to authorize the City Attorney and City Auditor and Clerk to finalize the contract for the new City Manager. City Attorney Taylor distributed an Employment Agreement between the City and Michael McNees, the candidate selected for the position of City Manager; and stated that the Employment Agreement was recently signed by Mr. McNees but does not contain witness signatures; that some elements of the Employment Agreement require clarification; that a final copy will be produced based upon Commission action; that the Employment Agreement will be re-executed by Mr. McNees. City Attorney Taylor continued that Mr. McNees will serve at the pleasure of the Commission as indicated in Section 3, Employment Agreement; that the Employment Agreement will renew annually upon a satisfactory job review after the first increment; that the renewal will be for a time period determined by the Commission; that Mr. McNees requested the Employment Agreement be returned to the Commission for renewal as part of the evaluation processi that a provision for severance pay has been negotiated by Mr. McNees and included in the Employment Agreement; that the intention of the Employment Agreement is to protect Mr. McNees in terms of salary for the first 24 months; that Mr. McNees is entitled to the unearned portion of the 24-month salary if terminated during the first two years; that a six-month severance is in effect subject to the application of the Employment Agreement from October 1, 2003, and beyond; that the salary was negotiated at $129,500. City Attorney Taylor further stated that Mr. McNees has requested moving expenses for himself and his personal property; that the City has requested Mr. McNees obtain three bids for the moving costs which will be approved by the Commission; that Mr. McNees is willing to begin working for the City on September 24, 2001; however, the position does not begin until October 1, 2001; that Mr. McNees is entitled to a relocation expense during the interim relocation period which will allow temporary deferment of lodging for a period not to exceed 60 days or $3,000; that BOOK 50 Page 21750 08/20/01 6:00 P.M. BOOK 50 Page 21751 08/20/01 6:00 P.M. Mr. McNees requested a particular time frame not be established to comply with the provision other than the 60 days; that Mr. McNees would like to become familiar with the community prior to purchasing permanent lodging; that $300 per month will be provided as a vehicle allowance as Mr. McNees will be driving a personal vehicle; that vacation time is three weeks which is equivalent to an employee of ten yearsi that Mr. McNees will accrue vacation time in the same manner as all general employees after ten years; that Mr. McNees is permitted to enroll in the insurance programs of the City; that Mr. McNees requested the provision of disability insurance which would continue his salary in the event of disability; that Mr. McNees also requested deferred compensation in the amount of $8,500 per year. Commissioner Quillin asked if the City carries key person insurance on any Charter Officials? City Attorney Taylor stated no. Commissioner Quillin stated that key person insurance for Charter Officials should be discussed at a later date. Commissioner Palmer stated that a salary increase should not be implemented October 1, 2001, for a City Manager hired on September 24, 2001. William Campbell, Human Resources Director, came before the Commission and stated that the salary increase for the City Auditor and Clerk and City Manager are approved by the Commission as specific Agenda items. Commissioner Palmer stated that normally a salary increase for Charter Officials is implemented on October 1, 2001; that the increase will not apply to the new City Manager. Mr. Campbell stated that is correct. City Attorney Taylor stated that the clarification will be provided to Mr. McNees. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to approve the Employment Agreement between the City of Sarasota and Michael McNees as the new City Manager and authorize the Mayor and City Auditor and Clerk to sign on behalf of the City. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Commissioner Quillin stated that some were of the opinion a new City Manager would not be hired by October 1, 2001; that the Commission can do almost anything with hard work and the assistance of Staff. 16. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #2 (0680) There were no Commission Board or Committee reports. 17. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #2 (0680) through (0700) COMMISSIONER QUILLIN: A. stated that she is leaving to visit Sarasota's Sister City of Dunfermline, Scotland, on August 21, 2001. 18. ADJOURN (AGENDA ITEM XII) #2 (0700) There being no further business, Mayor Hogle adjourned the Regular meeting of August 20, 2001, at 7:55 p.m.. - ALBERT F. HOGLE, MAYOR ATTEST: Bully E Rotrnsien BILLY E. ROBINSON, CITY AUDITOR AND CLERK BOOK 50 Page 21752 08/20/01 6:00 P.M.