MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 3, 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 Attorney Michael Connolly, City Attorney's Office, ABSENT: City Attorney Richard J. Taylor PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE : EMPLOYEE OF THE MONTH FOR MAY 2002, KIM DENAIS, SECRETARY I PRESENTED BY DAVID WAUGH, BUILDING OFFICIAL, BUILDING, ZONING AND CODE ENFORCEMENT CD 6:04 through 6:11 Mayor Mason requested that City Manager McNees, V. Peter Schneider, Deputy City Manager, David Waugh, Deputy Director of Building, Zoning and Code Enforcement, and Kim DeNais, Secretary, Building, Zoning and Code Enforcement, and Employee of the Month for May 2002, join her and the Commission at the Commission table for the presentation. Mr. Waugh stated that Timothy Litchet, Director of Building, Zoning and Code Enforcement is unfortunately unable to attend the meeting; and read a prepared statement from Mr. Litchet indicating that regret is extended for not being able to attend; that Ms. DeNais has worked in the Building, Zoning and Code Enforcement Department since February 2000, is an excellent team player and secretary, has taken the initiative of revising the Building Department's filing system by chronological and alphabetical order, has changed the file labeling system, and increased productivity; that the volume of work is significant with over 4,000 telephone calls annually in addition to normal daily job functions; that Ms. DeNais handles all the administrative work for the Board of Adjustment (Board), is solely responsible for streamlining the Board's Agenda packets for which the Board has recognized her, has a positive attitude, is a self-motivator, and BOOK 51 Page 23316 06/03/02 6:00 P.M. BOOK 51 Page 23317 06/03/02 6:00 P.M. is willing to assist anytime necessary to accomplish the required job task; that additionally, Ms. DeNais is active with charitable organizations and allowed the cutting of her long, golden locks for the Locks for Love Organization, a non-profit group providing free wigs to cancer patients under the age of 18; that Ms. DeNais serves with excellence and pride. Mr. Schneider stated that the City Manager's Office has frequent contact with Ms. DeNais, who is always positive, responsive, and helpful; that a number of Staff members from the Department of Building, Zoning and Code Enforcement are present in the audience and also demonstrate the same positive attitude toward customer service; that recognizing Ms. DeNais as the May 2002 Employee of the Month is a well deserved honor. City Manager McNees stated that the organizational structure of the Department of Building, Zoning and Code Enforcement is reflective of the 1980s but must meet the operational requirements of the year 2002, which are significant; that the employees in the Department of Building, Zoning and Code Enforcement accomplish a significant amount of work with a staffing level which has not changed in a number of years and perform well beyond basic expectations; that the efforts of Ms. DeNais are appreciated. Mayor Mason stated that her first job in the City was in the Department of Building, Zoning and Code Enforcement; therefore, the presentation is a special pleasure; presented Ms. DeNais with a City-logo watch, a plaque and a certificate as the May 2002 Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. Ms. DeNais stated that the Staff of the Department of Building, Zoning and Code Enforcement work together and support each other; that Mr. Litchet should be commended for his efforts in having all employees work together and is very patient; recognized her husband, Joseph, and her mother, Sunda Varas, present in the audience; and thanked the co-workers present in the audience to offer support. Mayor Mason requested that the supporters present in the audience stand and be recognized; and stated that the support of co-workers is important. 2. PRESENTATION RE: : BEQUEST PRESENTED BY SCOTT DUNLAP / REPRESENTING THE ESTATE OF HARRY J. ALLEN IN THE AMOUNT OF $250,000 FOR THE CONSTRUCTION AND OUTFITTING OF A CHILDREN' S PLAYGROUND WHICH WILL BE NAMED THE ALLEN PLAY AREA AT BAYFRONT PARK CD 6:11 through 6:15 Mayor Mason requested that Scott Dunlap, Attorney and Personal Representative for the Estate of Harry J. Allen, and Robert Scheb, Attorney, both of the law firm of Dunlap and Moran, P.A., join her and the Commission at the Commission table for the presentation. Attorney Scheb stated that Mr. Allen was a long-time resident of the City and made a generous bequest in his Last Will and Testament of $250,000 to the City to build the Allen Play Area at Bayfront Park. Attorney Dunlap stated that a bequest of $250,000 on behalf of the Estate of Harry J. Allen is being made for the construction and outfitting of a children's play area at Bayfront Park; that the children's play area will be named the Allen Play Area; that the moment is sad; however, being able to present the gift to the City is pleasing. Attorney Dunlap distributed and read a May 13, 2002, letter from Julius Edelstein, brother of Mr. Allen, indicating that the creation of the Allen Play Area is saluted and endorsed; that Mr. Allen had no children but loved children and the concept of children at playi that the bequest of the Allen Play Area in the heart of the City is a fitting monument to his memoryi that Mr. Allen settled in the City, was a man of music and commerce, and was a builder, developer, and planner; that Mr. Allen always worked while growing up, loved children, and was a good neighbor; that Mr. Allen was an avid observer of sports events, was musically inclined and organized orchestras, was an airline pilot, tennis player, boatsman, motorcyclist, bicyclist, and loving citizen of the City; and presented a check for $250,000 in accordance with Mr. Allen's Last Will and Testament to the Mayor for the City. Mayor Mason received the check on behalf of the City and stated that the bequest is greatly appreciated; that the Allen Play Area will be enjoyed by the children of residents and visitors. 3. PRESENTATION RE: : JOINT PROCLAMATION OF THE FLORIDA CITY AND COUNTY MANAGEMENT FOUNDATION AND THE INTERNATIONAL BOOK 51 Page 23318 06/03/02 6:00 P.M. BOOK 51 Page 23319 06/03/02 6:00 P.M. CITY/COUNTY MANAGEMENT ASSOCIATION RECOGNIZING THE CITY COMMISSION OF THE CITY OF SARASOTA FOR THEIR UNFAILING SUPPORT OF THE COMAISSION-AANAGER FORM OF GOVERNMENT CD 6:15 through 6:18 Mayor Mason requested that Commissioner Martin join her before the Commission table for the presentation. Commissioner Martin stated that representing the City at the recent Florida City and County Management Association Conference held in the City was a source of pride; that the Commission was recognized by a Joint Proclamation from the Florida City and County Management Foundation and the International City/County Management Association for unfailing support of the continuance of the City's Commission-Wanager Form of Government; and read and presented the Joint Proclamation to the Mayor. Mayor Mason received the Joint Proclamation on behalf of the Commission. 4. PRESENTATION RE: THE GREATER DOWNTOWN SARASOTA ACTION TEAM AS THE SECOND-PLACE RECIPIENT OF THE NEIGHBORHOOD OF THE YEAR AWARD FOR THE BRUSH-UP SARASOTA PROGRAM BY NEIGHBORHOODS USA (NUSA) AT THE ANNUAL NUSA CONFERENCE ON MAY 18, 2002 CD 6:18 through 6:23 Mayor Mason requested that Michael Raposa, Director of Neighborhoods, Jennifer and Charles Wilson, Sandra Vaughn, and Linda Holland, Greater Downtown Sarasota Action Team (GDSAT), join her and the Commission at the Commission table; and stated that the annual Neighborhoods USA (NUSA) Conference was held the week of May 13, 2002; that the second-place recipient of the Neighborhood Program of the Year Award in the submitted award category was GDSAT for the Brush-Up Sarasota Program; that GDSAT's efforts are appreciated; and on behalf of the Commission, congratulated the GDSAT members for the award. Mr. Raposa stated that NUSA has been in existence for over 30 years, helping neighborhoods organize and working with grassroots organizations to strengthen local communities and make governments stronger; that the category for which GDSAT received the award is for a multi-neignborhoa project; that NUSA presents awards in three categories; that cities and towns in the State were awarded second place in two of the three categories, indicating the strength of the neighborhood movement in the State. Ms. Wilson stated that the success of the Brush-Up Sarasota Program is due to the 325 volunteers who assisted with the Brush- Up Sarasota Program by taking the time to paint houses and coordinate the effort; that the assistance of Rhonda Maley, Administrative Assistant, Department of Neighborhoods, in completing the application is appreciated; that the Brush-Up Sarasota Program is a joint program comprised of employers and a volunteer council; that 20 homes were painted in 2000 and another 20 in 2001 during the Brush-Up Sarasota Program in the Park East, Gillespie Park, Rosemary District, and Newtown neighborhoods as well as in other parts of the County; that the next Brush-Up Sarasota Program will be held in October 2002; that a three-tier program is offered: 1) discounted paint of $4 per gallon for a City neighborhood resident, 2) free paint if the resident can perform the painting, or 3) painting the house by volunteers; that volunteers are from social services groups, community groups, churches, schools, code enforcement, etc.; that everyone in the community helped. Mayor Mason stated that the Brush-Up Sarasota Program is a true testament to partnership and the success which can be achieved through partnerships; that the Commission is committed to the neighborhoods and is excited GDSAT received the award; that GDSAT is encouraged to continue with the excellent work; that the hard work of GDSAT making the City a better place is recognized; that GDSAT is appreciated and thanked. 5. PRESENTATION RE: : CERTIFICATES OF APPRECIATION TO GEORGIA NICHOLSON, ROBERT BRACHLE, GLENDA MOCK, DONALD SABA, ROBERT LINDSAY, AND SANDRA VAUGHN FOR SERVING ON CITY ADVISORY BOARDS CD 6:23 through 6:25 Mayor Mason requested that the Commission and the following City Advisory Board members join her and the Commission at the Commission table: Member Advisory Board Georgia Nicholson Board of Adjustment Glenda Mock Nuisance Abatement Board Robert Lindsay Planning Board/Local Planning Agency Sandra Vaughn Planning Board/Local Planning Agency BOOK 51 Page 23320 06/03/02 6:00 P.M. BOOK 51 Page 23321 06/03/02 6:00 P.M. Vice Mayor Palmer stated that the volunteer services of the Advisory Board members are greatly appreciated; and read and presented each Advisory Board member with a Certificate of Appreciation in recognition of the years of service on the City's Advisory Boards and the commitment and support of the City; that Donald Saba who served as a member of the Planning Board/Local Planning Agency is also recognized and a Certificate of Appreciation will be sent to Mr. Saba; that Robert Brachle, who formerly served on the Citizens with Disabilities Advisory Board, is unfortunately unable to attend due to illness and will also be sent a Certificate of Appreciation. 6. CHANGES TO THE ORDERS OF THE DAY - APPROVED CD 6:25 through 6:28 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Consent Agenda No. 1, Item No. III-A-9, Approval Re: Second Addendum to Lease Agreement between the City of Sarasota and Coastal Behavioral Healthcare, Inc., concerning refinancing of Coastal's outstanding debt with the conditions that neither the remaining debt nor the remaining amortization would be increased, per the request of City Manager McNees. B. Remove Consent Agenda No. 2, Item No. III-B-2, Adoption Re: Proposed Resolution No. 02R-1507, appropriating $5,400 from the Special Law Enforcement Trust Fund (110- 070) to provide matching funds for a $25,000 Grant from the Department of Juvenile Justice; etc., per the request of Acting Police Chief Whitehead. C. Add under Consent Agenda No. 2, Item No. III-B-4, Adoption Re: Proposed Resolution No. 02R-1508, certifying that the Wings Academy and the Ringling School of Art and Design are consistent with the Sarasota City Plan and the City of Sarasota Zoning Code (2002); etc., per the request of Downtown Redevelopment Director Hartman. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to approve the Changes to the Orders of the Day. Vice Mayor Palmer asked the reason Consent Agenda No. 1, Item No. III-A-9, concerning the Second Addendum to the Lease Agreement between the City and Coastal Behavioral Healthcare, Inc., and Consent Agenda No. 2, Item No. III-B-4, concerning proposed Resolution No. 02R-1508, were added to the Agenda under Changes to the Orders of the Day? City Manager McNees stated that the information concerning Coastal Behavioral Healthcare, Inc., was received prior to the Agenda deadline; that the minutes of the May 20, 2002, Regular Commission were reviewed; that the Commission was advised the item concerning Coastal Behavioral Healthcare, Inc., would be on the Agenda, which was not recalled prior to the Agenda deadline; that additionally, the real closing on the property is time sensitive; that a critical deadline of filing with the State for tax credits is involved with proposed Resolution No. 02R-1508. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. 7. APPROVAL RE: MINUTES OF THE JOINT SARASOTA CITY COMMISSION AND COUNTY COMMISSION SPECIAL MEETING OF MAY 7, 2002 AND REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 20, 2002 = APPROVED (AGENDA ITEM I-1, -2) CD 6:28 through 6:29 Mayor Mason asked if the Commission had any changes to the minutes Joint Sarasota City Commission and County Commission Special meeting of May 7, 2002? Mayor Mason stated that hearing no changes, the minutes of the Joint Sarasota City Commission and County Commission Special meeting of May 7, 2002, are approved by unanimous consent. Mayor Mason asked if the Commission had any changes to the minutes of the Regular Sarasota City Commission meeting of May 20, 2002? Vice Mayor Palmer stated that the minutes as revised by the Office of the City Auditor and Clerk and distributed as a change in the Agenda backup material are acceptable. Mayor Mason stated that hearing no other changes, the minutes of the Regular Sarasota City Commission meeting of May 20, 2002, are approved by unanimous consent with changes as distributed. BOOK 51 Page 23322 06/03/02 6:00 P.M. BOOK 51 Page 23323 06/03/02 6:00 P.M. 8. BOARD ACTIONS RE: : REPORT RE: : PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF MAY 1, 2002 = RECEIVED REPORT (AGENDA ITEM II-1) CD 6:29 through 6:33 Robert Lindsay, former Chair of the Planning Board/Local Planning Agency (PBLP), and Michael Taylor, Deputy Director of Planning, came before the Commission. Mr. Lindsay presented the following item from the May 1, 2002, Regular PBLP meeting: Transportation-Related Impact Fees Mr. Lindsay stated that the PBLP voted 4 to 1 to request the Commission discuss the Interlocal Agreement with the County concerning transportation-related impact fees; that the use of tramspertation-relatad impact fees should be reviewed; that an application presented to the PBLP included a recommendation from Engineering Staff for the Applicant to fund certain changes to traffic light signalization in the area; that the Applicant accurately indicated the funding should be provided through the tranpertation-related impact fees paid by the Applicant; however, the County requires impact fees be used to add traffic lanes; that the PBLP is of the opinion use of transportation- related impact fees only for adding traffic lanes may not be the most appropriate method to handle traffic problems; that the City is already built-out; that the County is primarily considering new development; that tramsportatio-related impact fees should be available and utilized for more than just adding asphalt in fairness to property Owners, applicants, and City residents. Commissioner Quillin agreed; and stated that some changes providing more latitude have been negotiated with the County; that alternative methods of handling traffic Downtown should be explored. Vice Mayor Palmer stated that at the May 17, 2002, annual goal- setting Workshop, the Commission directed the Administration to review all Interlocal Agreements; that the PBLP's interest is appreciated. Mr. Lindsay stated that the City's interest is not in adding numerous traffic lanes as the City is built-out; that the limitation in the use of tramsportation-related impact fees unduly restricts the City. On motion of Commissioner Martin and second of Commission Servian, it was moved to receive the board report of the May 1, 2002, Regular PBLP meeting. Motion carried unanimously (5 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 9. BOARD ACTIONS RE: REPORT RE : HISTORIC PRESERVATION BOARD' S REGULAR MEETING OF MAY 14, 2002 = RECEIVED REPORT (AGENDA ITEM II-2) CD 6:33 through 6:43 Christopher Wenzel, Chair of the Historic Preservation Board, and John Burg, Chief Planner, Planning Department, came before the Commission. Mr. Wenzel reported the following item from the May 14, 2002, Regular meeting of the Historic Preservation Board: Gifts from God Mr. Wenzel stated that Staff made a presentation to the Historic Preservation Board concerning the land use and possible lease of some of the property adjacent to the City Waterworks Building to Gifts from God; that a Request for Proposal (RFP) is being developed for an adaptive reuse of the City Waterworks Building; that an extensive discussion occurred concerning the effect of the use of the land for the purpose proposed by Gifts from God on the results of the RFP for possible restoration, reuse, and historic preservation of the City Waterworks Building; that the Historic Preservation Board is primarily concerned with the successful use and restoration of the City Waterworks Building and property; that the Historic Preservation Board voted unanimously 5 to 0 to recommend the Commission postpone execution of the lease agreement with Gifts from God until the RFP responses are received sO a determination of compatibility can be made; that the use of the entire property should be considered; that the City Waterworks Building is located on a large site of City-owned property. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to receive the report of the May 14, 2002, Regular Historic Preservation Board meeting and accept the recommendations of the Historic Preservation Board. BOOK 51 Page 23324 06/03/02 6:00 P.M. BOOK 51 Page 23325 06/03/02 6:00 P.M. Vice Mayor Palmer stated that an action has been taken by the Commission which is progressing; that the RFP concerning the City Waterworks Building should clearly indicate any possible uses in the surrounding area, which may have an impact on the type of responses to the RFP; that the Commission should be open about the future of the area; that placing an action previously approved by a majority of the Commission on hold is a concern; that receiving the report is supported; however, accepting the recommendation is a concern. Mayor Mason agreed; and stated that the Commission previously took action; that the RFP was reviewed and does not include a mention of the use of the adjacent land by or negotiations with Gifts from God; that the previous decision of the Commission to negotiate with Gifts from God is supported. Commissioner Servian stated that the responses to the RFP may have a different perspective; that the status of the lease negotiations with Gifts from God should be indicated in the RFP; that the RFP was reviewed; that the possible lease with Gifts from God was not mentioned; that the City is moving forward with negotiating the lease with Gifts from God. Commissioner Quillin stated that the City has an obligation to the City Waterworks Building, which is a viable piece of property and on which action should be taken quickly; that the hope is responses to the RFP will include restoration of the City Waterworks Building; that the Commission is requested to remain open to additional ideas; that a lease with Gifts from God for the adjacent property may not be in the best interest of the City or the City taxpayers; that many organizations have indicated a willingness to work with Gifts from God to identify property which could be used; that the City is not obligated to Gifts from God; that if SO, other organizations will request property from the City; that entering into a lease with Gifts from God on the property adjacent to the City Waterworks Building is not a good precedent; that the best interests of the City Waterworks Building should be considered; that a good project should be attracted to save an historic building; that discouraging an excellent project due to the lease of the adjacent property to Gifts from God is not appropriate; that neighbors of the City Waterworks Building, specifically WWSB-TV Channel 40, and Pines of Sarasota, are not happy with the prospect of Gifts from God leasing the property; that the lease with Gifts from God can be discussed at another time; that the interest is to assure a good project for the City Waterworks Building. Vice Mayor Palmer agreed the interest is to assure a good project for the City Waterworks Building and stated that the quality and quantity of the responses to the RFP may be affected by activities in the neighborhood; that the process of negotiation of the lease agreement should proceed; that the potential lease to Gift from God should be resolved; that the recommendation of the Historic Preservation Board is understood; however, postponing negotiations concerning the lease could have a negative rather than a positive effect on the types of responses to the RFP; that the City should move forward with both the lease agreement with Gifts from God and the RFP. City Manager McNees stated that continuing negotiations or placing the lease negotiations on hold will not impact the RFP for the City Waterworks Building; that either a lease will be negotiated or an obligation to negotiate a lease will be on hold; that any action by the City in the neighborhood will be fully disclosed; that deferring or continuing to negotiate the lease with Gifts from God will not materially affect the RFP unless the Commission reaches a resolution prior to receipt of the RFP responses, which is possible but not probable; that the Commission can take whichever action preferred. Mayor Mason called for a vote on the motion to receive the report of the May 14, 2002, Regular Historic Preservation Board meeting and accept the recommendations of the Historic Preservation Board. Motion failed (4 to 1): Martin, no; Palmer, no; Quillin, yes; Servian, no; Mason, no. On motion of Commissioner Martin and second of Vice Mayor Palmer, it was moved to receive the report of the May 14, 2002, Regular meeting of the Historic Preservation Board. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 10. CONSENT AGENDA NO. 1:ITEM NOS. 1, 2, 3, 5, 7, AND 9 APPROVED ; ITEM NO. 4 AND 6 - REMOVED FOR DISCUSSION AS AGENDA ITEMS VII-1 AND -2; ITEM NO. 8 - REMOVED FOR DISCUSSION AS AGENDA ITEM VIII-1 (AGENDA ITEM III-A) CD 6:43 through 6:45 Commissioner Servian requested that Item No. 4 be removed for discussion. Commissioner Martin requested that Item No. 6 be BOOK 51 Page 23326 06/03/02 6:00 P.M. BOOK 51 Page 23327 06/03/02 6:00 P.M. removed for discussion. Commissioner Quillin requested that Item No. 8 be removed for discussion. City Auditor and Clerk Robinson stated that Item Nos. 4 and 6 will be discussed as Agenda Items VII-1 and -2; that Item No. 8 will be discussed as Agenda Item VIII-1. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Certification of Lands for Sarasota County to grant the U.S. Army Corps of Engineers (USACE) with funding to perform the New Pass Navigation Maintenance Dredging 2. Approval Re : Authorize the Mayor to sign a letter requesting enactment of new authorization for Lido Beach Nourishment Project 3. Approval Re: Metropolitan Planning Organization (MPO) Major Transportation Improvement Projects (TIP), Congestion Management System (CMS) and Transportation Enhancement (TE) Projects Priority Lists 5. Approval Re: Authorize the Mayor to execute the Second Renewal to the Agreement between the City of Sarasota and Legette, Brashears & Graham, Inc., (RFP #00-40H) for consulting hydrogeological and engineering services for an additional one-year period 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Contract between the City of Sarasota and the first ranked firm, Purvis, Gray & Company to provide certified public accounting services for auditing of financial statements for the fiscal year ending September 30, 2002, and for each of the two subsequent fiscal years 9. Approval Re: Second Addendum to Lease Agreement between the City of Sarasota and Coastal Behavioral Healthcare, Inc., concerning refinancing of Coastal's outstanding debt with the conditions that neither the remaining debt nor the remaining amortization would be increased On motion of Commissioner Martin and second of Commissioner Servian, it was moved to approve Consent Agenda No. 1, Items Nos. 1, 2, 3, 5, 7, and 9. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 11. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1505) ADOPTED ; ITEM 3 (ORDINANCE NO. 02- 4375) = ADOPTED ; AND ITEM 4 (RESOLUTION NO. 02R-1508) - ADOPTED; ITEM 2 REMOVED UNDER CHANGES (AGENDA ITEM III -B) CD 6:45 through 6:49 1. Adoption Re: Proposed Resolution No. 02R-1505, amending the Rules of Procedure for City Commission Meetings involving Quasi-Judicial Land Development Applications, adopted by Resolution 99R-1134 by updating the list of codes and plans incorporated into the public hearing record, as indicated in Exhibit "A" hereof; setting forth findings; etc., (Title Only)- 3. Adoption Re: Proposed Ordinance No. 02-4375, amending the Zoning Code (1998 ed.) with respect to the procedures of the Public Art Committee relating to tie votes; setting forth findings; repealing ordinances in conflict; etc., (Title Only) (Application No. 02-ZTA-03, Applicant City of Sarasota) . 4. Adoption Re: Proposed Resolution No. 02R-1508, certifying that the Wings Academy and the Ringling School of Art and Design are consistent with the Sarasota City Plan and the City of Sarasota Zoning Code, (2002); etc. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1507 in its entirety and proposed Ordinance No. 02-4375 and Resolution No. 02R-1505 by title only. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 3 and 4. 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 BOOK 51 Page 23328 06/03/02 6:00 P.M. BOOK 51 Page 23329 06/03/02 6:00 P.M. will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and for the benefit of those present in the Chambers, repeated 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. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED SOUTH POINSETTIA PARK TRAFFIC CALMING MASTER PLAN DEVELOPED BY TASK FORCE COMMITTEE FOR CONSTRUCTION OF SPEED TABLES ON HYDE PARK STREET BETWEEN U.S. 41 AND OSPREY AVENUE APPROVED (AGENDA ITEM IV-A-1) CD 6:50 through 6:58 Mayor Mason referred to the Agenda request form included in the Agenda backup material indicating the proposed Poinsettia Park Traffic Calming Master Plan developed by the Task Force Committee for construction of speed tables on Hyde Park Street between US 41 and Osprey Avenue and stated that a public hearing was held at the May 20, 2002, Regular Commission meeting; that Staff was directed to contact neighborhood residents and report back. Mayor Mason reopened the public hearing and requested that Staff come forward for the City's presentation. Alexandrea Davis-Shaw, Deputy Director of Engineering/Deputy City Engineer, came before the Commission and stated that South Poinsettia Park and North Extension Area's Traffic Calming Master Plan is to construct two speed tables on Hyde Park Street between US 41 and Osprey Avenue; that the property owners of the affected segment of Hyde Park Street have been surveyed. Ms. Davis-Shaw distributed a chart of the survey results and stated that 15 individuals responded to the survey with 10 supporting and 5 opposing the speed tables; that the properties are grouped on the chart as comme: rcial, owner-occupied, and rental properties as well as vacant lots. The following person came before the Commission: Kathie Moon, 1884 Hyde Park Street (34239), stated that the previous public hearing was not attended due to a family emergency; that the proposed traffic calming tables for the 1900 and 1800 blocks of Hyde Park Street are supported; that traffic from Hillview Street creates a speeding problem for the Hyde Park Street neighborhood; that pets and children should be protected from speeding vehicles; that a pet was recently hit in the 1900 block of Hyde Park Street; that the two-block area is utilized as a cut-through between US 41 and Osprey Avenue; that an additional cut-through to US 41 and Osprey Avenue is from Hillview Street to Laurent Place to Hyde Park Street; that traffic does not always obey the stop signs; that the design of the proposed speed tables is desirable; that neighbors are supportive of the proposed speed tables; that two new houses currently under construction and four vacant rentals on Hyde Park Street are not reflected in the survey; that two small apartment complexes with 14 or 15 occupants were not surveyed. Commissioner Quillin asked if a three-way stop sign exists at the intersection of Hyde Park Street and Laurent Place? Ms. Davis- Shaw stated yes. Commissioner Quillin stated that the three-way stop sign is essential to the placement of the speed tables to maintain the speed limit. There was no one else signed up to speak and Mayor Mason closed the public hearing On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to approve the Traffic Calming Master Plan and authorize the Engineering Department to have two speed tables constructed on Hyde Park Street between US 41 and Osprey Avenue. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yesi Mason, yes. Commissioner Quillin stated that a chart of the survey results is desired for future traffic calming studies; that follow-up by Staff and the neighborhood is appreciated. Ms. Davis-Shaw stated that direction concerning charts of survey results from the Commission is requested. BOOK 51 Page 23330 06/03/02 6:00 P.M. BOOK 51 Page 23331 06/03/02 6:00 P.M. Mayor Mason stated that a survey results chart should be provided to the Commission for future petitions for traffic calming measures. Vice Mayor Palmer and Commissioners Martin and Servian agreed. Mayor Mason stated that hearing the Commission's agreement, survey results charts will be provided with future petitions for traffic calming measures. Commissloner Quillin stated that the chart is clear and inclusive of commercial, owner-occupied, and rental properties; that residents of the apartment complexes should have been surveyed; that more public participation should be assured for future traffic calming areas. 13. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 02-4383, AMENDING THE FUTURE LAND USE CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA (A/K/A THE SARASOTA CITY PLAN [1998]) TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF A + 2.84 ACRE PARCEL OF VACANT PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE SOUTH TAMIAMI TRAIL AND PROSPECT STREET AND HAVING A STREET ADDRESS OF 1250 SOUTH TAMIAMI TRAIL FROM THE "SINGLE FAMILY MODERATE DENSITY" AND "COMMUNITY COMMERCIAL" FUTURE LAND USE CLASSIFICATIONS TO THE "COMMUNITY OFFICE INSTITUTIONAL" CLASSIFICATION, ; ETC. (TITLE ONLY) (APPLICATION NO. 01-PA-06, APPLICANT JOEL J. FREEDMAN, AICP, FREEDMAN CONSULTING GROUP, INC. AS AGENT REPRESENTING 1224 HOLDINGS, LTD., AS OWNER) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) CD 6:58 through 7:08 Mayor Mason referred to the Agenda request form included in the Agenda backup material indicating proposed Ordinance No. 02-4383 is to amend the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) in accordance with privately-initiated Plan Amendment Application No. 01-PA-06 to change the designation of a + 2.84 acre parcel from the Single Family Moderate Density and the Community Commercial to the Community Office/Institutional Land Use Classification. Mayor Mason opened the public hearing and requested that Staff come forward for the City's presentation. Allen Parsons, Senior Planner II, Planning Department, came before the Commission, referred to the Existing Land Use Plan Map displayed on the Chamber monitors indicating the subject property, and stated that adoption of the amendment to the City's Comprehensive Plan to allow construction of the proposed Price Medical Office; that Plan Amendment Application No. 01-PA-06 as incorporated in proposed Ordinance No. 02-4383 will change the Future Land Use Classification of a + 2.84 acre parcel from the Single Family - Moderate Density and the Community Commercial to the Community Otfice/Institutional Land Use Classification for the property which is located at the northwest intersection of South Tamiami Trail and Prospect Street; that at its March 18, 2002, Regular meeting, the Commission held a public hearing and adopted Resolution No. 02R-1473 to transmit the proposed amendment to the Future Land Use Map to the Florida Department of Community Affairs (DCA); that Staff requested the DCA not conduct a formal review of the amendment at this time; that the DCA indicated a formal review is not necessary for the proposed amendment to the City's Comprehensive Plan prior to adoption by the City; that Staff recommends approval of proposed Ordinance No. 02-4383; that companion rezoning and site plan applications for a 45,620-square-Eoot office facility have been filed and are scheduled for a public hearing at the June 5, 2002, regular meeting of the Planning Board/Local Planning Agency (PBLP); that the schedule is as follows: adoption of proposed Ordinance No. 02-4383, second reading of the ordinance in two weeks, transmission to the DCA for a 45 day review, and completion of the 21 day challenge period; that the amendment should become effective mid to late August 2002. Commissioner Servian asked for clarification of the non-buildable 40-foot strip west and immediately adjacent to property currently in the Commercial Park (CP) Zone District. Mr. Parsons stated that the 40 foot wide strip is designated in the Single Family - Low Density Land Use Classification on the Future Land Use Mapi however, the reason for the designation is not known. Commissioner Servian stated that the 40 foot wide strip is not compatible with single-family development. Mr. Parsons stated that is correct; that the 40 foot wide strip is currently in the RSF-2 Zone District; that the proposal is to rezone only a portion of the 40 foot wide strip. BOOK 51 Page 23332 06/03/02 6:00 P.M. BOOK 51 Page 23333 06/03/02 6:00 P.M. Commissioner Servian asked if the City would receive additional tax benefits by rezoning the entire 40 foot wide strip? Mr. Parsons stated that a response is unknown; that the 40 foot wide strip will be used as a buffer and could not be used as retail space with parking as the entire strip is not in the same zone district. Commissioner Servian stated that the taxable value of the portion of the 40 foot wide strip remaining in the RSF-2 Zone District is the concerni that the vacant 40 foot wide strip has very little taxable value; that the City could collect a higher tax rate on the 40 foot wide strip if the entire strip were rezoned. Mr. Parsons stated that the Applicant understands taxable value; that the Applicant's intent is to leave a buffer on the 40 foot wide strip adjacent to the residential area west of the property; that the Applicant will be able to rezone the property from the Commercial Park (CP) to the Office Park (OP) Zone District to construct a medical office facility by changing the Future Land Use Classification. Commissioner Quillin stated that a prior rezoning of a parcel west of the Walgreens store on the corner of Bahia Vista Street and South Tamiami Trail was a concern to the neighborhood residents; that the parcel currently has a buffer adjacent to a stormwater retention pond; that the neighborhood insisted on the buffer; that rezoning a parcel of property from the RSF-2 to the Commercial Park (CP) Zone District allows construction under the new Zoning Code (2002 ed.). Mr. Parsons stated that rezoning and site plan applications for a 45,620-square-toot office facility have been filed. Mayor Mason requested the Applicant come forward. Joel Freedman, AICP, Freedman Consulting Group, came before the Commission and stated that Freedman Consulting Group represents 1224 Holdings, Ltd., and Ben and Barbara Price; that the request is to rezone the main parcel from the Commercial Park (CP) Zone District and a portion of 40 foot wide strip from the RMF-2 Zone District to Office Park (OP) Zone District; that discussions with the neighborhood residents near the property resulted in a compromise of utilizing the western portion of the property as a buffer; that rezoning the parcel will increase the taxable value of the 40 foot wide strip for the Cityi that the project is significant; that the Applicants are excited and desire to move forward with the project; that the project does not have regional significance; that the DCA is allowing the City to make the decision regarding the City's Comprehensive Plan. Mayor Mason stated that no interested persons have signed up to speak and closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4383 by title only. On motion of Vice Mayor Palmer stated and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 02-4383 on first reading. Mayor Mason 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; Servian, Martin, yes. Mayor Mason requested that Attorney Sarah Schenk, City Attorney's Office, explain the quasi-judicial public hearing process. Attorney Schenk stated that two quasi-judicial public hearings are scheduled; that both public hearings concern rezonings with proffered site plans; that the requirements of quasi-judicial public hearings were defined by the judicial process; that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that the recommendation is to allow ten minutes for the Applicant's and the City's presentations and three minutes for rebuttal; that no one has filed for status as an Affected Person concerning either application; 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; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. Mayor Mason stated that hearing the Commission's agreement, the time limits are approved. 14. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO 02-4384, TO REZONE A t .24 ACRE PARCEL FROM THE COMMERCIAL INTENSIVE (CI) ZONE DISTRICT TO THE COMMERCIAL CENTRAL BOOK 51 Page 23334 06/03/02 6:00 P.M. BOOK 51 Page 23335 06/03/02 6:00 P.M. BUSINESS DISTRICT (C-CBD) ZONE DISTRICT TO ALLOW TWO (2) BUILDINGS GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FIFTH STREET AND CENTRAL AVENUE, A/K/A 1386 FIFTH STREET AS MORE PARTICULARLY DESCRIBED HEREIN, : APPROVING SITE PLAN 02-SP-14 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 02-RE-06 AND 02-SP-14, APPLICANT BRUCE E. FRANKLIN, LAND RESOURCE STRATEGIES, INC. AS AGENT REPRESENTING DANIEL R. POCHEDLEY, AS OWNER) CONTINUED TO THE JUNE 17, 2002, REGULAR COMMISSION MEETING (AGENDA ITEM IV-B-1) CD 6:58 through 7:10 Mayor Mason referred to the Agenda Request Form included in the Agenda backup material indicating Rezoning Application No. 02-RE- 06 and Site Plan Application No. 02-SP-14 as incorporated in proposed Ordinance No. 02-4384 is to rezone a + .24 acre parcel located on the southwest corner of Fifth Street and Central Avenue with a street address of 1386 Fifth Street from the Commercial, Intensive (CI) to the Commercial, Central Business District (C-CBD) Zone District; that the Applicant is Bruce Franklin, President of LRS Land Resource Strategies, Inc. (LRS), agent for Daniel Pochedley, owner. Mayor Mason requested the Commissioner ex parte communications, if any, be disclosed. Mayor Mason, Vice Mayor Palmer, and Commissioners Martin, Quillin, and Servian stated that no ex-parte communications have occurred. Attorney Connolly referred to a May 20, 2002, letter included in the Agenda backup material from Bruce Franklin, agent for the owner, requesting the public hearing be continued; that opening the hearing and continuing the public hearing to the June 17, 2002, Regular Commission meeting is suggested; however, individuals who have signed up to speak and are not willing or able to come to the June 17, 2002, Regular Commission meeting, if any, should be heard. Mayor Mason opened the public hearing and there was no one signed up to speak. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to continue the public hearing regarding proposed Ordinance No. 02-4384 to the June 17, 2002, Regular Commission meeting. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 15. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4385, TO REZONE REAL PROPERTY FROM THE MULTIPLE - FAMILY- RESIDENTIAL-3 (RMF-3) ZONE DISTRICT TO THE COMMERCIAL CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT TO ALLOW AN OFFICE BUILDING GENERALLY LOCATED ON THE SOUTHEAST CORNER OF FRUITVILLE ROAD AND WALLACE AVENUE, A/K/A 2062 FRUITVILLE ROAD AND 220 WALLACE AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN 02-SP-18 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 02-RE-07 AND 02-SP-18, APPLICANT JOEL FREEDMAN, AICP, FREEDMAN CONSULTING GROUP, INC. AS AGENT REPRESENTING SANFORD COHEN, AS OWNER) - PASSED ON FIRST READING (AGENDA ITEM IV-B-2) CD 7:10 through 7:25 Mayor Mason referred to the Agenda Request Form included in the Agenda backup material indicating Rezoning Application No. 02-RE- 07 and Site Plan Application No. 02-SP-18 as incorporated in proposed Ordinance No. 02-4385 is to rezone property located at the southeast corner of Fruitville Road and Wallace Avenue with a street address of 2062 Fruitville Road and 220 Wallace Avenue from Multi-Family Residential-3 (RMF-3) to Commercial, Central Business District (C-CBD) Zone District; that the Applicant is Joel Freedman, AICP, Freedman Consulting Group, Inc., agent for Sanford Cohen, as owner. Mayor Mason requested that Commissioner ex parte communications, if any, be disclosed. Vice Mayor Palmer stated that the site was visited in the past. Commissioner Quillin stated that the site has been driven past. Mayor Mason and Commissioners Martin and Servian stated that no ex parte communications have occurred. Mayor Mason opened the public hearing and requested that the Applicant come forward. BOOK 51 Page 23336 06/03/02 6:00 P.M. BOOK 51 Page 23337 06/03/02 6:00 P.M. Joel Freedman, AICP, Freedman Consulting Group, Inc. representing the owner and president of Design Marketing Group (DMR), I and Sanford Cohen, owner of DMR, came bef fore the Commission. Mr. Freedman referred to the proposed site plan displayed on the Chamber monitors and stated that the property is currently designated in the Central City Land Use Classification on the Future Land Use Map; that the property is located in the southeast quadrant of the Wallace Avenue and Fruitville Road intersection; that the request is to rezone the property from the Multi-Family Residential-3 (RMF-3) to the Commercial, Central Business District (C-CBD) Zone District consistent with the property's Central City Land Use Classification; that a site plan is proffered to guarantee compatibility with the neighborhood; that the property is under 14,000 square feet in size; that the building is as close to Fruitville Road as practical; that a sidewalk will connect the front of the building to the sidewalk on Fruitville Road; that 14 parking spaces will be constructed to support the building; that a drainage area will be constructed; that the building is designed around existing trees; that a buffer will be installed along Fruitville Road with a fence on the eastern side of the property; that access to the property will be from Wallace Avenue; that no access will be provided from Fruitville Road; that the parcel will be consolidated into a single zoned lot and developed as a single-story, metal-roof office building with 3,000 square feet of floor area; that the intensity allowed in the C-CBD Zone District may be a concern; however, the proffered site plan does not allow further changes unless approved by the Commission; that a future owner would have to follow the public hearing process to amend the rezoning ordinance as well as the site plan; that the Applicant agreed to the changes recommended by Staff; that the Applicant is excited about owning his own building. Commissioner Servian asked the anticipated number of employees? Mr. Cohen stated that seven people are currently employed by DMR. Commissioner Servian asked if any of the employees currently live in the downtown area and if a bicycle rack is provided in the parking area? Mr. Freedman stated that one employee lives in the downtown area; that bicycle racks will be provided. Commissioner Quillin stated that providing bicycle racks was discussed before the Planning Board/Local Planning Agency (PBLP). Mr. Freedman stated that the transportation study required the bicycle rack which will be located on the Wallace Avenue side of the property; that employees will be encouraged to use alternate modes of transportation; that few clients actually come to the office; that the majority of appointments with clients are away from the office. Commissioner Quillin stated that the properties on East Avenue adjacent to the subject property are apartment complexes; that the fence is a necessary buffer. Vice Mayor Palmer stated that approving the rezoning to the C-CBD Zone District is a concern; that the City evaluates vested interests in rezoning to the C-CBD Zone District; that the concern for compatibility is appreciated; that rezoning the property to the C-CBD Zone District is not consistent with other areas of the community; that future applications for the C-CBD Zone District will be evaluated carefully; that vested rights based on the current zoning are granted in the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020); that the single- story building and compatibility with the neighborhood is appreciated; that the application is supported based on the proffer by the Applicant. Mr. Freedman stated that the Downtown Master Plan 2002 lowers the intensity of the parcel which can be utilized to control the ultimate 50-year development of the property. Vice Mayor Palmer stated that rezoning to the C-CBD Zone District should not automatically give a vested right to develop to a height of 180 feet. Commissioner Quillin stated that the area near the property is family orientated and beautiful; that the development is wonderful; that the neighborhood compatibility incorporated in the project is appreciated. BOOK 51 Page 23338 06/03/02 6:00 P.M. BOOK 51 Page 23339 06/03/02 6:00 P.M. 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 the City's Comprehensive Plan includes certain action strategies to review compatibility of amendments to a site plan with major modifications; and referred to Action Strategy (A.S.) 1.1, Future Land Use Chapter, City's Comprehensive Plan, which controls as follows: A.S. 1.1 Long Range: The Sarasota City Plan is a long range plan that envisions future land use decisions occurring throughout its planning time frame and not necessity immediately upon its adoption. Ms. Murphy continued that the maximum capacity on the zoning lot is never guaranteed; and referred to A.S. 3.2, Future Land Use Chapter, City's Comprehensive Plan, which controls as follows: A.S. 3.2 Consistency With Other Sarasota City Plan Components: All rezonings and conditional uses shall be consistent with the future land use map. However, consistency with the future land use map does not equate to being consistent with the Sarasota City Plan in total. Rather, an "on- balance" consistency finding shall consider all components of the Sarasota City Plan that are relevant to the request. Ms. Murphy further stated that consistency with the City's Comprehensive Plan may not be found even if a project is consistent with the Future Land Use Map; that development trends and existing uses in a specific area will be evaluated and could be used as a finding of fact; that the Applicant proffered a low- intensity office use with the site plan and has worked extensively with Staff to address a concern regarding a blank wall façade; that a nice entrance with a pedestrian footpath over the linear retention portion connecting to the existing sidewalks has been added; that parking has been placed behind the building; that the attempt to achieve compatibility with the neighborhood has been accomplished. Ms. Murphy continued that the proposed use provides a transition from residential development and allows an easing into the C-CBD Zone District with one and two-story buildings while still protecting the surrounding residential uses; that the traffic along Fruitville Road is heavy; that the area has lost desirability for residential development; that at its May 1, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found Rezoning Application No. 02-RE- 07 and Site Plan Application No. 02-SP-18 as incorporated in proposed Ordinance No. 02-4385 consistent with the City's Comprehensive Plan, the standards for review set forth in the Zoning Code (1998 ed.), and the Tree Protection Ordinance, and voted unanimously to recommend Commission approval of proposed Ordinance No. 02-4385 subject to the following conditions: 1. The site development and construction plans shall be in conformity with the plans labeled "Wallace Avenue Office Building" date stamped received by the Planning and Development Department on April 18, 2002. 2. The pitched metal roof proposed for the building shall be permissible if the proposed Zoning Code (2002 Ed.) is adopted inclusive of amendments to the Fruitville Gateway Corridor Overlay District regulations. Vice Mayor Palmer stated that the supporting information is appreciated; that future similar applications should be evaluated carefully by Staff. 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 anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4385 by title only. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4385 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried BOOK 51 Page 23340 06/03/02 6:00 P.M. BOOK 51 Page 23341 06/03/02 6:00 P.M. unanimously (5 to 0): Palmer, yes; Quillin, yesi Servian, yes Martin, yes; Mason, yes. 16. PRESENTATION RE: UPDATE ON THE SARASOTA COUNTY ENVIRONMENTALLY SENSITIVE LANDS PROTECTION PROGRAM (AGENDA ITEM V-1) CD 7:25 through 7:37 Edward Freeman, Land Protection, The Nature Conservatory, and former employee of the Sarasota County Environmental Services, and Brooke Elias, Environmental Specialist III, Sarasota County Environmental Services, came before the Commission. Mr. Freeman referred to computer-generated slides of the Environmentally Sensitive Lands Protection Program displayed on the Chamber monitors and included in the Agenda backup material throughout the presentation and stated that the update of the Sarasota County Environmentally Sensitive Lands Protection Program is being presented at the request of Commissioner Martin; that the City Commission was supportive during the referendum for passage of the Sarasota County Environmentally Sensitive Lands Protection Program in 1999; that the City's support was appreciated; that the referendum for the Environmentally Sensitive Lands Protection Program was approved by all County voters in March of 1999, was passed by a two-to-one margin, and authorized a $.25 million ad valorem tax increase for 20 years and $53 million in bonds; that the selection of protected sites is based on criteria adopted by the Sarasota Board of County Commissioners; that the five criteria are: rarity, site manageability, connections to other environmentally preserved lands, and quality and protection of water resources; that the sites must have a willing seller for inclusion in the program. Mr. Freeman stated further that 18 sites were initially approved by the Environmentally Sensitive Lands Protection Program Advisory Board prior to the referendum; that the 18 sites included 85 parcels totaling 36,000 acres; that two additional sites have been added since the initial approval; that site nominations remain continually open; that 17 parcels totaling 4,795 acres have been acquired since the 1999 referendum; that the addition of nine parcels totaling 4,135 acres is currently pending. Mr. Freeman referred to a map of the Environmentally Sensitive Lands Protection Priority Sites displayed on the Chamber monitors and included in the Agenda backup material and stated that the map indicates sites protected prior to the referendum, sites acquired subsequently under the program, and futures sites for possible acquisition; that the map also indicates a pending conservation easement acquisition by the Southwest Florida Water Management District for development rights to protect the property in perpetuity, allow the agriculture to remain, and keep the property on the tax rolls; that $15 million has been invested in the program to acquire the 4,795 acres; that $8 million in matching funds from various State programs and outside sources has been contributed; that easement properties were donated by other conservation organizations; that the Environmentally Sensitive Lands Protection Program is respected throughout the State; that a County investment of $3.7 million is currently under contract with an additional $3 million of matching contributions, a majority of which was donated by the Florida Forever Preservation 2000 Program; that 34 percent of funds were matched for property already purchased; that 43 percent of funds were matched for property currently under contract. Mr. Freeman stated further that the City's support is appreciated; that several current Commissioners were running for election and supported the referendum at the time; that the City allowed the County to include information concerning the Environmentally Sensitive Lands Protection Program with water bills. Commissioner Martin stated that the referendum was a successful campaign; that the success of the implementation is impressive; that the projection appears ahead of schedule. Mr. Freeman stated that the program has been successful in property acquisitions; that almost 9,000 of the 36,000 acres has been acquired within two years of the 20-year program; that the program can purchase property at current market rates rather than future market rates; that The Nature Conservancy has been employed by the County as the acquisition agent to negotiate with property owners; that all parcels acquired have been for less than the appraised value. Commissioner Martin asked if The Nature Conservancy has a long- term contractual agreement with the County? Mr. Freeman stated that the length of the agreement with the County is unknown; that the County hired The Nature Conservancy rather than additional staff on a short-term basis. Commissioner Martin referred to the map of the Environmentally Sensitive Lands Protection Priority Sites and stated that the map BOOK 51 Page 23342 06/03/02 6:00 P.M. BOOK 51 Page 23343 06/03/02 6:00 P.M. indicates an establishment of a north/south, east/west corridor of acquisitions. Mr. Freeman stated that is correct; that the north/south corridor is adjacent to the Myakka River; that the east/west corridor extends from DeSoto County to Sarasota Bay. Commissioner Quillin asked the status of the Verna Flatwoods and Scrubs property located adjacent to the City-owned Verna Well Field property? Mr. Freeman stated that a proposal has been made to purchase the Verna Flatwoods and Scrubs property; however, the property is currently the subject of a legal dispute between the owners and cannot be sold until the lawsuit is resolved; that the property scored high on the water quality protection component of the program criteria due to the location next to the City's Verna Well Field. Commissioner Quillin stated that the Innovation Group's Governments Conference 2002 in Tucson, Arizona, was recently attended; that discussion was held concerning communities with environmentally sensitive land issues; that several Cities and Counties may be contacting The Nature Conservancy for information concerning the program; that representing the City was a source of pride. Vice Mayor Palmer stated that The Nature Conservancy efforts are appreciated; and asked if municipalities can recommend properties for consideration as environmentally sensitive. Mr. Freeman stated yes. Vice Mayor Palmer stated that some areas within the municipalities should be evaluated. Mr. Freeman stated that the nomination process of the program remains open; that properties can be nominated at any time; that owners, neighbors, or interested parties may nominate a site; that the site must have a willing seller; that all the nature preserve within the City of Venice has been acquired; that sites within the City of Sarasota can be considered. Commissioner Martin referred to a photograph of a Florida panther displayed on the Chamber monitors and included in the Agenda backup material and asked for additional comment. Mr. Freeman stated that the photograph of the Florida panther was taken by a remote-sensing camera near the Myakka River on property which has been preserved. Commissioner Quillin stated that other City/County attendees at the Innovation Group's Governments Conference 2002 in Tucson, Arizona, photographed endangered animals in a similar fashion; that several Cities and Counties may be contacting The Nature Conservancy for information concerning the passing of the referendum. Mr. Freeman stated that sharing the successes of The Nature Conservancy would be pleasing. 17. PRESENTATION RE: : REQUEST BY THE DOWNTOWN SARASOTA ROWING CLUB TO UTILIZE A SITE ON THE WEST SIDE OF THE JOHN RINGLING CAUSEWAY = REFERRED TO THE ADMINISTRATION (AGENDA ITEM V-2 ) CD 7:37 through 7:50 Edward Selleck, President of the Downtown Sarasota Rowing Club, Inc. (DSRC), came before the Commission, referred to a conceptual map included in the Agenda backup material, and stated that the desire of the DSRC to utilize a portion of land on the west side of the John Ringling Causeway is strong; that in 1988, he was the founder and charter president of the Sarasota Rowing Club; that the Sarasota Rowing Club was a non- profit Florida Corporation which achieved a 501 (c) (7) designation from the Internal Revenue Service; that the formerly known Sarasota Rowing Club is now known as the Sarasota Scullers; that a Sarasota Bay launch location available for people who live and/or work in the City is desired; that the construction of the new John Ringling Causeway Bridge has uncovered an undesignated parcel of land owned by the Florida Department of Transportation (FDOT) which could be utilized as a site for the request of the DSRC; that the City's support is requested to obtain a portion of the available land from FDOT, which agrees efforts should be coordinated with the County and the City to develop the property surrounding the John Ringling Causeway Bridge for the public's benefit. Mr. Selleck continued that DSRC's request will benefit Downtown and St. Armands Circle businesses and enhance the quality of life; that DSRC provides an opportunity for high school students to gain skills to help qualify for college athletic scholarships; that rowing is a sport with wide participation; BOOK 51 Page 23344 06/03/02 6:00 P.M. BOOK 51 Page 23345 06/03/02 6:00 P.M. that Sarasota Bay is an excellent location for rowing; that law enforcement and firefighters as well as civilians should consider the health benefits of rowing; that rowing requires dedication and discipline as well as providing a social level of activity among the participants; that the City would profit from DSRC's request; that a motion as follows has been included in the Agenda backup material with the hope of Commission action: Move to allow Downtown Sarasota Rowing Club to use a small portion of land boarding the bay water on the south side of the John Ringling Causeway. Commissioner Servian stated that having been raised in Pennsylvania near Philadelphia, sculling activity is familiar and exciting; that the activities generate significant profit into the community; that sculling could be developed into an excellent program for local high schools, colleges, and the community at large; that the intensity of the DSRC's request is a concern; that action cannot be taken on the submitted motion; that the request should be referred to the Administration for review. Mr. Selleck stated that making the request was important. Commissioner Servian agreed and stated that DSRC's request is appreciated and would be a tremendous opportunity for the City if implemented. Commissioner Quillin stated that efforts to achieve DSRC's goals should be commended; that the growth of the sculling crew program at Riverview High School is applauded; that DSRC's request should be referred to the Administration; that the proposal is extremely intense in a small location; however, a local launch area is an excellent idea. Mr. Selleck stated that the Commission's recommendation is appreciated; that the use of the term "intense" is unclear as to the type of activity or the request. Commissioner Quillin stated that the request is not for a beachfront launch area but rather an area large enough to accommodate a clubhouse with activities; that the proposed site belongs to the entire City. Vice Mayor Palmer stated that the proposed site is controlled by FDOT; that the City has no authority to take action regarding the request; that other interested groups may want the opportunity to utilize available land; that the City is not in a position to grant the use to anyone; however, DSRC's request would be a wonderful opportunity for the City. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to refer the request of the Downtown Sarasota Rowing Club to utilize the land to the Administration for review and a recommendation. Mr. Selleck stated that the opportunity to present the request to the Commission is appreciated. Commissioner Quillin stated that the identification of additional launch locations by the Administration is suggested; that the site should accommodate canoeing, sculling, and smaller activities; that a dock currently exists at Whitaker-Gateway Park; however, the level of the dock for launching is uncertain. Mr. Selleck stated that the water conditions are rough on the Whitaker-Gateway Park section of the Bay compared to the south side of the John Ringling Causeway Bridge; that the launch access near Ken Thompson Park is acceptable. Commissioner Quillin stated that the area near Ken Thompson Park is a cove; that locations for different types of launches within the City should be identified. Vice Mayor Palmer stated that the motion is sufficiently broad; that the Parks + Connectivity Master Plan should determine launch locations for boats, kayaks, and other activities; that the request presented to the Commission is appreciated. Mayor Mason called for a vote on the motion to refer the request of the Downtown Sarasota Rowing Club to utilize the land to the Administration for review and recommendation. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Commissioner Martin asked the actions the Commission may take regarding presentations. City Auditor and Clerk Robinson stated that the Commission's Rules of Procedure allow only for a referral to the Administration. BOOK 51 Page 23346 06/03/02 6:00 P.M. BOOK 51 Page 23347 06/03/02 6:00 P.M. 18. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) CD 7:50 through 7:58 The following people came before the Commission: Paul Thorpe, Executive Director of the Downtown Association, 1818 Main Street, (34236), John Tylee, recently appointed Executive Director of the Traffic Management Organization (TMO). Mayor Mason welcomed Mr. Tylee to the City on behalf of the Commission and congratulated him on his appointment as the TMO Executive Director. Mr. Thorpe stated that Mr. Tylee has already started the job and has met with a County Commissioner regarding continuation of the Trolley service; that discussions were held with the Florida Department of Transportation (FDOT); that a meeting is scheduled with City Engineering Staff. Mr. Tylee stated that becoming a full-time resident of the City and being presented formally before the Commission are significant honors; that the opportunity to discuss issues and challenges of the City with each Commissioner is appreciated; that an invitation to join the Downtown Mobility Study was extended and accepted; that the personal out-reach and collaboration by each of the Commissioners will insure the success of the TMO. Mr. Tylee continued that discussions were held with FDOT District One Staff; that several questions arose; that the establishment of a TMO is a first for FDOT District One; that all efforts will be sought to meet the Commission's high expectations for the TMO; that partnerships take time to organize and collaborate; that working with the Commission is eagerly anticipated. Mr. Thorp stated that the Commission should be aware realistic timeframes for significant results from the TMO should be expected. Commissioner Quillin asked if an awareness exists of all the committees on which the TMO Executive Director is expected to serve? Mr. Tylee stated not completely. Commissioner Quillin stated that the position requires participation in the parking study for Downtown and occupies a seat on the Community Redevelopment Agency (CRA) Advisory Board. Mayor Mason stated that direction concerning responsibilities can be specified in the future; and welcomed Mr. Tylee to the position. E. W. Babb, 1886 Bahia Vista Street (34239), stated that the City's codes are selectively enforced; that two parking tickets were recently received in the City Hall parking area; that the determination of responsibility for enforcement of the City's codes is difficult; that the City has a rule boats cannot be moored in Sarasota Bay for more than 72 hours; that the rule is not being enforced; that parking and mooring codes are equal in effect; however, the mooring code is not being enforced; that responsibility of enforcement should be determined; that the responsibility of the Code Enforcement Department is not defined; that the Special Master is responsible for enforcing a list of 20 items; that the Nuisance Abatement Board has a separate set of rules to enforce; that the City has no coordinated responsibility for enforcement of the provisions of the different codes; that violations of the 72-hour boat-mooring rule in the Bayfront are continuous. 19. UNFINISHED BUSINESS: APPROVAL RE: REQUEST FOR PROPOSALS FOR THE CITY WATERWORKS BUILDING PURCHASE, REHABILITATION AND RESTORATION = APPROVED (AGENDA ITEM VII-1) CD 7:58 through 8:05 City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 4, is now Unfinished Business, Agenda Item VII-1; that the item concerns a Request for Proposal (RFP) for the City Waterworks Building purchase; that Commissioner Servian removed the item from the Consent Agendas. Karen Hartman, Director of Downtown Redevelopment, came before the Commission and stated that RFP #02-33M is for the purchase, rehabilitation and restoration of the City Waterworks Building. Commissioner Servian referred to RFP as follows: Respondent to this RFP #02-33M will automatically be rejected if a purchase price is not submitted and if a public/private partnership is suggested.. Commissioner Servian asked the reason for rejecting a proposal if a public/private partnership with the City is suggested? BOOK 51 Page 23348 06/03/02 6:00 P.M. BOOK 51 Page 23349 06/03/02 6:00 P.M. Ms. Hartman stated that the intent of the language is to indicate the Commission will not entertain a financial commitment such as was committed with the additional $2 million in streetscape for the project on Palm Avenue. Commissioner Servian stated that some form of public/private partnership may be an opportunity for the City to maintain control and ensure the restoration and preservation will meet expectations. Commissioner Quillin stated that prior minutes indicate the motion was for sale of the property. Ms. Hartman stated that is correct; that the language in the RFP clarifies the control issue to achieve desired results; that a reverter clause can be negotiated with a successful respondent and could be exercised if something hinders the agreement-upon outcome. Commissioner Servian referred to the section of the RFP concerning the City's selection committee and stated that neighboring residents or representatives of neighborhood associations should be included in the City-appointed evaluation committee. Commissioner Quillin stated that the RFP is a specific document with specific details; that a proposed project would be presented to the neighborhoods; that the RFP is a for-sale proposal; that the City is seeking a purchaser for the property meeting certain requirements; that the process should not be complicated. Commissioner Martin stated that adjacent property owners or other interested parties could be appointed to the City's evaluation committee. Vice Mayor Palmer stated that discussions were held regarding consistency with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020); that the Downtown Master Plan 2020 does not apply north of Tenth Street; however, the respondent must ensure the project is consistent with the concepts of the Downtown Master Plan 2020; and continued that the section concerning objectives in RFP #02-33M as follows is a concern: Current zoning "I" Industrial; It is recommended, but not required, that the site be rezoned to "ORD" (Office Regional District) consistent with the Community Office/Institutional land use classification. Vice Mayor Palmer stated that the City should not indicate rezoning is a guarantee if a project comes forward; that rezoning will eliminate the City's ability to make determinations while going through the rezoning process; that the indication the City would like the property rezoned should be provided; that the for- sale provision and the reverter clause are supported to ensure the City's expectations are met. Commissioner Quillin asked the timeframe for advertising the RFP if approved? Ms. Hartman stated that the RFP will be advertised two consecutive weeks beginning June 9, 2002, if approved; that a waiting list of interested parties currently exists. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to approve Request for Proposal #02-33M to solicit bids for purchase, rehabilitation and restoration the City Waterworks Building. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 20. UNFINISHED BUSINESS: STATUS REPORT RE: SARASOTA SEASON OF SCULPTURE AUTHORIZED THE ADMINISTRATION TO PROCEED WITH BIDDING THE SARASOTA SEASON OF SCULPTURE LIGHTING PROJECT (AGENDA ITEM VII-2) CD 8:05 through 8:11 City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 6, is now Unfinished Business Agenda Item VII-2; that the item concerns a status report for the Sarasota Season of Sculpture; that Commissioner Martin removed the item from the Consent Agendas. Commissioner Martin stated that the April 15, 2002, Regular Commission meeting at which the lighting for the Sarasota Season of Sculpture was not attended; referred to the May 22, 2002, memorandum from Staff included in the Agenda backup material indicating the lighting is for the purpose of lighting the BOOK 51 Page 23350 06/03/02 6:00 P.M. BOOK 51 Page 23351 06/03/02 6:00 P.M. sculptures and not the area; and asked if lighting the sculptures only has always been the intention? William Hallisey, Director of Public Works, came before the Commission stated yes; that the lighting is designed for a unique purpose; that the infrastructure could be modified in the future to accommodate other types of lighting; that 24 directional lights will be pointed toward the sculptures; that the lighting is not appropriate for landscaping due to the intensity and location of the fixtures. Commissioner Martin stated that the Sarasota Season of Sculpture will be held bi-annually and asked if the lighting will be functional in the off season? Mr. Hallisey stated no. Commissioner Martin asked if the lighting will be in place and only utilized for the period during which the Sarasota Season of Sculpture is in progress? Mr. Hallisey stated yes. Commissioner Quillin asked if the lighting could be utilized for other functions at the Bayfront? Mr. Hallisey stated yes; that the lighting would be available for various uses. Commissioner Quillin stated that the lighting could be utilized at the Bayfront for other functions after the Sarasota Season of Sculpture. Vice Mayor Palmer stated that the concerns regarding the length of time, storage of the lighting during the off season, and the large expenditure for a one-time event were discussed with the Administration; that the event will be a continuous bi-annual event; that adequate storage will be provided by the Public Works Department; and that the large expenditure is not for a one-time event. Commissioner Martin asked if the lighting is mounted in or above ground? Mr. Hallisey stated that the lighting consists of small concrete pedestals approximately 18 inches off the ground with a light fixture mounted to the top; that the fixtures may be removed during the off season to avoid vandalism; that the fixtures could be removed and replaced with cover plates; that removing the fixtures will take approximately half a day. Commissioner Martin asked if the concrete pedestals remain? Mr. Hallisey stated yesi that the pedestals remain in place. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to authorize the Administration to proceed with bidding the Sarasota Season of Sculpture Lighting Project. Vice Mayor Palmer asked if the motion includes the understanding the cost will not exceed $40,000? Commissioner Quillin stated that the $40,000 was the funding approved in the original motion. Vice Mayor Palmer stated that $40,000 is the funding amount indicated on the Agenda Request. Commissioner Martin stated that $40,000 is understood as the maximum amount of the expenditure. 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. 21. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE AGREEMENT FOR CITY GRANT FUNDING BETWEEN THE CITY OF SARASOTA AND THE DRUG FREE COMMUNITIES, INC. FOR THE DEPARTMENT OF JUVENILE JUSTICE NEIGHBORHOOD ACCOUNTABILITY BOARD IMPLEMENTATION GRANT FOR THE PERIOD NOVEMBER 1, 2001, THROUGH JUNE 30, 2002 APPROVED (AGENDA ITEM VIII-1) CD 8:11 through 8:13 City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 8, is now New Business Agenda Item VIII-1; that the item concerns a $25,000 Department of Juvenile Justice Neighborhood Accountability Board Implementation Grant and the agreement with Drug Free Communities; that Commissioner Quillin removed the item from the Consent Agendas. Commissioner Quillin stated that proposed Resolution No. 02R-1507 appropriating $5,400 from the Special Law Enforcement Trust Fund BOOK 51 Page 23352 06/03/02 6:00 P.M. BOOK 51 Page 23353 06/03/02 6:00 P.M. (L.E.T.F.) to provide matching funds for the grant was removed from the Agenda and asked for clarification. Edward Whitehead, Acting Chief of Police, Sarasota Police Department, and Mary Ann Andrews, Executive Director, Drug Free Communities, came before the Commission. Acting Chief Whitehead stated that Drug Free Communities will provide the $5,400 match rather than the L.E.T.F., which was not understood previously; therefore, proposed Resolution No. 02R- 1507 is not required. Commissioner Quillin stated that the explanation for removing the item from the Agenda is appreciated. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to authorize the Mayor to sign and the City Auditor and Clerk to execute the agreement on behalf of the City of Sarasota. Vice Mayor Palmer stated that discussions were held with Staff of the City and Drug Free Communities; that additional intormation regarding the Neighborhood Accountability Board was received and provided the Commission; that the additional information was appreciated and addressed concerns and questions regarding the program. Commissioner Quillin stated that the program concerning Neighborhood Accountability Boards is understood as a meeting was attended of the Rosemary District Association at which a presentation concerning the program was made; that a status report has not been personally provided to the Commission due to her recent out-of-town trip. Commissioner Servian referred to a letter from a parent concerning the program included in the additional Agenda backup material and stated that the letter was touching. 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. 22. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) CD 8:33 through 8:35 COMMISSIONER MARTIN: A. stated that a meeting of the Water Alliance was recently attended as the City's alternative representative; that the Water Alliance voted to retain an engineering consultant to begin a regional water system planning and engineering study; that the study will be funded and administered by the Peace River/Manasota Regional Water Supply Authority; that the study will be in two phases: Phase I which is an assessment of supplies in the four- county area and will take approximately six months to complete and Phase II which is to review future supplies and needs and will require an additional year; that the representation of the various government entities on the Water Alliance, which is a voluntary planning body, is impressive; that having the City represented to protect the City's interests is important; that the Water Alliance was formed approximately one year ago. Mayor Mason stated that some residents in District 1 are watering the lawn every day; that residents may be confused about the watering restrictions. Commissioner Quillin stated that the Southwest Florida Water Management District allows watering twice a week; that the City and the County only allow watering once a week. Mayor Mason stated that the watering restrictions should be clarified; that information could be included in water bills; that residents should be reminded of the restrictions. 23. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = ADMINISTRATION WILL PRESENT THE ISSUE OF ARTWORK FOR THE CITY'S 100TH YEAR ANNIVERSARY CELEBRATION TO THE PUBLIC ART COMMITTEE (AGENDA ITEM X) CD 8:14 through 9:03 COMMISSIONER SERVIAN: A. stated that the recent Neighborhoods USA (NUSA) Conference was excellent; that the neighborhood representatives and particularly the Greater Downtown Sarasota Action Team (GDSAT) were a source of pride; that being in attendance for GDSAT's acceptance of the BOOK 51 Page 23354 06/03/02 6:00 P.M. BOOK 51 Page 23355 06/03/02 6:00 P.M. second-place award was exciting; that hundreds of cities were represented; that the neighborhood representatives who took advantage of the City's grants for the NUSA Conference were happy to attend. Mayor Mason stated that the efforts of Commissioner Quillin who first brought the idea of City grants to attend the NUSA Conference are appreciated. Commissioner Servian stated that one of the grants was personally received for the year 2001 while a neighborhood leader; that the 2001 NUSA Conference was wonderful; that involving more neighborhoods in NUSA is important; that the City had good representation from the neighborhoods at the 2002 NUSA Conference. Commissioner Quillin stated that the NUSA Conference was excellent; that the hope is representatives from twice as many neighborhoods will attend in 2003; that last year, each attendee provided the City a written report of the classes attended, suggestions received, etc. Vice Mayor Palmer stated that Staff is scheduling a meeting in June 2002 for the attendees to discuss the information learned. Commissioner Quillin stated that a report was personally provided in 2001 to the Coalition of City Neighborhoods Association. B. stated that the reports provided for the public hearings at the current meeting reference a loss of residentially zoned properties; that opportunities for the construction of residential properties are being lost; that currently, nothing in the City's codes requires replacing property lost for residential purposes; that developers could be required to place funds based on the value of the development in a trust if property is rezoned and no longer available for residential development; that the funds could be utilized to refurbish homes, purchase property, etc., to assist with providing affordable housing; that similar trusts have been established in other municipalities. Mayor Mason stated that the suggestion was made at the May 17, 2002, annual goal-setting Workshop; that the Administration is to provide a report back. Commissioner Servian stated that the loss of residential property was noted in two of the public hearings at the current meeting. Commissioner Quillin stated that similar suggestions have personally been made at the Commission table; that a copy of an ordinance adopted by Napa, California, and which was upheld by the California Supreme Court, was provided to the City Attorney's Office. Commissioner Servian stated that Tallahassee, Florida, adopted inclusive zoning, which has been working for years; that all developers are required to place funds in a trust which can be used to purchase land for affordable housing; that the loss of residential property due to rezonings is disturbing. Commissioner Quillin stated that available land for residential and commercial development is reviewed each time the Future Land Use Map is updated; that a rebalancing of residential and commercial uses occurs; that for example, residential use is no longer appropriate along Fruitville Road. Commissioner Servian stated that a 40 foot wide strip easement along US 41 which is not usable but is residentially zoned. Commissioner Quillin stated that the 40 foot wide easement which is for stormwater retention has an extensive historyi that a housing inventory was personally suggested at a Commission Workshop two years ago; that the City should be cognizant of the land available for residential uses and the economic level. Commissioner Martin stated that the City has a major competitor for development outside the City limits; that any constraints should be carefully considered and could provide another reason not to develop in the City; that not all best practices will be valuable to the City; that some way of assuring no net loss of residential properties should be determined; that reviewing the Future Land Use Map would be valuable; that some commercial areas, specifically east of Payne Park along School Avenue, are designated as having a future land use of residential; that identifying specific strategies to preserve land for residential uses would be beneficial. Vice Mayor Palmer stated that City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), includes a provision to assure housing in the Downtown is equal to 30 percent of the area; that residentially zoned property may be decreasing in some areas but BOOK 51 Page 23356 06/03/02 6:00 P.M. BOOK 51 Page 23357 06/03/02 6:00 P.M. may be encouraged in other areas; that the concerns are valid; that many programs have been implemented in the country and should be reviewed. C. stated that the lack of enforcement of boats moored in the Bay is a significant concern and should be addressed; that the City has a 72-hour mooring law which is not being enforced. Commissioner Quillin stated that the marine patrol does not extend beyond 4 p.m.i that a report should be provided as to the reason the ordinance is not being enforced; that boats are moored on the Bay for longer than 72 hours. City Manager McNees stated that a report will be provided to the Commission. VICE MAYOR PALMER: A. stated that several letters concerning mailboxes in residential neighborhoods have been received; that a proposal has been made for the City to enact legislation prohibiting curbside mailboxes in the City unless requested by the homeowner; and asked if additional information is available. Mayor Mason stated that a meeting was held with the Post Master after speaking to a representative of Gillespie Park; that the Post Master indicated the mailbox can remain on the house if the mailbox has historically been on the house; that the mailbox remains at curbside if the mailbox has historically been at curbside; that a property owner cannot arbitrarily move the mailbox back and forth; that a postal carrier incorrectly advised residents all mailboxes must be moved to curbside; that the Post Master indicated the postal carrier and supervisor have now been provided the correct information; that further problems should not occur. Vice Mayor Palmer stated that the problem of which she is aware is in Cherokee Park; that neighborhoods other than Gillespie Park are affected; that the issue of mailboxes should be referred to the City Attorney's Office for additional research; that St. Petersburg, Florida, apparently has an ordinance prohibiting curbside mailboxes in the City. Mayor Mason stated that the legalities of municipalities legislating matters concerning the Post Office is not known; that the Post Master had received complaints from Gillespie Park and Laurel Park; that the guidelines for placement of mailboxes apply Citywide; that considering legislation regarding mailboxes, which is the responsibility of the US Postal Service, is a concern; that the response received from the Post Master is satisfying. Vice Mayor Palmer stated that Staff could contact representatives of Cherokee Park to determine the problem, if any. City Manager McNees stated that an educational campaign is necessary; that often a postal carrier tells residents mailboxes must be placed at curbside, which is beyond the postal carrier's authority; that the print media may provide assistance in educating the public; that if a mailbox is relocated to the house, the US Postal Service will not deliver the mail; that individual residents have no authority to force the postal carrier to bring the mail to the house. Mayor Mason stated that the Post Master is willing to meet with neighborhood representatives, attend Town Hall meetings, etc. Commissioner Quillin stated that stories regarding garbage pickup, postal service, etc., would be good for AccessSarasota, Channel 19 AccessSarasota), to assist people moving between the City and the County. Commissioner Servian left the Chambers at 8:30 p.m. Mayor Mason stated that producing such stories on Accesssarasota is a good idea. Commissioner Quillin stated that the Post Master could be interviewed for a story as a public service announcement. Vice Mayor Palmer stated that a great deal of discussion concerning mailboxes seems to have occurred in neighborhoods; that not requesting additional research is acceptable. B. stated that the State has enacted new growth management legislation which will require interlocal involvement and agreements among the City, the County, and the School Board of Sarasota County (School Board); that deadlines are included in the legislation; that a joint meeting between the Commission and the School Board had been previously suggested and might be a good idea at BOOK 51 Page 23358 06/03/02 6:00 P.M. BOOK 51 Page 23359 06/03/02 6:00 P.M. this time; and asked if a review of the legislation will be included on the Agenda for the next Council of Governments meeting? City Manager McNees stated that the Chief Administrative Officers of the municipalities, the County, and the School Board have met to discuss the requirements of the legislation. C. distributed artwork prepared for the 1986 Sarasota Centennial Celebration; and stated that artwork for a poster for the City's 100th Year Anniversary Celebration may be desirable; that a competition for artwork could be held and coordinated through the Public Art Committee (PAC). D. stated that a copy of a May 15, 2002, letter from Kumar Mahadevan, Executive Director, and Myra Monfort, Chairman of the Board of Trustees, Mote Marine Laboratory and Aquarium (Mote Marine) to the Mayor indicating Mote Marine is proposing a public celebration of the 25th anniversary of the partnership between Mote Marine and the City and is requesting the Mayor serve as the City's representative on and co-chair of a planning committee for the public celebration was received. Mayor Mason stated that the May 15, 2002, letter was received; that a response to the proposed to serve as co-chair of a planning committee has not yet been provided to Mote Marine but will be in the near future. Vice Mayor Palmer stated that a Commission consensus for the Administration to take the issue of artwork for the City's 100th Anniversary Celebration to the PAC is requested. Commissioner Martin stated that the idea is excellent. Commissioner Quillin agreed. Vice Mayor Palmer stated that a maximum funding amount could be established, a competition could be held, etc.; that the specifics can be delegated to the PAC; that only a short period of time is available; therefore, immediate action is necessary. Commissioner Quillin statéd that the artwork is not required by the October 14, 2002, kickoff performance at the Van Wezel Performing Arts Hall. Vice Mayor Palmer stated that the ideal would be to have the artwork completed by October 14, 2002. Mayor Mason stated that hearing the Commission's agreement, the Administration will present the issue of artwork for the City's 100th Year Anniversary Celebration to the PAC. MAYOR MASON: A. stated that Commissioner Quillin had been requested to provide a status report concerning the City's 100th Year Anniversary celebration. B. stated that a written report will be provided concerning the annual National Conference on Preventing Crime in the Black Community held May 22 through 25, 2002, which was attended. C. stated that a Juneteenth Celebration will be held on Saturday, June 15, 2002, at Dr. Martin Luther King, Jr., Park; that promotional material will be distributed. Commissioner Quillin stated that the committee arranging the 2002 Juneteenth Celebration is applauded; that the same committee will be arranging the 2003 Juneteenth Celebration. COMMISSIONER MARTIN: A. stated that as a result of the first SOAR (Sarasota Openly Addresses Racism) symposium, the establishment of a Human Relations Commission was considered and several meetings held; that the Florida Commission on Human Relations has sent a representative to the meetings and advises local governments can establish programs to help develop a better understanding of people with diverse backgrounds; that local Human Relations Commissions have been created to help manage intergroup relations; that the Florida Commission on Human Relations is the agency responsible for enforcing the State's civil rights laws and offers assistance as a State partner to local agencies. BOOK 51 Page 23360 06/03/02 6:00 P.M. BOOK 51 Page 23361 06/03/02 6:00 P.M. COMMISSIONER QUILLIN: A. stated that the Innovation Group's Governments Conference focusing on transforming government was recently attended; that the topic was innovative change in government; that case studies were presented; that County Staff was in attendance; that the Innovation Group is coming to Sarasota in July 2002 to do a live broadcast over AccessSarasota; that information concerning the motivational speaker will be provided to the Administration; that the motivational speaker was Harvey Robbins who wrote the book entitled "The New Why Teams Don't Work, A which emphasizes creating teams which do work. B. that a number of people from Florida were in attendance at the Innovation Group's Governments Conference; that a discussion was held with a Commissioner from Delray Beach; that the Director of the Community Redevelopment Agency (CRA) for Delray Beach was also in attendance; that Delray Beach is approximately the same size as the City of Sarasota and has a successful CRA; that the Delray Beach CRA Director is willing to visit the City with other members of the Delray Beach CRA and make a presentation to the City's CRA Advisory Board; that the Commission could attend if desired; that a Joint Workshop could be held. C. stated that Tucson, Arizona, has an international trade zone with Mexico; that a significant amount of trade occurs through Tucson, which was impressive; that a wonderful trip to Mexico was arranged in association with the Innovation Group's Governments Conference; that the trip was delightful. D. stated that the Commercial, Central Business District (C-CBD) Zone District has always been a concern; that the former Mission Harbor site which has now been developed into the Renaissance of Sarasota site was originally in the C-CBD-S-1 Zone District; that the C- CBD-S-1 Zone District was a subsection of the C-CBD Zone District with different parameters; that the Commission may wish to reconsider a similar subsection zone district; that many applications for rezoning to the C-CBD Zone District outside the urban core are being received; that the C-CBD Zone District is designed for the urban core; that classifying property in the C-CBD Zone District is not liked; that problems can occur in the future. Vice Mayor Palmer stated that the hope is the City of Sarasota Downtown Code (Downtown Code) will be implemented in the near future, which should resolve the problem. Commissioner Quillin stated that the Commission's consideration of a designation similar to the C-CBD-S Zone District is suggested to allow some attributes of the C-CBD Zone District but on a smaller scale particularly in terms of height. E. requested the status of the urbaculture site. City Manager McNees stated that no change has occurred in relation to the lease agreement; however, significant code enforcement activity has occurred; that the site has been cleaned up; that the uninvited residents have been removed. Commissioner Quillin stated that the lease agreement expires soon. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the lease agreement expires July 20, 2002. Commissioner Quillin asked if any proposed lease agreement will be presented to the Commission. City Manager McNees stated yes. F. stated that fixing the Commission chairs would be appreciated. G. stated that an electronic-mail was received from the City Manager concerning the City's 100th Year Anniversary Celebration; however, she is not prepared to discuss the 100th Anniversary Celebration at this time as certain activities are currently occurring; that conversations have been held concerning the circus parade, which hopefully will occur in January 2003; that Showfolks of Sarasota, Inc., produces an annual performance in December; that lines of communication are being established, which is part of the process; that a calendar of events has been started; that the real expectations and realities should be identified; that a meeting with the Downtown Association of Sarasota, Inc., was previously scheduled for June 7, 2002, but was BOOK 51 Page 23362 06/03/02 6:00 P.M. BOOK 51 Page 23363 06/03/02 6:00 P.M. cancelled and not yet rescheduled; that an effort was made to contact the President of the Sarasota Sister Cities Association (SSCA); however, the SSCA President is out of town; therefore, no additional information is available to report. Mayor Mason stated that the report was requested to determine the status of the City's 100th Year Anniversary Celebration and a concern expressed by a SSCA representative; that the request is for Commissioner Quillin to meet with the City Manager. Commissioner Quillin stated that a meeting was held with the City Manager; that a letter was sent to the SSCA committee planning an event; that nothing further can be done until the SSCA President returns. Mayor Mason stated that an SSCA representative indicated some issues exist; that a meeting with the City Manager would be appreciated. Commissioner Quillin stated that the SSCA President is directing the planning effort. Mayor Mason stated that a meeting was held with the Executive Director of the Players Theatre, Inc., who indicated a delegation from China will be visiting the City in December 2002; that additional information will be provided the Commission; that the City may wish to plan an activity for the China delegation. Commissioner Quillin stated that an activity could be planned and included on the calendar for the City's 100th Year Anniversary Celebration; that the City is only helping to facilitate the 100th Year Anniversary Celebration activities. Vice Mayor Palmer stated that the concerns expressed by the Mayor are supported; that some serious issues have been raised. Commissioner Quillin stated that an awareness of the issues exists; that the SSCA President must be involved. Vice Mayor Palmer stated that apparently, individuals involved in coordinating activities in conjunction with the City's 100th Year Anniversary Celebration have expressed concern. Commissioner Quillin stated that only one person is concerned; that discussions have been held with all other parties. Vice Mayor Palmer stated that all parties should get together and resolve the issues, which are serious and could create problems with moving forward; that the request is for Commissioner Quillin to meet with the City Manager and the other people involved. Commissioner Quillin stated that a meeting was held with the City Manager; that some issues have been addressed; that some people may have concerns; that discussions were held with everyone involved; that meetings were attended; that a memorandum was personally prepared reiterating the conversations as not everyone attended all the meetings; that the City Manager requested information concerning costs; that a request concerning cost was made of the group planning the SSCA activities; that nothing further should be done until the SSCA President returns; that the SSCA President appointed members to the SSCA planning group and must make the final decisions. Vice Mayor Palmer asked if the SSCA is directing the SSCA planning group? Commissioner Quillin stated yes; that the SSCA President established the SSCA committees. Vice Mayor Palmer asked if the SSCA President is in charge? Commissioner Quillin stated yes, of all SSCA activities. Mayor Mason stated that Commissioner Quillin is requested to meet with the City Manager as soon as possible to resolve the issues. Commissioner Quillin stated that a meeting was held with the City Manager; and asked if any other information is available? City Manager McNees stated that level of concern among SSCA representatives may be higher than thought. Commissioner Quillin stated that nothing can be accomplished until the SSCA President returns; that SSCA is responsible for the SSCA activities. Mayor Mason stated that a concern has been expressed by several members of the SSCA planning committee; that the effort should be good for everyone involved, i.e., the City, SSCA, and anyone else involved; that Commissioner Quillin's leadership in the City's BOOK 51 Page 23364 06/03/02 6:00 P.M. BOOK 51 Page 23365 06/03/02 6:00 P.M. 100th Year Anniversary Celebration is appreciated; that a meeting with the City Manager would be in the best interest of everyone. 24. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) CD 8:58 through 9:03 CITY MANAGER MCNEES: A. stated that the Commission requested Staff's response to the Commission's taking one or two meetings off in August 2002; that Staff will manage the workload effectively if the Commission decides to take one or two meetings off. Vice Mayor Palmer asked which meeting the Administration recommends the Commission take off? City Manager McNees stated that the Administration is not making a recommendation but rather indicating the workload can be managed if the Commission decides to take one or two meetings off. Mayor Mason stated that the annual meeting of the Florida League of Cities is held in August. Commissioner Quillin stated that taking off the August 19, 2002, Regular Commission meeting may be appropriate. CITY AUDITOR AND CLERK ROBINSON: A. stated that a report concerning the applications for the Community Redevelopment Agency (CRA) Advisory Board was recenty provided the Commission; that applications have been received for each category. B. stated that following is the schedule for Commission meetings: June 5, 2002 2 p.m. Attorney-Client Session 3 p.m. Joint Workshop with the Sarasota Housing Authority (SHA) City Auditor and Clerk Robinson continued that the items have been received for the Agenda for the Joint Workshop; however, the SHA will probably not provide any Agenda backup material. Vice Mayor Palmer asked if a date has been determined for the Workshop concerning the noise ordinance? City Auditor and Clerk Robinson stated no; that a Special CRA meeting will be scheduled to consider the Palm Avenue property and to make appointments to the CRA Advisory Board; that a Workshop concerning the noise ordinance will also be scheduled in the near future. Commissioner Martin stated that the applications for the CRA Advisory Board can be reviewed to determine if adequate representation has been received. City Auditor and Clerk Robinson stated that the Commission can determine if additional applications should be sought; that meetings will probably be scheduled approximately the second week in July 2002. Commissioner Quillin stated that not having any Agenda backup material for the Joint Workshop with the SHA is a concern; that the SHA should be making a presentation concerning SHA activities. City Auditor and Clerk Robinson stated that the SHA will make a presentation; however, no Agenda backup material is available. Commissioner Quillin stated that Agenda backup material should be provided. Mayor Mason stated that a computer-generated slide presentation may be made. Commissioner Quillin stated that information should be received in advance; that a joint meeting has not been held with the SHA for over a year and half. City Auditor and Clerk Robinson stated that an effort will be made to obtain Agenda backup material for the Joint Workshop with the SHA. BOOK 51 Page 23366 06/03/02 6:00 P.M. BOOK 51 Page 23367 06/03/02 6:00 P.M. 25. ADJOURN (AGENDA ITEM XII) CD 9:03 There being no further business, Mayor Mason adjourned the Regular meeting of June 3, 2002, at 9:03 p.m. 18 Camtlin CAROLYN! J. MASON, MAYOR ATTEST: SOTAS LEY ROBINSON, CITY AUDITOR AND CLERK