MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 7, 2003 AT 2:30, P.M. PRESENT: : Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:30 There was no one signed up to speak. 2. APPROVAL RE: : MINUTES OF THE REGULAR CITY COMMISSION MEETING OF MARCH 3, 2003, THE STATUTORY CITY COMMISSION MEETING OF MARCH 12, 2003, AND THE SPECIAL CITY COMMISSION MEETING OF MARCH 25, 2003 = APPROVED ; MINUTES OF THE REGULAR CITY COMMISSION MEETING OF MARCH 17, 2003 APPROVED AS CORRECTED ; MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF MARCH 14, 2003 REMOVED (AGENDA ITEM II-1, -2, -3, -4, AND -5) CD 2:31 through 2:33 Mayor Mason asked if the Commission had any changes to the minutes of the Regular City Commission meeting of March 3, 2003, and the Statutory City Commission meeting of March 12, 2003? Mayor Mason stated that hearing no changes, the minutes of the Regular City Commission meeting of March 3, 2003, and the Statutory City Commission meeting of March 12, 2003, are approved by unanimous consent. Mayor Mason asked if the Commission had any changes to the minutes of the Special City Commission meeting of March 14, 2003. Commissioner Martin stated that City Manager McNees made remarks regarding costs at the time of deconsolidation and subsequent BOOK 53 Page 25156 04/07/03 2:30 P.M. BOOK 53 Page 25157 04/07/03 2:30 P.M. inflation which should be included in Agenda Item I-A-1(B) concerning the Non Quasi-judicial Public Hearing regarding Proposed Ordinance No. 03-4458, Amending Chapter 24, Article II, Division 2, Fire, of the Code of Sarasota. City Auditor and Clerk Robinson stated that the minutes of the Special City Commission meeting of March 14, 2003, will be removed from the Agenda since adding additional comments is suggested. Mayor Mason asked if the Commission had any changes to the minutes of the Special City Commission meeting of March 17, 2003. Commissioner Servian quoted the following from Agenda Item XV, Remarks of Commissioners, Announcements and Items for Next Agenda, from the minutes of the March 17, 2003, Regular Commission meeting: COMMISSIONER SERVIAN: A. distributed a brochure B. stated that the number of attendees for the first neighborhood Action Strategy C. stated that black mold is a problem at some of the public housing complexes Commissioner Servian stated that the remarks were made by Mayor Mason. Mayor Mason stated that the minutes should be corrected; that hearing no further changes, the minutes of the Regular City Commission meeting of March 17, 2003, are approved as corrected by unanimous consent. Mayor Mason asked if the Commission had any changes to the minutes of the Special City Commission meeting of March 25, 2003? Mayor Mason stated that hearing no changes, the minutes of the Special City Commission meeting of March 25, 2003, are approved by unanimous consent. 3. BOARD ACTIONS RE: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY' S SPECIAL MEETING OF MARCH 5, 2003 - RECEIVED REPORT; SET PROPOSED ZONING TEXT AMENDMENT APPLICATION NO. 03-ZTA-03 FOR PUBLIC HEARING WITH THE EXCEPTION OF AMENDMENTS TO SECTION VI-404 AND ARTICLE VII, / DIVISION 10, ZONING CODE (2002 ED.) AS RECOMMENDED BY THE PLANNING BOARD, /LOCAL PLANNING AGENCY (AGENDA ITEM III-1) CD 2:33 through 2:36 Kenneth Shelin, Chair of the Planning Board/Local Planning Agency (PBLP), and Michael Taylor, Deputy Director of Planning, came before the Commission. Mr. Shelin stated that the following item was discussed at the March 5, 2003, Special PBLP meeting: Proposed Zoning Text Amendment Application No.03-ZTA-03, first cycle 2003. Mr. Shelin that the PBLP conducted a public hearing to receive testimony and public input and voted unanimously to find proposed Zoning Text Amendment Application No. 03-ZTA-03 satisfies the Standards for Review in Section IV-1206, Zoning Code (2002 Ed.) and recommended Commission approval subject to the following recommended modifications of the proposed revisions to the Zoning Code (2002 Ed.): Short Title of Issue/Section Recommended Modification Vehicle Signs: Delete the following sentence from Section II-201, Definitions the definition of sightseeing vehicle "The term 'sightseeing vehicle, - excludes any motor vehicle, which is used in the rendition of regular local transit service over a definite and fixed route in accordance with a prescribed schedule." Outdoor Work and Storage: Add exemption for plant nurseries. Section VI-503(K) (3) (b) and (c) and Section VI-703(K) (3) (b) and (c) Temporary Auto Sales at Fairgrounds: 1) Limit sales to new cars, Section VII-602(EE) 2) Require landscape buffer along entire length of Fruitville Road, 3) Eliminate the requirement to replace the existing sign on Fruitville Road, 4) Sunset provision of 4 years after the effective date. Refuse Storage Standards: Staff will research adding gas Section VII-1401 lighting standards in a future zoning text amendment BOOK 53 Page 25158 04/07/03 2:30 P.M. BOOK 53 Page 25159 04/07/03 2:30 P.M. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to receive the board report of the March 5, 2003, Special Planning Board/Local Planning Agency meeting. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to set proposed Zoning Text Amendment Application No. 03-ZTA-03 for public hearing with the exception of amendments to Section VI-404 and Article VII, Division 10, Zoning Code (2002 Ed.) as recommended by the Planning Board/Local Planning Agency. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 4. BOARD ACTIONS RE: : REPORT RE: : HISTORIC PRESERVATION BOARD': S SPECIAL MEETING OF MARCH 3, 2003, AND THE REGULAR MEETING OF MARCH 11, 2003 - RECEIVED REPORTS; SET HISTORIC DESIGNATION APPLICATION NOS. 03-HD-02 AND 03-HD-04 FOR PUBLIC HEARING; APPROVED THE EXPENDITURE OF $700 FROM THE HISTORIC PRESERVATION DEMOLITION FUND FOR CONSULTANT SERVICES FOR A PROPOSED HISTORIC DISTRICT FOR THE MCCLELLAN PARK NEIGHBORHOOD, ; AND APPROVED THE EXPENDITURE OF $2,500 FROM THE HISTORIC PRESERVATION DEMOLITION FUND TO HELP SPONSOR A PROJECT BY THE UNIVERSITY OF SOUTH FLORIDA SARASOTA/MANATEE REGIONAL CAMPUS TO CREATE AN INTERACTIVE VIDEO OF THE SARASOTA SCHOOL OF ARCHITECTURE SYMPOSIUM (AGENDA ITEM III-2) CD 2:36 through 2:41 Tom Luzier, Chair of the Historic Preservation Board, and John Burg, Chief Planner, Planning Department, came before the Commission. Mr. Luzier presented the tollowing items from the March 3, 2003, Special meeting of the Historic Preservation Board: A. Historic Designation Application No. 03-HD-02 Gulf Beach Motel 930 Ben Franklin Drive Mr. Luzier stated that Staff from the Sarasota County Department of Historical Resources determined the structure located at 930 Ben Franklin Drive, historically known as the Gulf Beach Motel, is of historical significance; that the Historic Preservation Board unanimously voted to recommend historic designation of the structure located at 930 Ben Franklin Drive, which meets the following criterion listed under Section IV-806(B) of the Zoning Code (2002 Ed.): 3. Represents a geographically defined entity whose individual structural components collectively convey a sense of time and place in history. Mr. Luzier continued that the presence of buildings and structures within the area collectively exemplify a World War II era Florida resort motel; that the motels were popularized by increased tourism made possible by the expanded use of automobile following World War II. Mr. Luzier further stated that a significant amount of testimony was received from the property Owners in the area in support of Application No. 03-HD-02; that an owner of a minority interest in property in the area indicated some concern regarding redevelopment in the area; however, Application No. 03-HD-02 meets the local criteria for historic designation; therefore, the Historic Preservation Board recommended approval. Mr. Luzier presented the following items from the March 11, 2003, Regular meeting of the Historic Preservation Board: B. Historic Designation Application No. 03-HD-04 Rosemary Cemetery 800 Block Central Avenue Mr. Luzier stated that Staff from the Sarasota County Department of Historical Resources determined the structure located in the 800 block of Central Avenue, historically known as the Rosemary Cemetery, is of historical significance; that the Historic Preservation Board voted unanimously to recommend historic designation of the structure located at 930 Ben Franklin Drive, which meets the following criteria listed under Section IV-806(A) of the Zoning Code (2002 Ed.): 2. Is associated with events which have made a significant contribution to the broad patterns of our local, state or national historyi and 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. BOOK 53 Page 25160 04/07/03 2:30 P.M. BOOK 53 Page 25161 04/07/03 2:30 P.M. Mr. Luzier continued that Rosemary Cemetery is the first public cemetery in Sarasota and representative of Sarasota's early settlement and sense of community. Mr. Luzier further stated that a recommendation was received from a member of the PBLP recommended the Commission consider the expenditure of matching funds during the next fiscal year to assist with maintenance for the cemetery. C. Proposed Historic District for the McClellan Park Neighborhood. Mr. Luzier stated further that the Historic Preservation Board voted 6 to 0 to recommend the Commission approve the expenditure of $700 from the historic preservation demolition fund for consultant services to be rendered by Mikki Hartig, Historical and Architectural Research Services, to conduct the preliminary work as outlined in the March 3, 2003, proposal included in the Agenda backup material, for a possible creation of a historic district for the McClellan Park Neighborhood. D. Proposal from University of South Florida, Sarasota Mr. Luzier stated that the Historic Preservation Board voted 6t to 0 to recommend the Commission approve the expenditure of $2,500 from the historic preservation demolition fund to help sponsor a project by the University of South Florida Sarasota/Manatee Regional Campus to create an interactive video of the Sarasota School of Architecture Symposium. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to receive the reports of the March 3, 2003, Special meeting and the March 11, 2003, Regular meeting of the Historic Preservation Board. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to set Historic Designation Application Nos. 03-HD-02 and 03-HD-04 for public hearing, to approve the expenditure of $700 from the historic preservation demolition fund for consultant services for a proposed Historic District for the McClellan Park Neighborhood, to approve the expenditure of $2,500 from the historic preservation demolition fund to help sponsor a project by the University of South Florida Sarasota/Manatee Regional Campus to create an interactive video of the Sarasota School of Architecture Symposium. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. 5. BOARD ACTIONS RE: REPORT RE: PUBLIC ART COMMITTEE REGULAR MEETING OF MARCH 12, 2003 = RECEIVED REPORT; AUTHORIZED STAFF TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT WITH THE FLORIDA HOLOCAUST MUSEUM TO BE LOCATED ON THE CENTRAL BAYFRONT DURING THE MONTH OF FEBRUARY 2004 AND TO AUTHORIZE STAFF TO EXTEND AND REVISE THE LEASE AGREEMENT WITH THE SARASOTA SEASON OF SCULPTURE THROUGH MAY 2004, WITH THE ADDITION OF LANGUAGE ADDRESSING THE PUBLIC SAFETY ISSUES AND NONEXCLUSIVE RIGHTS TO BE BROUGHT BACK TO THE CITY COMMISSION FOR FINAL APPROVAL; APPROVED THE REPAIR OF THE, SCULPTURE ENTITLED, "EARTH MOTHER" BY THE RESOURCE FACTOR FOR AN AMOUNT NOT TO EXCEED $7,000 (AGENDA ITEM III-3) CD 2:41 through 3:14 George Haborak, Chair, Public Art Committee, and John Burg, Chief Planner, Planning Department, came before the Commission. Mr. Haborak presented the following items from the March 12, 2003, Regular meeting of the Public Art Committee (PAC) : A. Extension of lease agreement for the Sarasota Season of Sculpture. Mr. Haborak stated that at its March 12, 2003, Regular meeting, the PAC received a request from the Sarasota Season of Sculpture to extend the existing lease agreement which expires on May 31, 2003, until October 2004; that the extension is to allow the 22 sculptures to remain on the Bayfront until the next exhibit begins in November 2004; that the extension will also allow the exhibit to transition from a biennial exhibit to an annual exhibit including new works of art each yeari however, the request conflicts with a request made by the Florida Holocaust Museum to display the exhibition "Coexistence" which consists of 33 display panels during February 2004 on the Bayfront in the existing location of the Sarasota Season of Sculpture exhibit; that a motion to recommend extension of the lease agreement for the Sarasota Season of Sculpture to December 31, 2003, failed by a 2 to 2 vote. BOOK 53 Page 25162 04/07/03 2:30 P.M. BOOK 53 Page 25163 04/07/03 2:30 P.M. B. Proposal by Florida Holocaust Museum. Mr. Haborak stated that at its March 12, 2003, Regular meeting, the PAC received a request from the Florida Holocaust Museum to display the exhibition "Coexistence" during February 2004 on the Bayfront; that the PAC voted unanimously to recommend the Commission accept the proposal from the Florida Holocaust Museum to place the exhibition on the Bayfront. Mr. Burg stated that on April 2, 2003, Staff, the City Manager, Stephen Goldman, representing the Florida Holocaust Museum, and Charles Kuykendall, representing the Sarasota Season of Sculpture, met at Bayfront Park; that the meeting was held to view the Sarasota Season of Sculpture exhibit, to examine a site plan with a potential layout of the Coexistence exhibit prepared by Mr. Kuykendall, and to discuss ways in which both exhibits could occur during February 2004 at Bayfront Park; that a significant amount of space is available at the site. Mr. Burg referred to a site plan displayed on the Chamber monitors and stated that the site plan indicates the Sarasota Season of Sculpture artwork current.y in place and the potential locations for the eleven triangles which comprise the Coexistence exhibit; that all parties agreed the general site plan prepared by Mr. Kuykendall would work well; that the eleven triangles which comprise the Coexistence exhibit would be interspersed with existing sculptures from the Sarasota Season of Sculpture exhibit between Main Street and Ringling Boulevard; that some of the triangles would be placed overlapping the sidewalk and the grass area just east of the berm; that lighting would be adjusted to illuminate the Coexistence exhibit during the time on the site; that the Sarasota Season of Sculpture kiosk near Main Street would be used by the Florida Holocaust Museum for banners announcing the Coexistence exhibit. Mr. Burg continued that the Administration's revised recommendations are to: negotiate and execute a lease agreement with the Florida Holocaust Museum for the Coexistence exhibit which will be located on the Central Bayiront during the month of February 2004; and extend the lease agreement with the Sarasota Season of Sculpture through May 2004. Mr. Burg further stated that subsequent to the April 2, 2003, site meeting, the City Attorney's Office indicated language should be included in the Sarasota Season of Sculpture lease agreement extension which indicates the Sarasota Season of Sculpture does not have exclusionary use of the site. City Manager McNees stated that to clarify, the intent was not to overrule the decision of the PAC regarding the Sarasota Season of Sculpture; that moving forward with the lease agreement extension at this time is supported; that the option is to send the lease agreement back to the PAC for review. Commissioner Servian asked if the potential liability of displaying the sculptures during hurricane season has been addressed? Mr. Burg stated that extensive discussions took place at the PAC meetings regarding anchoring of the sculptures; that some sculptures have auger screws which serve as an anchor; that display of the sculptures during hurricane season has not been addressed. Mr. Haborak stated that the sculptures displayed on the Bayfront are insured. Commissioner Servian stated that the possibility of the sculptures becoming projectiles during a hurricane is a concern for people in vehicles and boats as well as people living in the vicinity of the exhibit. Mr. Haborak stated that hurricane season was a reason the PAC voted against the extension of the lease agreement to December 31, 2003; that the Sarasota Season of Sculpture lease was extended on two occasions; that the PAC supports the Sarasota Season of Sculpture; that the sculptures would require dismantling prior to September 1, 2003, if another extension is made to avoid hurricane season; that extending the lease agreement to May 2004 would penalized the Florida Holocaust Museum; that no one can have exclusive use of the property for a stand alone, solo exhibit; that the suggestion is to merge the exhibits for the Florida Holocaust Museum and the Sarasota Season of Sculpture; that the exhibitors desiring solo exhibits are being penalized. Commissioner Martin stated that the personal representations as well as the level of detail being provided are concerns; that BOOK 53 Page 25164 04/07/03 2:30 P.M. BOOK 53 Page 25165 04/07/03 2:30 P.M. the language in the lease agreement regarding exclusive use should be clarified. Mr. Burg stated that the City Attorney's Office suggested the addition of language regarding exclusive use since the proposal is to display both exhibits simultaneously; that a separate issue is the possibility for other groups to come forward and submit proposals for display of artwork. Commissioner Quillin stated that the Sarasota Season of Sculpture is supported; however, display of the sculptures during hurricane season is a concern; that other groups may desire to utilize the Bayfront for display and make plans for display at the time an existing display leaves; that the Florida Holocaust Museum may desire a stand alone exhibit; that other groups will likely not desire to compete with each other; that extending the Sarasota Season of Sculpture lease does not provide a comtortable feeling; that the Sarasota Season of Sculpture should submit a proposal for Commission consideration for an exhibit each year; that the Commission should have prior knowledge of requests for display; that a tropical storm could have potential ramifications for the exhibit; that extending the lease through hurricane season is not supported. On motion of Commissioner Martin and second of Vice Mayor Palmer, it was moved to receive the board report of the March 12, 2003, meeting of the Public Art Committee. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Commissioner Martin stated that the Commission previously referred the issue regarding extension of the lease agreement to the PAC; that the recommendation was for the Administration to assist with a solution which would be satisfactory to the Sarasota Season of Sculpture and the Florida Holocaust Museum; that a satisfactory solution has been presented; that the reason for becoming involved in the issue further at this time is not understood if the two parties desiring to use the site are satisfied; that a good reason to interfere at this point cannot be found; that many things are blown around during hurricane season; that hurricane season is not a reason to specifically target public art as a concern of the Commission; that sailboats are blown around during hurricane season as well; that a valid reason for bringing the issue regarding hurricane season into the discussion is not seen. Vice Mayor Palmer stated that agreement is expressed with most points raised by Commissioner Martin; that including additional language in the extension of the lease agreement for the Sarasota Season of Sculpture which provides opportunities for display space not only for the Florida Holocaust Museum but for other groups as well is supported. City Attorney Taylor stated that the additional language will eliminate any misunderstanding of the intent of the lease agreement. Vice Mayor Palmer stated that the problem of usage of the site by both the Florida Holocaust Museum and the Sarasota Season of Sculpture has been resolved; that warnings should be received prior to a hurricane; that the Sarasota Season of Sculpture should have time to secure the sculptures. Commissioner Servian stated that the issue regarding hurricanes remains a focus; that the issue has not been properly explored; that a couple of sculptures could be problematic and should be dismantled during hurricane season; that the concern is not for protecting the sculptures since the sculptures are insured; that the concern is for people attempting to evacuate and for people living in condominiums across the street; that one sculpture is made of fabric; that a concern is high winds will cause the sculpture to become airborne; that another red, white, and blue sculpture has a large surface facing the water which is a concern; that the remaining sculptures are of sufficient size and weight to withstand the winds from a hurricane; that the only concern is the issue requires attention and research; that the Sarasota Season of Sculpture exhibit is a wonderful addition to the Bayfront; that people are visiting the display and taking photographs; that the concern is the safety of people using US 41 during a hurricane. Commissioner Quillin agreed; and stated that trash cans and newspaper boxes are removed by the Public Works Department in the event of a hurricane; that the Sarasota Season of Sculpture is supported; that the Commission was personally lobbied to provide funds for lights for the display; however, providing exclusive display rights to the Sarasota Season of Sculpture or any organization without a policy is not supported; that lack of a policy provides exclusive use by extending the lease agreement which is not fair to other groups; that proper notice has not been provided; that the request to extend the lease agreement came before the Commission and was referred to the BOOK 53 Page 25166 04/07/03 2:30 P.M. BOOK 53 Page 25167 04/07/03 2:30 P.M. Administration; that extending the lease agreement as presented would establish a policy which would be unfair to other groups. On motion of Commissioner Quillin, it was moved to refer the issue regarding the extension of the lease agreement back to the Administration to provide notice to the community an extension to the lease agreement for the Sarasota Season of Sculpture is being considered. Motion died for lack of a second. Mayor Mason stated that the understanding is the City Attorney's Office is preparing language which will prevent exclusive rights of the exhibit site by the Sarasota Season of Sculpture. City Attorney Taylor stated that is correct. Mayor Mason asked if additional language can be included in the lease agreement which will address the concern regarding hurricane season; that the lease agreement could specify the Sarasota Season of Sculpture secure the sculptures or have the sculpture removed until a storm passesi that the Sarasota Season of Sculpture is supported; however, safety during a hurricane is a concern. City Attorney Taylor stated that language can be included in the lease agreement addressing exclusive use; that some practical issues such as sufficient timing may exist; that the lease agreement will expire if not extended; that the Commission can negotiate anything at this point; that the issues regarding risk management are not known. Mayor Mason passed the gavel to Vice Mayor Palmer. On motion of Commissioner Martin and second of Mayor Mason, it was moved to accept the Administration's recommendation to extend the lease agreement with the Sarasota Season of Sculpture through May 2004 and to accept the installation of the Coexistence exhibit during the month of February 2004 with the addition of addressing the concern expressed regarding safety during hurricane season. Vice Mayor Palmer asked if including the additional language regarding nonexclusive rights in the lease agreement is intended as part of the motion? Commissioner Martin stated that the issue regarding nonexclusive rights should be a separate motion; and continued that a solution has been identified regarding the display for the exhibits for the Florida Holocaust Museum and the Sarasota Season of Sculpture Exhibits; that both parties agree the site plan will work well; that both exhibits are wonderful and an excellent addition to the Cityi that having the Coexistence exhibit on the City's Bayfront is a privilege; that the concern regarding safety during hurricane season should be addressed. Mayor Mason agreed. Commissioner Servian asked if the maker of the motion would be willing to separate the issue regarding extension of the lease agreement with the Sarasota Season of Sculpture through May 2004 and to accept the installation of the Coexistence exhibit during the month of February 2004 from the issue regarding safety during hurricane season; that the issues are different and should be in two separate motions so the issues can be addressed separately. Commissioner Quillin agreed. Vice Mayor Palmer stated that a motion is on the table; that the City Attorney's Office has suggested the lease agreement is an exclusive lease; that a nonexclusive provision should be added upon renegotiation of the lease agreement; that a concern is nonexclusive rights is not part of the motion. Commissioner Martin stated that the language regarding nonexclusive rights is not available at this time, is not understood, and is the reason for not including the language in the motion; that specific direction regarding the language has not been provided; that specific direction regarding the language can be added to the motion; that once drafted, the specific language can come back to the Commission for review. Vice Mayor Palmer asked if the additional language prepared by the City Attorney's Office will come back to the Commission prior to approval of the extension to the lease agreement? City Attorney Taylor stated that the extension for the lease agreement can be revised to include the additional language addressing safety during hurricane season and nonexclusive rights; that the revised extension for the lease agreement will be brought back to the Commission. BOOK 53 Page 25168 04/07/03 2:30 P.M. BOOK 53 Page 25169 04/07/03 2:30 P.M. Vice Mayor Palmer asked if the maker and seconder of the motion are willing to include the additional language addressing safety during hurricane season and nonexclusive rights to the motion? Commissioner Martin, as the maker of the motion, with the approval of Mayor Mason, as the seconder, stated yes. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to divide the question in the previous motion to: 1) negotiate and execute a lease agreement with the Florida Holocaust Museum to be located on the Central Bayfront during the month of February 2004 and to authorize Staff to extend and revise the lease agreement with the Sarasota Season of Sculpture through May 2004 and 2) include provisions for issues regarding public safety and nonexclusive rights to be brought back to the City Commission for final approval. Motion failed (3 to 2): Martin, no; Palmer, no; Quillin, yes; Servian, yes; Mason, no. Commissioner Martin stated that the language concerning nonexclusive rights is a concerni that the Sarasota Season of Sculpture exhibit is becoming an institution in the City; that some reliability and exclusivity is necessary to maintain the exhibit; that the effort has been primarily private; that indicating the property is public and anyone interested can present projects for consideration poses a threat to the continued existence of the Sarasota Season of Sculpture exhibit as an institution in the City; that the City has many other places for display of art exhibits and sculptures; that exclusivity is a concern and is the reason the language which will be drafted by the City Attorney's Office should be reviewed; that the requirements of the Sarasota Season of Sculpture to assure the exhibit becomes an institution in the City should be considered. Commissioner Quillin stated that the lease agreement with the Sarasota Season of Sculpture has been reviewed; that the understanding from the beginning of the lease was for a time limit; that the Sarasota Season of Sculpture can negotiate with the City if desiring exclusive exhibition rights; that the motion on the table is a concern and is not supported since the motion is not considered good City policy; that the issues should be separated since the organizations are different; that having the Florida Holocaust Museum negotiate with a group having a lease agreement to exhibit art on the Bayfront which is expiring is a concerni that the Sarasota Season of Sculpture is requesting an extension to the lease agreement which requires negotiation with the City and a policy decision by the Commission. Commissioner Servian stated that the motion on the table is not supported; that the wording of the motion is not desirable; that the preference is to address the motion as two separate items; that allowing the Florida Holocaust Museum Coexistence exhibit along the Bayfront is supported; that the exhibit is outstanding; that the continuation of the Sarasota Season of Sculpture exhibit is supported; however, a risk management study should have been performed which has been personally raised with the Administration on many occasions; that the risks associated with the exhibit have not been addressed; that the extension of the lease agreement with the Sarasota Season of Sculpture could have been supported if reassurance regarding risk management had been provided by the Administration. Vice Mayor Palmer stated that the Administration worked with the Sarasota Season of Sculpture and the Florida Holocaust Museum to ensure a cooperative effort and a simultaneous exhibit which is the recommendation of Staff; that nonexclusive rights are important; that certain guarantees for the Sarasota Season of Sculpture should be protected; however, other groups such as the Florida Holocaust Museum should have the right to display exhibits on the Bayfront; that the motion is supported; however, the concerns raised by fellow Commissioners are understood. Vice Mayor Palmer restated and called for a vote on the motion to authorize Staff to negotiate and execute a lease agreement with the Florida Holocaust Museum to be located on the Central Bayfront during the month of February 2004 and to authorize Staff to extend and revise the lease agreement with the Sarasota Season of Sculpture through May 2004, with the addition of language addressing the public safety issue and nonexclusive rights to be brought back to the City Commission for final approval. Motion carried (3 to 2): Martin, yes; Palmer, yesi Quillin, no; Servian, no; Mason, yes. Vice Mayor Palmer passed the gavel back to Mayor Mason. Mr. Haborak continued by presenting the following item from the March 12, 2003, Regular meeting of the Public Art Committee: C. Repair of the sculpture entitled, "Earth Mother." BOOK 53 Page 25170 04/07/03 2:30 P.M. BOOK 53 Page 25171 04/07/03 2:30 P.M. Mr. Haborak stated that at its March 12, 2003, Regular meeting, the PAC discussed a proposal submitted by the Resource Factory to repair the sculpture; that the motion to repair the sculpture failed by a 2 to 2 vote due to the current condition of the sculpture and the fact the sculpture will not be original if repaired; that the estimated cost will not exceed $7,000; that funding is available in the repair and maintenance budget to cover the expenditure; that the Resource Factory is confident the sculpture can be repaired to ensure durability and longevity; that Planning Staff recommends approval of repair of the sculpture entitled, "Earth Mother" by the Resource Factor for an amount not to exceed $7,000. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to approve the repair of the sculpture entitled, "Earth Mother" by the Resource Factor for an amount not to exceed $7,000. Commissioner Servian asked the reason for the votes which were not in support of repairing the sculpture? Mr. Haborak stated that the reason was the sculpture had deteriorated and rusted beyond the possibility of repair. Commissioner Quillin stated that the disrepair of the sculpture has been personally raised over the last four years; that repair of the sculpture is pleasing; that the sculpture is wonderful and is enjoyed by people outside; that the sculpture was designed for interior display; that people take photographs in front of the sculpture; that supporting the repair of the sculpture is pleasing. Commissioner Martin stated that letters of support of the repair were received from the City Hall architect Jack West and from the daughter-in-law of the artist, Jack Cartlidge; that the sculpture is loved and enjoyed by manyi that a letter was also received from Mr. Cartlidge thanking the City for placing the sculpture entitled, "the Titans" on the Bayfront; that Mr. Cartlidge was most appreciative. 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. The Commission recessed at 3:14 p.m. into a Special meeting as the Community Redevelopment Agency (CRA) and reconvened at 4:14 p.m. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, 7, 8 APPROVED; ITEM NOS. 9 AND 10 = REMOVED AND WILL BE CONSIDERED UNDER NEW BUSINESS AS AGENDA ITEM NOS. XIII-5 AND XIII-6 IN THE EVENING SESSION (AGENDA ITEM IV-A) CD 4:14 through 4:16 Commissioner Quillin requested that Item No. 9 be removed for discussion. Commissioner Servian requested that Item No. 10 be removed for discussion. City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Items 9 and 10 will be considered under New Business as Agenda Item Nos. XIII-5 and XIII-6 which will be heard in the evening session. 1. Approval Re: Set for public hearing proposed Ordinance No. 03-4455, amending Chapter 19 or the Sarasota City Code, Licenses, by providing for exemptions, by adjusting the Occupational License Fee for engaging or managing businesses, professions, or occupations within the City; providing for the severability of parts hereof if declared invalid; providing for repealing of ordinances in conflict; etc. 2. Approval Re: Set for public hearing proposed Ordinance No. 03-4463, amending Sections 101.6 and 307.4 of the Local Amendments to the Standard Housing Code, 1997 Edition and adopted by reference by Section 11-2(b) of the Sarasota City Code; to provide for certain structures to be maintained substantially free of dirt, stains, rust, mold or mildew; to prohibit open storage of certain materials on residential property; providing for the repeal of ordinances in conflict; providing for the severability of parts hereof is declared invalid or unenforceable; etc. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Lease Agreement between the City of Sarasota and AT&T Wireless Services of Florida, Inc. to co-locate its wireless communication facilities on the tower and site at Bobby Jones Golf Complex. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interlocal Agreement between the BOOK 53 Page 25172 04/07/03 2:30 P.M. BOOK 53 Page 25173 04/07/03 2:30 P.M. City of Sarasota and the Community Redevelopment Agency regarding Whole Foods Market Centre Project. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Paul J.. Gaetano for sanitary sewer service for a developed site located at 3925 South East Avenue. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Omer Ropp for water service for a developed site located at 3039 Hillview Street. 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Wayne D. Miller for potable water service for a developed site located at 2833 Hawthorne Street. 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an extension of contract between the City of Sarasota and Consumer Credit Counseling Service of Florida, Gulf Coast, Inc., to provide education to first time homebuyers for a period not to exceed five months. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to approve Consent Agenda No. 1, Items 1 through 8, inclusive. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 03R-1604) ADOPTED; ITEM 2 (RESOLUTION NO. 03R-1608) = ADOPTED; ITEM 3 (ORDINANCE NO. 03-4442) ADOPTED ; ITEM 4 (ORDINANCE NO. 03-4450) = ADOPTED ; ITEM 5 (ORDINANCE NO. 03-4454) = ADOPTED; ITEM 6 (ORDINANCE NO. 03-4457) = REMOVED AND WILL BE CONSIDERED UNDER UNFINISHED BUSINESS AS AGENDA ITEM NO. . XII-1 IN THE EVENING SESSION; AND ITEM 7 (ORDINANCE NO. 03- 4458) = ADOPTED (AGENDA ITEM IV-B) CD 4:16 through 4:22 Vice Mayor Palmer requested that Item No. 6 be removed for discussion. City Auditor and Clerk Robinson stated that Consent Agenda No. 2, Item 6 will be considered under Unfinished Business as Agenda Item No. XII-1 which will be heard in the evening session 1. Approval Re: Proposed Resolution No. 03R-1604, appropriating $70,000 from the Law Enforcement Trust Fund (110-082) to provide funds for training of Police Department personnel at various training programs; etc. 2. Approval Re: Proposed Resolution No. 03R-1608, appropriating $25,000 from the unappropriated fund balance of the General Fund to fund the liability claim settlement of Danica Andgelic; etc. 3. Approval Re: Proposed Ordinance No. 03-4442, annexing certain real property lying contiguous to the city limits into the corporate limits of the City of Sarasota as requested by Geyer-Dickinson, a Florida general Partnership; said real property being generally described as seven platted lots on the west side of Dearborn Street between Bee Ridge Road and Hansen Street, consisting of approximately +0.8 acres, and having street addresses of 3924, 3928, 3936 and 3944 Dearborn Avenue; making findings; redefining the boundary lines of the City of Sarasota to include said real property; providing for the severability of the parts hereof; etc., (Title Only) (Application No. 02-ANX- 01, Applicant Charles D. Bailey, Jr., as attorney representing Geyer-Dickinson, a Florida General Partnership, as owner). 4. Approval Re: Proposed Ordinance No. 03-4450, amending the Comprehensive Plan of the City of Sarasota, Florida by the adoption of the Small Scale Development Amendment more fully described in Application No. 02-PA-03; said Small Scale Development Amendment consists of an amendment to the Future Land Use Map to change the Future Land Use Classification of a parcel of property from "Single Family-Moderate Density" to "Neighborhood Office;" said property being approximately .12 acre in size and located on the east side of South Tuttle Avenue north of Bahia Vista Street across from the Temple Beth Shalom School and having a street address of 1115 South Tuttle Avenue; stating various findings of fact concerning the adoption of this Small Scale Development Amendment; providing for the severability of the parts hereof; etc., (Title Only) (Application No. 02-PA-03, Applicant City of Sarasota). BOOK 53 Page 25174 04/07/03 2:30 P.M. BOOK 53 Page 25175 04/07/03 2:30 P.M. 5. Approval Re: Proposed Ordinance No. 03-4454, amending Chapter 14, Article VII, Sarasota City Code, Section 14- 79, relating to the consent for the expansion of the boundaries of the Sarasota County Municipal Services Benefit Unit for Fire Protection Services; creating Section 14-80, consenting to the expansion of the boundaries of the Sarasota County Municipal Services Taxing Unit for Emergency Medical Services to include all lands within the boundaries of the City of Sarasota; providing for the severability of the parts hereof; etc., (Title Only). 7. Approval Re: Proposed Ordinance No. 03-4458, amending Chapter 24, Article II, Division 2, Fire, of the Code of Sarasota, amending Section 24-21 to provide for definitions; amending Section 24-22 to provide for certain lump sum payments to be defined as salary; amending Section 24-23 pertaining to requirements for service as a member of the Board of Trustees of the Firefighters' Pension Fund; amending Section 24-25 to provide for adjustment of overpayments or underpayments from the Firefighters' Pension Fund; amending Section 24-29 to provide for certain benefits in the event of the death or disability of a firefighter in the performance of duty and for certain benefits in the event of the death of a firefighter not in the performance of duties; amending Section 24-30 to provide for normal retirement under certain circumstances and to revise provisions pertaining early retirement; amending Section 24-31 to provide for certain adjustments in limitation required by the Internal Revenue code or otherwise; renumbering Section 24-37(a) as Section 24- 36; amending Section 24-37 to provide for direct transfers of eligible rollover distributions; amending Section 24-38 pertaining to benefits in the event of layoffs, consolidation of Fire and Rescue Service with another agency or voluntary termination; amending Section 24-40 pertaining to the Power of the Firefighters' Pension Board to recall and re-examine a disability pensioner; amending Section 24-43 pertaining to cost-of-living adjustments and distribution of available funds; amending Section 24-48 pertaining to optional forms of benefits; providing for the repeal of ordinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; etc., (Title Only). City Auditor and Clerk Robinson read proposed Resolution Nos. 03R-1604 and 03R-1608 in their entirety and proposed Ordinance Nos. 03-4442, 03-4450, 03-4454, and 03-4458 by title only. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to adopt Consent Agenda No. 2, Items 1, 2, 3, 4, 5, and 7. 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. 8. BOARD APPOINTMENT RE: COMMUNITY DEVELOPMENT ADVISORY COMMITTEE APPOINTED CLARENCE " CLAY" LONG, III, TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE (AGENDA ITEM V-1) CD 4:22 through 4:23 City Auditor and Clerk Robinson stated that Jennifer Wilson has resigned from the Community Development Advisory Committee; that the appointments to the Committee are made by the Commissions of the Cities of Sarasota, North Port, Venice, and the Sarasota Board of County Commissioners; that the Committee consists of 14 members with 3 members appointed by the City Commission with the following qualifications: 1) two citizens at large and 2) one citizen representing a neighborhood which contains 51 percent or more of persons deemed to be of low or moderate income as defined by the Federal Department of Housing and Urban Development (HUD); that members appointed by the City Commission shall be residents of the City or shall own or be affiliated with businesses whose principal offices are within the City; that Ms. Wilson was filling the seat designated for a citizen representing a neighborhood which contains 51 percent or more of persons deemed low or moderate income as defined HUD; that two applications for the vacancy have been received. Commissioner Quillin nominated Clarence "Clay" Long, III. Hearing no other nominations, Mayor Mason called for the vote on the nomination. Clarence "Clay" Long, III received 5 votes: Martin, yesi Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. BOOK 53 Page 25176 04/07/03 2:30 P.M. BOOK 53 Page 25177 04/07/03 2:30 P.M. Mayor Mason announced the appointment of Clarence "Clay" Long, III, to the Community Development Advisory Committee. 9. UNFINISHED BUSINESS : ADOPTION RE: PROPOSED RESOLUTION NO. 03R-1603, AUTHORIZING AND ADOPTING A PROGRAM WHEREBY THE CITY WILL REPAIR OR REPLACE THE PRIVATE PROPERTY OWNER' S BUILDING SEWER LINES AT CITY COST IN CERTAIN GEOGRAPHIC AREAS WITHIN THE CITY IN WHICH INFILTRATION AND INFLOW INTO THE SANITARY SEWER SYSTEM OF THE CITY FROM PRIVATE PORTIONS OF THE SEWAGE SYSTEM HAS BEEN ESTABLISHED; AUTHORIZING THE CITY TO PERFORM SUCH SERVICES UPON ENTERING INTO AN AGREEMENT WITH THE EFFECTED PROPERTY OWNER; AUTHORIZING THE CITY TO ENTER UPON PRIVATE PROPERTY AND REPAIR AND/OR REPLACE PRIVATE BUILDING SEWERS AS NECESSARY TO REDUCE INFILTRATION AND INFLOW INTO THE CITY' S SANITARY SEWER PURSUANT TO CITY OF SARASOTA ORDINANCE OF 99-4164 WITHOUT AGREEMENT OF THE PROPERTY OWNER; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM VI-1) CD 4:23 through 4:27 Mayor Mason stated that proposed Resolution No. 03R-1603, pertains to authorizing and adopting a program whereby the City will repair or replace the private property owner's building sewer lines at City cost in certain geographic areas within the City. William Hallisey, Director of Public Works, came before the Commission and stated that the Private Building Sewer Rehabilitation Pilot Program which was authorized by the Commission in Resolution No. 99R-1212, on September 20, 1999, is complete; that the consulting engineers for the project have concluded the City obtained substantial benefit in reducing hydraulic overloads and maintaining compliance with State and Federal regulation, based on the comparison of pre-construction and post-construction data; that repair or replacement of the private building sewer lines at City cost was proved as a more cost effective means to control inflow and infiltration than investing in larger sewer lines, lift stations, or treatment capacity; that the consultant has recommended additional reductions in infiltration will be obtained by expanding the program to rehabilitate building sewer lines in other areas which have experienced similar maintenance problems; that Staff recommends expanding the program to the area of Lift Station Nos. 3, 22, 23, and 67; that Lift Station No. 3 is the northern tip of Siesta Keyi that Lift Station Nos. 22, 23, and 67 are the Harbor Acres area. Mr. Hallisey continued that Staff will be working with the consultant engineers to prepare plans and specifications for competitive bids with construction anticipated to begin by the summer of 2003; that the estimated cost for all four areas is $676,000, which has been budgeted for fiscal year (FY) 2002/03 for on-going reduction of inflow and infiltration. Mr. Hallisey further stated that proposed Resolution No. 03R-1603, together with Ordinance No. 99-4164, will allow the City to repair or replace the private property owners building sewer lines at the City's cost in the four specified lift station areas to reduce the excessive amount of inflow and infiltration entering the City Sanitary Sewer System; that Staff recommends the Commission adopt proposed Resolution No. 03R-1603. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1603 by title only. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to adopt proposed Resolution No. 03R-1603 and authorize the Mayor and City Auditor and Clerk to execute same. Commissioner Martin asked if the program will be continued throughout the City or is limited to more vulnerable flood areas? Mr. Hallisey stated that a substantial area of the City will be addressed under the program; that the program requires proof of a problem in the area; that the belief is a significant number of areas will be covered under the program; that funding is in place for 2003; that the Capital Improvement Program includes a request to fund the program in 2004 and in subsequent years. Commissioner Quillin stated that the program has been designated as a pilot program; that other communities have contacted the City and are looking into the possibility of a similar program; that Staff's efforts are appreciated; that the program is working out well for the taxpayers. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously BOOK 53 Page 25178 04/07/03 2:30 P.M. BOOK 53 Page 25179 04/07/03 2:30 P.M. (5 to 0): Mason, yes; Palmer, yes; Quillin, yesi Servian, yes; Martin, yes. 10. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VII) CD 4:27 through 4:27 There was no one signed up to speak. The Commission recessed at 4:27 p.m. and reconvened at 6:00 p.m. 11. CHANGES TO THE ORDERS OF THE DAY - APPROVED CD 6:00 through 6:02 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Move Non Quasi-Judicial Public Hearing Item No. X-A-2 concerning a proposed Ordinance No. 02-4414 to conditionally vacate that certain portion of the 40 foot wide and 50 foot wide Nebraska Street right-of-way and place it as Item No. X-B-1, immediately after proposed Resolution No. 02R-1542 approving Major Conditional Use Application No. 02-CU-14 to allow a motor vehicle sales agency in the Commercial General (CG) Zone District, etc., to hear the two items at one public hearing. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 12. COMMISSION PRESENTATION: : DUMFERMLINE STRATHSPEY REEL SOCIETY FIDDLE ORCHESTRA CD 6:02 through 6:08 Mayor Mason requested that Robert Montgomery, Chairman of the Tartan Day Weekend, join her and the Commission at the Commission Table. Mr. Montgomery stated that the Dunfermline Strathspey Reel Society Fiddle Orchestra from Dumfermline, Scotland, which came to Sarasota under the sponsorship of the Sisters Cities Association of Sarasota would like to present the City of Sarasota with an original painting commissioned in Dumfermline, Scotland, of the Abbey of Dumfermline, the resting place of Robert the Bruce, one of the two famous Scottish heroes and introduced Ron Smith, Conductor of the Dunfermline Strathspey Reel Society Fiddle Orchestra. Mr. Smith presented the original painting by Ann Sinclair of the Abbey of Dumfermline to commemorate the visit of the Dumfermline Strathspey Reel Society during Tartan Week, April 2003, to the Mayor for the City of Sarasota. The Dunfermline Strathspey Reel Society Fiddle Orchestra came forward and played "My Bonny Lassie. 13. COMMISSION PRESENTATION RE: EMPLOYEE OF THE MONTH FOR MARCH 2003, AURELIO VAZQUEZ, SUPERVISOR, GENERAL SERVICES DEPARTMENT, CITY HALL MAINTENANCE (AGENDA ITEM VIII-1) CD 6:08 through 6:12 Mayor Mason requested that City Manager McNees, Nancy Carolan, Director of General Services, and Aurelio Vazquez, Supervisor, General Services Department, and Employee of the Month for March 2003, join her and the Commission at the Commission table for the presentation. Ms. Carolan stated that during the presentation of Employee of the Month, the City has the opportunity to honor employees; that Mr. Vazquez came to City Hall after serving the needs of the Sarasota Mobile Home Park (SMHP) for over 14 years; that Staff and residents of the SMHP would comment on his resourcefulness and ready assistance; that Mr. Vazquez meets the needs of his customers and goes beyond what is requested with his extra touch of attention to detail; that Mr. Vazquez is currently serving the needs of City Hall and the Annex Building in maintaining the cleanliness of both buildings; that he is an asset to non-English speaking citizens who need assistance with information; that in June 2003, Mr. Vazquez will be transferred to the Federal Building; that the anticipation is Mr. Vazquez will bring his resourcefulness, ready assistance, and bright smile to the Federal Building to continue his outstanding contributions to the Cityi that Mr. Vazquez can be depended on to break the language barrier. Ms. Carolan continued that Mr. Vazquez has a positive attitude and is constantly cleaning up; that some City employees call him "Mr. Clean" as he seems to always be actively Cleaning; that Mr. Vazquez is very polite, mannerly, and eager to serve. BOOK 53 Page 25180 04/07/03 2:30 P.M. BOOK 53 Page 25181 04/07/03 2:30 P.M. City Manager McNees stated that Mr. Vazquez is thanked for the outstanding job accomplished at City Hall; that the City Hall maintenance staff is small; that Mr. Vazquez does a superb job, always with a smile; that Mr. Vazquez is congratulated on his achievements. Mayor Mason presented Mr. Vazquez with a City-logo watch, a plaque, and a certificate as the March 2003 Employee of the Month in appreciation of his unique performance with the City of Sarasota; congratulated him for his outstanding efforts; and stated that Mr. Vazquez serves the City with excellence and pride. Mr. Vazquez stated that he is proud to work for the City; that he appreciates the honor of Employee of the Month; and recognized Edelmira, his wife, Aurelio, Jr., son, Cinthia, daughter, and Martha and Fidencio Ibarra, daughter and son-in-law, present in the audience. 14. COMMISSION PRESENTATION RE : PROCLAMATION FOR AVERY WHIGHAM, WHO WAS ONE OF THE WINNERS OF THE "FLY AWAY WITH THE MAGIC" ESSAY CONTEST (AGENDA ITEM VIII-2) CD 6:12 through 6:16 Mayor Mason requested that Darryl Pitts, Unit Director of the Roy McBean Unit, Boys and Girls Club of Sarasota, and Avery Whigham join her and the Commission at the Commission table for the presentation. Mr. Pitts stated that Avery Whigham from the Roy McBean Unit of the Boys and Girls Club of Sarasota was chosen as one of two winners of the "Fly Away With The Magic" essay contest; that Mr. Whigham's subject for his essay was from the first real novel he ever read entitled, The Ear The Eye The Arm, by Nancy Farmer, which influenced his life; that the essay contest was a collaboration with the Boys and Girls Clubs and the Orlando Magic Basketball Team; that Mr. Whigham and nine other young people from the Boys and Girls Club were chosen to attend a basketball gamei that Mr. Whigham was requested at the Philadelphia 76ers basketball game to write another essay pertaining to his favorite book; that he was chosen to fly to Philadelphia with the Orlando, Magic Basketball Team to a Philadelphia 76ers basketball game as a result of his superb writing skills; that he also attended a Detroit Pistons basketball game; that Mr. Whigham participates in educational activities at the Boys and Girls Club; that achievements of young people are not acknowledged frequently; that Mr. Whigham is an excellent young man as well as an outstanding member of the Boys and Girls Club. Mayor Mason stated that Avery Whigham, from the Roy McBean Unit of the Boys and Girls Club, was chosen as one of the winners of the "Fly Away With The Magic" essay contest; that the contest was sponsored by the Orlando Magic and partnered with the Boys and Girls Clubs of America in eight counties in Florida; that the goal was to motivate and encourage young people to write and instill in them a love for reading; read the Proclamation in its entirety which declared April 7, 2003, as a day of special importance; and presented the Proclamation to Mr. Whigham. Mr. Whigham stated that the Proclamation by the City is an honor; that the Boys and Girls Club and his family are acknowledged for their love and support; and recognized the following family members present in the audience: Michelle Whigham, mother, Monica Whigham, sister, and Carl Jessue, his mother's fiancee. 15. COMMISSION PRESENTATION RE : MAYOR' S CITATION RECOGNIZING THE SILVER ANNIVERSARY OF THE SARASOTA HIGH SCHOOL ' S CAREFREE LEARNER VESSEL (AGENDA ITEM VIII-3) CD 6:17 through 6:22 Mayor Mason requested that Michael Stuart, creator of the Carefree Learner vessel, and Tommy Young, operator of Carefree Learner, join her and the Commission at the Commission table for the presentation. Mayor Mason read in its entirety the Mayor's Citation indicating that Sarasota High School's unique floating classroom vessel, the Carefree Learner, is celebrating her 25th year on the waters of Sarasota Bay; that the vessel was designed by faculty and students of Sarasota High School; that the Carefree Learner was launched in March 1968; that the Carefree Learner continuously serves as a valuable educational resource with approximately 140,070 students and adults having taken trips on the vessel; that the vessel was designed and constructed in six months by faculty and students of Sarasota High School at no expense to the taxpayers of Sarasota with materials, expertise, and labor all donated by the generous community; that the students of Sarasota High School's eight Marine Science classes are on board 40 to 50 days per school yeari that each year, classes have the opportunity to explore Sarasota Bay on board the Carefree Learner with trips emphasizing the importance of the food web, the interrelationship of all species, BOOK 53 Page 25182 04/07/03 2:30 P.M. BOOK 53 Page 25183 04/07/03 2:30 P.M. and the impact of the community on the Bay; that adults also use the Carefree Learner for Sarasota bio-cruises, field experiences, and customized activities. Mayor Mason extended congratulations to the Carefree Learner for celebrating 25 years of service; and presented the Mayor's Citation to Michael Stuart and Tommy Young. Mr. Young stated that he is the current operator of the Carefree Learner and has been for five years; that as a life long resident of Sarasota, he appreciates Sarasota Bay and has the good fortune to spend 150 days of the school year on Sarasota Bay; that gratitude is expressed to Michael Stuart, the creator and original operator of the Carefree Learner, and the person who sought funds and aid from the community to build the boat and realize the dream of educating students on Sarasota Bay. Mr. Stuart stated that the community was eager to help raise the funds and create an educational atmosphere on Sarasota Bayi that the existence of the Carefree Learner is the result of a community effort; that businesses in the City donated materials for the boat and for the purpose of auction to raise funds; that the Carefree Learner has served thousands of people; that the acknowledgment from the Commission is appreciated. 16. COMMISSION PRESENTATION RE: RECOGNITION OF CITY OF SARASOTA UNITED WAY DEPARTMENTAL COORDINATORS FOR THE 2002-2003 CAMPAIGN ACHIEVEMENT (AGENDA ITEM VIII-4) CD 6:23 through 6:33 Mayor Mason requested that William Hallisey, Director of Public Works and Co-Government Chair for the 2002/2003 United Way Campaign, and Steve Brett, Director, United Way of Sarasota County, Inc., join her and the Commission at the Commission table for the presentation. Mr. Hallisey stated that the 2002/2003 United Way Campaign was a successi that the City raised $40,210 which will provide vital services to the community; that such a level of giving is a statement of the quality of caring and community spirit by the City employees; that City employees are responsible for the achievement. Mr. Brett stated that employees of the City not only work for the City but are a part of the community; that employees give of their time and energyi that employee coordinators have responsible positions along with the desire to serve the community; that the employee coordinators step forward every year to lead the City in the campaign; that a goal was set and exceeded by $3,000; that the goal achieved over $40,000 for the local United Way; that the services made available to the local community change lives; and presented Certificates of Appreciation to the following 2002/2003 United Way Departmental Coordinators: Gary Bickersteth, Senior Foreman, Public Works; Carol Karr, Supervisor, Accounts Receivable, Van Wezel Performing Arts Hall; Karen McGowan, Deputy City Auditor and Clerk; Toni Welicki, Administrative Assistant, City Manager's Office; Peggy Sawyer, Senior Accounting Technician, Housing and Community Development. Mr. Brett stated that Certificates of Appreciation will also be distributed to - the following 2002/2003 United Way Departmental Coordinators who are not present at the current meeting: Timothy Litchet, Director of Building, Zoning and Code Enforcement; Pat Horan, Administrative Assistant, Ed Smith Sports Complex/Bobby Jones Golf Course; Darlene Mayes, Administrative Specialist, Engineering; Marquett Becker, Payroll Administrator, Finance; Mark Nicholas, Procurement Specialist, General Services; Lynette Garrett, Senior Employee Specialist, Human Resources; Jon Kalfsbeck, GIS Analyst I, Information Systems and Technology; Rhonda Maley- Murphy, Administrative Assistant, Neighborhoods, Joyce Bryant, Senior Clerk, Planning; Diane Nuttleman, Senior Clerk, Sarasota Police Department; Paul Sutton, Lieutenant, Sarasota Police Department; Jim West, Supervisor, Landscaping Maintenance, Public Works. Mr. Brett stated that special appreciation is extended to Janice Docking, City Coordinator and Assistant to the Director of Human Resources. Mr. Brett continued that the commitment of the employee coordinators at the City is amazing; and read an April 7, 2003, letter congratulating the employee coordinators and City employees on their exemplary achievements and commi tment over the years to United Way and the community; and stated that as a result of the generosity of City employees, 38 local agencies BOOK 53 Page 25184 04/07/03 2:30 P.M. BOOK 53 Page 25185 04/07/03 2:30 P.M. continue to provide services to children, families, and seniors in their time of need; that the employees who participated in this giving are indicative of the community caring of the City of Sarasota; that Janice Docking has been tireless in her efforts. to support the United Way and assure the United Way message is delivered to the entire City team; that many City employees give of their personal time, serving on the Boards of many United Way agencies demonstrating further community and teamwork excellence. Kurt Hoverter, Director of Human Resources, came before the Commission and stated that the United Way campaign results are outstanding and are reflective of the spirit of the Country; that a point person is required for any organization to shepherd the information through the organization; that passion, leadership, and dedication are personal attributes required of the point person to lead the campaign; that Janice Docking has been the City's point person for three years; that the 2002-2003 campaign was 16 percent over the previous yeari that each year has been more successful than the previous yeari that $118,000 has been raised over the course of the three years Ms. Docking has been at the helm; that the passion, leadership, and dedication of Ms. Docking on behalf of the City are appreciated. Ms. Docking stated that she cannot receive all the credit for the achievement; that team coordinators have worked tirelessly; that a team effort has led to success; that she intends to retire in the year 2003; however, the coordinators will remain to continue the United Way work; that the acknowledgment of the City and United Way is appreciated. 17. COMMISSION PRESENTATION RE : PROCLAMATION RE : APRIL 2003 AS DONATE LIFE MONTH TO PROMOTE ORGAN DONATION (AGENDA ITEM VIII-5) CD 6:33 through 6:36 Mayor Mason requested that Terri Medina, Lifelink of Southwest Florida, join her and the Commission at the Commission table for the presentation. Mayor Mason stated that 2,900 Floridians await lifesaving transplants and the national organ transplant waiting list exceeds 80,000; that one of the most beneficial gifts a human being can bestow upon another is the precious Gift of Life through organ and tissue donation; that an increase in organ and tissue donation can be accomplished through education concerning transplantation and encouraging family discussion concerning the vital issue; that anyone regardless of age or previous illness can be a potential donor; that transplantation is a standard medical procedure with extremely high survival and success rates; that all major religions support organ donation and the donor family does not pay for any costs incurred for donation of their loved one's organsi read the Proclamation declaring April 2003 as "Donate Life Month" in its entirety and presented the Proclamation to Ms. Medina. Ms. Medina stated that the efforts of Jerry Davis of Lifelink of Southwest Florida in advertising the importance of organ donation are appreciated; that April 2003 is the month in which Lifelink of Southwest Florida advertises and encourages the public to learn the facts relating to organ donation and transplantation and give the Gift of Life if possible; that the donor families have graciously allowed others to live; that approximately 81,000 people in the United States are currently awaiting an organ transplant, including 3,000 people in the immediate geographical area; that the importance of learning the facts concerning organ donation cannot be overstated; that the acknowledgment of the Commission in the endeavor is appreciated. 18. COMMISSION PRESENTATION RE: : PROCLAMATION RE: APRIL 2003 AS FAIR HOUSING MONTH (AGENDA ITEM VIII-6) CD 6:36 through 6:40 Mayor Mason requested that Reverend Jim Merritt join her and the Commission at the Commission table for the presentation. Mayor Mason stated that the Federal government has designated April 2003 as National Fair Housing Month commemorating the 35th anniversary of the passage of the Fair Housing Act, which guarantees fair housing opportunities for all Americans; that the fair housing laws provide the opportunity for all citizens to reside in decent and safe housing, free from discrimination; that the Commission is committed to the concept of a community open to all its citizens; that the Commission seeks to ensure all members of the Community are aware of and educated about fair housing laws; that education and awareness of fair housing laws should be promoted; read the Proclamation in its entirety declaring April 2003 as "Fair Housing Month"; and presented the Proclamation to Reverend Merritt. Reverend Merritt stated that he is Chair of the City's Ad Hoc Committee concerning Non Discrimination and had no idea where the non discrimination amendment to the City's Charter would BOOK 53 Page 25186 04/07/03 2:30 P.M. BOOK 53 Page 25187 04/07/03 2:30 P.M. lead the City; that he is proud of the community and the response of the community by the passage of the amendment to the City's Charter in November 2002 by 73 percent of the citizenry; that 73 percent is the largest percentage of votes ever achieved for any civil rights amendment in the United States; that the soul of the community is identified by the fact that 73 percent of the citizens voted for the amendment to the City's Charter; that the final recommendations and report of the Ad Hoc Committee concerning Non Discrimination is scheduled for presentation to the Commission in May 2003; that all citizens are invited to display Sarasota's commitment to provide civil rights protections for all citizens. 19. COMMISSION PRESENTATION RE: MAYOR'S CITATION TO LUIS EDUARDO BARON, EDITOR AND PUBLISHER FOR LA GUIA DEL GOLFO MAGAZINE THAT RECEIVED THE AWARD FOR "OUTSTANDING SPANISH LANGUAGE MAGAZINE n (AGENDA ITEM VIII-7) CD 6:40 through 6:43 Mayor Mason requested that Luis Eduardo Baron, Editor and Publisher, La Guia del Golfo Magazine, join her and the Commission at the Commission table for the presentation. Mayor Mason stated that Luis Eduardo Baron arrived in the United States three and one-half years ago after working as a television producer in Colombia; that La Guia del Golfo Magazine is based in Sarasota, Florida, and covers Florida's West Coast; that the magazine has become the best magazine in the region with outstanding content, design and print, quality in less than three years; that La Guia del Golfo Magazine has franchises in Chicago, Illinois, Indianapolis, Indiana, Cincinnati, Ohio, and Toronto, Canada, with a combined circulation of 80,000 issues including 92 pages on full color glossy paperi that on March 23, 2003, the National Association of Hispanic Publications held its 18th Annual Convention in Las Vegas, Nevada; that an award was presented to La Guia del Golfo Magazine for "Outstanding Spanish Language Magazine" along with best design in magazine; that La Guia del Golfo Magazine was recognized in the editorial category in second place and received an honorable mention for most improved publication; and read in its entirety the Mayor's Citation recognizing the La Guia del Golfo Magazine. Mr. Baron stated that the recognition is an honor; that the City is a source of pride; that he has lived in the City for four years; and recognized the following family members present in the audience: Martha, wife, Manula and Dandiela, daughters, and Juan, son. 20. ADOPTION RE: : MEMORIAL RESOLUTION NO. 03R-1605, RECOGNIZING THE PASSING OF EDWARD A. ROGERS ADOPTED (AGENDA ITEM VIII-8) CD 6:43 through 6:48 Mayor Mason read in its entirety Memorial Resolution No. 03R-1605 recognizing the passing of Edward A. "Ted" Rogers, an energetic and inspiring member of the community and indicating that he was a Member and Chair of the City's Redevelopment Advisory Board, and the Van Wezel Performing Arts Hall Board. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to adopt Memorial Resolution No. 03R-1605. Motion carried unanimously (5 to 0): Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Palmer, yes; Quillin, yes; Servian, yes; Martin, yes; Mason, yes. The following family members came forward and were presented with a copy of the Memorial Resolution appropriately framed on a plaque: Patricia Rogers, wife, and Linsley and Penny Pietsch, daughters. Ms. Rogers stated that voluntarism is the vehicle Mr. Rogers used to demonstrate his love for the community; that the Memorial Resolution honoring her husband is appreciated. 21. SCHEDULED PRESENTATION RE: : INTERNATIONAL COEXISTENCE EXHIBITION PLANNED FOR 2004 (AGENDA ITEM IX-1) CD 6:49 through 6:59 Deborah Golden-Gestner, Director of Grants and Legislative Affairs, Florida Holocaust Museum, and Richard Bergman, Director, Sarasota Manatee Arch Family Holocaust Education Center, Florida Holocaust Museum, came before the Commission. Ms. Golden-Gestner stated that the presentation will begin with a message from Jeb Bush, Governor of the State of Florida. A videotape of a State-wide broadcast of Governor Jeb Bush and Jon Voight, Academy Award Winning Actor, supporting the Florida Holocaust Museum's Education and Outreach Programs in collaboration with the Florida Department of Education, was shown on the Chamber monitors. BOOK 53 Page 25188 04/07/03 2:30 P.M. BOOK 53 Page 25189 04/07/03 2:30 P.M. Ms. Golden-Gestner stated that the broadcast will hopefully enlighten parents, teachers, and children concerning the topics of bigotry, hatred, and violence; that the hope is to create a dialog among parents, teachers, and children concerning bigotry, hatred, and violence with the hope of eliminating racism during children's formative years; that the videotape will be customized for each City visited in the State. Ms. Golden-Gestner displayed computer-generated slides concerning the Florida Holocaust Museum during the presentation and stated that the exhibition entitled "Coexistence" is from the Museum on the Seam, located on the Seam of East and West Jerusalem, Israel; that representatives of the Museum visited Sarasota to determine the appropriateness of a showing in the City; and distributed a packet of information concerning the "Coexistence" exhibit including the address of the website which provides additional information. Ms. Golden-Gestner stated that the "Coexistence" exhibit will be coming to Florida directly from Paris, France; that five Florida cities will host the exhibit and are in direct affiliation with the Florida Holocaust Museum in St. Petersburg, Florida; that the Florida Holocaust Museum is the fourth largest Holocaust Museum in the United States and the fifth largest in the world; that the State of Florida will have the largest presence of the exhibit in the Country; that the exhibit is planned for Sarasota in February 2004; that the request is to place the exhibit at the current location of the Season of Sculpture exhibition on the Bayiront. Ms. Golden-Gestner further stated that the hope is the exhibit can be displayed in New York at Ground Zero, the site of the September 11, 2001, terrorist attack, in September 2004; that Sarasota will be the smallest city in the world to host the exhibit; that a delegation from Jerusalem, Israel, visited the City and approved Sarasota for the exhibition; that artists and scholars from all over the world will be in the City to attend a colloquium entitled "Jury of Coexistence"? that a local artist will be chosen to submit a piece of artwork for inclusion in the exhibit which will travel throughout the world; that the exhibition includes 33 paneled displays in a triangle format; that the panels are grouped in three's for a total of eleven groupings; that each group of panels will display a message; that a four year old child created a piece of artwork in the exhibit; that Governor Jeb Bush, the Department of Education, the Department of State, Publix Corporation, Microsoft Corporation, Xerox Corporation, and other governmental agencies and corporations support the exhibit; that the Federal Department of Homeland Security is among the newest supporters of the exhibit; that a Presidential visit is planned for one of the Florida exhibition sites. Mr. Bergman stated that having the "Coexistence" exhibit in Sarasota will promote justice and tolerance; that teaching of the lessons of the Holocaust will be prominent; that Anne Frank Awards will be given to high school juniors for performing acts of courage; that survivors or members of survivors' families of the Holocaust will conduct awareness days; that writing contests will be conducted; that various neighborhoods and communities have pledged support; that all the religious denominations will participate in the exhibition; that the exhibition promises to be a world-class event. Mayor Mason requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 22. SECOND NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 02-4379, AMENDING THE ZONING CODE (2002 ED.) REGARDING THE OVERNIGHT PARKING (OFF- STREET) OR STORAGE OF COMMERCIAL VEHICLES, COMMERCIAL TRAILERS, AND CONSTRUCTION EQUIPMENT AT SINGLE -1 FAMILY DWELLINGS IN RESIDENTIAL ZONE DISTRICTS; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE ; AMENDING ARTICLE II, DEFINITIONS AND RULES OF CONSTRUCTION, L DIVISION 2, DEFINITIONS; SECTION II-201, DEFINITIONS, TO ADD THE FOLLOWING FOUR NEW DEFINITIONS: "NET VEHICLE WEIGHT" ; "COMMERCIAL VEHICLE' " ; "COMMERCIAL TRAILER"; AND BOOK 53 Page 25190 04/07/03 2:30 P.M. BOOK 53 Page 25191 04/07/03 2:30 P.M. "WRECKER"; AMENDING ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 2, OFF-STREET PARKING AND LOADING; TO ADD A NEW SECTION VII-214, COMMERCIAL VEHICLES AND COMMERCIAL TRAILERS = RESTRICTED OFF-STREET PARKING IN RESIDENTIAL ZONE DISTRICTS; SAID SECTION VII-214 LIMITS THE PARKING OF PROHIBITED TYPES OF COMMERCIAL VEHICLES AND COMMERCIAL TRAILERS; SETTING FORTH REGULATIONS AS TO THE LOCATION, NUMBER, SIZE, TYPE, SIGNAGE, ATTACHED EQUIPMENT AND VISIBILITY OF COMMERCIAL VEHICLES AND COMMERCIAL TRAILERS ; SETTING FORTH REQUIREMENTS FOR THE BUFFERING OF COMMERCIAL VEHICLES AND COMMERCIAL TRAILERS ; SETTING FORTH EXEMPTIONS FROM THE REGULATIONS IN SECTION VII-214; PROVIDING FOR SUSPENSION OF THESE REGULATIONS DURING PERIODS OF EMERGENCY DECLARED BY THE CITY COMMISSION, ; REPEALING SECTION VII-902, A, SUPERCEDED BY THE NEW SECTION VII-214; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF, ; ETC. (TITLE ONLY) (APPLICATION NO. 02-ZTA-04, APPLICANT CITY OF SARASOTA) APPROVED TO POSTPONE THE PENDING MOTION TO ADOPT SECTION OF PROPOSED ORDINANCE NO. 03-4379 TO THE APRIL 21, 2003, REGULAR COMMISSION MEETING FOR STAFF TO BRING BACK THE PROPOSED ORDINANCE IN FINAL FORM PRIOR TO THE VOTE (AGENDA ITEM X-A-1) CD 6:57 through 8:31 Mayor Mason opened the public hearing and requested that Staff come forward. Gerald Chapin, Senior Zoning Analyst, Building, Zoning and Code Enforcement, and Sarah Schenk, Attorney, City Attorney's Office, came before the Commission. Mr. Chapin stated that Timothy Litchet, Director of Building, Zoning and Code Enforcement, is on vacation and unable to attend the second public hearing regarding proposed Ordinance No. 02-4379 before the Commission; that Mr. Litchet requested additional comments be presented; that proposed Ordinance No. 02-4379 has an effective date of January 1, 2004; that Code Enforcement Staff will be engaging in an informational campaign to educate residents, business owners, and drivers of commercial vehicles regarding the proposed Ordinance; that a report regarding the effectiveness of proposed Ordinance No. 02-4379 will be provided to the Commission at the end of a one year period. Attorney Schenk referred to her March 21, 2003, memorandum to the Commission regarding revised proposed Ordinance No. 02-4379 included in the Agenda backup material and stated that at its March 17, 2003, Regular meeting, the Commission passed proposed Ordinance No. 02-4379 on first reading with the following modifications: Delete Section VII-214(C) (1) (c) (ii), Division 2, Off- Street Parking and Loading, Article VII, Regulations of General Applicability, Zoning Code (2002 Ed.) regarding motor vehicle covers; and Insert additional language in Section VII 214 (D) (1) (g), Division 2, Off-Street Parking and Loading, Article VII, Regulations of General Applicability, Zoning Code (2002 Ed.) to clarify all standards for buffered commercial vehicles must be met regarding buffered vehicles with attached tools, ladders, and equipment. Attorney Schenk continued that the Commission requested Staff research commercial vehicles utilized for pest control purposes; that State regulations require a vehicle used for pest control must be permanently marked with the name of the licensee who is registered with the Department of Agriculture and Consumer Services; that the term 'permanently marked" means paint or decals applied to the vehicle body itself; that magnetic signs are prohibited; that the minimum size of the signage requires the licensee's name or trade name to appear conspicuously on both sides of the motor vehicle and be in plain view of the public. Attorney Schenk referred to draft Section VII-214 (G) (2) (a), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.), included in the Agenda backup material and stated that the section has been added to allow pest control vehicles to: 1) qualify as visible commercial vehicles, 2) allow signage without the use of magnetic sign blanks, and 3) remain subject to the maximum signage limitation of two signs not to exceed a maximum area of four square feet per sign; that language has also been included to allow the Director of Building, Zoning and Code Enforcement the discretion to allow a larger sign of sufficient size to accommodate the licensee's name or trade name; that the Commission must balance the negative aesthetic impact, if any, of allowing such signage with the benefits of allowing the pest control vehicle be parked in a visible location; that for advertising purposes, the proposed Ordinance as written allows visible pest control vehicles; that the Commission could direct BOOK 53 Page 25192 04/07/03 2:30 P.M. BOOK 53 Page 25193 04/07/03 2:30 P.M. Staff to revise the proposed Ordinance not to permit pest control vehicles to qualify as the one visible commercial vehicle if the Commission decides to mitigate any negative aesthetic impacts. Attorney Schenk continued that draft Section VII-214( (G) (2) (b), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.) has been added due to the statutory requirement for visible signage and a concern regarding public safety; that the recommended method of buffering with a 6.5 foot high fence or wall or 80 percent opaque high hedge for other commercial vehicles should not be available for buffered pest control vehicles; that a pest control vehicle must be parked in a completely enclosed structure to qualify as the one allowable buffered commercial vehicle. Attorney Schenk referred to her April 1, 2003, memorandum to the Commission regarding Proposed Clarification April 7, 2003, Public Hearing included in the Agenda backup material and stated that draft Section VII-214(D) (1) (g), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.) addresses a buffered commercial vehicle which has tools, ladders, or equipment attached to the vehicle; that the recommendation is to delete the phrase "such tools, ladders or equipment are not visible and" to result in the following: Section VII-214(D) (1) (g), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.): Tools, ladders and attached visible equipment: There shall be no restrictions on the type of tools, ladders or attached equipment within or upon the buffered commercial vehicle provided all requirements of Subparagraph D setting forth standards for buffered commercial vehicles are met. Attorney Schenk continued that deleting the phase will allow 8 foot buffered commercial vehicles, including any tools, ladders, and attached visible equipment which may be on top of the buffered commercial vehicle; that the change will provide consistency with draft Section VII-214 (D) (1) (c) (i), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.), which measures the height of the buffered commercial vehicle from the ground to the highest point of the top of any tools or ladders stored on top of the buffered commercial vehicle; that the height measurement of buffered commercial vehicles should be reevaluated if the Commission does not wish visible tools, ladders, and equipment on top of a commercial buffered vehicle. Commissioner Servian referred to the March 21, 2003, memorandum, from Attorney Schenk and stated that the understanding is magnetic signage utilized for advertising pest control companies is prohibited. Attorney Schenk stated that is correct. Commissioner Servian asked if permanent signage must be utilized to alert the public of the chemicals in the vehicle? Attorney Schenk stated yes; that the signage must be in plain view of the public at all times. Vice Mayor Palmer asked if a pest control vehicle can be fully enclosed in a garage if signage must be in plain view of the public at all times? Attorney Schenk stated that a garage is an area in which the public would not have access to the commercial vehicle. Commissioner Servian stated that the effective date of the proposed Ordinance is January 1, 2004; that the most significant problem is overnight parking of prohibited commercial vehicles such as dump trucks, semi-trucks, and tow trucks; and asked if draft Section VII-214(B) (1), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.), regarding prohibited commercial vehicles can become effective on June 1, 2003? Attorney Schenk stated that the effective date of January 1, 2004, is to allow Staff to educate the public regarding the proposed Ordinance; that June 1, 2003, is a reasonable amount of time to phase in certain sections of the proposed Ordinance relating to the types of prohibited commercial vehicles. Commissioner Quillin stated that the effective date of January 1, 2004, has been advertised; that prohibiting dump trucks, semi-trucks, and tow trucks is supported; however, other types of prohibited commercial vehicles exist; that Districts 1 and 3 will be economically impacted. Commissioner Servian referred to draft Section VII-214 (B) (1), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.), and stated that all types of commercial vehicles referenced in the section should be prohibited as of June 1, 2003; that an effective date was not included in the advertised notice for the public hearing. BOOK 53 Page 25194 04/07/03 2:30 P.M. BOOK 53 Page 25195 04/07/03 2:30 P.M. Attorney Schenk stated that the understanding is Code Enforcement is currently enforcing the overnight parking of the prohibited commercial vehicles listed in draft Section VII-214 (B) (1), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.); that providing a phasing period until January 1, 2004, is not necessary. Commissioner Martin stated that the understanding is Code Enforcement has been enforcing the overnight parking of the prohibited commercial vehicles for some time. Mr. Chapin stated that is correct. Commissioner Martin stated that a report regarding the extent of the action being taken by Code Enforcement is desired. The following people came before the Commission: Mary Ciner, 1714 Waldemere Street (34239), stated that the Commission is requested to band prohibited trucks; that the hope is neighborhoods will police themselves regarding smaller commercial vehicles; that the proposed Ordinance will affect single-parent households who may have only one vehicle; that small service industry people cannot afford to move or store their commercial vehicles; that the hope is the Commission will allow commercial vehicle Owners to police themselves for a year and then make a decision. Daniel Caron, 2235 Floyd Street (34239), stated that the March 17, 2003, Regular Commission meeting was attended; that commercial vehicle signage is a main concern; that he purchased property in a working class neighborhood in which the City is attempting to essentially implement deed restrictions; that prohibiting on-street parking of commercial vehicles is understood; that his driveway is a significant distance from Floyd Street; that the rear of his pickup truck is barely visible from Floyd Street; that prohibiting signage is a concern; that the districts in the City are not all the same; that homes with garages exist at gated and deed restricted communities; that most working class neighborhoods have carports; that he is a property owner and should be able to bring his commercial vehicle home; that prohibiting large commercial vehicles is understood; that most commercial vehicles are in neighborhoods during the daytime to service people; that the proposed Ordinance forces deed restrictions on the entire City. Commissioner Quillin asked if he is employed by a local glass company and on call during the night? Mr. Caron stated yes. Commissioner Quillin asked the method of responding to an emergency if the proposed Ordinance is adopted? Mr. Caron stated that he must travel from his home to his employment to pickup the commercial vehicle; that people must wait during the night until he arrives to board up a broken window or replace glass; that three to five emergency calls occur each week. Commissioner Quillin asked if the emergency calls are to residential and commercial properties? Mr. Caron stated yes; that the most significant amount of emergency calls are to residences in gated communities. Mickey Emberton, 3190 Bellevue Street (34237), President, Bellevue Terrace Neighborhood Association, stated that the request is for the Commission to reevaluate proposed Ordinance No. 02-4379; that a significant number of commercial vehicle owners reside in the Bellevue Terrace Neighborhood; that the residents desire knowing who the plumbers, electricians, and woodworkers are in the neighborhood; that covering commercial vehicle signage is not desired; that step-vans should be allowed; that prohibiting tow trucks, pickup trucks, and semi- trucks from overnight parking in residential neighborhoods is supported; however, signage on commercial vehicles should be visible; that commercial vehicles in the Bellevue Neighborhood are not a problem. Commissioner Quillin stated that pickup trucks were referenced as desired prohibited commercial vehicles; and asked if dump trucks rather than pickup trucks were meant? Ms. Emberton stated yes. John Browning, 1376 Harbor Drive (34239), stated that he is before the Commission to plead for closure of the seven year commercial vehicles issue; that no more compromises and last minute adjustments should be made; that the problem originated from illegal acts which degraded City neighborhoods and the failure to enforce the existing regulations; that the offered solution of proposed Ordinance No. 02-4379 is a compromise; that the proposed Ordinance is not completely satisfying; that the commercial interests may have the same concerns; however, the BOOK 53 Page 25196 04/07/03 2:30 P.M. BOOK 53 Page 25197 04/07/03 2:30 P.M. proposed Ordinance allows unobtrusive commercial vehicles in residential neighborhoods; that blue collar neighborhoods will be improved and stabilized; that other neighborhoods will have the ability to maintain acceptable standards; that safety, aesthetics, and property values must be maintained and improved in areas in which the parking of commercial vehicles has become rampant; that an extended phase in period will allow commercial vehicle owners to make adjustments; that the request is for the Commission to move forward on the issue. Jennifer Wilson, 435 Seeds Avenue (34237), President, Coalition of City Neighborhoods Association (CCNA), stated that CCNA meets the first Saturday of every month; that 26 neighborhood associations are members of CCNA; that several CCNA member associations represent some of the most populated areas within the Cityi that CCNA represents a significant number of City residents; that CCNA has worked with the City and the business community during the process of developing the proposed Ordinance; that the Commission is urged to adopt proposed Ordinance No. 02-4379. Bob Rizi, 5671 Derek Avenue (34233), Vice President, Sarasota County Plumbing, Heating, and Cooling Contractors Association, stated that he is opposed to proposed Ordinance No. 02-4379; that plumbing contractors are faced with four issues: 1. Plumbing contractors are charged with the health and welfare of the citizens of Sarasota. Mr. Rizi stated that plumbing contractors must provide emergency service for water leaks and sewer stoppages which could cause extended damage to residences; that the faster a plumbing contractor can respond to an emej rgency, the faster the damage from a water leak or raw sewerage flowing through a residence can be stopped; that responding to an emergency call could take up to two hours if the employee had to travel from their home to pickup a truck at the commercial site and then respond to the emergency call. 2. Cost of emergency service. Mr. Rizi stated that most service companies pride themselves on responding to an emergency within one hour; that the cost for emergency service will be less to the customer if the employee can travel to the emergency without having to pickup a truck at the commercial site. 3. Rizi Plumbing employees have lived in City neighborhoods for the past 20 to 30 years. Mr. Rizi stated that some employees of Rizi Plumbing will have to move in order to be on 24-hour emergency call. 4. The Department of Business and Professional Regulations (DBPR) requires signage on commercial plumbing vehicles. Mr. Rizi stated that several commercial plumbing vehicles carry dangerous chemicals; that covering the signage or having to remove tools at night will add additional costs to the citizens of the City. Marc Niski, 2833 Greenbrair Street (34237), stated that proposed Ordinance No. 02-4379 is opposed; that the understanding is commercial vehicles as defined by the Florida Department of Transportation (FDOT) are the issue; that his commercial vehicles are privately owned vehicles; that the manner in which the City can circumvent the FDOT and indicate his vehicles as commercial vehicles is not understood; that prohibiting dump trucks and semi trucks from overnight parking in residential neighborhoods is supported; that small commercial vans which provide services to the community should be allowed; that small businesses in the City cannot afford to store commercial vehicles in large warehouses in the County; that he purchased his residence in the City 12 years agoi that the area is not deed restricted; that the proposed Ordinance will deed restrict the entire City. Jay Brady, Suite B, 11187 Second Street (34236), stated that proposed Ordinance No. 02-4379 discriminates against working class people who depend on moderately sized commercial vehicles for their livelihood, property owners with small lots and small side yards, citizens without garages, citizens with modest means, and citizens of working class neighborhoods by having the will of a few citizens of upper class neighborhoods imposed upon them; that the proposed Ordinance is injurious to the environment by encouraging the paving of lawn areas, construction of high fences, and additional traffic; that the proposed Ordinance is detrimental to neighborhood security and law enforcement; that covering and removing signage results in less knowledge of the neighborhood and the type of businesses in which the residents of BOOK 53 Page 25198 04/07/03 2:30 P.M. BOOK 53 Page 25199 04/07/03 2:30 P.M. the neighborhood are engaged; that the proposed Ordinance is unfair to citizens who will have no other choice but to move out of the City; that citizens will have to pay more and wait longer for many of the daily services often taken for granted; that adopting the proposed Ordinance is unfair; that better alternatives which address the vast majority of the problem vehicles exist without imposing severe economic hardship on citizens who can least afford the additional cost; that the Commission is urged to adopt only draft Sections VII-214 (A), (B), (C) (e) (f) (g) (h), (G), and (H), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.); that carports should be considered as an alternative enclosed structure; that the proposed June 1, 2003, effective is supported if the aforementioned sections are approved; that common trades people should be provided adequate phasing in time and not be considered as citizens no longer wanted in the City; that the number of commercial vehicles will be limited to one per dwelling unit; that the Commission should evaluate an overlay approach and the enforcement of the proposed Ordinance. Commissioner Servian asked for clarification regarding the weight of commercial vehicles. Mr. Brady stated that draft Sections VII-214 (B) (c), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.), prohibits commercial vehicles over 7,000 pounds net vehicle weight; that utilizing the gross vehicle weight verses net vehicle weight to avoid enforcement issues is suggested; that the National Automobile Dealers Association (NADA) is referenced in the proposed Ordinance; that the NADA utilizes gross vehicle weight; however, the proposed Ordinance references net vehicle weight; that the suggestion is to utilize 7,200 pounds gross vehicle weight for consistency throughout the proposed Ordinance; that 7,200 pounds gross vehicle weight includes all light duty trucks and will be easier to enforce. Don Gilliland, 3110 Courtland Street (34237), referred to a list of code enforcement citations for 1995 displayed on the Chamber monitors and stated that he has resided in the City for 25 yearsi that the citation list represents enforcement of the City's existing regulations by Code Enforcement during the weekend; that over 100 citations were issued in a three week period; that the proposed Ordinance will affect a significant number of people in the City; that the proposed Ordinance provides some reasonable restrictions; however, the language is sO strong many people will not be able to complyi that a proclamation declaring April 2003 as Fair Housing Month was presented at the beginning of the evening session; that the Commission promotes the City as being open to all its citizens; that the proposed Ordinance is contrary to the concept of a City open to all its citizens. Mr. Gilliland referred to a copy of the existing commercial vehicle regulations displayed on the Chamber monitors and continued that he was cited under the existing regulations in 1995; that the regulations were later rewritten in the late 1990s; that both regulations are one sentence which indicates all commercial vehicles are prohibited; that a definition of "commercial vehicles" is not provided; that the existing regulation is ambiguous. Mr. Gilliland referred to 1998 testimony by Mr. Chapin displayed on the Chamber monitors and continued that Mr. Chapin indicated the existing regulations are ambiguous and subject to the interpretation of the Code Enforcement Officials; that a copy of the 1995 citation was forwarded to his attorney who indicated the existing regulations are subject to attack in many areas; that most citations listed were never prosecuted; that his 1995 citation was cancelled in 2001; that the proposed Ordinance is not an improvement; that some neighborhoods are unduly restricted while others are hardly affected; that the proposed Ordinance should not be adopted if the Commission has any compassion toward working people in the City; that he would be ashamed of the City if proposed Ordinance No. 02-4379 is adopted. Mr. Gilliland further stated that the source of the complaint regarding commercial vehicles is unknown; that the Commission should not adopt the proposed Ordinance just to have something on the books; that a suggestion is to approve draft Section VII- 214 (B), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.), monitor complaints for one year, and reconsider the matter again. Linda Holland, 617 Gillespie Avenue (34236), stated that she has resided in the Gillespie Park Neighborhood for 22 years; that the hope is this is the last time she must come before the Commission to urge the regulation of commercial vehicles in residential neighborhoods; that the proposed Ordinance will affect a significant number of people; that people who desire to live in residential neighborhoods and not a commercial neighborhood are also affected; that the proposed Ordinance is a BOOK 53 Page 25200 04/07/03 2:30 P.M. BOOK 53 Page 25201 04/07/03 2:30 P.M. reasonable compromise; that the enforcement of the proposed Ordinance can be reevaluated at the end of a year; that a reasonable effective date is being provided; that the Commission is urged to adopt proposed Ordinance No. 02-4379. Jim Theriault, 3621 Webber Street (34232), Vice Chair, Libertarian Party of Sarasota, stated that he is a former Gillespie Park resident; that he previously resided on Fifth and Eighth Streets; that large areas of the City are working class neighborhoods; that the majority of the residents of the Gillespie Park Neighborhood will be negatively affected; that the understanding is net vehicle weight will be utilized as a criteria for prohibited commercial vehicles; that the criteria should be recharacterized as gross vehicle weight; that gross vehicle weight is a measurement in which vehicles are classified at the time of manufacturing; that gross vehicle weight is also the weight category utilized by the State for taxing commercial vehicles; that the measurement is readily observable and makes compliance easy to gage; that an information tag containing the gross vehicle weight is usually affixed to the inside door jam of a vehicle; that use of the gross vehicle weight as a standard would eliminate subjected evaluation by law enforcement; that possible litigation based on selective enforcement will also be eliminated; that the position of the Libertarian Party is adoption of the proposed Ordinance will: Impose deed restrictions on the entire Cityi Change the provisions of the sale of residential property; Create a rezoning effect for families headed by sole proprietors of small businesses; Cause existing homeowners and tenants to be grandfathered to avoid changing the terms of sale of the property after the fact; Reduce the number of prospective tenants to whom landlords can rent. Effect the vitality and the future of neighborhoods Reduce the population of the City to citizens whose jobs do not require carrying equipment of any kind in their vehicles Mr. Theriault continued that the Commission has a responsibility to all citizens and not to just the loudest voices regarding the supposed eyesores created by working class people; that the proposed Ordinance is a method of creating a City comprised mostly of retirees with lower property values and a less viable working and living environment for families, entrepreneurs, sole proprietors and small business people; that the Commission is requested to vote no regarding proposed Ordinance No. 02-4379. Carol Kopeck, 350 Golden Gate Point (34236), stated that she represents the Golden Gate Point Association and is a member of CCNA; that the Golden Gate Point Association is in favor of proposed Ordinance No. 02-4379; that the proposed Ordinance is a good compromise. Kurt Heinzerling, 14841 Rawls Road (34240), stated that the United States prides itself on providing everyone an equal opportunity to life, liberty, and the pursuit of happiness; that proposed Ordinance No. 02-4379 deprives individuals of such opportunities; that he is a West Point graduate and spent 11 years in the military; that the proposed Ordinance deprives people of the liberty and pursuit of earning a living and could potentially set a dangerous precedent for the future; that the belief is the City would not want to be known as the "Deed Restrictive City"; that the proposed Ordinance deprives small business individuals with incomes below $30,000 a way of earning a living; that the City and the County promote affordable housing; that adopting the proposed Ordinance will eliminate an individual's attempt to work and live in the City; that small business people with commercial vehicle signage will be forced to move; that the hope is the proposed Ordinance will be defeated. M. Frances Eckstein, 3606 Clark Drive (34234), stated that proposed Ordinance No. 02-4379 is opposed. Maria Gelinas, 1325 Cocoanut Avenue (34236), stated that she resides in a working class residential neighborhood of the City; that she works out of her residence; that viewing and hearing large trucks in the neighborhood during the night is not desired; that robbing people of a means to make a living is not desired; however, a compromise concerning commercial vehicles should be found; that a person's livelihood is not being robbed if their commercial vehicle must be buffered behind a fence or in a garage; that commercial vehicles parked in the neighborhood economically impacts the neighborhood. BOOK 53 Page 25202 04/07/03 2:30 P.M. BOOK 53 Page 25203 04/07/03 2:30 P.M. John Kennell, 5678 Fruitville Road (34232), stated that the issue regarding commercial vehicles should be an issue decided by citizens at a general election since all citizens are being affected; that retired people on fixed incomes will be financially impacted; that business people will be forced to raise prices to cover the additional costs incurred for buying a commercial site for storage of commercial vehicles; that the additional time paid to service technicians to drive from their residences to the commercial site to pick up a work truck will increase; that an extra 30 minutes to an hour with regard to an overflowing toilet is not a pretty sight; that the business community can raise rates; that compassion should be shown regarding the issue; that a list of supporters for proposed Ordinance No. 02-4379 should be complied sO the service technicians can hand the list to the customer with the bill for services. Ervin Miller, 1743 Eighth Street (34236), stated that he resides in the City and is a small business Owner of a construction business; that he deliberately purchased non deed restricted property in the City; that he is able to park most of his commercial vehicles inside a structure on the property; however, one truck which cannot be buffered is outside; that being harassed by Code Enforcement is not desired; that other residents have four to five vehicles parked in front yards and are not being harassed; that small business people cannot afford commercial space in the County for storage of commercial vehicles; that the blue collar workers cannot afford high class neighborhoods; that the understanding is the largest complaints are from individuals who do not live in working class neighborhoods; that small business people must have a place to park commercial vehicles in order to serve the public. Tina Riggle, 1743 Eighth Street (34236), stated that a difference exists between a deed restrictive neighborhood and a City Ordinance which was implemented years ago; that proposed Ordinance No. 02-4379 with an effective date of June 1, 2003, is supported. Bill Holland, 800 Gillespie Avenue (34236), stated that he is a resident of the Gillespie Park Neighborhood; that residing in a residential neighborhood rather than an extension of a commercial parking lot is preferred; that commercial vehicles in the Gillespie Park Neighborhood are not desired. Sandy Vaughn, 2135 Fourth Street (34237), stated that she is a resident of the Park East Neighborhood which is a working class neighborhood; that the recollection is years ago the CCNA was willing to develop a compromise regarding commercial vehicles in residential neighborhoods which would be acceptable for everyone; that proposed Ordinance No. 02-4379 is fair; that commercial vehicles in a neighborhood cause property values to decrease; that pickup trucks and paneled vans which meet the size requirements of the proposed Ordinance are acceptable; that property owners in residential neighborhoods who are not commercial business owners pay taxes and should also be protected; and requested that the Commission adopt proposed Ordinance No. 02-4379. There was no one else signed up to speak. Mr. Chapin and Attorney Schenk returned to the Commission table. Commissioner Martin stated that pest control vehicles are a concern; that the hazards and safety issues regarding pest control vehicles in neighborhoods are alarming; that exempting pest control vehicles from the proposed signage requirement is difficult; that the understanding is Staff recommends a back yard method of buffering should not be available for pest control vehicles; that the suggestion is a pest control vehicle should be parked in a completely enclosed structure to qualify as the one allowable buffered commercial vehicle. Attorney Schenk stated that is correct; that the recommendation is an option for the Commission to consider; that the primary reason for requiring blank magnetic signs was to mitigate the aesthetic impact of commercial vehicle signage in neighborhoods. Commissioner Martin asked if the proposed Ordinance will be revised to address the requirement for pest control vehicles to be parked in a completely enclosed structure to qualify as the one allowable buffered commercial vehicle? Attorney Schenk stated that the proposed Ordinance could be revised to require the sole method of parking pest control vehicles must be in a completely enclosed structure. Mayor Mason recognized Boy Scout Troop 71 from the First Congregational Church present in the audience. BOOK 53 Page 25204 04/07/03 2:30 P.M. BOOK 53 Page 25205 04/07/03 2:30 P.M. Commissioner Servian asked if the parking of a pest control vehicle in a completely enclosed structure such as a garage has been approved by the Fire Marshall? Mr. Chapin stated no. Commissioner Servian stated that the issue should be discussed with the Fire Marshall; that certain requirements such as displaying signs must be applied to hazardous material; that the belief is hazardous material is not allowed to be stored in an enclosed non-air conditioned structure. Commissioner Martin stated that pest control vehicles are addressed in the State Statutes; that other vehicles such as commercial plumbing vehicles may also contain hazardous or flammable material; and asked if the State Statutes address only pest control vehicles? Attorney Schenk stated that two issues exist; that one issue is the signage of a pest control vehicle must be visible 24 hours a day; that the second issue is if other commercial vehicles are required to have visible signage; that an answer is unknown. Commissioner Quillin stated that the issue could be eliminated if signage on commercial vehicles is allowed; that residents in the working class neighborhoods have expressed a desire to allow commercial signage; that the various industries governed under the State Statutes regarding signage and hazardous waste have been researched; that 90 percent of residents in District 3 do not have garages; that some residents are lucky to have carports; that the suggestion is to allow commercial signage; that the main neighborhood complaint concerns tow trucks, dump trucks, and semi- trucks which are intrusive and damaging to public property such as streets and sidewalks; that the suggestion is to allow commercial signage and only prohibit the large commercial vehicles such as tow trucks, dump trucks, and semi-trucks, and then conduct a study at the end of one year to determine the types of complaints being received. Attorney Schenk stated that State regulations which prohibit the parking of a vehicle containing hazardous material in a garage could exist; that such State regulations would preempt local regulations; that a general sentence could be incorporated in the proposed Ordinance which will not limit the requirement to completely enclose commercial vehicles to only pest control vehicles; that all vehicles which require signage for hazardous material could be included. City Manager McNees stated that all kinds of chemicals, the method of transporting the chemicals, and signage are regulated by the FDOT; that parking such a vehicle in an enclosed structure is a different issue which should be addressed by the Fire Marshall rather than the FDOT; that for example, propane powered vehicles and vehicles which transport propane cylinders are explosive and cannot be stored in an enclosed building; that the Fire Marshall prohibits the storing of a 20 pound propane cylinder in a garage; that pesticides are not explosive; that the illegal enclosure of a substance regulated by the Fire Marshall or FDOT does not become legal due to the completely buffered signage requirement of the proposed Ordinance. Commissioner Servian stated that building permits and plans are forwarded to the Fire Marshall for review; that the issue regarding enclosed commercial vehicles has not been reviewed by the Fire Marshall. City Manager McNees stated that the proposed Ordinance does not require a vehicle containing hazardous material be enclosed in a structure; that the proposed Ordinance addresses prohibited commercial vehicle signage and provides the option of buffering the vehicle in an enclosed structure. Attorney Schenk stated that the Fire Marshall serves on the Development Review Committee (DRC); that all provisions of the proposed Ordinance have been presented to the DRC; that the Fire Marshall did not contract Staff regarding any issues; that a copy of the provision of the proposed Ordinance regarding pest control and other vehicles containing hazardous material can be forwarded to the Fire Marshall for input. City Attorney Taylor stated that the discussion involves prohibiting signage on a vehicle if State regulations require the signage be visible; that the recommendation regarding commercial vehicle signage is the State Law shall prevail if a conflict occurs between a local and State regulation which requires the signage be visible; that enclosing a vehicle containing certain hazardous materials is another issue; that laws which prohibit a vehicle with certain hazardous material from being enclosed are unknown. Vice Mayor Palmer request clarification of the difference between 7,000 pounds of empty or net vehicle weight verses 7,200 pounds of gross vehicle weight. BOOK 53 Page 25206 04/07/03 2:30 P.M. BOOK 53 Page 25207 04/07/03 2:30 P.M. Mr. Chapin stated that State regulations define gross vehicle weight as the weight of the vehicle plus any cargo the vehicle carries; that net vehicle weight is the weight of the vehicle with the manufacturer's complete catalog of equipment. Vice Mayor Palmer asked if the NADA standards are inclusive of the weight of the vehicle plus any cargo the vehicle carries? Mr. Chapin stated that the NADA references but does not provide a definition of gross vehicle weight; that the NADA weights do not include cargo or passenger weights. Commissioner Quillin stated that the NADA provides a definition for gross vehicle weight. Commissioner Servian stated that the NADA does address gross vehicle weight; that the gross vehicle weight is on the inside door panel of a vehicle and is utilized for taxing purposes; that gross vehicle weight is a standard known throughout the automobile industry; that utilizing net vehicle weight is not understood; that 7,200 pounds gross vehicle weight should be utilized as the standard in the proposed Ordinance. Commissioner Martin stated that Staff previously indicated the net vehicle weight is referenced on vehicle registrations. City Attorney Taylor stated that Staff strongly recommended utilizing net vehicle weight; and quoted the draft Section II- 201, Division 2, Definitions, Zoning Code (2002 Ed.) as follows: Net vehicle weight: The actual scale weight in pounds of a commercial vehicle or a commercial trailer with complete catalog equipment. The Director of Building, Zoning and Code Enforcement may utilize the vehicle's registration, the National Automobile Dealers Association Official Used Car Guide ("N.A.D.A. Official Used Car Guide") or a similar source commonly accepted in the automobile industry to determine net vehicle weight. In the event of a conflict between any of these sources, the greater net vehicle weight shall be utilized. City Attorney Taylor continued that the assumption is the definition to determine weight is broad for enforcement purposes. Commissioner Quillin stated that gross vehicle weight is related to safety such as suspension and payload of a vehicle; that the suggestion to utilize 7,200 pounds gross vehicle weight as the standard is supported. Vice Mayor Palmer referred to the April 1, 2003, memorandum from Attorney Schenk to the Commission and stated that the memorandum addressed a conflict regarding allowable height and visibility of a buffered commercial vehicle; and requested further clarification. Attorney Schenk stated that the height of the buffered commercial vehicle is measured from the ground to the highest point of the top of any tools or ladders stored on top of the buffered commercial vehicle. City Attorney Taylor stated that some questions are difficult to answer without Mr. Litchet present; that the recommendation is to close the public hearing, list the issues such as the 8 foot height measurement and weight, and direct Staff to bring back a revised proposed Ordinance for discussion; that another public hearing process is not required. Commissioner Servian stated that draft Section VII-214 (B) (1), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.), regarding prohibited commercial vehicles could be adopted with an effective date of June 1, 2003; that a study should be conducted between June 1, 2003, and January 1, 2004, to determine if commercial vehicles are still a problem; that the remainder of the proposed Ordinance with some changes can be adopted with a January 1, 2004, effective date if the results of the study indicate the problem still exists; that the most serious issues can be addressed almost immediately and handled in a two step approach. Commissioner Quillin stated that such a motion would be supported if language regarding commercial vehicle signage is eliminated; that additional industries other than pest control companies should be researched; that enforcement of commercial vehicles should be complaint driven; that the proposed Ordinance is too restrictive; that several neighborhoods prefer to know who is residing in the neighborhood. Mr. Chapin stated that Code Enforcement has been enforcing the overnight parking of the prohibited commercial vehicles for some time; that some issues have occurred regarding vehicles without signage or tools; however, the weight is in question. BOOK 53 Page 25208 04/07/03 2:30 P.M. BOOK 53 Page 25209 04/07/03 2:30 P.M. Commissioner Martin stated that Staff is taking the initiative to enforce the overnight parking of the prohibited commercial vehicles. Mr. Chapin stated that is correct. City Manager McNees stated that the Zoning Code (2002 Ed.) currently prohibits parking commercial vehicles overnight in residential neighborhoods; that he was hired to enforce all City Ordinances; that direction is necessary regarding enforcement; that continuing selective enforcement is not desired. Commissioner Servian stated that input from the Administration regarding the suggested two step approach would be appreciated. City Manager McNees stated that the two step approach is practical and would allow enforcement of the prohibited vehicles plus time to gather additional information to determine if commercial vehicles are still an issue. Commissioner Quillin stated that the issues of 7,000 pounds of net vehicle weight verses 7,200 pounds of gross vehicle weight, maximum height, and commercial vehicle signage are still unresolved. Attorney Schenk stated that the issues of 7,000 pounds of net vehicle weight verses 7,200 pounds gross of vehicle weight, maximum height, and commercial vehicle signage should be addressed if the entire proposed Ordinance is to be adopted; that such issues can be addressed at a later date if the Commission wishes to only adopt draft Sections II-201, Division 2, Definitions, VII-214 (A-B), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.), and Section 6, Effective Date, of proposed Ordinance No. 02-4379 at this time; that the Commission has the option to postpone voting on second reading until Mr. Litchet returns to answer specific questions being raised. Vice Mayor Palmer stated that a two step approach is supported with one exception regarding the effective date; that the effective date of January 1, 2004, was to provide people with commercial vehicles an opportunity to make corrections prior to January 1, 2004; that waiting until the last minute to adopt the remaining sections of the proposed Ordinance may not provide enough time for people to make the corrections; that an extension may be necessaryi that the preference is to adopt the remaining provisions immediately once the issues can be resolved; that eliminating the commercial signage provision is not supported; that such a deletion implies a desire to have commercial vehicles in residential neighborhoods; that the signage should be covered or buffered; that the issue regarding net vehicle weight verses gross vehicle weight should be researched further. Attorney Schenk stated that the revised proposed Ordinance may require re-advertising for public hearing; however, draft Sections II-201, Division 2, Definitions, and VII-214 (A-B), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.), can be adopted at this time. Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4379 by title only. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to adopt the following sections of Ordinance No. 03-4379 on second reading with an effective date of June 1, 2003, and the remaining sections of Article VII, Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.), effective January 1, 2003, after further discussion with Staff: - Section VII-214(A), Purpose; Section VII-214 (B), Prohibited Commercial Vehicles, Commercial Trailers and Construction Equipment, with a change from the phrase "7,000 pounds net vehicle weight" to "7,200 pounds gross vehicle weight"; Section VII-214 (C) (1) (a), Maximum weight, with a change from the phrase "7,000 pounds net vehicle weight" to "7,200 pounds gross vehicle weight"; Section VII-214 (C) (1) (e), Parking area, (f), Public right-ot-way, and (g), Owner/operator of commercial vehicle; and Section VII-214(H), Suspension During Emergency City Attorney Taylor stated that Section II-201, Article II, Division 2, Definitions, Zoning Code (2002 Ed.), should also be included in the proposed motion. BOOK 53 Page 25210 04/07/03 2:30 P.M. BOOK 53 Page 25211 04/07/03 2:30 P.M. Commissioner Servian as maker of the motion, with the approval of Commissioner Quillin as the seconder, agreed to add Section II- 201, Article II, Division 2, Definitions, Zoning Code (2002 Ed.) to the motion. Attorney Schenk stated that the definition of net vehicle weight must be changed to gross vehicle weight for consistency. Commissioner Servian stated that the intent of the motion is to change net vehicle weight to gross vehicle weight throughout the entire proposed Ordinance. City Auditor and Clerk Robinson stated that the remaining section cannot become effective January 1, 2004, as a new Ordinance must be drafted and readvertised; and restated the motion as to adopt the following sections of Ordinance No. 03-4379 on second reading effective June 1, 2003, with the remaining sections removed for further review by Staff: Section II-201, Article II, Division 2, Definitions, Zoning Code (2002 Ed.); Section VII-214 (A), Article VII, Division 2, Off- Street Parking and Loading, Zoning Code (2002 Ed.); Section VII-214 (B), Article VII, Division 2, Off- Street Parking and Loading, Zoning Code (2002 Ed.), with a change from the phrase "7,000 pounds net vehicle weight" to "7,200 pounds gross vehicle weight"; Section VII-214 - (C) (1) (a), Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.), with a change from the phrase "7,000 pounds net vehicle weight" to "7,200 pounds gross. vehicle weight"; Section VII-214(C) (1) (b) (e) (f) (g), Article VII, Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.); and Section VII-214 (H), Article VII, Division 2, Off- Street Parking and Loading, Zoning Code (2002 Ed.). Attorney Schenk stated that the recommendation is to include Section VII-214 (G), Article VII, Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.) regarding exemptions in the motion. Commissioner Servian as maker of the motion, with the approval of Commissioner Quillin as the seconder, agreed to add Section VII-214 (G), Article VII, Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.) to the motion. Attorney Schenk stated that a revised version of the proposed Ordinance can be brought back at the April 21, 2003, Regular Commission meeting. Commissioner Servian stated that the intent of the motion is address the most gross violations immediately to provide relief for neighborhoods experiencing the problems; that the remainder of the sections of the proposed Ordinance require further discussion but should have an effective date of January 1, 2004, if necessary. Commissioner Quillin stated that her second to the motion may be withdrawn since Section VII-214 (C) (1) (b), Article VII, Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.) was added and not part of the original motion; that the maximum height of a commercial vehicle should be 8 feet. Commissioner Servian stated that Section VII-214 (C) (1) (b), Article VII, Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.), allows for a height of commercial vehicles of 8 feet. Commissioner Quillin quoted Section VII-214 (C) (1) (b), Article VII, Division 2, Off-Street Parking and Loading, Zoning Code (2002 Ed.) as follows: Maximum height: The visible commercial vehicle is not over six and one-half (6.5) feet in height and may have a rack no higher than eighteen (18) inches above the vehicle height. The total height of a commercial vehicle inclusive of any rack shall be measured from the ground to the highest point of the top of any rack attached to the roof of the commercial vehicle. Commissioner Quillin continued that the height of the visible commercial vehicle should be 8 feet plus a rack; that a step van is higher than 6.5 feet. Mayor Mason stated that the motion does not include the proposed Ordinance which was advertised; that the motion on which a vote is being taken at this time is unclear. BOOK 53 Page 25212 04/07/03 2:30 P.M. BOOK 53 Page 25213 04/07/03 2:30 P.M. Attorney Schenk stated that changing the height or any standards would require re-advertising. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to postpone the pending motion to adopt section of proposed Ordinance No. 03-4379 to the April 21, 2003, Regular Commission meeting for Staff to bring back the proposed Ordinance in final form prior to the vote. Motion carried (3 to 2): Martin, no; Palmer, yes; Quillin, no; Servian, yes; Mason, yes. The Commission recessed at 8:31 p.m. and reconvened at 8:42 p.m. (Commissioner Quillin returned to the Chambers at 8:50 p.m.) 23. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4459, AMENDING SARASOTA CITY CODE SECTION 33-248, CHAPTER 33, ARTICLE VII, SCHEDULES, PERTAINING TO THE SPEED LIMIT ON CERTAIN STREETS IN RESIDENTIAL DISTRICTS; SETTING FORTH FINDINGS RESULTING FROM THE TRAFFIC INVESTIGATION BY THE CITY ENGINEERING DEPARTMENT ; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID OR UNENFORCEABLE ; ETC. (TITLE ONLY) PASSED ON FIRST READING WITH THE ADDITION OF THE PORTION OF 15TH STREET AND MACKEREL AND POMPANO AVENUES ADJACENT TO PALM LAKE PARK AS WELL AS 15TH WAY AND ALSO INCLUDING WOOD STREET FROM THE COUNTY LINE TO LOCKWOOD RIDGE ROAD (AGENDA ITEM X-A-2) CD 8:43 through 9:04 Mayor Mason stated that proposed Ordinance No. 03-4459 is to adjust the speed limits on certain streets in residential districts adjacent to parks. Mayor Mason opened the public hearing and requested that Staff come forward. Mark Singer, Attorney, City Attorney's Office, and Philip DeNiro, Sergeant, Sarasota Police Department (SPD), came before the Commission. Attorney Singer stated that Peter Abbott, Police Chief, SPD, is unable to attend the public hearing; that Police Chief Abbott is the keynote speaker for a victims' candlelight vigil and requested Police Sergeant DeNiro be present at the current to answer questions regarding traffic enforcement; that Alexandrea Davis- Shaw, Deputy Director of Engineering/Deputy City Engineer, is present in the audience and available for questions if necessary; that Section 33-248, Sarasota City Code (1986 as amended) (City Code), provides a schedule of changed speed limits in residential and commercial districts as allowed under the Florida Statutes; that proposed Ordinance No. 03-4459 is to create 20 miles per hour speed zones in residential districts on all street frontages of parks; that the City Code currently provides for a 15 miles per hour speed zone in residential districts which is not allowed under the Florida Statutes and which will be increased to 20 miles per hour. Attorney Singer continued that Section 316.189, Florida Statutes, sets forth limitations on the powers of a municipality to change speed limits and the procedures which must be followed to adjust the limit; that 20 miles per hour is the lowest speed limit a municipality can set in a residential district pursuant to the Florida Statutes; that Chapter 316, Florida Statutes, provides for an increase or decrease of speed limits by posting certain streets within the City; that streets which are not posted are subject to the 30 miles per hour maximum speed restrictions set forth in Section 316.189, Florida Statutes; that all local streets within the City therefore have a speed limit of 30 miles per hour unless the City has established by ordinance a different maximum and provided notice to drivers by posting; that a municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways in Tesidential districts after an investigation determines such a limit is reasonable; that the reason for the reduction in speed limits for street frontages near City parks is for the safety of children. Commissioner Servian referred to draft Section 33-248 (b), City Code, included in the Agenda backup material and stated that Hillview Street from South Tamiami Trail to Osprey Avenue and Main Street from Orange Avenue to Gulf Stream Avenue are designated with a speed limit of 15 miles per hour; and asked if the 15 miles per hour speed limit is enforceable. Attorney Singer stated that Hillview Street from South Tamiami Trail to Osprey Avenue and Main Street from Orange Avenue to Gulf Stream Avenue are not within residential districts; that the limitation of 20 miles per hour under the Florida Statutes applies only to residential districts; that the Florida Statutes do not indicate a number limitation for commercial districts; that the City has the ability to set maximums and minimums for commercial BOOK 53 Page 25214 04/07/03 2:30 P.M. BOOK 53 Page 25215 04/07/03 2:30 P.M. districts; that changes to commercial district speed limits are not being proposed at this time. Commissioner Servian requested clarification regarding the speed limit for Benjamin Franklin Drive along Lido Beach. Police Sergeant DeNiro stated that the majority of streets on Lido Key are posted at 25 miles per hour; that Benjamin Franklin Drive can be added to the list of speed limits being decreased based on a study being conducted by the Engineering Department; that the proposal before the Commission relates to streets located near parks; that the SPD Traffic Division is unable to enforce the current 15 miles per hour speed limit on streets around parks; that the proposed speed limits target high volume pedestrian areas and safety for children; that streets on St. Armands Circle and Lido Key are posted at 25 miles per hour; that lowering the speed limit for St. Armands Circle and Lido Key to 20 miles per hour is not being proposed at this time. Commissioner Servian stated that St. Armands Circle and Lido Key are two of the most intense pedestrian areas in the entire City. Attorney Singer stated that many residential neighborhoods have contacted the Engineering Department regarding the need to reduce speed limits; that the initial list of proposed reductions was extensive; that unfortunately, the Commission does not have the authority to declare by ordinance all residential streets within the City have a speed limit lower than 30 miles per hour; that signage would also create an aesthetic issue; that a complete evaluation by the Engineering Department is expected later this yeari that the Public Works Department will conduct an evaluation for budget implications; that a proposed ordinance listing the residential streets which should be designated with a lower speed limit will be presented to the Commission at a later date. Commissioner Quillin returned to the Chambers at 8:50 p.m. Commissioner Servian stated that the roads entering St. Armands Circle are State Roads; and asked if the City has jurisdiction to lower the speed limit on State Roads? Police Sergeant DeNiro stated that State Road 789 approaching St. Armands Circle is posted at 40 miles per hour; however, the speed limit is posted at 35 miles per hour for construction occurring in the area; that the speed limit for State Road 789 is regulated by the Florida Department Of Transportation (FDOT) ; that local streets around St. Armands Circle are posted at 25 miles per hour; that conducting a study to lower the speed limit for streets around St. Armands Circle is supported; that the pedestrian traffic is significant. Mayor Mason asked the manner in which the public will be notified of the increase in the speed limit from 15 to 20 miles per hour around parks? Attorney Singer stated that 15 miles per hour signs will be replaced with 20 miles per hour signs; that flags can be installed on the signs to alert drivers of the increase; that the Administration has not discussed additional methods of notifying the public. Mayor Mason stated that an additional method of notifying the public is desired; that the recollection is the former Police Chief assured the Commission the previous speed limit reductions to 15 miles per hour would be enforceable; that the Commission was later informed the 15 miles per hour speed limit was not enforceable; that the public should be notified of the increase in writing; that changing the signage is not enough. Commissioner Martin asked if different colored or more visible signage will installed? Attorney Singer stated that the FDOT governs the appearance of speed limit signage; that the ability to install modified speed limit signage is unknown. Ms. Davis-Shaw came before the Commission and stated that the City is required follow the Manual on Uniform Traffic Control Devices regarding speed limit signage; however, flags can be attached to the signs and "Children at Play" signs can be installed at the park areas. Commissioner Martin stated that the understanding is the City has the ability to the lower speed limits in commercial districts to 15 miles per hour. Attorney Singer stated that is correct. Commissioner Martin asked if the Commission has the ability to lower the speed limit around St. Armands Circle to 15 miles per hour? BOOK 53 Page 25216 04/07/03 2:30 P.M. BOOK 53 Page 25217 04/07/03 2:30 P.M. Attorney Singer stated that Chapter 316, Florida Statutes, defines residence and business districts as follows: - Residence district: The territory contiguous to, and including, a highway, not comprising a business district, when the property on such highway, for a distance of 300 feet or more, is, in the main, improved with residences or residences and buildings in use for business. Business district: The territory contiguous to, and including, a highway, when 50 percent or more of the frontage thereon, for a distance of 300 feet or more, is occupies by buildings in use for business. Attorney Singer continued that Staff must determine the manner in which to apply each definition since St. Armands Circle is close to a residential district; that State Roads are also nearby; that a analysis to determine the interaction of the three types of roads must be conducted. Commissioner Martin stated that such an analysis would be helpful to determine the authority of the City in attempting to mitigate the significant pedestrian traffic; that other areas, for example along Siesta Drive, should also be evaluated. Commissioner Quillin stated that the Commission was previously informed the 15 miles per hour speed limit could be enforced; that the City incurred the cost of installing new neon speed limit signs; that the information of the inability to enforce the 15 miles per hour speed limit was received after a young person was killed near a park; that the information was disturbing; that the proposal before the Commission is a concern; that speeding is a main issue in residential areas; that the suggestion is for Staff to bring back a proposal to reduce all speed limits in residential neighborhoods to 20 miles per hours; that many of the City parks are in residential areas; that not long ago a resident near Arlington Park was killed while walking to a neighboring residence; that the speed limit through Arlington Park is posted at 25 miles per hour; that the reduction may have made a difference; that tickets must be issued to enforce the speed limits; that the Commission should pass an ordinance to reduce all residentially zoned areas to the lowest enforceable speed limit possible. Commissioner Martin stated that the understanding is the approach to reducing speed limits in residential neighborhoods is being handled in a two step approach; that Staff is reviewing residential streets throughout the City in addition to the proposal before the Commission; that reducing speed limits must be accompanied by signage; that signage is an aesthetic issue as well as a budget issue; and asked the timeframe of the expected completion date for Staff to review the residential streets. Ms. Davis-Shaw stated that a completion date is not available at this time; however, the review will be completed in the near future; that the intent of a two step approach is to immediately address the speed limits near parks; that a sign inventory cost estimate must be completed; that the number of signs in some locations can be reduced if one main entranceway exists such as the entrance to Bird Key; that a sign must be installed on all streets with more than one entranceway to notify the driver of the speed limit; that a report is being complied to provide the Commission with a realistic timeframe for the number of signs which must be installed and the cost. Commissioner Martin asked if the report will be part of the upcoming budget process? Ms. Davis-Shaw stated that the cost of the signage will be implemented through Traffic Calming funding included in the budget since the change will be to reduce speeds in residential areas. Commissioner Martin asked if funding is available for Traffic Calming in the fiscal year (FY) 2002/03? Ms. Davis-Shaw stated yes. Commissioner Quillin stated that Lockwood Ridge Road adjacent to Two Lakes Park as well as 15th Street adjacent to Palm Lake Park should be included in the speed limit reductions. Ms. Davis-Shaw stated that Lockwood Ridge Road is a County maintained roadway; that Staff has requested the issue be brought before the County's Traffic Advisory Council which must approve the recommendation to reduce the speed limit prior to obtaining approval from the Sarasota Board of County Commissioners (BCC). Commissioner Quillin stated that Wood Street parallels a park area and should be included in the speed limit reductions. BOOK 53 Page 25218 04/07/03 2:30 P.M. BOOK 53 Page 25219 04/07/03 2:30 P.M. Vice Mayor Palmer asked if 15th Street can be included in the speed limit reductions without being advertised for public hearing? Commissioner Quillin stated that the portion of 15th Street between Mackerel and Pompano Avenues is similar to a town square; that the portion of 15th Street and Mackerel and Pompano Avenues adjacent to Palm Lake Park as well as 15th Way should be included in the speed limit reductions. Attorney Singer stated that the notice for public hearing was a general advertisement; that the portion of 15th Street and Mackerel and Pompano Avenues adjacent to Palm Lake Park as well as 15th Way can be included in the speed limit reductions. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4459 by title only. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 03-4459 on first reading with the addition of the portion of 15th Street and Mackerel and Pompano Avenues adjacent to Palm Lake Park as well as 15th Way in the speed limit reductions. Commissioner Quillin stated that Wood Street near Two Lakes Park should be added; that Wood Street extends to the County line. Mayor Mason stated that Wood Street is not part of the motion. Vice Mayor Palmer asked for clarification regarding the boundaries of Wood Street near I'wo Lakes Park. Commissioner Quillin stated that Wood Street from the County line to Lockwood Ridge Road should be included in the speed limit reductions. Vice Mayor Palmer, as maker of the motion, with the approval of Commissioner Martin as the seconder, agreed to amend the motion to add Wood Street from the County line to Lockwood Ridge Road. Mayor Mason stated that the ability to lower speed limits to 20 miles per hour is understood; however, the area near the Janie Poe public housing complex which is being increased from 15 to 20 miles per hour is a concern; that the people should receive notification in writing regarding the change; that changing the signs will not be enough notification. Vice Mayor Palmer asked if the speed limit in the area near the Janie Poe public housing complex can reduced to 15 miles per hour? Attorney Singer stated no. Mayor Mason called for a vote on the motion to pass proposed Ordinance No. 03-4459 on first reading with the addition of the portion of 15th Street and Mackerel and Pompano Avenues adjacent to Palm Lake Park as well as 15th Way and also including Wood Street from the County line to Lockwood Ridge Road. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Servian, yesi Martin, yes; Mason, yesi Palmer, yes. 24. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED RESOLUTION NO . 02R-1542, APPROVING MAJOR CONDITIONAL USE APPLICATION NO . 02-CU-14 TO ALLOW A MOTOR VEHICLE SALES AGENCY IN THE COMMERCIAL GENERAL (CG) ZONE DISTRICT; SAID MAJOR CONDITIONAL USE IS DEPICTED WITHIN SITE PLAN APPLICATION NO. 02-SP-49 DESCRIBING A UNIFIED DEVELOPMENT WITH THE FOLLOWING ADDITIONAL USES: A PROPOSED OFFICE BUILDING AS A PERMITTED USE IN THE COMMERCIAL GENERAL (CG) ZONE DISTRICT L A MOTOR VEHICLE SALES AGENCY AS A PERMITTED USE IN THE COMMERCIAL INTENSIVE (CI) ZONE DISTRICT AND A STORMWATER DETENTION POND AS A PERMITTED USE IN THE COMMERCIAL GENERAL DISTRICT (CGD) ZONE DISTRICT; SAID PROPERTY IS LOCATED SOUTH OF NEBRASKA STREET, WEST OF BROWN AVENUE AND NORTH OF HANSEN STREET, AT 1706, 1708, 1718, 1800 AND 1820 NEBRASKA STREET AND 3930 AND 3946 BROWN AVENUE; REQUIRING THE MOTOR VEHICLE SALES AGENÇY TO BE CONSTRUCTED IN ACCORDANCE WITH APPROVED SITE PLAN APPLICATION NO. 02-SP-49; SETTING FORTH CONDITIONS OF APPROVAL; ETC. (TITLE ONLY) (APPLICATION NOS. 02-CU-14 AND 02-SP-49, APPLICANT CHARLES D. BAILEY, JR. OF WILLIAMS PARKER, HARRISON, DIETZ & GETZEN REPRESENTING SUNSET CHEVROLET, INC. A FLORIDA CORPORATION AND ROBERT W. GEYER AS OWNERS) ADOPTED WITH THE DELETION OF NO. 7, TRAFFIC CIRCULATION CONDITIONS PROFFERED BY APPLICANT, L EXHIBIT "C" OF PROPOSED RESOLUTION NO. 02R-1542 AND BOOK 53 Page 25220 04/07/03 2:30 P.M. BOOK 53 Page 25221 04/07/03 2:30 P.M. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 02-4414, TO CONDITIONALLY VACATE THAT CERTAIN PORTION OF THE 40 FOOT WIDE AND 50 FOOT WIDE NEBRASKA STREET RIGHT- OF-WAY COMMENCING AT ITS INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF BROWN AVENUE AND EXTENDING WESTWARD TO A POINT APPROKIMATEbY 50 FEET EAST OF ITS INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SUNSHINE AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; REPEALING ORDINANCES IN CONFLICT, ; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) (APPLICATION NO. 02-SV-06, APPLICANT CHARLES D. BAILEY, JR. OF WILLIAMS PARKER, HARRISON, DIETZ & GETZEN REPRESENTING SUNSET CHEVROLET, INC. A FLORIDA CORPORATION AND ROBERT W. GEYER AS OWNERS) PASSED ON FIRST READING (AGENDA ITEM X-B-1) CD 9:04 through 9:46 Mayor Mason requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the requirements of quasi-judicial public hearings were defined by the judicial process; that Major Conditional Use Application No. 02-CU-14 and Site Plan Application No. 02-SP-49 as incorporated in proposed Resolution No. 02R-1542 pertains to a request to allow a motor vehicle sales agency in the Commercial General (CG) Zone District; that Street Vacation Application No. 02-SV-06 as incorporated in proposed Ordinance No. 02-4414 pertaining to a conditional vacation of a portion of Nebraska Street is a non quasi-public hearing which will be heard at the same time; that during the quasi-judicial public hearing, 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 Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that no one has filed for certification as an Affected Person; that other interested persons are allowed to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that the Applicant and the City will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross-examination. City Attorney Taylor stated that the recommendation for the combined public hearing is to allow the Applicant 12 minutes for the presentation and 7 minutes for rebuttal; that the City's presentation will be 10 minutes with 5 minutes for rebuttal; that other interest persons will have 5 minutes to speak. Vice Mayor Palmer stated that extending the Commission meeting beyond 9:30 p.m. will be required; and requested that the time limits be shortened. City Attorney Taylor stated that the recommendation is to allow the Applicant 5 minutes for the presentation and 5 minutes for rebuttal; that the City's presentation will be 5 minutes with 5 minutes for rebuttal; that other interest persons will have 5 minutes to speak; that the Commission can entertain a motion to extend the time limits if 5 minutes is not adequate time for the Applicant's presentation. Mayor Mason stated that hearing the Commission's agreement, the time limits are approved; and requested that 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. Mayor Mason opened the public hearing and requested that the Applicant come forward. Charles Bailey, Jr., Esquire, law firm of Williams, Parker, Harrison, Dietz & Getzen, representing Sunset Chevrolet, Inc., and Robert Geyer, owner, and James Williams, Project Manager, Suncoast Autobuilders, Inc., came before the Commission. Attorney Bailey referred to site plans of the project area displayed on the Chamber monitors throughout the presentation and stated that Lawrence Weber, P.E., Weber Engineering and Surveying, Inc., is present in the audience and available for questions if necessary; that the project involves parcels in Lynwood Park which is south of Bay Road, north of Hansen Street, east of Brown Avenue, and in the general vicinity of the Barnes and Noble Bookstore; that the proposal is to expand the Sunset Chevrolet, Inc., motor vehicle sales agency use through Major Conditional Use Application No. 02-CU-14 and Site Plan Application No. 02-SP-49 as incorporated in proposed Resolution No. 02R-1542; that the unified development includes properties presently in the Commercial Intensive (CI) Zone District developed with the existing automobile dealership use; that a general office building, unrelated to the motor vehicle sales agency, is proposed for the westernmost lots along Hansen Street; that the proposed vacation of the Nebraska Street BOOK 53 Page 25222 04/07/03 2:30 P.M. BOOK 53 Page 25223 04/07/03 2:30 P.M. right-of-way will be converted into an interior driveway through the project; that a modified T-turnaround will be constructed to accommodate the size of a vehicle delivery truck. Attorney Bailey continued that its February 12, 2003, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found Major Conditional Use Application No. 02-CU-14 and Site Plan Application No. 02-SP-49 as incorporated in proposed Resolution No. 02R-1542 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and satisfy the criteria for approval in the Zoning Code (2002 Ed.) and voted unanimously to recommend Commission approval of proposed Resolution No. 02R-1542 subject to the following conditions: 1. The proposed unified development shall be constructed in conformity with Site Plan Application No. 02-SP-49; 2. Final approval by the City Commission of Street Vacation Application No. 02-SV-06 by the adoption on second reading of proposed Ordinance No. 02-4414; 3. A plan for directional signage for the Project depicted within Site Plan 02-SP-49 shall be submitted to the City Engineer for review and approval prior to the issuance of the first certificate of occupancy for the Project; 4. The Applicant shall implement and enforce the developed Good Neighbor Policy, as proffered; 5. Final adoption of proposed Ordinance No. 03-4435 by the City Commission; 6. The Applicants shall implement the traffic circulation conditions as proffered; 7. The major conditional use and site plan approval granted herein shall not become effective and Applicants shall acquire no rights to the major conditional use and site plan approval as to the property unless a Notice of Effective Date of Street Vacation is recorded in the Official Records of Sarasota County. Attorney Bailey further stated that at its February 12, 2003, meeting, the PBLP held a public hearing and found Street Vacation Application No. 02-SV-06 as incorporated in proposed Ordinance No. 02-4414 consistent with the City's Comprehensive Plan, and satisfies the criteria for approval in the Zoning Code (2002 Ed.) and voted unanimously to recommend Commission approval of proposed Ordinance No. 02-4414 subject to the following conditions which must be satisfied prior to the effective date of the street vacation: 1. The Applicant shall execute and record a Utility Easement in favor of TECO/Peoples Gas Company for the purpose of maintaining and repairing any existing gas facilities within the portion of right-of-way proposed to be vacated. 2. The Applicant shall execute and record a Utility Easement in favor of Verizon Florida, Inc., for the purpose of maintaining and repairing any existing telephone facilities within the portion of right-of- way proposed to be vacated. 3. The Applicant shall execute and record a Utility Easement in favor of Comcast Cablevision of Southwest Florida, Inc., for the purpose of maintaining and repairing any cable facilities within the portion of right-of-way proposed to be vacated. 4. The Applicant shall execute and record a Utility Easement in favor of Florida Power and Light Company for the purpose of maintaining and repairing any existing electrical facilities within the portion of right-of-way proposed to be vacated. 5. A condition precedent to the effective date of the street vacation of the area of right-of-way shall be the issuance by the City of a Building Permit for the improvements described in Major Conditional Use Application No. 02-CU-14 and Site Plan Application No. 02-SP-49. 6. A condition precedent to the effective date of the street vacation of the area of right-ot-way shall be the widening of Sunshine Avenue to City standards from Hanson Street to the vacated right-ot-way, the construction of a cul-de-sac or T-turnaround to City standards at the intersection of Sunshine Avenue and the vacated right-of-way and construction of a northbound left-turn lane within Brown Avenue providing at least 100 feet of storage plus a minimal taper at the Brown Avenue intersection with Bay Road. BOOK 53 Page 25224 04/07/03 2:30 P.M. BOOK 53 Page 25225 04/07/03 2:30 P.M. 7. The City shall record a Notice of Effective Date of Street Vacation at such time as the Applicant complies with the conditions precedent set forth. Attorney Bailey stated that a neighborhood workshop was held on August 22, 2002; that the number of attendees exceeded the expectations which resulted in the inability to comfortably seat everyone; that a second workshop was held on March 13, 2002; however, no one attended; that the assumption is the neighborhood has generally accepted the proposed project. Attorney Bailey continued that property was purchased by Mr. Geyer and Sunset Chevrolet, Inc., approximately 25 years ago from Altmann Chevrolet; that surrounding properties were gradually purchased throughout the years as each became available; that the property south of Nebraska Street was annexed into the City in 1996; that some of the parcels owned by Mr. Geyer and another corporation, not involved in the automobile dealership, were acquired after the annexation; that the goal is to consolidate and organize the site into a unified development. Attorney Bailey further stated that City Staff, particularity Karin Murphy, Senior Planner II, Planning Department, Timothy Litchet, Director of Building, Zoning and Code Enforcement, and Sam Freija, Transportation Engineer, Engineering Department, are commended for their effort and assistance with the project. Attorney Bailey referred to site plans of Phases I and II of the project area displayed on the Chamber monitors and stated that two phases of the project are being proposed; that Phase I of the project will involve: 1) conversion of a large area into a commercial parking lot, 2) conversion of the vacated Nebraska Street right-of-way to an interior drive, 3) reconstruction of the curb, gutter, and sidewalk along Brown Avenue and Hansen Street, 4.) construction of stormwater improvements along Nebraska Street including a vault and retention pond on the west end of Nebraska Street, and 5) construction of a modified T-turnaround; that the future site of the office building will be left vacant during Phase I. Attorney Bailey continued that the vehicle delivery trucks will enter the site from Brown Avenue, off-load the vehicles by utilizing the vacated Nebraska Street right-of-way, and exit to the north to Bay Street; that a conventional cul-de-sac would not be feasible for the area; that a modified T-turnaround can accommodate the vehicle delivery trucks; that the Sunshine Avenue and Hansen Street intersection will be widened and resurfaced to allow residents with boats and trailers to navigate more easily; that Site Plan Application No. 02-SP-49 provides for enhanced ground maintenance and landscaping; that nine trees will be planted along Hansen Street in front of several affordable housing units owned by Mr. Geyer; that the landscaping will be consistent with City regulations; that a concrete wall will be constructed around the perimeter of the site; that the unattractive barbed-wire fencing will be removed and a decorative temporary screen wall will be constructed to block the view during construction of the office building during Phase II; that a plan to construct an additional auto body repair building in the Phase II area has been withdrawn. Attorney Bailey referred to the Sunset Chevrolet, Inc., Good Neighbor Policy included in the Agenda backup material and stated that the policy is to provide open communication with nearby residents and an avenue to express concerns and receive responses in a timely manner; that for example, the policy prohibits the use of outdoor amplified speakers, off-loading of automobile carriers along the public right-of-way on Brown Avenue, employee parking in posted zones, and test drives on Bay Road west of Osprey Avenue and Hansen Street west of Brown Avenue; that the hope is the neighbors have noticed the improvement, that the Sunset Chevrolet, Inc., employee contact person is Lisa Ward who is present in the audience. Attorney Bailey continued that Phase II will involve: 1) construction of a 17,000 square foot dealership showroom, 2) construction of a 5,000 square foot office building, 3) installation of signage for no left turns from 4:00 p.m. to 6:00 p.m. at the intersection of U.S. 41 and Hansen Street, 4) construction of a northbound left turn lane on Brown Avenue and Bay Road, 5) relocation of the existing curb and stop sign at Brown Avenue and Bay Road to improve visibility, 6) construction of a bicycle storage rack and an improved bus shelter adjacent to the site, and 7) conversion of two two-way ingress/egress points to ingress only. Commissioner Martin asked the remaining number of two-way ingress/egress points to the project? Mr. Williams stated that one two-way ingress/egress point will exist on the site. BOOK 53 Page 25226 04/07/03 2:30 P.M. BOOK 53 Page 25227 04/07/03 2:30 P.M. Attorney Bailey stated that the development of the project will result in dramatic improvements to the aesthetics, drainage, and traffic circulation of the property; that Street Vacation Application No. 02-SV-06 as incorporated in proposed Ordinance No. 02-4414 pertains to a conditional vacation of a certain portion of the 40 foot wide and 50 foot wide Nebraska Street right-of-way in which the City has an easement interest; that the desire of the Commission not to allow disruption to the grid system of the City is understood; that the potential to extend Nebraska Street does not exist; that Sunset Chevrolet, Inc., owns both sides of the Nebraska Street right-of-way with the exception of the parcel on the northwest corner of the intersection of Brown Avenue and Nebraska Street which is privately owned; that a cross access easement to neighboring property owners to assist with access to Sunshine Avenue will be provided; that the proposed street vacation will eliminate commercial vehicle intrusion into the residential areas; that the City has no plans to improve Nebraska Avenue which was inherited at the time the properties were annexed into the City; that the street vacation will eliminate the City's maintenance and improvement of the Nebraska Street roadway. Attorney Bailey referred to an undated letter to the PBLP from Albert and Martha Hope regarding Sunset Chevrolet Development Approvals included in the Agenda backup material and stated that Mr. and Mrs. Hope are the only remaining residents whose property fronts Nebraska Street; that the letter indicates support for the proposed project; that the Applicant supports neighborhood improvements which would be mutually beneficial to all parties. Commissioner Servian asked if an evening cut off time for off-loading of vehicles is established? Mr. Geyer stated that the evening cut off time for the vehicle delivery truck to off-load is 7:00 p.m.i that deliveries were occurring during all hours of the night prior to the establishment of a cut off time; that the situation became problematic for the neighborhood sO the 7:00 p.m. cut-off time was established. Vice Mayor Palmer asked if the 7:00 p.m. cut-off time is instituted in the Sunset Chevrolet, Inc., Good Neighbor Policy? Attorney Bailey stated yes. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to extend the meeting to complete the Agenda. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. Mayor Mason requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning Department, came before the Commission; referred to computer-generated slides of the project area displayed on the Chamber monitors throughout the presentation; and stated that the City entered into a Municipal Services Agreement concerning the subject property in May of 1996; that a number of the properties were under different ownership; that she began working on the proposed project a number of years ago during the City-initiated annexation portion of the development; that Staff encouraged the Applicant to develop a long-range plan of a unified development; that the City initiated an annexation and rezoning of the property from a Sarasota County zone district to a City zone district; that a significant amount of public confusion as to the authority of the City existed after the annexation; that public education occurred to explain the process of developing the unified development. Commissioner Quillin left the Chambers at 9:26 p.m. Ms. Murphy continued that the Applicants was encouraged to utilize the Good Neighbor Policy which has been implemented successfully by other automobile dealerships; that Staff has worked with the Applicant since the time of the annexation to determine the long- range plans for the dealership; that the initial application was for the creation of additional automotive service bays on the CI Zone District portion of the site; that Staff encouraged the Applicant to develop more of a long-range plan for the property which would move the intensive uses such as auto body repair away from the portion of the property adjacent to residential uses; that at one time people flocked to the dealerships located in Downtown areas to view exciting new automobile models; that dealerships were lavish temples and civic buildings such as the Studebaker Building in St. Petersburg, Florida, which was designed by acclaimed architects; that as people left the Downtown area sO did many of the dealerships; that the focus changed from the building architecture and displays to large expanses of asphalt and inventory in the front of the building; that several dealerships are returning to Downtown and central areas which will require a re-evaluation of the placement of uses with the existing BOOK 53 Page 25228 04/07/03 2:30 P.M. BOOK 53 Page 25229 04/07/03 2:30 P.M. surrounding neighborhoods; that traffic circulation should be addressed to mitigate adverse impacts. Commissioner Quillin returned to the Chambers at 9:29 p.m. Ms. Murphy further stated that the Applicant has worked with the surrounding community to ensure neighborhood compatibility; that unfortunately, the Applicant could not please everyone in the area; however, the Applicant withdrew the request for the creation of additional automotive service bays under the encouragement of Staff; that the Sunset Chevrolet, Inc., Good Neighbor Policy has been instituted; that enhanced landscape buffering is being incorporated into the project; that the vacation of Nebraska Street, circulation plan, signage, driveway reductions, and road improvements will reduce truck and automobile traffic through the surrounding residential neighborhood; that the improvements along with the unified master plan of the dealership will enable the dealership to remain in the urban area while addressing necessary impact mitigation; that the objective is to keep intense uses on the interior of the property and the office uses against the streets to buffer parking from the neighborhood; that the vacation of Nebraska Street will mitigate some of the neighborhood concerns regarding through traffic; that the proposed construction of a concrete wall will be a major improvement; that live/work units can be developed along Hansen Street to assist with transitioning into the existing neighborhood. Ms. Murphy stated further that the neighborhood in general has poor connectivity; that the County is currently installing sidewalks in the area; that several of the streets are split between the City and County jurisdictions; that a representative from the County provided the residents with information regarding neighborhood programs available through the County; that inter- jurisdictional action strategies can be developed to benefit the neighborhood as a whole; that City Staff will continue to work with the State and the County regarding the adjacent roadways and to improve conditions along Bay Road; that the Administration recommends adoption of Resolution No. 02R-1542. Commissioner Martin stated that the 6 foot concrete wall will be primarily internal to the site; and asked for clarification regarding the decorative fencing along Hansen Street. Ms. Murphy stated that spillover parking on portions of the vacant land is a neighborhood concern; that landscaping and low wall fencing will be installed temporarily during the transition to a unified development. Commissioner Martin asked if the retention pond is internal to the site? Ms. Murphy stated yes; that the Applicant worked closely with the neighbor, Mr. Hope, to develop the aesthetics of the retention pond. Mr. Williams returned to the Commission table; referred to computer-generated photographs of the proposed retention pond and surrounding area displayed on the Chamber monitors; and stated that Mr. Hope was provided options regarding the placement of the decorative wall and prefers the decorative wall be located behind his residence; that the same decorative wall extends along the residential/comercial portions of the project; that Nebraska Street will also be widened approximately 1.5 feet for practical reasons. Commissioner Martin asked if lighting will be internally directed toward the project? Ms. Murphy stated yes; that lighting will meet all City standards regarding shielding. Mayor Mason requested that other interested persons come forward; and the following interested persons came before the Commission: J. Scott Eller, Executive Director, and Heather Eller, Administrator, Renaissance Manor, Inc.y (Renaissance Manor), came before the Commission. Mr. Eller stated that Renaissance Manor provides housing to low-income individuals; that Renaissance Manor has been part of the community and has made tremendous strides in affordable housing for the past 8 years; that approximately one year ago, Mr. and Mrs. Geyer contacted the Renaissance Manor regarding the possibility of developing affordable housing with property recently purchased on Nebraska Avenue and Hansen Street; that the duplex at 1709-11 Hansen Street was determined structurally sound and, with upgrades, suitable affordable housing; that the remaining structures purchased further east on Hansen Street were not structurally sound, in deplorable condition, and being utilized as crack houses. BOOK 53 Page 25230 04/07/03 2:30 P.M. BOOK 53 Page 25231 04/07/03 2:30 P.M. Mr. Eller continued that Mr. and Mrs. Geyer later purchased the neighboring duplexes for additional affordable housing; that the duplexes are leased to the Renaissance Manor for $1.00 per year; that the units are then leased as affordable housing for $340 per month including utilities and furniture if necessary; that the investment being made in the landscaping near the affordable housing is significant. Mr. Eller further stated that he has been working diligently to seek grants and community partners interested in the endeavor of affordable housing; that Mr. and Mrs. Geyer are the first individuals to offer major support by investing over $540,000 to make affordable housing a reality; that Mr. and Mrs. Geyer could have easily utilized the properties to develop uses which would have yielded a significant return; that Mr. and Mrs. Geyer invested in the affordable housing with a sincere desire to be good neighbors and to assist those who are less fortunate; that such an investment has resulted in hundreds of jobs and opportunities; that Mr. and Mrs. Geyer have been residents of Sarasota for 23 years and are not "fly by night" developers who build and leave town; that their efforts to act as good, solid community partners and their desire to help the less fortunate enjoy Sarasota should be recognized; that the sincere integrity and compassion are appreciated; and requested that the Commission support the proposed development. Commissioner Martin stated that the efforts of Renaissance Manor are commended. Mayor Mason agreed. City Auditor and Clerk Robinson stated that no other interested persons have signed up to speak. Mayor Mason requested that the Applicant and the City come forward for rebuttal. Mr. Bailey stated that Staff of the City Attorney's Office responsible for the preparation of resolutions, ordinances, and detailed stipulations is commended for their efforts. Ms. Murphy referred to Exhibit "C," Traffic Circulation Conditions Proffered by Applicant, of proposed Resolution No. 02R-1542 included in the Agenda backup material as follows: 7. The applicant proposes that a "No Left Turn" northbound sign be allowed at Bay Road from Brown Avenue in lieu of the 100 feet left turn storage lane. Ms. Murphy stated that the final traffic circulation improvements resulted in a recommended turn lane at the intersection of Bay Road and Brown Avenue to enhance circulation; therefore, the proffered condition is not necessary; that Staff recommends approval of proposed Resolution No. 02R-1542 with the deletion of No. 7, Traffic Circulation Conditions Proffered by Applicant, Exhibit "C," of proposed Resolution No. 02R-1542. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1542 by title only. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to adopt proposed Resolution No. 02R-1542 with the deletion of No. 7, Traffic Circulation Conditions Proffered by Applicant, Exhibit "C," of proposed Resolution No. 02R-1542. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes; Martin, yesi Mason, yes; Palmer, yes; Quillin, yes. Commissioner Quillin stated that the Applicant and Staff are commended for their efforts; that the traffic circulation along Bay Road has been a problem for years; that the area is personally avoided; that the improvements to the area are appreciated. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4414 by title only. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 02-4414 on first reading. 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. 25. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XI) CD 9:48 through 9:53 BOOK 53 Page 25232 04/07/03 2:30 P.M. BOOK 53 Page 25233 04/07/03 2:30 P.M. The following person came before the Commission: Grissim Walker, Jr., P.O. Box 15726, Sarasota (34277), representing Sarasota/Manatee Chapter of ACLU of Florida, distributed and read from a prepared statement; that he is coming before the Commission at this time to express continued concerns regarding proposed Ordinance No. 03-4433 which would impose a special event permit requirement for any assembly of 50 or more people in a City park; that the Commission is commended for recognizing proposed Ordinance No. 03-4433 as originally drafted is unsatisfactory; that the opportunity to revisit the situation in consultation with Staff prior to the consideration of any alternative proposal is appreciated. Mr. Walker continued that the Commission has publicly expressed the intention to address the issue regarding regular usage of Gillespie Park for two to three hours on Sunday afternoons by Gifts From God, despite the referral of proposed Ordinance No. 03-4433 back to Staff; that Gifts From God is a ministry which provides preaching, amplified music, and a meal to a population which includes many homeless individuals; that the Sarasota/Manatee Chapter of the ACLU of Florida is deeply concerned any ordinance which effectively restricts a particular group's use of City parks would constitute an inappropriate restriction on free speech and expressive conduct. Mr. Walker further stated that he was unable to fully complete his original remarks at the March 3, 2003, Regular meeting due to time constraints; that the desire is to fully apprise the Commission of the views of the Sarasota/Manatee Chapter of the ACLU of Florida regarding the matter; that productive telephone conversations have been held with Staff of the City Attorney's Office; that an opportunity for discussion with City Staff has not previously arisen; that the expectation is to meet with City Staff later in the week of April 7, 2003; that the belief is a significant chance exists for Staff to look toward a revision of the basic provisions of proposed Ordinance No. 03-4433 as originally drafted and to use much of the same language to create a special event permit system applicable only to Gillespie Park or to Gillespie Park and some small number of other parks. Mr. Walker stated further that the desire is not to foreclose any lines of constructive discussion and consultation; that the Sarasota/Manatee Chapter of the ACLU of Florida remains opposed to the imposition of any special event permit system, whether applied to a single park, some parks, or all parks. Mr. Walker stated that narrowing the application of proposed Ordinance No. 03-4433 to Gillespie Park will be construed as an impermissible restriction on the speech or expressive conduct of one particular speaker; that the issue is only heightened as the focus of proposed Ordinance No. 03-4433 narrows. Mr. Walker continued that room for improvement from a civil liberties perspective exists within the structure of a special event permit system; that the Sarasota/Manatee Chapter of the ACLU of Florida believes any special event permit system applicable to any public assembly is fatally flawed; that a special event permit system will have a chilling effect on legitimate free speech and expressive conduct and will be vulnerable to Constitutional challenge on an "as applied" basis. Mr. Walker further stated that the Sarasota/Manatee Chapter of the ACLU of Florida believes the appropriate remedy is not the creation of a permit system for Gillespie Park or any other parks if particular problems with noise, trash, or other secondary effects of the Gifts from God ministry occur; that appropriate, legitimate laws relating to noise, littering, or the like should be enforced. Mr. Walker stated further that the City, in consultation with the County, should reexamine the system for utilization of Gillespie Park; that the system should be revised to ensure any new or infrequent user of the pavilion at Gillespie Park would have priority over a regular user such as Gifts From God. Mr. Walker further stated that the Sarasota/Manatee Chapter of the ACLU of Florida urges the Commission to examine solutions which do not suppress freedom of speech as alternative solutions to the alleged problem presented by Gifts From God's use of Gillespie Park; that for example, while the Sarasota/Manatee Chapter of the ACLU of Florida has serious problems with direct City sponsorship or partnership with an expressly religious organization such as Gifts From God, an alternative approach to the situation is to take legitimate steps to facilitate relocation of the services provided by Gifts From God; that the City should take appropriate measures to encourage or facilitate Gifts From God's efforts to secure a permanent building or act favorably on zoning or other matters to enable Gifts From God to relocate the services provided; that the understanding is efforts toward this direction have been made; that the BOOK 53 Page 25234 04/07/03 2:30 P.M. BOOK 53 Page 25235 04/07/03 2:30 P.M. Commission is urged to re-examine possibilities toward the effort. Mr. Walker stated further that the Gillespie Park Neighborhood Association is concerned about public urination; that the public status of the restrooms of the police substation in Gillespie Park could be affirmed and publicized; that additional trash cans should be provided in Gillespie Park. Mr. Walker stated the Commission is reminded to direct Staff to present not only a revised Ordinance but to also present enabling rules and regulations; that adequately evaluating the precise or practical implications of proposed Ordinance No. 03-4433 is virtually impossible without having the opportunity to evaluate the enabling rules and regulations of the proposed Ordinance. Mr. Walker continued that the alleged problems regarding amplified music and preaching have already been addressed by a new noise Ordinance; that proposed Ordinance No. 03-4433 will surely place an unreasonable restriction on the time, place, and manner of speech and expressive conduct in a City park which will effectively solve the problem in Gillespie Park by preventing Gifts From God from using the park; that on the other hand, an unnecessary layer of red tape and expense will be created which will not address the concerns of the Gillespie Park Neighborhood Association if proposed Ordinance No. 03-4433 does not have sufficient restriction to curtail the use of the park by Gifts From God, Mr. Walker further stated that the opportunity to represent the views of Sarasota/Manatee Chapter of the ACLU of Florida regarding the matter is appreciated; that he looks forward to pursuing consultations with City Staff regarding the matter. Commissioner Servian stated that she reviewed the minutes of the March 3, 2003, Regular meeting regarding the issue to determine if the Sarasota/Manatee Chapter of the ACLU of Florida was planning to meet regarding the issue; that Mr. Walker's presence is appreciated. Commissloner Martin stated that many people were expecting the issue regarding proposed Ordinance No. 03-4433 on the Agenda for the April 7, 2003, Regular Commission meeting; that proposed Ordinance No. 03-4433 will be on the Agenda for the April 21, 2003, Regular Commission meeting. 26. UNFINISHED BUSINESS: APPROVAL RE: PROPOSED ORDINANCE NO. 03-4457, AMENDING CHAPTER 24, ARTICLE II, DIVISION 2, FIRE, 1 OF THE CODE OF SARASOTA, AMENDING SECTION 24-43( (C) PERTAINING TO DISTRIBUTION OF AVAILABLE FUNDS TO CERTAIN RETIRED OR TERMINATED FIREFIGHTERS OR THEIR SURVIVING SPOUSE, ; AMENDING SECTION 24-45 PERTAINING TO THE APPLICABILITY OF AMENDMENTS TO CHAPTER 24; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID OR UNENFORCEABLE, i ETC. I (TITLE ONLY) ADOPTED (AGENDA ITEM XII-1) CD 9:53 through 9:54 City Auditor and Clerk Robinson stated that Consent Agenda No. 2, Item No. 6, regarding proposed Ordinance No. 03-4457 was removed for discussion from the afternoon session by Vice Mayor Palmer. City Auditor and Clerk Robinson read proposed Ordinance No. 03- 4457 by title only. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 03-4457 on second reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Mason, yesi Palmer, no; Quillin, yesi Servian, yes; Martin, yes. 27. NEW BUSINESS: APPROVAL RE: PRELIMINARY APPROVAL OF CELEBRATE SARASOTA GRANT FOR FUNDING TOWARDS THE NEWTOWN EASTER PARADE PRELIMINARILY APPROVED THE CELEBRATE SARASOTA GRANT APPLICATION FOR FUNDING TOWARD THE NEWTOWN EASTER PARADE OF NOT LESS THAN $1,000 AND REQUESTED A RECOMMENDATION FROM THE CELEBRATE SARASOTA COMMITTEE REGARDING AN ADDITIONAL AMOUNT (AGENDA ITEM XIII-1) CD 9:54 through 10:00 Mayor Mason stated that the Commission previously expressed the desire for a group from the Newtown Community to submit a Grant Application for funding from the City of Sarasota 100th Anniversary (Celebrate Sarasota) Grant Funds; that a Grant Application has been submitted requesting funding towards the costs associated with the Newtown Easter Parade; that the Newtown Easter Parade is a large part of the history of the BOOK 53 Page 25236 04/07/03 2:30 P.M. BOOK 53 Page 25237 04/07/03 2:30 P.M. Newtown community; that the group submitting the Grant Application has worked hard and has encountered financial struggles; that the Celebrate Sarasota Grant : Application provides a wonderful opportunity to resurrect the Newtown Easter Parade; that the Celebrate Sarasota Committee will be meeting on April 9, 2003, to consider the grant application; that the Easter Parade is scheduled for April 20, 2003; that the Commission does not meet again until April 21, 2003; therefore, the Commission's preliminary approval is necessary if the Celebrate Sarasota Committee approves the Grant Application on April 9, 2003. Commissioner Quillin stated that the Newtown Easter Parade is a traditional community event; that communities are becoming more involved and familiar with traditional community events; that the Grant Application should be supported; that placing a limit on funding for the event is not supported; that the Celebrate Sarasota Committee should be made aware the Commission supports the Newtown Easter Parade; that the Celebrate Sarasota Committee can decide on the Grant Application funding contribution; that funding more than $1,000 is not considered a problem. Mayor Mason stated that the hope is funding will be more than $1,000 and not less. Commissioner Quillin stated that the Newtown Easter Parade is a large event; that the Juneteenth Celebration is another large event which is also anticipated. Mayor Mason stated that the Newtown Easter Parade has vast historical merit for the Newtown community; that the Newtown Easter Parade did not take place one yeari that the following year the celebration was meager; that the group organizing the Newtown Easter Parade is applauded; that the group has made significant efforts to ensure the historic perspective of the Newtown community remains alive. Mayor Mason passed the gavel to Vice Mayor Palmer. On motion of Mayor Mason and second of Commissioner Servian, it was moved to preliminarily approve the Celebrate Sarasota Grant Application for funding towards the Newtown Easter Parade. Mayor Mason stated that the suggestion provided by Commissioner Quillin to leave the decision regarding funding of more, not less, than $1,000 up to the Celebrate Sarasota Committee is supported. Commissioner Servian stated that having the Grant Application regarding the Newtown Easter Parade on the Agenda is pleasing; that the group organizing the Newtown Easter Parade was having difficulty obtaining funding; that increased funding is necessary to provide additional police officers and to block off streets during the celebration; that assisting the group by providing funding is a wonderful opportunity. Vice Mayor Palmer restated the motion to preliminarily approve the Celebrate Sarasota Grant Application for funding toward the Newtown Easter Parade and Festival not less than $1,000 and to request a recommendation from the Celebrate Sarasota Committee to consider an additional amount. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. Vice Mayor Palmer passed the gavel back to Mayor Mason. Commissioner Quillin stated that a letter should be sent to the Celebrate Sarasota Committee as a reminder to earmark funding for the Juneteenth Celebration which is fast approaching. Mayor Mason stated that the organizers for the Juneteenth Celebration should submit a Grant Application to request funding. Commissioner Quillin stated that the group organizing the Newtown Easter Parade and Festival will attempt to organize the Juneteenth Celebration. Mayor Mason stated that the group should be provided with a Grant Application. Commissioner Quillin stated that the Celebrate Sarasota Committee should be reminded to earmark funding for the Juneteenth Celebration. City Auditor and Clerk Robinson stated that the issue will be raised with the Celebrate Sarasota Committee. 28. NEW BUSINESS : APPROVAL RE : REQUEST FOR A STUDY COMPARING THE BENEFITS OF IN-HOUSE LEGAL COUNSEL TO EXTERNAL LEGAL COUNSEL = REFERRED TO THE CHARTER OFFICIALS TO REPORT BACK WITH A STUDY COMPARING THE BENEFITS OF IN-HOUSE AND BOOK 53 Page 25238 04/07/03 2:30 P.M. BOOK 53 Page 25239 04/07/03 2:30 P.M. EXTERNAL LEGAL COUNSEL AND TO REDUCE EXTERNAL ATTORNEY FEES (AGENDA ITEM XIII-2) CD 10:00 through 10:13 Commissioner Servian stated that the item was placed on the Agenda in light of the Annual Financial Report and Audit Letter contained in the Annual Financial Report; that the Audit Letter indicates a suggestion the City should examine the possibility of in-house legal counsel; that the County Attorney was contacted and several hours were spent discussing the procedure the County utilized in going from external to in-house legal counsel to reduce legal expenses; that a long conversation was also held with City Attorney Taylor to provide an understanding of the reasons for contacting the County Attorney and to assure the type of legal counsel currently being received from the City Attorney's Office is adequate and appreciated; that consensus is requested to 1) conduct a study comparing the benefits of in-house and external legal counsel and 2) request the City Attorney's Office to examine ways in which the City could reduce costs by limiting access to the services provided by the City Attorney's Office. Commissioner Servian continued that a surprising discovery was the County's total legal expenses are approximately equal to the City's; that the County is significantly larger than the City; that the City having legal expenses equal to the County is astounding; that the County has implemented procedures restricting access to County attorneys; that neither citizens nor the media are permitted to contact County attorneys; that other attorneys in the community are not permitted to confer with County Attorneys; that the County Administration, County Staff, and the Sarasota Board of County Commissioners (BCC) do not have free access to County attorneys; that work which is brought through the County Attorney's Office is restricted which keeps the legal costs down to $98 per hour; that the procedures which have been implemented are responsible for keeping the legal costs down; that the best method of studying the issue is not known; that an external consultant may be necessary; that City Staff should not be responsible for conducting the study; that the individual conducting the study could report directly to the Commission; that City Attorney Taylor should report back to the Commission with recommendations to reduce legal costs. Commissioner Quillin stated that the Commission has no Staff except through Charter Officials; that the only logical answer is to conduct the study through the Office of the City Auditor and Clerk who is responsible for auditing the City; that the study is considered an audit; that a request is for the Office of the City Auditor and Clerk to conduct the study and bring back recommendations to the Commission. Commissioner Servian stated that the desire was not to place the City Auditor and Clerk in the position of auditing another Charter Official; that the preference is having an individual conduct a study and report directly to the Commission. Commissioner Quillin stated that the Commission has no Staff. City Attorney Taylor stated that the study is not truly an audit; that the City Attorney's Office cannot implement changes without the assistance of the City Manager and the City Auditor and Clerk; that a suggestion is for the City Attorney's Office, the City Manager, and the City Auditor and Clerk to work together to identify an uncomplicated methodology to bring back to the Commission. Commissioner Servian stated that City Staff presently consults the City Attorney's Office for any issue; that the City Attorney may have difficulty working with the City Manager and City Auditor and Clerk since the City Attorney's Office is being impacted by the study. Vice Mayor Palmer stated that the issue should be referred to the three Charter Officials to bring back a proposal to move forward with a decision regarding in-house versus external legal counsel; that the appropriateness of the timing to bring the services of the City Attorney's Office in-house has been raised over the past two years during discussions concerning the City's budget; that utilization of the services provided by the City Attorney's Office has become out of control; that more discipline should be exercised; that the City Manager has indicated an attempt has been made to limit Staff contact with the City Attorney's Office; that suggestions are presently being made for Staff to perform work related to drafting proposed Ordinances; that a plan of action should be brought back; that the study should also be part of the strategic planning process. Commissioner Quillin stated that a basic analysis of the type of work and a breakdown of litigation has been requested from the City Attorney's Office in the past; that the County has a much lower hourly attorney rate as the County Attorneys are salaried employees and receive benefits; that the issue should be studied from an auditing perspective to achieve cohesiveness. BOOK 53 Page 25240 04/07/03 2:30 P.M. BOOK 53 Page 25241 04/07/03 2:30 P.M. City Attorney Taylor stated that a policy of expected results from the City Attorney's Office has been established in the City over the years which contributes to a significant portion of the end result of services provided by the City Attorney's Office; that relationships between City Attorney's Office Staff and City Staff have grown over the years and affects the end result of services provided; that reducing access to the City Attorney's Office cannot be accomplished quickly; that the issue should be examined internally rather than having an outside individual with no concept of the relationship between the City and the City Attorney's Office perform the study; that the suggestion is for the three Charter Officials to research the issue as a first step and bring back a methodology to the Commission. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to refer the issues of a study comparing the benefits of in-house and external legal counsel and ways to reduce external attorney fees to the Charter Officials to provide a report back. Commissioner Servian stated that the understanding provided by City Attorney Taylor regarding the reasons for raising the issue of in-house legal counsel is appreciated; that the relationship between the City Staff and the City Attorney's Office is respectful; that discussions with City Attorney laylor over the last week have been interested and are appreciated. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Quillin, yesi Servian, yes; Mason, yes. 29. NEW BUSINESS: PRESENTATION RE : RESULTS OF THE REVIEW OF THE CITY'S PLANNING AND PERMITTING PROGRAM AND SEEK ENDORSEMENT FOR THOSE THAT HAVE POLICY IMPLICATIONS ENDORSED THE RECOMMENDATIONS LISTED IN EXHIBIT A AND DIRECTED STAFF TO PROCEED WITH PREPARING THE APPROPRIATE AND NECESSARI AMENDMENTS AND PROCEDURES (AGENDA ITEM XIII-3) CD 10:13 through 10:30 City Manager McNees stated that in September 2002, Staff, together with six individuals from the private sector began a review of the City's planning and permitting program; that the review was to identify strengths and weaknesses of the program and to develop recommendations for improvement; that the efforts of Staff and the individuals from the private sector are appreciated. Douglas James, Chief Planner, Planning Department, came before the Commission and stated that the six private sector individuals involved in the review of the City's planning and permitting program are Donald Lawson, Michael Walker, Brent Parker, Joel Freeman, and Attorneys Stephen Rees and Charles Bailey, Jr.; that the individuals have busy schedules but attended every joint panel and individual meetings. Mr. James referred to the following Exhibits in the Agenda backup material: Exhibit A: Recommendations for Review and Endorsement by the City Commission (Exhibit A) Exhibit B: Recommendations for Immediate Implementation by City Staff (Exhibit B) Mr. James stated that nearly 40 people participated in the review which resulted in 21 recommendations for program improvements classified into the following three Categories: A) Process and Communication, B) Information and Data, and C) Organization and Operation; that Exhibit A lists the 8 of the 21 recommendations as follows which require the review and endorsement by the Commission: A. Process and Communication A.1 Modify existing procedures to allow City Staff to make the final "administrative" decision for site plans which are: a) "code complaint" and b) do not reflect a "land use" issue. Allow an applicant to appeal an administrative decision to the appropriate body when legitimate differences emerge between the City Staff and the applicant. (Section IV-201C, Zoning Code (2002 Ed.) A.2 Authorize the City Engineer to act upon Engineering Design Criteria Manual (EDCM) technical deviations. An appeal of the decision to the City Manager will be an option available to the applicant. A.4 Develop and adopt formal procedures for the review and processing of redevelopment proposals and Prmatiw/meatian related activities. BOOK 53 Page 25242 04/07/03 2:30 P.M. BOOK 53 Page 25243 04/07/03 2:30 P.M. A.5 Eliminate the Development Review Committee (DRC) as a formal participant in the process for amendments to the City's Comprehensive Plan process and replace the DRC with the "coordination by notification" concept. A.6 Process amendments to the City's Comprehensive Plan twice a year. A.9 Develop procedures which will allow for the filing of plans and applications at the applicant's risk while traffic concurrency and circulation studies are underway. C. Organization and Operation C.2 Develop a program which dercompartmentalises" current information/Aplication flow and creates a formal "case planner" concept. C.4 Remove Neighborhood Development Department representation on the DRC. Mr. James stated that Exhibit B lists the remaining 13 of the 21 recommendations as follows which will be immediately implemented by Staff: A. Process and Communication A.3 Allow for delegated "sign-offs" of site plans at the discretion of the case planner. A.7 Undertake a six-month trial process wherein building and zoning reviews of building permit applications would occur concurrently and decide the method to proceed with continuing, eliminating, or modifying the current sequential review process. A.8 Develop time frames for processing applications. A.10 Develop an electronic filing/tracking program for application submittal and review. B. Information and Data B.1 Ensure initial review comments for all plans and applications are thorough, comprehensive, and germane to the application and ensure subsequent review comments focus upon the content of the re-submittal and not the initial submittal. B.2 Create simple matrixes and utilize trade organizations to distribute proposed and adopted changes to plans, codes, and procedures. Publish an expanded newsletter which publicizes the issues. B.3 Continue to require plans submitted to the City for technical review by Staff reflect the current "fold out" format. Plans for review by the Planning Board and the City Commission should reflect a new 11" X 17" format. All plans must be signed and sealed. B.4 Do not request data from an application which is readily available to Staff. B.5 Develop "templates" for selected legal documents and use templates as a foundation to prepare the legal documents for review by the City Attorney's Office. C. Organization and Operation C.1 Continue to monitor and "tweak" existing processes and procedures on an ongoing basis. Reconvene the internal and external panel members in approximately six months to discuss recommendation implementation progress and suggest additional improvements. C.3 Reduce the number of departments having the term "development" or redevelopment" as part of the Departmental title. C.5 Expand Staff training needs to include the principles of cultural expectations while serving internal and external customers. C.6 Investigate the strengths and weaknesses associated with the "Hearing Master" concept. Mr. James stated that the phrase "for technical review" should be added to Recommendation B.3 to result in the following: . All plans for technical review must be signed and sealed. Mr. James continued that Attachment 1, Work Program, Exhibit C (Work Program), was reviewed by the Charter Officials prior to distribution to Staff; that a kick-off meeting to critique the Work Program was held for the Charter Officials; that the Work Program provides a list of Staff involved in the development of the Work Program. BOOK 53 Page 25244 04/07/03 2:30 P.M. BOOK 53 Page 25245 04/07/03 2:30 P.M. Mr. James referred to Attachment 5, a March 11, 2003, memorandum from Robert Fournier, Attorney, City Attorney's Office, Exhibit C, included in the Agenda backup material which addresses the eight recommendations requiring Commission approval; and stated that the Commission is requested to endorse the eight recommendations listed in Exhibit A as requiring Commission endorsement. Vice Mayor Palmer stated that Staff, the Administration, and the individuals from the private sector who participated are commended for the review of the City's planning and permitting program; that the work is extraordinary. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to endorse the recommendations listed in Exhibit A and direct Staff to proceed with preparing the appropriate and necessary amendments and procedures. Commissioner Quillin referred to Recommendation C.3 and asked the number of City Departments having a title which includes the terms "development" or "redevelopment. 11 Mr. James stated that the terms development" or "redevelopment" are included in a few departmental names; that one reason for the suggestion is a significant number of members of the public are confused as to which City Department to contact; that many administrative support level employees are not aware of which City Department to contact. Commissloner Quillin stated that the Redevelopment Department was established as a stand alone Department; that placing the Redevelopment Department under the Planning Department is not supported due to issues involving the Community Redevelopment Area; that the name of the Department was originally the Neighborhoods and Redevelopment Department, that the terms development" and "redevelopment I are mixed; that the Redevelopment Department which is tied to a specific plan should exist as a stand alone Department and not be part of the Planning Department; that the Planning Department is not a part of the redevelopment process. Commissioner Quillin referred to Recommendation C.5 and stated that changing the principles of customer service is not supported; that the general public expects customer service. Mayor Mason stated that the motion on the table addresses only Exhibit A; and asked if the motion is clear? Commissioner Quillin stated that the questions being raised at the present time are related to Exhibit A. City Manager McNees stated that a personal preference is to avoid referencing the City's constituents as "customers"; that people are customers at restaurants or stores; that customers can go to another restaurant or store if dissatisfied with the service; that the City's constituents do not have the same option of going elsewhere; that the City should treat constituents better than customers; that the City's constituents are partners; that the focus should be on teaching a culture in the City; that the City is here to serve the residents and constituents of the City who pay taxes; that the reason for specifically changing the language from "customer service" to "cultural expectations" is to teach more than customer service; that the desire is to teach a sense of responsibility toward the residents of the Cityi that doing sO extends beyond simply being a provider to a customer. Commissioner Martin stated that innovation and progressive thinking is the reason for hiring the City Manager; that stories of frustration regarding the City's planning and permitting program have been heard from developers in the community; that the belief was the process could be addressed and made simpler and more friendly; that the efforts and cooperation by Staff to listen and obtain ideas from the private sector is a good move and is appreciated; that the understanding is the recommendations listed on Exhibit B have been reviewed by Staff and individuals from the private sector who believe the recommendations make sense; that the recommendations are solutions. Commissioner Martin referred to Recommendation A.6 and stated that more expense may be involved which was likely considered; that some recommendations seem to have possible budgetary implications. Mr. James stated that any costs associated with the recommendations will be included in the fiscal year (FY) 2003/04 budget proposal; that the recommendations will be incorporated into the budget as necessary. Commissioner Martin referred to Recommendation C.1 and stated that having internal and external panel members reconvene in BOOK 53 Page 25246 04/07/03 2:30 P.M. BOOK 53 Page 25247 04/07/03 2:30 P.M. approximately six months to discuss implementation progress and suggest additional improvements is pleasing; that continual oversight will serve the City well; that the efforts of everyone involved are appreciated. Commissioner Quillin referred to Recommendation C.3 and stated that establishing the Redevelopment Department was a policy decision made by the Commission and is the reason for the concern regarding immediate implementation by City Staff which will change Commission policyi that the City only has one department with the word "redevelopment" in the title; that the City has customers; that water and sewer and garbage collection are services provided by the Cityi that customers pay for the services; that the City provides customer service to people coming to the City requesting permits; that the philosophy of customer service should not change since the community may become confused. Commissioner Servian asked for clarification regarding Recommendation C.3. City Manager McNees stated that the Commission will have the opportunity to review and raise concerns regarding the Table of Organization at the time the budget is reviewed. Commissioner Quillin stated that significant changes to a policy the Commission has previously established should be brought back before the Commission; that policy changes could have economic impact in the Downtown. Mayor Mason called for a vote on the motion to endorse the recommendations listed in Exhibit A, Recommendations for Review and Endorsement by the City Commission, and direct Staff to proceed with preparing the appropriate and necessary amendments and procedures. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. City Manager McNees stated that the efforts of Mr. James are appreciated; that the effort was an excellent partnership between Staff and the public. 30. NEW BUSINESS: APPROVAL RE: REFERRED BY THE CRA THE ISSUE OF CREATING AN EXEMPTION OF THE CITY ORDINANCE REQUIRING A DEVELOPER TO PAY A $50 PER SPACE FEE WHEN THE DEVELOPER REMOVES PUBLIC PARKING SPACES DURING CONSTRUCTION DIRECTED THE ADMINISTRATION TO BRING BACK A METHOD OF ADDRESSING EXEMPTIONS TO CITY ORDINANCES (AGENDA ITEM XIII-4) CD 10:30 through 10:31 City Manager McNees stated that the understanding of the conflict is the goal to preserve parking in the Downtown has begun to clash with Downtown redevelopment; that the Commission is requesting the Administration to bring back a methodology for addressing the conflict. Commissioner Servian stated the Administration is requested to bring back a method of handling an exemption to a City Ordinance if the Commission chooses; that the desire is not to simply eliminate requirements but for having a method of handling exemptions. City Manager McNees stated that a broad direction of bringing back tools in which to deal with the conflict would be the best solution. Commissioner Servian agreed. City Auditor and Clerk Robinson stated that the reason for the item being placed on the evening Agenda is for the Commission to have the ability to refer the matter to the Administration by consensus. Mayor Mason stated that hearing no objections, consensus has been reached to direct the Administration to bring back a method of addressing exemptions to City Ordinances. 31. NEW BUSINESS: APPROVAL RE: INCREASE THE BUDGET FOR PARK EAST NEIGHBORHOOD IMPROVEMENTS BY TRANSFERRING $101,799.75 IN UNPROGRAMMED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE DESIGN AND DEVELOPMENT OF THE PARK EAST PARK = APPROVED (AGENDA ITEM XIII-5) CD 10:31 through 10:53 City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 9, regarding increasing the budget for Park East neighborhood improvements by transferring $101,799.75 in unprogrammed Community Development Block Grant (CDBG) funds for the design and development of the Park East park was removed for discussion from the afternoon session by Commissioner Quillin. BOOK 53 Page 25248 04/07/03 2:30 P.M. BOOK 53 Page 25249 04/07/03 2:30 P.M. Commissioner Quillin stated that a meeting was previously held with Staff regarding the Habitat for Humanity project at Jordan's Crossing, at which additional assistance from the City was requested for infrastructure costs relating to stormwater mitigation on the property; that unallocated CDBG funds were available at the time the issue was raised with Staff; that the available CDBG funds are being designated for a park in the Park East neighborhood at this time which is a concern; that one of the main goals of the City is to address the need for affordable housing; that the project at Jordan's Crossing wonderful; that stormwater runoff from the Avalon neighborhood which is collecting on the Habitat for Humanity property is a problem and is being addressed; that the recommendation is to use the $101,799.75 in unprogrammed CDBG funds currently recommended for the design and development of a park in the Park East neighborhood for the Habitat for Humanity project at Jordan's Crossing for stormwater mitigation; that affordable housing is one of the City's main goals. Commissioner Servian asked for the status of funding provided to Habitat for Humanity regarding the Jordan's Crossing project? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Administration met with Jordan's Crossing representatives; that the cost for stormwater mitigation is approximately $160,000 to $180,000; that the possibility of funding from the Southwest Florida Water Management District (SWFWMD) was raised; that SWFWMD researched the issue and indicated SWFWMD funding would possibility be available if the Jordan's Crossing project was an experimental type of project; that a two year timeframe would be required if funding were made available; that SWFWMD funding is uncertain at this time and will not coincide with the timing of the project. Calvin Knowles, Program Manager, Office of Housing and Community Development, came before the Commission and stated that situations sometimes arise whereby CDBG funds remain from previous projects; that the source of the funding was some unused administrative funds from a previous years program which is completely unpredictable; that the CDBG funds currently remaining are more than anticipated; that Neighborhood Action Strategies have been diligently funded; that the Park East neighborhood Improvements Project was funded in 2001 and is currently under construction; that one component of the Park East neighborhood Improvements Project was a park within the neighborhood; that the City recently acquired two parcels of property on East Avenue between Seventh and Eighth Streets for use as a park; that the current budget estimate to develop the park is $150,000, of which $50,000 has been allocated from the Local Option Sales Tax, also called the penny sales tax; that additional funds are required to fully fund park construction. Mr. Knowles continued that the City currently has $101,799.75 in unallocated CDBG funds, which is the cumulative result of balances from previous administrative funds of $43,121.98, program income of $52,277.77, and additional CDBG allocations of $6,400; that Staff recommended the funds be transferred to the Park East neighborhood Improvements Project to fully fund development of the park, which would be bid separately from the current construction contract with Jon F. Swift, Inc.; that the funds are in addition to the current CDBG allocation of $377,900 for Park East, all of which has been spent or obligated; that he was aware of the shortfall of funding for the Habitat for Humanity Jordan's Crossing stormwater project. Commissioner Quillin stated that the City receives CDBG funds which are to fund low to moderate income housing; that CDBG funds were used for curb and gutter improvements in 1999; that CDBG funds are currently used to provide funding for affordable housing; that the belief is remaining CDBG funds would obviously be used for low to moderate income housing rather than for a park; that the City should be addressing the stormwater intrusion onto the Habitat for Humanity property; that a request was made for Staff to provide information regarding the use of the remaining CDBG funds; that the indication was the remaining funds were being used for Neighborhood Action Strategies; that the remaining CDBG funds should fund one of the City's main goals, which is affordable housing. Commissioner Martin stated that the points raised by Commissioner Quillin are supported; that debate concerning CDBG funds has previously occurred; that the case can be made to utilize CDBG funds to beautify low income neighborhoods, which is a valid use; that utilizing CDBG funds for beautification purposes has not been personally convincing; that CDBG funds should be utilized to provide housing; that the park in the Park East neighborhood has been a long personal dream and is supported; that the preference is to utilize CDBG funds for projects in need such as Jordan's Crossing. BOOK 53 Page 25250 04/07/03 2:30 P.M. BOOK 53 Page 25251 04/07/03 2:30 P.M. Vice Mayor Palmer stated that an overview regarding funding already invested in the Jordan's Crossing project would be appreciated. Mr. Knowles stated that CDBG funds of $160,000 have been previously provided for the Jordan's Crossing project; that approximately $40,000 was utilized to purchase the Florida Power and Light property for the project; that the remaining $117,000 is designated towards construction; that additional stormwater improvements are presently being constructed; that considerable Staff time was spent in review of the development of the project. Vice Mayor Palmer stated that Neighborhood Action Strategies are part of the CDBG program. Mr. Knowles stated that CDBG funding cannot be used to construct new housing but can be used to provide infrastructure; that stormwater mitigation is an eligible activity for CDBG funding; that new housing construction is not eligible for CDBG funding and would require an amendment to the CDBG which would require approximately 60 days to obtain Commission approval, fulfill advertising requirements, and receive public comments. Jennifer Wilson, 435 Seeds Avenue (34237), representing Park East Community Association, stated that leaving a project unfinished is not desired and is disappointing; that construction of a park is in the Neighborhood Action Strategy for Park East; that the Church of God has an expectation the land will be developed; that the Park East Community Association has worked hard to come to an agreement with the Church of God regarding the park; that the hope is not to let the church down; that an $18,000 grant presently exists for playground equipment which has been extended for one year; that extending the grant another year may not be possible; that development of the park in the Park East neighborhood is within the guidelines set by the Office of Housing and Community Development for expenditure of CDBG funds. Sandy Vaughn, 2135 Fourth Street (34237), Vice President, Park East Community Association, stated that many years have been spent working with the City to develop the Neighborhood Action Strategy for the Park East neighborhood; that some improvement in the Park East neighborhood is being seen; that the Park East community desperately needs the park; that children living in the Park East neighborhood must cross Fruitville Road, US 301, or Tuttle Avenue to go to a park or must play in the streets; that no parks exist in the Park East neighborhood area; that Habitat for Humanity is a wonderful project; that she served on the Planning Board when the Habitat for Humanity Jordan's Crossing project was approved; that the indication was additional City funds would not be necessary if the project was approved; that the dilemma at Jordan's Crossing is understood; however, the Park East neighborhood is in dire need for a safe place for children to playi that the Park East neighborhood desperately needs the park. Mayor Mason stated that several years ago, CDBG funds were used to upgrade a City park; that children in the Park East neighborhood are playing in the streetsi; that the Commission is cautioned if the City is to move forward with Neighborhood Action Strategies and build up the hopes of people living in neighborhoods, the City must be able to fund and implement projects which are promised; that otherwise, the Neighborhood Action Strategy process should be halted; that Habitat for Humanity is; however, the belief was additional funding for the Jordan's Crossing project would not be necessaryi that the decision is difficult; that she has ten grandchildren; that providing funding for the park is supported; that the Commission is urged to drive through the Park East neighborhood and view the situation of children playing in the streets while traffic races through. Commissioner Martin stated that promises to keep parks in the neighborhoods and to carry out and implement the Parks + Connectivity Master Plan are supported and should be the City's direction; that the intent of previous comments was CDBG funds should not be used for parks but should more appropriately be used for infrastructure to create affordable housing; that a motion brought forth will be supported; however, the hope is the Commission by consensus will agree to discuss using CDBG funds to truly meet the needs of affordable housing and to utilize tax dollars to implement the Parks + Connectivity Master Plan. Commissioner Quillin stated that the remaining CDBG funds were unanticipated; that Habitat for Humanity is meeting one of the City's goals which is to provide low to moderate income housing; that not receiving a response from Staff regarding the planned use for remaining CDBG funds is disappointing; that the City funds Neighborhood Action Strategies each year in the budget; that additional funding can be requested for projects over budget which is the reason for having reserves; that CDBG BOOK 53 Page 25252 04/07/03 2:30 P.M. BOOK 53 Page 25253 04/07/03 2:30 P.M. funding is designated to meet the needs of low to moderate income families. On motion of Commissioner Quillin, it was moved to allocate $101,799.75 in unprogrammed Community Development Block Grant funds to the Jordan's Crossing Project for infrastructure needs. Motion died for lack of a second. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to increase the budget for Park East neighborhood Improvements by transferring $101,799.75 in unprogrammed Community Development Block Grant funds for the design and development of a park in the Park East neighborhood. Vice Mayor Palmer stated that an initial question was utilizing the CDBG funds for affordable housing; that the City undoubtedly has a dire need for affordable housing; however, the promise was made to the Park East neighborhood to provide the necessary intrastructure for a park; that providing infrastructure for recreation facilities is important for young children; that the issue regarding affordable housing will be addressed through expanding and extending the Sarasota County Openly Plans for Excellence (SCOPE) program; that the decision has been difficult. Commissioner Servian stated that the decision has been a struggle; that a lack of decent affordable housing exists in the City; that the Habitat for Humanity Jordan's Crossing project is wonderful; that the safety of the children in the Park East neighborhood is a major concern and is the reason for supporting the motion; that the comments made by Commissioner Quillin are also supported; that the City should do a better job of delivering affordable housing to the community. Mayor Mason called for a vote on the motion. Motion carried (4 to 1): Martin, yes; Palmer, yes; Quillin, no; Servian, yes; Mason, yes. 32. NEW BUSINESS: APPROVAL RE: : GRANT REVIEW COMMITTEE' S RECOMMENDATION FOR FUNDING ALLOCATION, AUTHORIZE THE ADMINISTRATION TO DISBURSE $11,180.40 OF FUNDING ALLOCATED FOR THE NEIGHBORHOOD GRANT PROGRAM WITH $4,678.40 AWARDED FOR CRIME -RELATED PROJECTS AND $6,421.00 FOR NON CRIME RELATED PROJECTS AND AUTHORIZE THE ADMINISTRATION TO EXECUTE AN AGREEMENT FOR NEIGHBORHOOD GRANT FUNDING WITH EACH ASSOCIATION AWARDED FUNDING = APPROVED THE GRANT APPLICATIONS FOR ARLINGTON PARK, CHEROKEE PARK, GLEN OAKS ESTATES, ROSEMARY DISTRICT, SAN REMO ESTATES, AND TOWLES COURT, F AND FOR STAFF TO COME BACK WITH ADDITIONAL INFORMATION REGARDING THE GRANT APPLICATIONS SUBMITTED BY THE PROSPECT NEIGHBORHOOD ASSOCIATION AND THE MAIN STREET MERCHANTS ASSOCIATION AFTER CONFERRING WITH THE ADMINISTRATION i AUTHORIZED THE ADMINISTRATION TO EXECUTE AN 1 AGREEMENT FOR NEIGHBORHOOD GRANT FUNDING" WITH EACH ASSOCIATION AWARDED FUNDING; CONSENSUS FOR RECEIVING A LETTER FROM THE PROSPECT NEIGHBORHOOD ASSOCIATION INDICATING THE PROSPECT NEIGHBORHOOD ASSOCIATION IS A FORMAL ORGANIZATION AND IS WILLING TO EXPAND BOUNDARIES OF THE PROSPECT NEIGHBORHOOD ASSOCIATION (AGENDA ITEM XIII-6) CD 10:53 through 11:15 City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 10, was removed for discussion from the afternoon session by Commissioner Servian. Commissioner Servian stated that copies of the Grant Applications requiring approval are not included in the Agenda backup material; that details concerning the requests and matching grant funds are not available for review; that the recommended funding award in the amount of $1,259 for the Prospect Neighborhood Association is a concerni that the residents living in the surrounding area have indicated a concern the Prospect Neighborhood Association is not truly a neighborhood association; that the Prospect Neighborhood Association as currently constituted consists of a single street desiring some improvement, that the Prospect Neighborhood Association is not a registered neighborhood association; that the validity of the Neighborhood Association is not known and is the reason for removing the item for discussion. Michael Raposa, Director, Neighborhood Development, came before the Commission and stated that the Commission previously approved the review process, structure, and scoring mechanism for approving Grant Applications which is the reason for not providing copies of specific Grant Applications in the Agenda backup material; that the hope is the Commission places trust in the Grant Review Committee's recommendations; that copies of the Grant Applications can be provided if the Commission desires. Commissioner Servian stated that the reason for the question is not due to mistrust of the Grant Review Committee's recommendations or the manner in which the Grant Review process is handled; that the Commission's previous approval of the review process and scoring mechanism for Grant Applications is BOOK 53 Page 25254 04/07/03 2:30 P.M. BOOK 53 Page 25255 04/07/03 2:30 P.M. recognized; that the desire is to review the Grant Applications for a variety of reasons; that consistency throughout the City and the rationale for approving certain projects are important; that she is contacted by people in neighborhoods requesting Neighborhood Grant Program funding; that an answer cannot be provided without being aware of projects which have been approved; that the reason for requesting copies of the Grant Applications is strictly for personal knowledge and is not a matter of trust. Mr. Raposa stated that the first phase of the Grant Application process is the review of each individual Grant Application based upon the following basic criteria: - Proposed project is eligible based on the guidelines provided by the Commission. Association is an eligible entity and not a corporation. - Grant Application was timely received. Grant Application is received in a proper format. Mr. Raposa further stated that the issue raised regarding the validity of the Prospect Neighborhood Association has been heard as well; that he spoke with the Prospect Neighborhood Association; that historically, a Prospect Neighborhood Association existed on the City's official database; that an individual representing the Prospect Neighborhood Association was listed with the City; that an attempt was made to contact the individual to determine if the Prospect Neighborhood Association is active or dormant; that a reply was not received; that a conversation was held with the Applicant and the President of the new Prospect Neighborhood Association who indicated the neighborhood never had an association but had a Neighborhood Watch Program approximately 10 years ago which became dormant; that the President of the new Prospect Neighborhood Association indicated the individual previously listed with the City was grateful for being off the City's neighborhood list since unwanted mail and telephone calls were being received; that the President of the new Prospect Neighborhood Association also indicated that residents to the north and south are not opposed to expanding the boundaries and being included in the Prospect Neighborhood Association; that residents were attempting to identify common issues; that the President of the new Prospect Neighborhood Association cited many specific issues the residents along the main thoroughfare between Orange Avenue and US 41 have in common; that the residents have banded together regarding the issues, one of which is speeding; that some residents in cul-de-sacs which branch off between Orange Avenue and US 41 are not opposed to being included in the boundary for the Prospect Neighborhood Association. Commissioner Servian stated that further detail should be provided for the Grant Application submitted by the Prospect Neighborhood Association. Mr. Raposa stated that the Grant Application is for a membership drive designed to increase involvement in the Prospect Neighborhood Association. Commissioner Quillin stated that neighborhoods are utilizing Neighborhood Grant Program funds for neighborhood directories; that numerous area realtors and businesses will compile a neighborhood directory at no charge; that the Main Street Merchant's Association is requesting banners and brackets for light posts; that a program is being established with the Downtown Association of Sarasota for banners and brackets on Downtown light poles. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the identification of suitable structure for the banners and brackets is being researched as many requests for banners and brackets have been received. Commissioner Quillin stated that funding requests for banners and brackets should not be granted until the structure is in place and the program is formalized. Commissioner Quillin continued that funding a request which can be achieved at no cost is a concern; that the City could provide recommendations for certain projects rather than have neighborhoods submit Grant Applications; that neighborhood associations should not be allowed to mail newsletters for one year; that leaders of neighborhood associations should be going door to door and establishing contact with neighbors; that the requests from some neighborhood associations are disappointing; that the City may not be providing sufficient information to the neighborhoods to encourage neighborhoods to become self sufficient. Mayor Mason stated that membership drive incentives are an important aspect of the Neighborhood Grant Program; that simply BOOK 53 Page 25256 04/07/03 2:30 P.M. BOOK 53 Page 25257 04/07/03 2:30 P.M. knocking on neighborhood doors is sometimes not sufficient to increase membership; that some neighborhoods require a picnic in the park or something similar to get people to organize. George Haborak, 1308 Pomelo Avenue (34239), came before the Commission and stated that he was previously involved with traffic abatement in the Prospect neighborhood area; that traffic counts were performed on Prospect and Loma Linda Streets and Pomelo Avenue; that a notice for a meeting regarding the revival of the Prospect Neighborhood Association was received; that meetings were attended in January and February 2003 at which he became aware a Grant Application was submitted by an individual and not by the Prospect Neighborhood Association; that a question is if the possibility exists for an individual to apply for a grant. Mr. Haborak continued that the hope was to form a neighborhood organization which would encompass Prospect Street, Pomelo Avenue, Loma Linda Street, the west side of Osprey Avenue, the east side of Orange Avenue and perhaps the south side of Bahia Vista Street; that he was informed the parties involved in forming the neighborhood association were only interested in including the neighbors living on Prospect Street; that referring to the neighborhood association as the Prospect Neighborhood Association is confusing particularly since another Prospect Street exists on the east side of US 41 off of East and Tuttle Avenues; that working with the rest of the residents in the area to form a proper, fully organized neighborhood association with a Board of Directors, a Secretary, and a Treasurer is supported; that a proper neighborhood association will be required to vote for the manner in which Neighborhood Grant Program funds are spent; that the March 2003 meeting was not attended since he was informed including the residents living on Loma Linda Street was not supported. Commissioner Servian requested Staff's response to the issues raised by Mr. Haborak. Mr. Raposa stated that he was not aware of the issues raised by Mr. Haborak; that Staff has diligently reviewed the different types of Grant Applications received; that Staff has worked with the neighborhood associations to assist in raising levels of awareness of the true need of each association; that some neighborhood associations will not listen to advice provided by Staff, the details of which will not be shared at this time; that a significant number of points are given to neighborhood associations having community consensus regarding the needs of the neighborhood; that Grant Applications received from infant neighborhood associations are only approved if the association has been honest in the Grant Application by indicating the association only has a few members; that the expectation for Grant Applications received by infant organizations would be a request for funding for increasing membership. Commissioner Servian stated that possibly penalizing some of the known established neighborhood associations which submitted Grant Applications is a concern; that moving forward with the Grant Application submitted by the Main Street Merchants Association in the amount of $2,000 is also a concern at this time since a policy regarding banners and brackets is presently being addressed; that approving the Grant Application for the Main Street Merchants Association at this time and later finding out the brackets can be shared and only banners are necessary to purchase would be foolish; that additional information is requested for the Grant Application submitted by the Prospect Neighborhood prior to approval. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to approve the Grant Applications for Arlington Park, Cherokee Park, Glen Oaks Estates, Rosemary District, San Remo Estates, and Towles Court Neighborhood Associations and for Staff to come back with additional information regarding the Grant Applications submitted by the Prospect Neighborhood and the Main Street Merchants Association after conferring with the Administration. Commissioner Martin stated that the Commission truly cares about the City's neighborhoods; that the appearance could be the desire by the Commission to micro-manage the process which is not the intent; that the Grant Application process has come a long wayi that the Grant Application and the process for review of the Grant Applications is vastly improved; that the funding being provided is minimal and is well spent; that the Commission has confidence in Staff and believes strongly in the Neighborhood Grant Program; that a request is to assure the Neighborhood Department is aware of the strong beliefs of the Commissioners. Mayor Mason stated that the motion did not include the Administration's recommendation to authorize the Administration to execute an "Agreement for Neighborhood Grant Funding" with each association awarded funding. BOOK 53 Page 25258 04/07/03 2:30 P.M. BOOK 53 Page 25259 04/07/03 2:30 P.M. Commissioner Servian as the maker of the motion with the approval of Commissioner Quillin as the seconder restated the motion as to approve the Grant Applications for Arlington Park, Cherokee Park, Glen Oaks Estates, Rosemary District, San Remo Estates, and Towles Court Neighborhood Associations, for Staff to come back with additional information regarding the Grant Applications submitted by the Prospect Neighborhood and the Main Street Merchants Associations after conferring with the Administration, and to authorize the Administration to execute an "Agreement for Neighborhood Grant Funding" with each association awarded funding. Mr. Raposa stated that the Commission's request for additional information regarding the Main Street Merchants Association's Grant Application is understood; and asked the additional information desired concerning the Prospect Neighborhood Association's Grant Application? Commissioner Servian stated that the issues raised by Mr. Haborak should be addressed; that Staff should conduct research to determine if a single individual is making the request for Neighborhood Grant Program funds. Mr. Raposa stated that a single individual is not making the request; that the Grant Application was discussed with the Applicant this evening; that Staff has attended the Prospect Neighborhood Association meetings; that the individual has no opposition to increasing boundaries and indicated Prospect Street has distinct and unique issues; and asked if a letter from the Applicant indicating the request for funding was not made by only one individual would be sufficient? Commissioner Quillin stated that a membership list and proposed boundaries of the Prospect Neighborhood Association are requested. Mr. Raposa stated that the purpose of the Prospect Neighborhood Association's Grant Application is to increase membership. Commissioner Quillin stated that a list of people with addresses attending the neighborhood meetings is requested. Mayor Mason asked for consensus concerning direction being provided to Staff. Commissioner Servian stated that a letter indicating the Prospect Neighborhood Association is a formal organization and is willing to expand the boundaries of the association is sufficient. Vice Mayor Palmer stated that the boundaries of the area in general as well as the specifics regarding utilization of the funding to attract additional membership is requested. Commissioner Martin stated that requiring a written response from the Prospect Neighborhood Association is not necessary; that Staff has already posed the questions and is satisfied with the answersi that a reason to hold up the Grant Application for the Prospect Neighborhood Association is not seen. Commissioner Servian stated that a written response is necessary since public input has been received which is contrary to the information provided by Staff; that receiving contrary information is personally disconcerting; that a simple letter indicating the Prospect Neighborhood Association is a formal organization and is willing to expand boundaries is sufficient and will also serve to inform Mr. Haborak, and others, the surrounding neighborhood is being considered to become part of the Prospect Neighborhood Association; that details concerning membership are not necessary. Mayor Mason stated that hearing no objections, a letter indicating the Prospect Neighborhood Association is a formal organization and is willing to expand the boundaries of the Prospect Neighborhood Association is sufficient response to the Commission's questions. Mayor Mason called for a vote on the motion to approve the Grant Applications for Arlington Park, Cherokee Park, Glen Oaks Estates, Rosemary District, San Remo Estates, and Towles Court Neighborhood Associations, for Staff to come back with additional information regarding the Grant Applications submitted by the Prospect Neighborhood and the Main Street Merchants Associations after conferring with the Administration, and to authorize the Administration to execute an "Agreement for Neighborhood Grant Funding" with each association awarded funding. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. Mayor Mason stated that the election is being held tomorrow; therefore, she must leave; and left the Chambers at 11:20 p.m. BOOK 53 Page 25260 04/07/03 2:30 P.M. BOOK 53 Page 25261 04/07/03 2:30 P.M. 33. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XIV) CD 11:20 through 11:21 VICE MAYOR PALMER: A. stated that the Tourist Development Council (TDC) made a recommendation to the Sarasota Board of County Commissioners to change the tourist development tax to allow the funding of a feasibility study for a conference center; that a conference center is a major item in the strategic plan of the TDC. 34. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA REFERRED THE ST. ARMANDS KEY STORMWATER PROJECT TO THE ADMINISTRATION FOR INVOLVEMENT IN DISCUSSIONS AS APPROPRIATE (AGENDA ITEM XV) CD 11:21 through 11:30 COMMISSIONER SERVIAN: A. stated that in reviewing the minutes, notice was taken of several items which follow up action was requested by the Commission; however, follow up action was not received; that one suggestion is for the Administration to provide follow up action concerning such items in a memorandum within the week of a Commission meeting sO the Commission is aware of the status. Commissioner Quillin stated that numerous personal requests have been made in the past with no action taken. Vice Mayor Palmer stated that the Administration prepares a list of actionable items which is distributed to some Commissioners. City Manager McNees stated that all Commissioners are not interested in receiving the list; that the list will be distributed more widely in the future. Commissioner Servian stated that receiving the list would be appreciated. B. stated that a meeting concerning the status of the stormwater project for St. Armands Key was held on April 3, 2003, to bring citizens up to date; that several concerns in which the City's Engineering Staff should become involved were noted; that a question was raised as to if to complete the project in one or two years; that a one year project would result in construction on the streets for 12 full months with a significant impact on traffic during tourist season; that a two year project would result in spreading construction over a period of 24 months with lesser traffic impact but higher cost; that the originally planned location for the two backup generators was away from residences, one on the property of the fire station and one in a parking lot, but is being moved; that the currently planned location for the two backup generators is across from residences; that the request is for the City's Engineering Staff to become involved in the discussions concerning the St. Armands Key stormwater project. Vice Mayor Palmer stated that hearing no objections, the St. Armands Key stormwater project is referred to the Administration for involvement in discussions as appropriate. C. stated that a meeting to receive public input concerning the five year update of the County's Strategic Plan is scheduled for 8:00 a.m. to 12:00 noon, April 16, 2003. D. stated that the public hearing concerning the proposed relocation of the County's Administrative Seat is scheduled for April 9, 2003; that on April 5, 2003, she and Nora Patterson, Sarasota Board of County Commissioners (BCC), made a presentation to the Coalition of City Neighborhoods Association (CCNA) concerning the proposed moved; that she will be attending the 1:30 p.m., April 8, 2003, meeting of the Venice City Council with the hope the Commission will adopt a resolution supporting the position of the City of Sarasota for the BCC not to take further action until the City and County of Sarasota can meet to discuss the proposed relocation. Vice Mayor Palmer stated that a Venice City Council member was requested to raise the issue at the April 8, 2003, meeting of the Venice City Council; that the hope is the Venice City Council will support the position of the Sarasota City Commission; that not much interest was generated on the Venice City Council; that the hope is additional assistance may be forthcoming; that the City of North Port has a resolution supporting the position of the City of BOOK 53 Page 25262 04/07/03 2:30 P.M. BOOK 53 Page 25263 04/07/03 2:30 P.M. Sarasota on the Agenda for the next Regular meeting; that a discussion was held with members of the Delegation from the Town of Longboat Key; that the reception concerning the City's position was not overly enthusiastic. E. stated that the Commission discussed attempting to identify a location for overflow parking at Centennial Park over a year agoi that considerable vacant parking surrounded the perimeter of Centennial Park on April 5, 2003; that every vehicle had received a parking ticket; that some overflow parking had extended to the parking lot of the Van Wezel Performing Arts Hall; that parking at Centennial Park should be addressed; that a metered box could be installed; that a place could be identified for overflow parking. COMMISSIONER QUILLIN: A. stated that Staff briefed the Commissioners individually concerning maximum density parking; that the present is a perfect time to partner with area businesses for Park 'N Ride facilities and off-site mitigation to alleviate the heavy impact of parking requirements in the Downtown area; that major construction will be occurring in the Downtown area in the near future; that considering other innovative programs would be valuable; that methods to tie in the trolley system to the Park 'N Ride facilities should also be discussed; that a Park 'N Ride facility could be established at a shopping center, for example; that parking will be lost during the upcoming construction; that additional parking will be required during tourist season; that the hope is to institute some of the transportation philosophy included in the long range planning of the Sarasota/Manatee Metropolitan Planning Organization; that incentives could be provided to City employees; that the City should be a leader in the community to begin off-site mitigation with Park 'N Ride facilities, carpooling, etc.; that attempting off- site parking mitigation during a period of heavy construction would be beneficial. B. stated that during the City Commission campaign, a significant amount of misinformation concerning the Local Option Sales (L.0.S.T.), also called the penny sales tax, has been disseminated; that personal efforts have been directed at addressing the misinformation; that the City should have issued a press release addressing the erroneous information being disseminated to the public; that the City has a responsibility to distribute accurate information to the press. COMMISSIONER MARTIN: A. stated that a gathering to express appreciation to members of City advisory boards has been discussed in the past; and asked the status of scheduling the gathering? City Auditor and Clerk Robinson stated that an effort is being made to schedule a convenient time. Commissioner Martin stated that the desire is to hold an appreciation gathering as soon as possible. VICE MAYOR PALMER: A. stated that she and Commissioner Martin met with members of the local Legislative Delegation in Tallahassee, Florida the week of March 31, 2003; that the Legislators are becoming attuned to the City's issues; that the City of Sarasota and the Manasota League of Cities were represented. 35. OTHER ATIES/AIKNISTAIVE OFFICERS (AGENDA ITEM XVI) CD 11:30 through 11:35 CITY MANAGER MCNEES: A. stated that significant work is being conducted concerning overflow parking at Centennial Park; that the activities to date are not at a stage for presentation to the Commission; however, Staff is aware of the Commission's previous direction to develop alternatives. B. stated that the County has indicated a better option than relocation of the County's Administrative Seat may be considered if presented by the Cityi that considerable effort has been directed to developing alternatives; that the Commission is requested to allow some discretion by the Administration in developing proposals; that the Administration cannot make promises to the County; however, options may be presented to the BOOK 53 Page 25264 04/07/03 2:30 P.M. BOOK 53 Page 25265 04/07/03 2:30 P.M. County which have not been fully discussed by the City Commission. Commissioner Martin stated that everyone involved should do everything possible; that the Administration is empowered to explore all options. Vice Mayor Palmer stated that some ideas may be presented in the near future; that the Administration must take any action required to represent the City regarding all possibilities; that hearing no objections, the Administration is empowered to explore any and all options with the County. City Manager McNees stated that the limitations of the authority of the Charter Officials are understood; that the proposal is not to exceed the understood limitations. CITY AUDITOR AND CLERK ROBINSON: A. stated that the following meetings are scheduled: 12:00 noon, April 9, 2003 Certifying the election results 8:00 a.m., April 11, 2003 Swearing in of Commissioners for Districts 1, 2, and 3 and selection of Mayor and Vice Mayor CITY ATTORNEY TAYLOR: A. stated that as required by the State Statutes, an out- of-sunshine, attorney-client meeting is requested and has been scheduled for 4:00 p.m., April 18, 2003, following a Commission workshop; that the subject concerns the mediation regarding the litigation involving the Van Wezel Performing Arts Hall. 36. ADJOURN (AGENDA ITEM XVII) CD 11:35 There being no further business, Mayor Mason adjourned the Regular meeting of the City Commission of April 7, 2003, at 11:35 p.m. Cansl lase CAROLYN J. MASON, MAYOR Re A 0 ROBINSON, CITY AUDITOR AND CLERK BOOK 53 Page 25266 04/07/03 2:30 P.M.