BOOK 50 Page 21927 10/01/01 6:00 P.M. MINUIES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 1, 2001, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Mary J. Quillin, Commissioners Richard F. Martin and Lou Ann R. Palmer, City Manager Designate Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9( (a) of the City of Sarasota Charter at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE : EMPLOYEE OF THE MONTH FOR SEPTEMBER 2001, LISA SHAY 1 FINANCIAL ACCOUNTING SPECIALIST, FINANCE DEPARTMENT #1 (0035) through (0130) CD 6:00 through 6:02 Mayor Mason requested that Gibson Mitchell, Director of Finance, and Lisa Shay, Financial Accounting Specialist, Finance Department, and Employee of the Month for September 2001, join her and the Commission before the Commission table for the presentation. Mr. Mitchell stated that introducing Ms. Shay as the Employee of the Month for September 2001 is a pleasure; that Ms. Shay has been employed with the City as a Financial Accounting Specialist in the Accounting and Payroll Division of the Finance Department for almost one year; that Ms. Shay expediently processes pay to vendors for all City Departments, takes extra measures to correct oversights on invoices thus ensuring all vendors receive payments on time, and issues over 400 checks per week to the vendors; that Ms. Shay is helpful, cooperative, kind, patient, understanding, and possesses a wonderful sense of humor; that Ms. Shay is responsible for vendor payment, maintaining vendor relations, and various accounting operations to maintain high standards in government ànd financial reporting; that Ms. Shay's calming manner has prevented many potentially unpleasant situations; that Ms. Shay assists in reaching the City's goal of financial responsibility through timely vendor payment; that Ms. Shay serves with excellence and pride. Mayor Mason read from and presented Ms. Shay with a plaque, City-logo watch, and a certificate as the September 2001 Employee ofe the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. 2. PRESENTATION RE: MAYOR' S CITATION RECOGNIZING AND HONORING THE VICTIMS OF THE TERRORIST ATTACKS IN NEW YORK CITY, NEW YORK AND WASHINGTON, D.C., AND THANKING THE RESCUE WORKERS WHO: CONTINUE TO WORK DILIGENTLY AND TIRELESSLY IN THE RECOVERY EFFORTS - MAYOR'S CITATION WILL BE SENT TO RUDOLPH GIULLIANI, MAYOR, NEW YORK CITY, NEW YORK, AND GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES #1 (0132) through (0210) CD 6:02 through 6:05 Mayor Mason read in its entirety the Mayor's Citation to the victims of the September 11, 2001, terrorist attacks and the rescue workers indiçating that terrorism is a cowardly act of violence which should be condemned by peace-loving people everywhere; that victims include innocent airline passengers, office workers in and. visitors to the World Trade Center in New York City, New York, employees at the Pentagon in Washington, D.C., and rescue workers who were trapped after the tragic events in a heroic effort to save others; that rescue workers in New York City and Washington, D.C., continue to work diligently and tirelessly in the recovery efforts, despite the significant loss of colleagues; that citizens and residents of the City and of the United States mourn the Loss but bravely move forward to protect the country. Mayor Mason continued that a moment of silence is offered to recognize and honor the victims of the terrorist attacks on US airways, on New York City, and on Washington, D.C.; that condolences are offered to the victims' families; that àppreciation is expressed to the rescue workers who continue to work in the recovery efforts; that the Mayor's Citation has been signed by all Commissioners and will be sent to Rudolph Giulliani, Mayor, New York City, New York, and George W. Bush, President of the United States. BOOK 50 Page 21928 10/01/01 6:00 P.M. BOOK 50 Page 21929 10/01/01 6:00 P.M. 3. PRESENTATION RE: MAYOR' S CITATION EXPRESSING APPRECIATION FOR THE DILIGENT EFFORTS OF CITY AND COUNTY EMPLOYEES, PARTICULARLY THE MEN AND WOMEN OF THE POLICE AND PUBLIC WORKS DEPARTMENTS, WHO WORKED DURING AND AFTER ROPICAL STORM GABRIELLE TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF OUR COMMUNITY = MAYOR'S CITATION WILL BE SENT TO THE COUNTY FOR DISPLAY #1 (0215) through (0267) CD 6:05 through 6:07 Mayor Mason stated that the Mayor's Citation recognizes the efforts of City and County employees during the recent tropical storm and read in its entirety the Mayor's Citation indicating that Tropical Storm (TS) Gabrielle struck the City on September 14, 2001, causing significant power outages, damage to trees and property, and flooding; that City and County employees worked diligently before, during, and after TS Gabrielle to protect the health, safety, and welfare of the citizens of the community; that the City is recovering quickly from the aftermath of TS Gabrielle and returning to normal everyday activities due to the diligent effort of City and County employees, partiçularly Public Safety and Public Works employees; that the efforts of City and County employees are indicative of employees who serve with excellence and pride; that appreciation is expressed and recognition is given to City and County employees for the efforts provided in difficult circumstances assuring the City remains a great place in which to work and live; that the Mayor's Citation has been signed by all Commissioners and will be sent to the County for display. 4. PRESENTATION RE: : MAYOR'S CITATION TO KATHARINA KLOPFER, A GERMAN STUDENT, WHO INTERNED FOR THE CITY DURING THE SUMMER AND ASSISTED WITH NUMEROUS PROJECTS IN DIFFERENT DEPARTMENTS INCLUDING HUMAN RESOURCES, THE OFFICE OF THE CITY AUDITOR AND CLERK, PUBLIC WORKS, ETC. #1 (0268) through (0453) CD 6:07 through 6:13 Mayor Mason requested that Vice Mayor Quillin join her for the presentation and that Katharina Klopfer, summer intern, and Ingrid Nutter, City resident and relative, join her and the Commission before the Commission table. Vice Mayor Quillin stated that presenting the Mayor's Citation to Ms. Klopfer is an honor; that Ms. Klopfer is a German student in Sarasota to learn about the United States and local government; that Ms.. Nutter attempted to find an internship program in the City for Ms. Klopfer; that the Department of Human Resources was contacted and assisted in creating an intern position for Ms. Klopfer; that her first baseball game was attended while working at Ed Smith Stadium Sports Complex; that the hope is to have additional exchange programs in the future; that the Sister Cities' Program can be utilized in creating an exchange program. Mayor Mason read in its entirety the Mayor's Citation indicating Ms. Klopfer is a student from the University of Passau, Germany, interning in the City during the summer; that Ms. Klopfer worked in several City Departments, including the Ed Smith Stadium Sports Complex, the Office of the City Auditor and Clerk, the Department of Human Resources, and the Van Wezel Performing Arts Hall (VWPAH) ; that Ms. Klopfer painted walls, announced games, ushered patrons, and sold tickets at the Ed Smith Stadium Sports Complex, assisted with the production of an episode of the City Life program on Accesssarasota, Channel 19, and assisted with the School Time Performance brochure for the VWPAH; that the efforts of interested students such as Ms. Klopfer offer enthusiasm and vitality to local government, improving the quality of service delivered to citizens; that the involvement of people from other nations helps build international understanding and relationships; that appreciation is expressed to Ms. Klopfer for contributing to making the City a great place in which to work and live. Vice Mayor Quillin presented the Mayor's Citation, the City flag, a paperweight commemorating the Millennium, and a City pin to Ms. Klopfer; and stated that gratitude is extended to Ms. Nutter for her efforts in obtaining the internship for Ms. Klopfer. Ms. Nutter stated that the opportunity afforded to Ms. Klopfer is appreciated. 5. PRESENTATION RE: : PROCLAIMING THE MONTH OF OCTOBER AS PHYSICAL THERAPY MONTH IN THE CITY OF SARASOTA #1 (0454) through (0528) CD 6:13 through 6:16 Mayor Mason requested that Adele Carr, Jane Schroeder, and Daniel Pierce, Physical Therapists and members of the American Physical Therapy Association, join her and the Commission before the Commission table and read in its entirety the proclamation BOOK 50 Page 21930 10/01/01 6:00 P.M. BOOK 50 Page 21931 10/01/01 6:00 P.M. of October as Physical Therapy Month in the City indicating that the American Physical Therapy Association is observing a National Physical Therapy month entitled The Science of Healing, the Art of Caring; that special attention is being observed for the contribution of physical therapy to the health and wellness of the general public; that physical therapists are health care protessionals who diagnose and manage movement, dysfunction, and enhance physical and functional abilities; that physical therapy restores, maintains, and promotes optimum physical function, physical fitness, and quality of life; that physical therapy also prevents the onset of symptoms and progression of impairment, functional limitations, and disabilities resulting from diseases, disorders, conditions, or injuries; that physical therapists and physical therapist assistants are the only professionals who provide physical therapy; that over 750,000 people are served by licensed physical therapists and licensed physical therapist assistants every day in the United States; that pride is taken in recognizing October 2001 as Physical Therapy Month; that physical therapy is worthy of the recognition of the citizens of the City. Ms. Carr stated that gratitude is expressed for the recognition of Physical Therapy Month. 6. CHANGE TO THE ORDERS OF THE DAY = APPROVED #1 (0548) through (0580) CD 6:16 through 6:17 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Remove under Consent Agenda 1, Item No, III A-5, Approval Re: Priority ranking and improvement of the top five roadway sections in Fiscal Year 2007-2008 as listed in the Engineering Department's September 24, 2001, report, per the request of City Manager Designate McNees. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 7. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 17, 2001 APPROVED (AGENDA ITEM I-1): #1 (0580) through (0594) CD 6:17 through 6:17 Mayor Mason asked if the Commission had any changes to the minutes? Mayor Mason stated that hearing no changes, the minutes of the September 17, 2001, Regular Commission meeting are approved by unanimous consent. 8. CONSENT AGENDA NO. 1: ITEM NOS. 2, 3, AND 4 APPROVED; ITEM NO. 1 = APPROVED WITH CHANGES (AGENDA ITEM III-A) #1 (0594) through (0805) CD 6:17 through 6:24 Commissioner Palmer requested that Item No. 1 be removed for discussion. City Manager Designate McNees requested that Item No. 3 be removed for discussion. 2. Approval Re: Set for Public Hearing proposed use of the 2001 Local Law Enforcement Block Grant 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Grant Agreement (Agreement No. 1448- 40181-01-G-153) between the City of Sarasota for the Sarasota Bay National Estuary Program (SBNEP). and. the U.S. Fish and Wildlife Service, to fund an intertidal habitat restoration project known as "Perico Bayou" in the amount of $35,000 On motion of Vice Mayor Quillin and second of Commissioner Palmer, it was moved to approve Consent Agenda No. 1, Item Nos. 2 and 4. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 1. Approval Re: Set for Public Hearing proposed Ordinance No. 01-4339, amending the City of Sarasota local amendments to the Standard Building Code, 1997 edition, the Standard Mechanical Code, 1997 edition, the Standard Gas Code, 1997 edition, the Standard Plumbing Code, 1994 edition, and the National Electrical Code, 1996 edition, as adopted by Chapter 11, Building and Building Regulations, Article II, pertaining to the schedule of fees; to provide for increases or modifications to existing fees; to create new tees, and to repeal certain fees; amending the City of Sarasota local amendments to BOOK 50 Page 21932 10/01/01 6:00 P.M. BOOK 50 Page 21933 10/01/01 6:00 P.M. the Standard Fire Prevention and Protection, pertaining to the schedule of fees; to provide for increases or modifications to existing fees; to create new fees, and to repeal certain fees; providing for repeal of ordinançes in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; etc. Commissioner Palmer stated that some language. in proposed Ordinance No. 01-4339 is confusing; and referred to proposed Section 104.7.4 (11), City of Sarasota Amendments to the 1997 Standard Building Code (Building Code), as incorporated in proposed Ordinance No. 01-4339 as follows: (11) Good cause shall include but not be limited to mistake or inadvertence or excusable neglect... Commissioner Palmer stated that the City Attorney and the Director of Building, Zoning and Code Enforcement agree the language of proposed Section 104.7.4 (11), Building Code, is confusing and will be clarified prior to the public hearing; and referred to proposed Section 104.7.4 (21), Building Code, as follows: (21) All requests for special, after-hours building inspections which include Saturday, Sundays, observed holidays, or before or after normal working hours, must be submitted in writing by the developer, contractor, owner or occupant to the Building Official. The request must be received twenty-tour (24) hours in advance of the requested inspection.. - Commissioner Palmer stated that the language should indicate a building inspection request must be received at least 24 hours prior to the close of business on the last day of the work week prior to a Saturday, Sunday, or observed holiday. Commissioner Palmer referred to the fees indicated in proposed Section 104.7.4 (9), City of Sarasota Amendments to the 1997 Standard Mechanical Code, as incorporated in proposed Ordinance No. 01-4339 as follows: (9) Request to Building Official for certification letter for written opinion or to the Director of Building, Zoning, and Code Enforcement, as defined in the Zoning Code of the City of Sarasota (1998), for a zoning determination letter 1 $150 . Commissioner Palmer stated that the fee was previously $15; that the increase is significant; and asked the reason for the significant increase. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that the fee is being made consistent with the County fee schedule; that the County charges $150 for zoning determination letters; that requests for zoning determination letters by financial institutions can contain between 25 to 30 questions requiring substantial research time of possibly many hours; that requests are received to research each Certificate of Occupancy (CO) issued for a building and to make copies of every çhange to the zoning code since a CO was issued; that the $150 fee will cover the cost of the complex research required by the financial institutions for zoning determination letters. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to approve Consent Agenda No. 1, Item No. 1, concerning proposed Ordinance No. 01-4339 with the following revisions: 1. Clarify the language of Section 104.7.4 (11), City of Sarasota Amendments to the 1997 Standard Building Code (Building Code). 2. Revise the language of Section 104.7.4 (21), Building Code, to indicate a building inspection request must be received at least 24 hours prior to the Close of business on the last day of the work week prior to a Saturday, Sunday, or observed holiday. Commissioner Palmer stated that the language of proposed Ordinance No. 01-4339 should be revised prior to the public hearing. Mayor Mason stated that hearing no objections, the revisions will be incorporated prior to the public hearing. Mayor Mason called for a vote on the motion. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yesi Quillin, yesi Mason, yes. 3. Approval Re: Set workshop on October 15, 2001 at 2:00 p.m. to discuss Ringling Causeway Bridge BOOK 50 Page 21934 10/01/01 6:00 P.M. BOOK 50 Page 21935 10/01/01 6:00 P.M. Replacement design details with PCL Civil Constructors, Inc. City Manager Designate McNees stated that the public has expressed concern and requests input regarding the Ringling Causeway Bridge Replacement (Replacement Bridge) design; that scheduling an October 15, 2001, Commission Workshop with representatives from PCL Civil Contractors, Inc., is recommended; that input from private interests concerning the Replacement Bridge will be solicited prior to and presented at the October 15, 2001, Commission Workshop; that the October 15, 2001, Commission Workshop is being held to consider items concerning which the Commission can take action; that Staff will work with private interest groups to provide information to the Commission to ensure the October 15, 2001, Commission Workshop is productive. Commissioner Palmer asked if items identified as requiring action at the October 15, 2001, Commission Workshop can be addressed at the October 15, 2001, Regular Commission meeting sO the public can voice an opinion before action - is taken? City Auditor and Clerk Robinson stated yes. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to approve Consent Agenda No. 1, Item No. 3. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1382) . ADOPTED; ITEM 2 (RESOLUTION NO. 01R-1424) = ADOPTED ; ITEM 3 (RESOLUTION NO. 01R-1425) ADOPTED ; ITEM 4 (RESOLUTION NO. 01R-1426) - ADOPTED ; ITEM 5 (ORDINANCE NO. 01-4331) - ADOPTED (AGENDA ITEM III-B) #1 (0805) through (1013) CD 6:24 through 6:30 Commissioner Palmer requested that Item No. 4 be removed for discussion. 1. Adoption Re: Proposed Resolution No. 01R-1382, pertaining to the billable fee schedule for the Zoning Code (1998 Ed.); amending the billable fee schedule to set forth a fee for requests to change street name; providing for the procedures to change street name; setting forth findings; amending the billable fee schedule to require a billable fee deposit for City Staff time regarding traffic studies for concurrency amending the procedures regarding the billable fee schedule for traffic studies for concurrency performed by transportation consultants of City (Title Only) 2. Adoption Re: Proposed Resolution No. 01R-1424, calling for a Special Municipal Election to be held on November 6, 2001, and a Second (Run-Off) Election to be held on December 4, 2001, if required, for the purpose of filling the vacancy created by the resignation of the City Commissioner representing District Two; setting forth the location of the Polling Places; names of Clerks, Inspectors and Officers (Title Only) 3. Adoption Re: Proposed Resolution No. 01R-1425, appropriating $7,500 from the unappropriated fund balance of the General Fund to fund the settlement of the Helen Moses claim, etc. 5. Adoption Re: Second reading of proposed Ordinance No. 01-4331, amending the Sarasota City Code, Chapter 21, Offenses, Article I, in general, by adding thereto section 2107, Water restrictions and Usage; amending the Sarasota City Code, Chapter 2, Administration, Article V, Boards, Commissions and Committees, Division V, Code Enforcement Special Master, Section 2-309, Jurisdiction, by providing the Code Enforcement Special Master jurisdiction to entertain actions asserting a violation of Section 21-7; repealing ordinances in conflict herewith; providing for the severability of parts hereof (Title Only) City Auditor and Clerk Robinson read proposed Resolution Nos. 01R-1382, 01R-1424, and Ordinance No. 01-4331 by title only and Resolution No. 01R-1425 in its entirety. On motion of Commissioner Palmer and second of Vice Mayor Quillin; it was moved to approve Consent Agenda No. 2, Item Nos. 1, 2, 3, and 5. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. 4. Adoption Re: Proposed Resolution No. 01R-1426, appropriating $750,000 from the unappropriated fund balance of the Eleet Liability Self Insurance Fund to transfer funds to the Group Medical and Dental Fund for the purpose of keeping the fund solvent, etc. BOOK 50 Page 21936 10/01/01 6:00 P.M. BOOK 50 Page 21937 10/01/01 6:00 P.M. Commissioner Palmer stated that the rationale for. the appropriation of funds recommended in proposed Resolution No. 01R-1426 should be provided for the benefit of the public. City Manager Designate McNees stated that the appropriation of funds from the Fleet Liability Self Insurance Fund unappropriated fund balance to the Group Medical and Dental Fund (Group Fund) is the first portion of a larger solution related to the health insurance coverage provided to City employees. Gibson Mitchell, Director of Finance, came before the Commission and stated that the Group Eund is in financial crisis at this time; that at the August 6, 2001, Regular Commission meeting, the Commission was informed a consultant would be hired and options would be made available to solve the financial crisis; that meanwhile, the Group Fund balance continues to decrease and is at $778,000 as of August 31, 2001; that the Group Fund is administered on a calendar-year basis; that four months remain in the calendar year; that the remaining $778,000 will not cover expenses until the end of the year; that transferring funds from an insurance fund which has a surplus at this time is recommended; that the transfer of funds will ensure the Group Fund remains solvent until options are presented to solve the crisis. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1426 in its entirety. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve Consent Agenda 2, Item No. 4. Motion carried unanimously (4 to 0): Mason, yes; Palmer, yes; Quillin, yes; Martin,. yes. Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 10. NON-QUASI JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 01-4338, AMENDING CHAPTER 2, ADMINISTRATION, - ARTICLE 6, CITIZENS WITH DISABILITIES ADVISORY BOARD SECTION 2-238, MEMBERS, AND 2-239, MEETINGS, TO PROVIDE THAT THE BOARD SHALL CONSIST OF FIVE MEMBERS AND THAT THREE MEMBERS SHALL CONSTITUTE A QUORUM, REPEALING ORDINANCES IN CONFLICT, (TITLE ONLY) AMENDING CITIZENS WITH DISABILITIES ADVISORY BOARD BE REDUCED FROM SEVEN TO FIVE MEMBERS, WITH THREE MEMBERS CONSTITUTING A QUORUM - PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #1 (1050) through (1320) CD 6:30 through 6:37 Duane Mountain, Deputy Director of Public Works, came before the Commission and stated that at the August 20, 2001, Regular Commission meeting, the Citizens With Disabilities Advisory Board (CDAB) requested and the Commission authorized the City Attorney's Office to prepare an ordinance reducing the CDAB membership from seven to five, with three, members constituting a quorum; that having seven members meet consistently and even obtaining a quorum has been difficult due to the. transportation complications facing the disabled citizens who serve on the CDAB; that the CDAB determined reducing the number of members will ensure a quorum is achieved more frequently at CDAB meetings. Mayor Mason opened the public hearing. Mary Ciner, 1714 Waldemere Street (34239), and CDAB member, came before the Commission and stated that although not formally representing CDAB, the proposed staggering of the terms of CDAB members should be revised; that proposed Ordinance No. 01-4338 indicates the following initial terms for CDAB members: . initial appointments shall be staggered as follows: two (2) members shall be appointed for one (1) year; two (2) members shall be appointed for two (2) years; and one (1) member shall be appointed for three (3) years. Ms. Ciner continued that the terms of CDAB members should be staggered in a different fashion; that the potential exists for reappointment of the entire CDAB during the same year; that the terms of CDAB members could be staggered to provide for the terms of two members to expire during one year and the terms of the remaining three members to expire the next year; that the length of the terms of CDAB members should not be changed. BOOK 50 Page 21938 10/01/01 6:00 P.M. BOOK 50 Page 21939 10/01/01 6:00 P.M. Vice Mayor Quillin stated that the terms of CDAB members could not be staggered as suggested without changing the length of the terms of ÇDAB members; that changing the length of the terms of CDAB members is not supported; that the lengths of the terms were devised to ensure at least thrée CDAB members have previous experience. City Attorney Taylor stated that proposed Ordinance No. 01-4338 concerns reducing the CDAB membership from seven to five members rather than the staggering of the terms of CDAB members; that the terms of CDAB members have been staggered to the same fashion for many years; that the concern addressed by proposed Ordinance No. 01-4338 is only the number of CDAB members; that a new ordinance would be required to revise the current staggering of the terms of CDAB members. Ms. Ciner stated that a CDAB meeting was not held during September 2001; therefore, an opportunity was not provided to discuss any revision of the current staggering of the terms of CDAB members. There was no one else signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4338 by title only. City Manager Designate McNees stated that the Administration recommends passing proposed Ordinance No. 01-4338 on first reading. On motion of Vice Mayor Quillin and second of Commissioner Palmer, it was moved to pass proposed Ordinance No. 01-4338 on first reading. Vice Mayor Quillin stated that revising the current staggering of the terms of CDAB members is not supported; that the length of the terms was devised to ensure three CDAB members have previous experience serving on the CDAB; that appointing three new CDAB members in the same year is not supported; that the City should actively recruit new members for the CDAB, which has recently experienced significant recruiting difficulties yet is a very important City advisory board; that a proposal will be personally presented at a future Commission meeting concerning the composition and status of the City's advisory boards. Commissioner Palmer concurred and stated that the current staggering of the terms of CDAB members is supported. Mayor Mason called for a vote on the motion to pass proposed Ordinance No. 01-4338 on first reading and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yesi Quillin, yes; Martin, yes; Mason, yes. Mayor Mason requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during the quasi-judicial public hearings, the Commission will, be required to base any decision on: competent, substantial evidence; that prior to opening the public hearing, Commissioners will be. requested to disclose any ex parte communications concerning the subject propertyi that recommendations for time limits for the quasi-judicial public hearings will be made at the appropriate time; that speakers may. request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross-examination; that no one has filed for certification as an Affected Person for the quasi-judicial public hearings. 11. QUASI JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO: 01-4340, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCAMED AT 547 NORTH SHORE DRIVE, HISTORICALLY KNOWN AS THE BRODY-MURRELL HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (APPLICANT MIKKI HARTIG, HISTORICAL AND ARCHITECTURAL RESEARCH SERVICES, AS AGENT FOR JOHN AND PEGGY MARTIN, CO-TRUSTEES AND OWNERS) PASSED ON FIRST READING (AGENDA ITEM NO. IV-B-1) #1 (1320) through (1695) CD 6:37 through 6:47 City Attorney Taylor stated that proposed Ordinance No. 01-4340 concerns a request for the historic designation of the structures located at 547 North Shore Drive, historically known. as the Brody-Murrell House; that the Applicant is Mikki Hartig, Historical and Architectural Research Services, as agent for John and Peggy Martin, co-trustees and owners; that the BOOK 50 Page 21940 10/01/01 6:00 P.M. BOOK 50 Page 21941 10/01/01 6:00 P.M. recommendation is to allow the Applicant and Staff five minutes for presentations and - three minutes for rebuttal and to allow interested persons five minutes to speak. Mayor Mason stated that hearing the Commission's agreement, the time limits are approved. Mayor Mason requested that ex parte communications, if any, be disclosed. Mayor Mason, Vice Mayor Quillin, and Commissioner Martin stated that no ex parte communications have occurred. Commissioner Palmer stated that no ex parte communications have occurred concerning proposed Ordinance No. 01-4340 although the owners are personal friends and the house has been personally visited on several previous occasions. Mayor Mason opened the public hearing and requested that the Applicant come forward. Mikki Hartig, Historical and Architectural Research Services, and John Martin, co-trustee and owner, came before the Commission. Ms. Hartig referred to displayed Slides of the house located at 547 North Shore Drive, historically known as the Brody-Murrell House, and stated that the Martins have owned the house since 1969; that the house is located in the Sapphire Shores Neighborhood and was constructed in 1925 as part of the early development of the Sapphire Shores Subdivision; that the house is a two-story, Mediterranean Revival style residence, consists of several building blocks, and. has multiple elevations and roof planes, including gabled, flat, and shed; that the gabled roof planes consist of the original barrel tiles; that the house is constructed of stucco over hollow clay tile resting on a continuous clay tile foundation wall; that a one-story, rectangularly shaped enclosed sun porch was added to the residence on the west side in 1959 and remodeled in 1983; that the west wall of the enclosed sun porch is currently constructed of four pairs of wooden French doors. Ms. Hartig continued that the original detached, two-car garage is located at the rear of the property and includes a small living unit which previously served as quarters for guests or servants; that the house is named for the original owners; however, the Brody family owned the house for only one year and lost the house to foreclosure due to the failure of the land boom of the * 1920s; that the Murrell family subsequently purchased the house; that William Murrell was as an attorney in Sarasota at the time; that the house was later purchased. by the Bartok family, who resided: in the house until 1950; that the house is eligible for historic designation according to following criteria established in Section IV-806(A), Zoning Code (1998): 4. Embodies the distinctive visible characteristics of the Mediterranean Revival Style of Architecture as demonstrated by its asymmetrical plan, stucco exterior, and barrel clay tile roof, and popularized during thè Florida Land Boom of the 1920s; and 5. Represents the work of the architectural firm of Clas, Sheperd, and Clas, many of whose works have been historically designated at the local and national levels such as the Charles Ringling Building, Charles Ringling's Home, Hester Ringling Lancaster's Home, and the Earle House on North Shore Road. Ms. Hartig further stated that the architectural firm of Clas, Sheperd, and Clas which served' as the architect for the home designed many important local structures and is nationally. recognized for the architectural design of historic public buildings; that the structures requested for historic V designation continue to relay the original workmanship, feeling, design, location, setting, and association for the home to a high degree. Mr. Martin stated that the approval of the Commission is requested for the historic designation of the Brody-Murrell House. Mayor Mason requested that Staff come forward for the City's presentation. John Burg, Chief Planner, Planning Department, came before the Commission and stated that the request is for the historic designation of the two-story, single-family residence with a detached, two-car garage and two stucco masonry columns flanking the driveway located at 547 North Shore Drive, historically known as the Brody-Murrell House; that Staff from the Sarasota County Department of Historical Resources determined the BOOK 50 Page 21942 10/01/01 6:00 P.M. BOOK 50 Page 21943 10/01/01 6:00 P.M. structures are of historical significance based upon the integrity of location, design, setting, materials, workmanship, and association; that at its July 10; 2001, meeting, the Historic Preservation Board voted unanimously to recommend historic designation of the Brody-Murrell House, based on Section IV-806 (A) (4) and (5), of the Zoning Code (1998). 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. 01-4340 by title only. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 01-4340 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Martin, yes; Mason, yes; Palmer, yes. 12. QUASI JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4341, PROVIDING FOR THE REZONING OF A 68 ACRE PARCEL OF REAL PROPERTY MORE FULLY DESCRIBED HEREIN FROM THE RESIDENTIAL FAMILY-3 (RSF-3) ZONE DISTRICT TO THE OFFICE PROFESSIONAL AND BUSINESS (OPB) ZONE DISTRICT ; SAID PARCEL BEING LOCATED ON THE NORTH SIDE OF WEBBER STREET IMMEDIATELY WEST OF CENTRAL PARK DRIVE; APPROVING SITE PLAN APPLICATION NO. 01-SP-25 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING TO PERMIT THE CONSTRUCTION OF A TWO STORY ADDITION -TO AN EXISTING BUILDING KNOWN AS SARASOTA PATHOLOGY; PROVIDING FOR ADDITIONAL CONDITIONS OF THE REZONING AND. SITE PLAN APPROVAL AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF; (TITLE ONLY) (APPLICANT JOEL FREEDMAN, AICP, L FREEDMAN CONSULTING GROUP, INC. AGENT FOR SARASOTA PROFESSIONAL ENTERPRISES, II, AS OWNER) - PASSED ON FIRST READING WITH REVISION TO SECTION 5 TO INDICATE A "WALL OR FENCE" WHICH IS NOT A "CHAIN LINK FENCE' I AND WHICH CONFORMS TO CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) STANDARDS (AGENDA ITEM IV-B-2) #1 (1695) through (3095.) CD 6:47 through 7:17 City Attorney Taylor stated that proposed Ordinance No. 01-4341 concerns Rezone Application No. 01-RE-10 to rezone a .68-acre parcel of property east of the Sarasota Pathology office building at the northwest corner of the intersection of Webber Street and Central Park Drive from the Single-Family Residential-3 (RSF-3) to the Office, Professional, and Business (OPB) Zone District; that Site Plan Application No. 01-SP-25 concerns the construction of a two-story addition to the existing Sarasota Pathology office building; that the Applicant proffered Site Plan Application No. 01-SP-25 as a condition of approval of Rezone Application No. 01-RE-10; that the Applicant is Joel Freedman, AICP, Freedman Consulting Group, Inc., as agent for Sarasota Professional Enterprises II, as owner;. that the recommendation is to allow the Applicant and the City ten minutes for presentations and five minutes for rebuttal and to allow interested persons five. minutes to speak. Mayor Mason stated that hearing the Commission's agreement, the time limits are approved. Mayor Mason requested that ex parte communications, if any, be disclosed. Mayor Mason, Vice Mayor Quillin, and Commissioners Martin and Palmer stated that no ex parte communications have occurred. Mayor Mason opened the public hearing and requested that the Applicant come forward. Mr. Freedman and Gary Hoyt, President, Hoyt-DSW Architects & Planners (Hoyt-DSW), came before the Commission. Mr. Freedman referred to a displayed computer-generated slide of the site plan submitted with Site Plan Application No. 01-SP-25 and stated that a representative from Sarasota Professional Enterprises II is present in the audience to answer questions if desired; that at the April 3, 2000, Regular Commission meeting, Ordinance- No. 00-4205 was adopted to amend the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), to change the subject property's designation on the Euture Land Use Map from the Single Family Moderate Density to the Community Office/Institutional Euture Land Use Classification to allow a small scale development to expand the Sarasota Pathology office building; that the property is, located immediately to the east of the existing Sarasota Pathology office building; that West Park Drive serves as BOOK 50 Page 21944 10/01/01 6:00 P.M. BOOK 50 Page 21945 10/01/01 6:00 P.M. a frontage road between US 41 and the Sarasota Pathology office building; that proposed Ordinance No. 01-4341 is to rezone the adjoining 68-acre parcel of property from the RSF-3 to the OPB Zone District to allow the expansion of the Sarasota Pathology office building, the exact architectural design of which is depicted on the site plan submitted with Site Plan Application No. 01-SP-25. Mr. Freedman continued that at the April 3, 2000, Regular Commission meeting, the Commission indicated a concern. for the location of the proposed addition to the Sarasota Pathology office building; that. the original intent was to construct the addition towards the rear of the property and to the east of the existing building; however, after discussion with neighborhood residents, Commissioners, and Planning Board/Local Planning Agency (PBLP) Members, the addition will be constructed to adjoin the southern wall of the existing building at the front of the property near US 41; that the addition will create a further buffer between véhicular traffic traveling on US 41 and the neighborhood homes and will consist of approximately 10,000 square feet (sq. ft.) of office space; that the existing Sarasota Pathology office building is only approximately 8,000 sq. ft.; that the additional space is desperately required; that the location is ideal for a medical office building providing centralized pathology services. Mr. Freedman further stated that a specific concern of neighborhood residents was buffering the proposed addition from the surrounding neighborhood; that an extensive landscape buffer will be constructed on the eastern boundary of the property; that a small park will also be constructed at the eastern border of the property, will be maintained and controlled by Sarasota Professional Enterprises II, but will be open for neighborhood use; that a wall or fence as desired by the Commission will also be constructed along the eastern property boundary; that a stormwater retention area will be constructed between the eastern landscape buffer and the parking lot; that the eastern landscape buffer will have a minimum width of 15 feet; that the landscaping will be planted between the proposed wall or fence and Central Park Drive; that a significant buffer will be created between the expanded Sarasota Pathology office building and neighboring houses. Mr. Freedman stated further that immediately prior to the September 5, 2001, PBLP meeting to consider Rezone Application No. 01-RE-10, a representative of Sarasota Professional Enterprises II inadvertently authorized the removal of certain trees from the property; that the intent was only to authorize the, trimming of certain existing trees on the property as part of a cleanup of the site; however, a miscommunication occurred; that trees were removed; that the original intent was also to relocate many of the existing trees; however, only a few trees will be removed based. upon Site Plan Application No. 01-SP-25; that Sarasota Professional Enterprises II had not obtained an appropriate City permit to remove the trees, was fined accordingly, and wishes to express sincere apologies for the mistake; that the situation was resolved through the efforts of City Staff; that no improprieties were intended by the removal of the trees. Mr. Freedman stated that at its September 5, 2001, meeting, the PBLP voted unanimously to recommend approval of Rezone Appliçation No. 01-RE-10; that the required neighborhood meeting was held on August 24, 200.0, at the Waldemere Fire Station; that neighborhood residents indicated a preference for a solid wall at the eastern boundary of the property; however, during the required Development Review Committee (DRC) review, Staff suggested the construction of an open wall or fence to comply with Crime Prevention Through Environmental Design (CPTED) standards; that Sarasota Professional Enterprises II is willing to construct either a solid or open wall or fence as desired by the Commission; that the eastern landscape buffer will provide a significant aesthetic and visual barrier if an open fence or wall is desired; that significant activity does not occur at the Sarasota Pathology office building at night; that the landscape buffer will adequately shield neighborhood homes from the glare of vehicular headlights at night. Mr. Hoyt referred to displayed computer-generated slides of architectural drawings of the proposed addition to the Sarasota Pathology office building and stated that integrating a large addition into an existing office building represents a significant architectural challenge; that the frontage of the existing building requires reconceptualization, that a distinct main entrance does not exist currently but will be created to face the expanded parking lot; that the existing building has many entrances, none of which could be. construed as the main entrance for patrons; that the redesign of the Sarasota Pathology office building will be utilized to strengthen the original architectural design; that sun-protection devices will be added to the existing building and the new addition to augment the architectural character of the building; that the main entrance will be located on. Webber Street instead of West BOOK 50 Page 21946 10/01/01 6:00 P.M. BOOK 50 Page 21947 10/01/01 6:00 P.M. Park Drive and is designed to. offer convenience to patrons; that the expanded building frontage on US 41 is designed to buffer the parking lot from the vehicular traffic and pedestrian views on US 41; that the Sarasota Pathology office building will become a architecturally prominent structure at the intersection of US 41 and Webber Street. Commissioner Martin stated that three single-family residential homes are currently located on the subject property and should be preserved if possible; and asked if the three houses will be relocated? Mr. Freedman stated that an attempt was made to negotiate the relocation of the existing houses; that two relocation firms examined the houses but indicated the houses were not of a sufficient quality or durability to allow relocation; that appropriate locations were not found for the houses;. that the houses may be demolished if not relocated. Commissioner Martin asked if other relocation firms were consulted? Mr. Freedman stated yes; that the two relocation firms which conducted a professional examination of the houses have demonstrated a significant commitment to relocating homes in the community; that other relocation firms and consultants conducted informal examination but also indicated the houses could not be relocated. Vice Mayor Quillin asked the proposed distance between the fence and Central Park Drive?' Mr. Freedman stated that the minimum distance between the fence and the eastern property boundary will be at Least 15 feêt. Vice Mayor Quillin asked if the proposed distance includes the sidewalk? Mr. Freedman stated no; that the sidewalk is not located within the eastern property boundary. Vice Mayor Quillin asked if the distance between the fence and Central Park Drive will be approximately 20 feet? Mr. Freedman stated that the distance will vary between 20 and 25 feet in most places; that the area between the fence and any pavement will consist of greenspace and landscaping. Vice Mayor Quillin asked if the proposed landscape buffer will block the glare of headlights to nearby neighborhood homes at night? Mr. Freedman stated yes. Vice Mayor Quillin asked the type of landscaping which will be installed in the proposed buffer? Mr. Freedman stated that existing oak trees on the property will be relocated to the landscape buffer and will block the views of the parking lot from the nearby residential properties; that the hedge adjoining the fence will be Viburnum, which grows very fast and should provide a thick plant buffer. Vice Mayor Quillin asked if the proposed stormwater retention area will only consist of grass? Mr. Freedman stated yes; that the stormwater retention area was redesigned to save an existing Maple tree; that additional shrubbery will be installed to buffer the refuse collection area and the stormwater retention area; that an existing Jacaranda tree will also be conserved and incorporated into the proposed landscaping. Vice Mayor Quillin asked if the area surrounding the stormwater retention area will be landscaped? Mr. Freedman stated yes; that landscaping will also be installed along the parking lot, Webber Street, and US 41. Vice Mayor Quillin asked if additional trees and hedges will be installed along Webber Street? Mr. Freedman stated yes; that various oak and palm trees and Viburnum hedges will be installed along Webber Street. Commissioner Palmer asked the proposed height of the addition? Mr. Hoyt stated that the height of the addition will be the same as the existing Sarasota Pathology office building at approximately 30 feet. Mr. Freedman stated that closest residential house is 144 feet from the Sarasota Pathology office building. BOOK 50 Page 21948 10/01/01 6:00 P.M. BOOK 50 Page 21949 10/01/01 6:00 P.M. Commissioner Palmer stated that neighborhood residents indicated significant concern for the amount of activity at the Sarasota Pathology office building at night and the glare of vehicular headlights affecting neighborhood homes; and asked if the Sarasota Pathology office building will be utilized significantly at night? Mr. Freedman stated no; that the Sarasota Pathology office building consist's mostly of doctors' offices which are only visited during the daytime; that a small support Staff manages the facilities at night but will park near the building and away from neighborhood homes. Commissioner Martin stated that neighborhood residents also indicated concerns for lighting levels and the security of the facilities at night; that Staff indicated sufficient lighting should be installed to increase night-time security to comply with CPTED standards; and asked if the concerns for night-time security and lighting levels were resolved? Mr. Freedman stated that a final proposal for night-time security and lighting levels will be developed with the input of Staff to comply with CPTED standards; however, any night-time lighting will be directed towards the Sarasota Pathology office building and away from any residential homes. Commissioner Martin asked if the stormwater retention area will be surrounded by a fence? Mr. Freedman stated no; that the stormwater retention area will be a grassy, dry area with a depth of 18 inches and will only fill after a significant rain storm. Mayor Mason requested Staff come forward for the City's presentation. Mark Hess, Chief Planner, Planning Department, and William Wall, Lieutenant, Sarasota Police Department (SPD), came before the Commission. Mr. Hess stated that at its September 5, 2001, meeting, the PBLP voted unanimously to find Rezone Application No. 01-RE-10 and Site Plan Application No. 01-SP-25 consistent with the City's Comprehensive Plan and the standards for review set forth in Section IV-509, Zoning Code (1998), and recommended approval to the Commission; that the PBLP indicated an open-style fence consistent with CPTED standards should be installed at the eastern property boundary to facilitate visual surveillance of the property by the public and SPD Officers; that Staff supports the proposed architectural design for the addition to the Sarasota Pathology office building. Lt. Wall stated that SPD Staff recommends installing an open-style fence. consistent with CPTED standards at the eastern property boundary; that an open-style fence will facilitate public surveillance of the property to deter criminal activity; that neighborhood crime will. also be discouraged if an open-style fence is installed; that a similar example is the open-style fencing located along the perimeter of the Ringling School of Art and Design; that citizens and SPD Officers should be able to see through the fence; that a solid wall or fence should not be installed; that an open-style fence will discourage concealment of criminals or vagrants. Vice Mayor Quillin referred to photographs of an open-style fence included in the Agenda backup material and asked if the photographed open-style fence indicated in the Agenda backup material is consistent with CPTED standards? Lt. Wall stated yes. Vice Mayor Quillin stated that a hedge is located in front of the photographed open-style fence and is approximately three feet in height; and asked if a similar hedge. would significantly obstruct public and SPD surveillance of the property? Lt. Wall stated no. Commissioner Palmer stated that proposed Ordinance No. 01-4341 does not indicate the type of lighting required for the property; and asked if the type of lighting is a condition of approval of proposed Ordinance No. 01-4341? Mr. Hess stated that the Zoning Code (1998) only requires non- residential uses to minimize any lighting impact on adjoining residential properties. Commissioner Palmer asked if the proposed lighting will negatively affect the adjoining residential properties? Mr. Hess stated no; that the lighting for the property will also be reviewed by Staff upon application for a building permit. BOOK 50 Page 21950 10/01/01 6:00 P.M. BOOK 50 Page 21951 10/01/01 6:00 P.M. Commissioner Martin stated that the wrought iron, open-style fencing utilized for the perimeter of the Ringling School of Art and Design is aesthetically pleasing and is personally preferred for the subject property; that the type of open-style fencing should be specified in proposed Ordinance No. 01-4341; that chain link and picket fencing also constitute open-style fencing, are not aesthetically pleasing, and should not be constructed on the subject property; and asked if a wrought iron, open-style fence will be installed? Mr. Hess stated that Staff's. recommendation is only to install a CPTED-style fence which will be reviewed by Staff prior to the issuance of a City building permit; that the specific type of open-style fence was not specified. Mayor Mason stated that no interésted persons have signed up to speak and requested that the Applicant come forward for rebuttal. Mr. Freedman stated that a chain link fence is also not considered aesthetically pleasing and will not be installed at the property; that thé intent is to install an aesthetically pleasing, high quality fence. Vice Mayor Quillin stated. that a wrought iron, open-style fence is personally preferred; and asked if a design has been prepared for the fence? Mr. Freedman stated no. Vice Mayor Quillin asked if the fence will be a wrought iron, open-style fence? Mr. Freedman stated that Hoyt-DSW will be responsible for preparing the design of the fençe and indicated flexibility is desired to prepare the design; however, the fence should be similar to the fences at the Ringling School of Art and Design and Mandarin Park but will be designed to correspond with the architectural character of the Sarasota Pathology office building. Vice Mayor Quillin asked if the proposed fence will consist of wrought iron or a similar metal? Mr. Freedman stated yes; that Staff will review and approve the final design for the open-style fence. Commissioner Palmer asked if Hoyt-DSW will design a metal, open- style fence? Mr. Hoyt stated yes. Mayor Mason requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4341 by title only. On motion of Vice Mayor Quillin and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 01-4341 on first reading. Vice Mayor Quillin referred Section 5. of proposed Ordinance No. 01-4341 as follows: (1) The proposed wall along Central Park Drive shall be designed and constructed according to Crime Prevention Through Environmental Design (CPTED) standards. Final plans for the wall shall be reviewed and approved by the Police Department and the Planning Department prior to the issuance of any building permits for development on the site. Vice Mayor Quillin continued that the term "wall" should be, changed to "CPTED-designed metal fence" to indicate the Commission's preference; that a wall and a fence are very different objects; that proposed Ordinance No. 01-4341 should be as specific as possible; and asked if changing the term "wall" to CPTED-designed metal fence" is appropriate? City Attorney Taylor stated that the proposed change raises two concerns; that the first concern is ensuring the réquirements of the Zoning Code (1998) are fulfilled; that the second concern is allowing the. Applicant some flexibility in preparing a design for the fence, which has not been initiated; that unforeseen complications could arise if a certain type of fence is specified. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that specifying a specific type of fence is acceptable; that the Zoning Code (1998) only requires a fence not exceed 6.5 feet in height and not impede visibility; that specifying a particular design, style, or type of fence or wall will be supported by Staff. Vice Mayor Quillin stated that the Applicant indicated a preference to construct an open-style, metal fence which complies BOOK 50 Page 21952 10/01/01 6:00 P.M. BOOK 50 Page 21953 10/01/01 6:00 P.M. with CPTED standards; that the desire is to ensure the preferred type of fence is constructed; and asked if changing the term "wall" to "CPTED-designed metal fence!" in proposed Ordinance No. 01-4341 is appropriate? Mr. Litchet stated yes. Commissioner Palmer stated that a definite type and style of fence should not be specified in proposed Ordinance No. 01-4341; that the Applicant should be allowed a certain amount of flexibility in preparing a design for the fence. Mr. Freedman stated that the term "wall" could be replaced with the phrase "fence adhering to the principles of CPTED"; that a certain amount of flexibility should be allowed to prepare a design for the fence. Mayor Mason stated that the term "wall" is not a personal concerni that proposed Ordinance No. 01-4341 specifically indicates the wall must be designed according to CPTED standards; that a wall or fence designed according to CPTED standards would not be. solid or opaque; that proposed Ordinance No. 01-4341 should not be revised. Mr. Litchet stated that Section 5 of proposed Ordinance No. 01-4341 could be revised as follows if desired: (1) The proposed wall or fence along Central Park Drive shall be designed and constructed according to Crime Prevention Through Environmental Design (CPTED) standards. Final plans for a wall or fence shall be reviewed and approved by the Police Department and the Planning Department prior to the issuance of any building permits for development on the site. Mr. Litchet continued that the Commission's preferences for the type and style. of fence are understood; that chain link or picket fencing will not be approved by Staff; that a open-style, metal fence will be the requirement; that the goals and preferences of the Commission will be followed. Vice Mayor Quillin stated that the proposed revision is supported. Commissioner Palmer asked if Ordinance No. 01-4341 requires such a revision? City Attorney Taylor stated that Section 5 of proposed Ordinance No. 01-4341 will be revised to indicate a "wall or fence" which is not a "chain link fence" and which conforms to CPTED standards; that the exact language will be developed in conjunction with the input of Staff and the Applicant and provided for approval at second reading of proposed Ordinance No. 01-4341; that the approval of Staff. will be required prior to the issuance of a building permit. Mayor Mason restated the motion as to pass proposed Ordinance No. 01-4341 on first reading with a revision to Section 5 to indicate a "wall or fence" which is not a "chain link fence" and which conforms to Crime Prevention Through Environmental Design standards and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yes; Mason, yes; Palmei, yes; Quillin, yes. 13. CITIZENS' INPUT CONCERNING CITY TOPICS - REFERRED TO THE ADMINISTRATION: 1) THE CONCERNS OF THE BAYS BLUFF CONDOMINIUM ASSOCIATION (BBCA) REGARDING THE MULTI-USE RECREATIONAL TRAIL (MURT) AND 2) THE STATUS OF THE AUGUST 14, 2001, LETTER FROM JOHN FULTON, TO THE COMMISSION (AGENDA ITEM V) #1 (3095) through #2 (0105) CD 7:17 through 7:30 The following people came before the Commission: Gene Hirschberg, 1100 Imperial Drive (34236), representing the Bays Bluff Condominium Association (BBCA), read from a prepared statement indicating that a presentation concerning the multi- use recreational trail (MURT) was provided to the BBCA by Engineering Staff on September 25, 2001; that the BBCA is opposed to the construction of the MURT along the Bayfront near the Bays Bluff Condominium; that the specific concerns of the BBCA would require significant time to explain and will be presented to the Commission at a future meeting; that the City has been working to finalize a. design for the MURT for many years; that the BBCA has many objections to the proposed design for the MURT which were voiced at the meeting with Engineering Staff; that the MURT should not be constructed as planned; that many current residents of Bays Bluff Condominium indicated personal properties will be sold if the MURT is constructed as planned; that the views of and access to Sarasota Bay for Bays Bluff Condominium residents must not be impeded or obstructed; that the concept of a MURT is supported; however, the proposed design of the MURT contains many flaws and is not acceptable. BOOK 50 Page 21954 10/01/01 6:00 P.M. BOOK 50 Page 21955 10/01/01 6:00 P.M. Vice Mayor Quillin asked if Mr. Hirschberg serves on the BBCA Board of Directors? Mr. Hirschberg stated no; however, he was designated by the BBCA Board of Directors to serve as the BBCA's representative to the Commission concerning the MURT; that none of the members of the BBCA Board of Directors, including the President and Vice President, could attend thé current meeting due to prior commitments; that he has served previously as member of the BBCA Board of Directors on many occasions. Vice Mayor Quillin stated that the BBCA's concerns for the MURT should be referred to the Administration; that the MURT is an important City project; that a compromise must be reached between the BBCA and the City to proceed with the construction of the MURT. Mr. Hirschberg stated that the MURT has been a City project for many years and is being funded by the City and the Florida Department of Transportation; that a compromise with the City is desired. Vice Mayor Quillin stated that a list of members of the BBCA Board of Directors should also be provided to the Administration; that the BBCA Board of Directors will be contacted to discuss the conçerns and objections to the MURT. Mr. Hirschberg stated that at the September 25, 2001, meeting with the BBCA, Engineering Department Staff received many complaints and objections from Bays Bluff Condominium residents. Commissioner Palmer stated that a list of the specific concerns of the BBCA should be provided to the Administration. John Fulton, P.0. Box 48478 (34230), stated that an August 14, 2001, letter to the Commission indicated a number of concerns which the City should investigate for resolution and was presented to the Commission at the August 27, 2001, Special Commission meeting; however, a resolution of the concerns has not been provided; that no personal contact has been made by Staff or the Administration; and asked if the Commission reviewed the August 14, 2001, letter? Commissioner Palmer stated no; and asked the general nature of the requests to the City? Mr. Fulton stated that. assistance from the City concerning the persecution of the Fulton family in the Çity by other local government agencies was requested; that additional copies of the August 14, 2001, letter will be provided to the Commission if desired. City Auditor and Clerk Robinson asked if the August 14, 2001, letter concerned the status of Mr. Fulton's request to register to vote in the City? Mr. Fulton stated no; that the concerns should not be discussed without the Commission's review of the August 14, 2001, letter, which will be reproduced and provided to the Commission if necessary. Mayor Mason stated that hearing the Commission's agreement, the consensus of the Commission is to refer the concerns indicated in the August 14, 2001, letter from Mr. Fulton to the Administration to provide a report. Paul Thorpe, Executive Director, Downtown Association of Sarasota, Inc. (Downtown Association), 1818 Main Street (34236), stated that the 2001 Annual Conference of the Florida Redevelopment Association (FRA) will be held in Miami, Florida, on October 10 through 12, 2001; that all Commissioners are encouraged to attend; that Vice Mayor Quillin will be providing a presentation at a seminar of the FRA 2001 Annual Conference. Mr. Thorpe referred to a displayed slide of a computer-generated drawing of an awning proposed for the Lemon Avenue Mall and continued that the Main Street Station at the Lemon Avenue Mall is almost operational; that a special event entitled "United We Stand, Let's Roll: A Special Event to Celebrate Being an American" will be held from 6 to 9 p.m., October 5, 2001, at the Lemon Avenue Mall; that the phrase "Let's Roll" was specifically utilized to honor the courageous American citizens - of United Airlines Flight No. 93 who thwarted the efforts of terrorists to use the airplane for a terrorist attack on other citizens; that fire fighters from the Sarasota County Fire Department will attend the event; that a large ladder truck will accompany the fire fighters to the event and will display American flags; that Sarasota Police Department Staff will also attend the event; that representatives from the American Red Cross, Southwest Florida Chapter, will attend to receive donations for the families BOOK 50 Page 21956 10/01/01 6:00 P.M. BOOK 50 Page 21957 10/01/01 6:00 P.M. affected by the terrorist attacks of September 11, 2001; that patriotic music, will be provided at the event; that ice cream and other food stuffs will be sold at the event, which is open to the public; that the event will be part of the Downtown Stroll, which is held on the first Friday- of each month; that the public is encouraged to attend the event, which will also constitute the preliminary opening of the Main Street Station at the Lemon Avenue Mall; that the Main Street Station will be fully operational by. November 2; 2001. 14. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 01R-1418, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $1.5 MILLION FROM THE FIRST FLORIDA GOVERNMENTAL FINANCING COMMISSION; REFINANCING OF A PRIOR LOAN MADE BY THE COMMISSION TO THE CITY; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FIRST FLORIDA GOVERNMENTAL FINANCING COMMISSION; APPROVING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT : APPROVING THE EXECUTION OF AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE; ; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN ; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM VI-1) #2 (0105) through (0172) CD 7:30 through 7:32 City Manager Designate McNees stated that the Commission adopted Resolution No. 01R-1356 authorizing. a loan not to exceed $6 million and a refunding not to exceed $1.5 million for a total of a $7.5 million loan from the First Florida Governmental Financing Commission (FFGFC) at the April 2, 2001, Regular Commission meeting; that the refunding did not occur as the lower interest rates offered for the refinancing at that time closed and a net present value (PV) savings would not have been realized; that the FFGFC is preparing a new bond issue to offer a refunding of 1994 loans to FFGFC members; that Resolution No. 01R-1418 is to accept the new Series 2001B bond issued by the FFGFC to refund the City's 1994 FFGFC loan; that the net PV savings will be approximately $43,000 or 3.4 percent of the bond refunded. City Auditor and Clerk Robinson read proposed Resolution No. 01-1418 by title only. City Manager Designate McNees stated that the Administration recommends adopting proposed Resolution No. 01R-1418. On motion of Vice Mayor Quillin and second of Commissioner Palmer, it: was moved to adopt proposed Resolution No. 01R-1418. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yes; Palmer, yes; Quillin, yes; Martin, yes. 15. UNFINISHED BUSINESS: REPORT RE: : TRANSPORTATION CONCURRENCY EXCEPTION AREA (TCEA) QUARTERLY REPORT RECEIVED REPORT (AGENDA ITEM VI-2) #2 (0175) through (0638) CD 7:32 through 7:46 Dennis Daughters, Director of Engineering/CiEy Engineer, and Osama Freija, Traffic Engineer I, Engineering Department, came before the Commission. Mr. Daughters stated that the presentation concerns the Transportation Concurrency Exception Area (TCEA) quarterly report requested by the Commission at the June 18, 2001, Regular Commission meeting; that previous TCEA reports have been presented annually. Mr. Freija referred to the September 25, 2001, Interoffice Memorandum to the Commission included in the Agenda backup material with the Transportation Concurrency Exception Area (TCEA) quarterly report and stated that an item-by-item explanation can be provided or questions answered depending upon the wishes of the Commission. Vice Mayor Quillin referred to the September 25, 2001, Interoffice Memorandum including the current status of Recommendation No. 8 approved by the Commission at the June 18, 2001, Regular Commission meeting as follows: (8) Mandate participation in the Transportation Management Organization (TMO), as managed by the Downtown Association of Sarasota, Inc. (Downtown Association), by all new development within the TCEA: Done The Commission and or Planning Board/Local Planning Agency (PBLP) have consistently been accepting the Engineering Department's recommendation to mandate all new development participating in the TMO. Vice Mayor Quillin asked for clarification of the status of Recommendation No. 8. BOOK 50 Page 21958 10/01/01 6:00 P.M. BOOK 50 Page 21959 10/01/01 6:00 P.M. Mr. Freija stated that new development in the City must participate in the Transportation Management Organization (TMO). Vice Mayor Quillin asked the number of members currently involved in the TMO and the number of meetings held? Mr. Freija stated that no meetings have been held to date as a TMO Executive Director has not been hired; that two finalists have been selected for the position of TMO Executive Director; that a decision was to have been made by 5 p.m., October 1, 2001; however, the Downtown Association has not yet been contacted for confirmation of a selected TMO Executive Director; that a report concerning the candidate hired as TMO Executive Director by the Downtown Association will be made to the Commission at the October 15, 2001, Regular Commission meeting. Vice Mayor Quillin stated that the candidate selection process has been lengthy; that a report of performance measures and goals of the TMO should be presented at the October 15, 2001, Regular Commission meeting. Mr. Freija stated that the Commission's concerns are shared by Staff; that the TMO will benefit the Downtown; that the selected TMO Executive Director's goals are currently unknown; that the selected TMO Executive Director may require time to determine and articulate goals for the TMO; that TMO goals will be established and presented to the Commission through the Engineering Department at such time as determined. Vice Mayor Quillin stated that the TMO Executive Director selection process has been lengthy; that the selected TMO Executive Director should be prepared to present tangible TMO goals to the Commission at the October 15, 2001, Regular Commission meeting; that Staff and the community require assistance with the TCEA which tangible TMO goals can provide. Commissioner Palmer concurred and stated that the Downtown Association indicated an employment offer was made to the selected TMO Executive Director candidate and a response is awaited; that a second TMO Executive Director candidate was also selected; that an employment offer will be made to the second TMO Executive Director candidate if the first selected TMO Executive Director candidate declines; that the TMO process has been trustrating; that the Downtown Association is aware of the Commission's frustration and concern; that the selected TMO Executive Director should present a proposal including goals and procedures for proceeding with the TMO at the October 15, 2001, Regular Commission meeting; that the first selected TMO Executive Director candidate lives outside the State and will hopefully relocate with sufficient time to prepare a report if accepting the position. Mr. Daughters stated that a report will be provided at the October 15, 2001, Regular Commission meeting regardless of the hiring status of a TMO Executive Director. Commissioner Palmer stated that the selected TMO Executive Director or a member of the Downtown Association should provide a report concerning the TMO at the October 15, 2001, Regular Commission meeting. Mr. Daughters stated that the Downtown Association, as the TMO manager, is required to make a quarterly TMO report to the Commission and a monthly report to the Engineering Department; that no new information was available from the Downtown Association for the current TMO quarterly report; that the Downtown Association is also required to provide performance measurements for the TMO; that the objectives of the Downtown Association as TMO manager are Clear. Commissioner Palmer stated that the Engineering Department is commended for efforts in advancing the TMO; and referred to the September 25, 2001, Interoffice Memorandum including the current status of Recommendation Nos. 10 and 11 as follows: (10) To proceed with the Florida Department of Transportation (FDOT) Sarasota Downtown Mobility Study (Downtown Mobility Study), specifically addressing the following: A. Regional by-pass B. New access corridors C. Park-n-Ride D. Application of roundabouts E. Critical intersections F. edestrian/Bicycle Quality of Service (Q0S) programs Partially Done The Engineering Department will present the Joint Participation Agreement (JPA) to the Commission during the October 15, 2001, Regular Commission meeting to request approval of funds to BOOK 50 Page 21960 10/01/01 6:00 P.M. BOOK 50 Page 21961 10/01/01 6:00 P.M. upfront the cost of the Downtown Mobility Study for earlier completion. Consultant selection is anticipated to occur during November 2001 and the Downtown - Mobility Study is anticipated to begin in December 2001. (11) To report in June 2002 as to: the retention, modifications, or elimination of the interim standards: The Engineering Department will present the TCEA Annual Report to. the Commission in June 2002. Commissioner Palmer stated that the possibility of modifying or eliminating the interim standards in June 2002 is a concern; that. alteration of any standard in the TCEA requires an amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) which is a lengthy processi that the Downtown Mobility Study will require at least a year to complete; that the interim standards should not be modified or eliminated until after the Downtown Mobility Study is completed; and asked the timeframe for the Downtown Mobility Study and the reason for reporting interim standard changes in June 2002? Mr. Daughters stated that the Downtown Mobility Study agreement will be finalized prior to October 5, 2001, and presented to the Commission in the future; that the Florida Department of Transportation (FDOT) regulations for the Downtown Mobility Study provide 15 months for completion; that Staff will request the Downtown Mobility Study be competed in 12 months; that the Downtown Mobility Study will be completed at the earliest in 2003; that reporting the status of the interim standards in June 2002 does not coincide with the completion of the Downtown Mobility Study, which will not provide sufficient evaluation information for consideration in June 2002; that changes to the TCEA require an amendment to the City's Comprehensive Plan which is a lengthy process; that the TCEA quarterly reports will apprise the Commission of situations requiring modification or elimination of a TCEA interim standard; that recommendations concerning possible modifications or elimination of a TCEA interim standard will be presented in the TCEA quarterly report; that recommendations for modification or elimination of TCEA interim standards will also likely. be determined during the completion of the Downtown Mobility Study in 2003; that no new developments involving traffic studies have been approved by the Commission or the Planning Board Local Planning Agency (PBLP) in the last quarter; that projects are being developed which will be brought before the Commission during the next quarter; that information concerning the TCEA will be provided to the Commission as appropriate. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to receive the Transportation Concurrency Exception Area (TCEA) quarterly report. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 16. REMARKS OF COMMISSIONERS ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #2 (0639) through (1028) CD 7:47 through 7:58 VICE MAYOR QUILLIN: A. stated that thanks are extended to the Mayor for reading the Mayor's Citation to Katharina Klopfer; that Ms. Klopfer's internship was excellent; that internships should be encouraged for future foreign exchange students; that a partnership can be formed with the Sarasota Sister Cities Association (SSCA) to explore further foreign exchange. internship programs in local government and business; that Ms. Klopfer's internship was unique to the City and will hopefully be repeated. B. stated that the September 25, 2001, Memorandum from the Acting Director of Neighborhoods included with the Commission Information Memorandum in the Agenda backup material indicates a necessity for funding the development of a Neighborhood Resource Center; that the Neighborhood Resource Center should be available for neighborhood associations to have access to telephones, a facsimile machine, computers, printers, bookshelves, a photocopier, and City resources and databases; that the Department of Neighborhoods has excess space which can be set aside as a Neighborhood Resource Center; that funding is not necessaryi that the Department of Neighborhoods is currently experiencing significant transition; that the Administration should recommend a space for the Neighborhood Resource Center. Mayor Mason stated that the Administration should have the opportunity to review and fully understand the needs of the Department of Neighborhoods prior to recommending space and/or funding for a Neighborhood Resource Center. BOOK 50 Page 21962 10/01/01 6:00 P.M. BOOK 50 Page 21963 10/01/01 6:00 P.M. City Manager Designate McNees stated that a proposal will be prepared for possible Neighborhood Resource Center sites; that some funding will be necessary for supplies for computers, facsimile machines, photocopiers, etc., regardless of the space designated for a Neighborhood Resource Center. Commissioner Palmer stated that the Department of Neighborhoods is currently in transition; that smooth operation of the Department of Neighborhoods is vitally important to the City. City Manager Designate McNees stated that the Department of Neighborhoods is currently the Administration's highest priority. Commissioner Palmer stated that the Administration's mutual concern for the Department of Neighborhoods is appreciated. COMMISSIONER MARTIN: A. stated that a warm welcome is extended to City Manager Designate McNees; that good teamwork is anticipated under the new City leadership. B. stated that a significant number of citizens have offered assistance with the design of the John Ringling Causeway Bridge replacement; that the City has a number of remarkable citizens; that many citizens with detailed expertise are willing to assist and inform the Commission; that a task force was created at the September 17, 2001, Regular Commission meeting to consider issues related to. mega-houses; that ad-hoc committees and task forces serve the Commission well and should be established more often; that the Administration is meeting with citizens concerned with the replacement bridge which is appreciated; that citizens are highly valued for service to the Commission. C. stated that oak trees were recently trimmed on Lemon Avenue at the Main Street Depot in preparation for the new Main Street Station; that the, tree-trimming was not properly supervised by an arborist; that the tree-trimming was excessive and overdone; that the oak trees along Lemon Avenue at the Main Street Depot are at risk of not surviving the winter with the upcoming cold weather; that the City and the Commission are often excited about new projects; however, caution should be exercised to ensure proper supervision of projects; that the City's arborist was unaware of the tree-trimming; that the excessive tree-trimming is a concern and disappointing. Vice Mayor Quillin stated that she was present during a portion of the tree-trimming; that many of the oak trees were heavily. stressed prior to the tree-trimming; that James West, Landscaping Maintenance Supervisor, Public Works Department, is a certified arborist and supervised the tree-trimming; that Mr. West noticed many heavily stressed oak trees with parasitic moss; that the oak trees along Lemon Avenue at the Main Street Depot had not been trimmed as necessary and were frequently cut back by vendors during the Farmers' Market. Commissioner Martin stated that the Director of Public Works indicated the tree-trimming was improperly and excessively performed; that the desire is to avoid excessive and unsupervised tree-trimming in the future. D. stated that a meeting with the Mayor and a representative of the State Commission of Human Rights was recently attended; that the City previously held a workshop conçerning racism entitled Sarasota Openly Addresses Racism (SOAR); that a committee to address human rights issues should be established in the City or County; that the meeting with the representative from the State Commission of Human Rights was informative; that many ideas were shared; that the Commission will be informed about new developments concerning a committee for human rights in the City or County. Mayor Mason stated that the State Commission of Human Rights should be encouraged to make a presentation at a Commission Workshop meeting. COMMISSIONER PALMER: A. stated that a warm welcome is extended to City Manager Designate McNees; that a meeting was held with the City Manager Designate prior to the October 1, 2001, Regular Commission meeting; that the City Manager Designate demonstrated knowledge and understanding of the October 1, 2001, Regular Commission meeting Agenda; that BOOK 50 Page 21964 10/01/01 6:00 P.M. BOOK 50 Page 21965 10/01/01 6:00 P.M. future work with the City Manager Designate is eagerly anticipated: MAYOR MASON: A. concurred and stated that a public forum will be held at 7 p.m., October 2, 2001, at the Newtown Community Center to discuss the Newtown Redevelopment Plan; that the public meeting was advertised; that high attendance is anticipated. 17. OTHER AITERSABADISTHIIV: OFFICERS (AGENDA ITEM XI) #3 (1029) through (1039) CD 7:58 through 7:58 CITY MANAGER DESIGNATE MCNEES: A. stated that the welcome received upon arrival in the City is appreciated. 18. ADJOURN (AGENDA ITEM XII) #2 (1042) CD 7:58 There being no further business, Mayor Mason adjourned the Regular meeting of October 1, 2001, at 7:58 p.m. Cantlp - MAa ane CAROLYN IJ. MASON, MAYOR ATTESTSOTA B * - a BllE Rabenson BILLY E. ROBINSON, CITY AUDITOR AND CLERK 91)