MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 5, 2002, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, City Manager Michael A. McNees, Deputy City Auditor and Clerk Karen D. McGowan, and City Attorney Richard J. Taylor ABSENT: : City Auditor and Clerk Billy E. Robinson PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:00 p.m. Deputy City Auditor and Clerk McGowan gave the Invocation followed by the Pledge of Allegiance. 1. ADOPTION RE: MEMORIAL RESOLUTION NO. 02R-1525, RECOGNIZING THE PASSING OF JAMES SPREITZER, A CITIZEN OF THE COMMUNITY AND FORMER MEMBER OF THE CITIZENS WITH DISABILITY BOARD = ADOPTED CD 6:02 through 6:07 Mayor Mason requested that Commissioner Quillin join her before the Commission table to accept the presentation on behalf of the family and stated that Memorial Resolution No. 02R-1525 recognizes the July 18, 2002, passing of James Spreitzer, a citizen of Sarasota and former member of the Citizens with Disabilities Advisory Committee and read Memorial Resolution No. 02R-1525 in its entirety. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to adopt Memorial Resolution No. 02R-1525. Mayor Mason requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yesi Mason, yesi Palmer, yes; Quillin, yes; Servian, yes. Commissioner Quillin accepted the memorial resolution on behalf of the family and stated that James Spreitzer, an acquaintance since the early 1990s, was a gentlemen and active in the community; that at the time, the Rosemary District was full of prostitutes, drug dealers, and was a very dangerous place to live; that together BOOK 52 Page 23584 08/05/02 6:00 P.M. BOOK 52 Page 23585 08/05/02 6:00 P.M. with another citizen, Mr. Spreitzer was out in the neighborhoods working with neighbors, getting everyone involved and organized into neighborhood watches, and helping interest people in a neighborhood which had been solely neglected; that until the day of his death, Mr. Spreitzer was still involved with the neighborhoods, despite having had cancer of the larynx, having to use an electronic voice box, and being legally blind; that Mr. Spreitzer walked every day in the neighborhood, consistently indicated to City Staff items requiring repair, always had a smile on his face, and was always trying to make the community a wonderful place in which everyone could live. Commissioner Quillin continued that James Spreitzer leaves a legacy by which all can live; that the family was surprised after Mr. Spreitzer's passing to realize the extent of his involvement with the community; that Mr. Spreitzer never bragged about all the good deeds accomplished; that the family was very touched to know the City was going to do a memorial resolution and wanted to extend appreciation to the citizens of the City for being Mr. Spreitzer's family in Florida and caring sO much about him. 2. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR JULY 2002, GEORGE A. "ANDY" LITCHFIELD, / UTILITIES MECHANIC I, PUBLIC WORKS/UTILITIES DIVISION CD 6:08 through 6:12 Michael A. McNees, City Manager requested that William Hallisey, Director of Public Works, and George "Andy" Litchfield, Utilities Mechanic I, Public Works and Employee of the Month for July 2002, join him and the Commission at the Commission table for the presentation. Mr. Hallisey stated that Mr. Litchfield has worked in the City's Public Works Department for more than six years; that Mr. Litchfield was originally hired as an electrician at the City's Wastewater Treatment Plant in the Lift Station operations and later transferred to Water Utilities operations as a Utilities Mechanic I; that Mr. Litchfield has performed an outstanding job in both positions; that Mr. Litchfield is trained to test and repair fire hydrants; that his initiative and coordination skills have greatly assisted in the fire hydrant program's goal of "a safe place for people" by assuring all fire hydrants within the City limits are operational in case of any unforeseen emergency. Mr. Hallisey continued that Mr. Litchfield is a wonderful team player, dependable, and courteous to the public and fellow employees; that Mr. Litchfield obtains fire hydrant information provided to public contractors and supplies the information to the Sarasota County Fire Department annually in addition to his operational duties; that Mr. Litchfield also instructs new employees on all regulations réquired to obtain a Commercial Driver's license which enables employees to operate heavy equipment to assist with utility projects; that Mr. Litchfield is a dedicated employee who serves the City with excellence and pride; that Mr. Litchfield produces a high quality of work and the Public Works Department is fortunate to have him as an employee. City Manager McNees stated that Mr. Litchfield performs the kind of work which people do not see, working quietly in the background, and is the person to have around if things become difficult; that Mr. Litchfield does an excellent job and keeps up with the details of the hydrant maintenance; that appreciation is extended to Mr. Litchfield for a job well done. Mayor Mason read the Employee of the Month plaque in its entirety, presented to Mr. Litchfield with a City-logo watch, a plaque, and a certificate as the July 2002 Employee of the Month in appreciation of his unique pertormance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Litchfield recognized his wife, Sharon, present in the audience; and stated that being selected as Employee of the Month is an honor. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED CD 6:13 through 6:14 Deputy City Auditor and Clerk McGowan presented the following Change to the Orders of the Day: A. Remove under Consent Agenda No. 1, Item No. III A-9, Approval Re: Revision of the City of Sarasota's Sidewalk Program and Traffic Calming Program per the request of City Engineer Daughters. Vice Mayor Palmer presented the following Change to the Orders of the Day: B. Move New Business, Item No. VIII-1, Approval: Re: Authorize the Mayor and City Auditor and Clerk to execute the Proposed Fifth Amendment to the Lease BOOK 52 Page 23586 08/05/02 6:00 P.M. BOOK 52 Page 23587 08/05/02 6:00 P.M. Agreement between the City of Sarasota and Mote Marine Laboratory, Inc. (Mote Marine), to immediate follow the public hearings of Agenda Items IV B-1(a), (b), and (c) sO all Agenda items concerning Mote Marine will be considered at the same time. Mayor Mason asked if the Commission had any objections to the Changes to the Orders of the Day? Mayor Mason stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. 4. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 15, 2002, THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JULY 18, 2002, AT 1:30 P.M. AND THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JULY 18, 2002, IMMEDIATELY FOLLOWING THE 1:30 P.M. WORKSHOP APPROVED (AGENDA ITEM I-1, -2, AND -3) CD 6:14 through 6:15 Mayor Mason asked if the Commission had any changes to the minutes? Mayor Mason stated that hearing no changes, the minutes of the Regular Commission meeting of July 15, 2002, the Special Commission meeting of July 18, 2002, at 1:30 p.m. and the Special Commission meeting of July 18, 2002, immediately following the 1:30 p.m. Workshop are approved by unanimous consent. 5. APPROVED REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF JULY 3, 2002 AND SPECIAL MEETING OF JULY 10, 2002 = REFERRED PROPOSED ORDINANCE NO. 02-4379 TO THE PLANNING BOARD/LOCAL PLANNING AGENCY (PBLP) WITH THE INTENT FOR THE PBLP TO REVIEW THE PROPOSED ORDINANCE AS PRESENTED AND CONSIDER OTHER INPUT SUCH AS THE PROPOSALS SUBMITTED BY COALITION OF CITY NEIGHBORHOOD ASSOCIATIONS AND OTHER GROUPS AND FOR THE PBLP TO BRING BACK A RECOMMENDATION, ; RECEIVED REPORT (AGENDA ITEM II-1) CD 6:15 through 6:38 Dr. Robert Kantor, Vice Chair, Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of Planning, came before the Commission. Dr. Kantor presented the following items from the July 3 and 10, 2002, PBLP meetings: A. Nightclub Regulations Dr. Kantor stated that at the July 3, 2002, meeting, the PBLP voted 4 to 0 to request the Commission consider establishing a short-term committee to evaluate size and hours of operation of nightclubs in the City. Ms. Robinson stated that the Administration's recommendation is the issue of nightclubs is currently being considered at the administrative level. Commissioner Quillin asked if the PBLP was advised of the Administration's recommendation? Ms. Robinson stated that a response is unknown as the PBLP meeting was not attended; that the PBLP was probably aware the Sarasota Police Department was working on the issue. Commissioner Quillin stated that the PBLP should have had an answer from Staff prior to submitting a recommendation to the Commission; that in the past, the PBLP has received a report from Staff and subsequently made a recommendation to the Commission. Ms. Robinson stated that is correct. B. Zoning Text Amendment Application No. 02-ZTA-04 Parking Commercial Vehicles in Residential Zone Districts Dr. Kantor stated that a recommendation concerning the matter of parking of commercial vehicles in residential neighborhoods was received from Staff at the July 10, 2002, meeting, the PBLP held a public hearing to consider Zoning Text Amendment Application No. 02-ZTA-04 as incorporated in proposed Ordinance No. 02-4379 amending the Zoning Code (2002 Ed.) regarding the overnight parking or storage of commercial vehicles and commercial trailers at single-family dwellings in residential zone districts; that the PBLP voted 5 to 0 to find proposed Ordinance No. 02-4379 inconsistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and recommend denial to the Commission. Ms. Robinson stated that the Administration's recommendation is the PBLP should review the proposal of the Coalition of City Neighborhood Associations (CCNA), which is a compromise from the CCNA's earlier proposal; that Staff could prepare an ordinance incorporating the CCNA's proposal; that the PBLP could hold a public hearing; and referred to the Agenda Request form in the BOOK 52 Page 23588 08/05/02 6:00 P.M. BOOK 52 Page 23589 08/05/02 6:00 P.M. Agenda backup material indicating the available options as follows: 1. Set proposed Ordinance No. 02-4379 codifying Zoning Text Amendment No. 02-ZTA-04 as considered by the PBLP for public hearing; or 2. Direct Staff to prepare an ordinance incorporating the proposal of the Coalition of City Neighborhood Associations (CCNA) and direct the PBLP to hold a public hearing; or 3. Direct the preparation of an ordinance prohibiting all commercial vehicles and commercial trailers from parking at single-family dwellings in all residential zone districts; or 4. Regulate through the Overlay Zones. Commissioner Quillin stated that the PBLP's failure to make an alternative recommendation is disappointing; that the matter of parking commercial vehicles in residential neighborhoods was the subject of a Commission Workshop and was sent to the PBLP by the Commission; that a vote to deny proposed Ordinance No. 02-4379 is understood; however, the PBLP should have presented an alternate recommendation to the Commission; that the parking of commercial vehicles in residential neighborhoods has been an issue for many years; that relief is required in some of the neighborhoods. Dr. Kantor stated that the parking commercial vehicles in residential neighborhoods has been considered by the City for eight years; that an attempt was made by the PBLP to reach a compromise; that the problem is the City does not have a definition of commercial vehicles; that Staff made a proposal; that representatives of the commercial interests also provided an explanation of the problems; that a compromise was not possible; that the PBLP was left at an impasse; that the PBLP should have developed a recommendation; that no recommendation is worse than not hearing anything at all; that an apology is offered to the Commission on behalf of the PBLP. Commissioner Quillin stated that PBLP's failure to make an alternative recommendation was disrespectful of the Commission; that representatives of the commercial interests appeared before the PBLP; however, representatives of the commercial interests served on the Commercial Vehicles Ad Hoc Committee (Committee) which was appointed by the Commission; that the Committee members were individuals most affected and included representatives of the neighborhoods as well as the commercial interests; that the PBLP's recommendation could have been to hold a joint meeting with the Commission and the Committee; that some interested persons continue to try to advance other proposals; that relief is required for the neighborhoods; that in her district, neighborhood residents who are attempting to earn a living are criminals, which is the concern; that a joint meeting with the PBLP and the Committee is suggested. Vice Mayor Palmer stated that a holding a meeting with the PBLP and the Committee is a concern as the parking of commercial vehicles in residential neighborhoods has been the subject of numerous meetings; that the matter should be referred back to the PBLP; that several PBLP members are newly appointed and may not be aware of the Commission's expectations; that the matter of parking commercial vehicles in residential neighborhoods was presented to the PBLP several years ago during her service on the PBLP; that the proposals received by the PBLP were not pleasing; however, recommendations were presented to the Commission; that the recommendations were not accepted by the Commission; that the matter should be sent back to the PBLP to develop recommendations concerning proposed Ordinance No. 02-4379 or the other options presented and make a report back to the Commission; that the Commission suggested the regulations incorporated in proposed Ordinance No. 02-4379 and requested the PBLP review the regulations, make changes as desired, and provide a recommendation to the Commission; that the PBLP may not have been aware of the Commission's desires; that the PBLP's role is to review proposed Ordinance No. 02-4379 and provide recommendations concerning the parking of commercial vehicles in residential neighborhoods to the Commission. Commissioner Quillin stated that the PBLP has several new members; that some issues presented at the July 10, 2002, PBLP meeting could have been addressed; that Staff was attempting to address the issues; that training for PBLP members should be provided; that the PBLP's motion indicated proposed Ordinance No. 02-4379 is inconsistent with the City's Comprehensive Plan but did not indicate the specific inconsistencies, which is an improper motion; that the desire is to work through the issues with the PBLP sO a good product can be developed; that the parking of commercial vehicles in residential neighborhoods has been discussed by the Commission for eight years; that a definition for commercial vehicles has now been developed. BOOK 52 Page 23590 08/05/02 6:00 P.M. BOOK 52 Page 23591 08/05/02 6:00 P.M. Mayor Mason asked if a motion is required. Deputy City Auditor and Clerk McGowan stated that a motion would be preferable. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to refer proposed Ordinance No. 02-4379 to the Planning Board/Local Planning Agency (PBLP) for consideration in conjunction with the proposal of the Coalition of City Neighborhood Associations and other proposals received and for the PBLP to make a recommendation back to the Commission. Commissioner Servian stated that the matter of parking commercial vehicles in residential neighborhoods has been discussed many times, has been the topic of numerous workshops, and has been considered by several task forces; that several people which own commercial vehicles have probably traded them in and purchased two new vehicles in the interim; that the time to move forward is now as enough time has been wasted; that a concern is statements brought forth by both sides of the issue; that a compromise should be possible in some areas of the regulations; that the appearance is an ordinance should be developed affecting the entire City; however, only 10 to 15 percent of the citizens may be affected; that a desire is to assure the remaining 85 percent of the citizens are not adversely affected; that the PBLP is requested to consider the impact on all the citizens. Commissioner Quillin stated that the tendency is to develop ordinances which apply uniformly to all areas of the City; that the Commission must assure the protection of the interests of the minority; that an ordinance with the PBLP's recommendation should be prepared for presentation to the Commission; that many constituents in her district are criminals by parking commercial vehicles at their residences but are good people just trying to make a living, pay taxes, and be good citizens like everyone else; that many people must have a commercial vehicle parked at the home due to the individual's business or employment; that the matter was considered in a Commission workshop; that the hope was a recommendation would be forthcoming; that a recommendation for neighborhoods to seek approval for an overlay district to allow commercial vehicles is not desired; that the majority of neighborhood residents may not agree with the minority; that the Commission must protect all citizens who live in the City and must also protect the neighborhoods; that an ordinance or a recommendation from the PBLP should be returned to the Commission as soon as possible. Commissioner Martin stated that Staff's recommendation to incorporate CCNA's proposal into an ordinance was disappointing and is not understood; that considerable Staff research concerning the weight of vehicles for example was conducted; that the limitations on vehicle weight was a particular concerni that the CCNA proposal is problematic; that the Commission considered a number of issues related to commercial vehicles and made specific recommendations, which should not be ignored with a default to the CCNA proposal; that for example, the CCNA proposal allows an unlimited number of commercial vehicles; that the Commission was strong in allowing one visible and one other vehicle only. Dr. Kantor stated that PBLP contended with multiple variables, including the size of vehicles on which a compromise could be reached, accessories on the vehicles which seemed a difficult problem, and hanging tarps which hide ladders; that signage on commercial vehicles was a problem and appeared to bother neighborhood residents the most; that the PBLP will take the Commission's recommendations and develop a proposal; that a greater effort should have been made to develop a recommendation. Vice Mayor Palmer stated that the PBLP's recommendation should not exceed the regulations proposed by the Commission; that representatives of the commercial interests may have lobbied the PBLP and are interested in liberalizing the regulations, which is not favored; that the PBLP should favorably consider proposed Ordinance No. 02-4379 with alterations or similar regulations but should not liberalize the regulations further. Commission Quillin stated that representatives of the other side of the matter may also have lobbied the PBLP to make the regulations more restrictive; that regulations protecting the working class in the community, which is a minority, should be developed; that the working class must be protected and must be able to live in the City and provide services in manner which is not detrimental to the neighborhoods. City Manager McNees stated that the motion is to send all the information back to the PBLP for review; that the concern is to assure the integrity of the process and a successful outcome; BOOK 52 Page 23592 08/05/02 6:00 P.M. BOOK 52 Page 23593 08/05/02 6:00 P.M. that proposed Ordinance No. 02-4379 was developed as a result of a Commission workshop and an extensive public process; that the Commission reviewed considerable detail, including photographs and research conducted by Staff; that the Commission may wish to refer proposed Ordinance No. 02-4379 back to the PBLP; that the PBLP has all the other input provided; that Staff will provide the PBLP with actionable information; that Staff may have done a better job as a large amount of information was presented; that the Commission could remand proposed Ordinance No. 02-4379 to the PBLP for reconsideration; that the PBLP can suggest changes if desired. Vice Mayor Palmer stated that the intent of the motion is to remand proposed Ordinance No. 02-4379 to the PBLP; however, the PBLP should also be able to consider the CCNA proposal if desired; that the motion is to send proposed Ordinance No. 02-4379 back to the PBLP for reconsideration and for the PBLP to consider other recommendations made; that additionally, the PBLP should not liberalize the proposed regulations further. Mayor Mason asked for clarification of the motion. Vice Mayor Palmer stated that the motion is to send proposed Ordinance No. 02-4379 back to the PBLP with consideration of the CCNA proposal as a possibility for options and with a definitive recommendation concerning commercial vehicle regulation from the PBLP back to the Commission. Commissioner Quillin stated that the recommendations of all groups should be considered if the recommendation of one group is considered, which is the democratic process; that anything other than proposed Ordinance No. 02-4379 brought back to the PBLP should have Staff's recommendation concerning enforcement; that any proposals presented the PBLP should include Staff's recommendations concerning entorcement and desirability; that only proposed Ordinance No. 02-4379 should be referred to the PBLP; that any other proposals should be submitted through Staff for a recommendation; and asked if the motion could be revised to include Staff's review of any other proposals prior to presentation to the PBLP. Vice Mayor Palmer stated that any other proposal referred by the Commission would go through Staff. Commissioner Quillin stated that Staff should have an opportunity to review any proposal prior to presentation to the PBLP and the PBLP's public hearing. Vice Mayor Palmer stated that the normal process is for Staff to review proposals. Commissioner Quillin stated that many documents were submitted at the July 10, 2002, PBLP public hearing and should not have been considered. Mayor Mason requested that Deputy City Auditor and Clerk McGowan restate the motion. Deputy City Auditor and Clerk McGowan restated the motion as to refer proposed Ordinance No. 02-4379 to the Planning Board/Local Planning Agency (PBLP) with the intent for the PBLP to review the proposed ordinance as presented and consider other input such as the proposals submitted by CCNA and other groups and for the PBLP to bring back a recommendation. 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. C. Ken Thompson Park and City Island Master Plan Dr. Kantor stated that at its July 10, 2002, meeting, the PBLP voted 4 to 0 to recommend the Commission consider initiating a formal master planning effort for Ken Thompson Park and City Island. Vice Mayor Palmer stated that the Commission previously directed the Administration to initiate a formal master plan effort for Ken Thompson Park and City Island; that the development of a master plan for Ken Thompson Park and City Island is currently under review. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to receive the board reports of the July 3 and 10, 2002, Planning Board/Local Planning Agency meetings. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Quillin, yes; Servian, yesi Mason, yes. 6. REPORT RE: PUBLIC ART COMMITTEE 'S REGULAR REPORT OF JULY 10, 2002 RECEIVED REPORT; APPROVED THE LOAN OF POSITIVELY RED FOR A PERIOD OF ONE YEAR AND DIRECTED THE BOOK 52 Page 23594 08/05/02 6:00 P.M. BOOK 52 Page 23595 08/05/02 6:00 P.M. ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO EXECUTE THE AGREEMENT WITH THE ARTIST AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZED THE CITY MANAGER AND THE CITY AUDITOR AND CLERK TO EXECUTE THE CONTRACT (AGENDA ITEM II-2) CD 6:38 through 6:44 Bonnie Lancaster, Chair of the Public Art Committee, and John Burg, Chief Planner, Planning Department, came before the Commission. Ms. Lancaster presented the following item from the July 10, 2002, meeting of the Public Art Committee: Loan of Positively Red by artist Jorge Blanco Ms. Lancaster stated that artist Jorge Blanco has proposed loaning the sculpture Positively Red to the City with placement on a site at the Van Wezel Performing Arts Hall (VWPAH); that the Public Art Committee voted 3 to 2 to accept the loan of the sculpture for a period of one year. Ms. Lancaster displayed on the Chamber monitors a photograph of the sculpture Positively Red and stated that the sculpture is approximately ten feet in height, six feet at the widest point, and 29 inches deep; and displayed photographs of the recommended site from different perspectives at the VWPAH. Commissioner Martin stated that recently an art piece entitled Photon II by Dennis Kowal was located on the VWPAH property not far from the recommended site for Positively Red; that Photon II is a very powerful piece of art as is the sculpture by Jorge Blanco; that ideally, the art pieces would not be sO close together; and asked if another site is available on which the sculpture could be placed to avoid the problem of being sO competitive with the other sculpture and asked if other sites were considered at the VWPAH for display of the sculpture? Mr. Burg stated that Staff of the Planning Department and the VWPAH as well as the artist considered a variety of sites throughout VWPAH and decided the recommended site was the best; that the site is approximately 85 to 90 feet from Photon II and was picked by the artist; that the recommendation concerning the site was brought before the Public Art Committee which reviewed the same photographs being viewed by the Commission and approved the site; that several other potential sites were reviewed; however, one site was close to Gulfcoast Wonder & Imagination Zone (G.WIZ) and the complex geometry of the G.WIZ building would detract from the artwork; therefore, causing confusion with the sculpture at the site. Commissioner Servian stated that Commissioner Martin's concern is shared; and asked if any other possible sites which are farther away from Photon II are available to eliminate any distraction between the two art pieces? Mr. Burg stated that in one direction the palm trees and a light post cause a distraction; that in another direction the sculpture would be behind a sculpture by Glenna Goodacre entitled The Olympic Wannabes which would be problematic; that the recommended site is the most logical site for the artwork and is recommended by the artist and the Public Art Committee. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to receive the board report of the July 10, 2002, meeting of the Public Art Committee and to approve the loan of Positively Red for a period of one year. City Attorney Taylor stated that the motion should include the authority to execute a contract with the artist. Commissioner Quillin stated that the City Manager's rather than the Mayor's signature is on the loan agreement and asked if the loan agreement is correct? City Attorney Taylor stated that the City Manager can sign on a transaction such as the loan agreement for the art sculpture; that the loan agreement is correct; that the City Manager should be authorized to sign the contract. Vice Mayor Palmer, as the maker of the motion, with the approval of Commissioner Servian, revised the motion as to receive the board report of the July 10, 2002, meeting of the Public Art Committee and to approve the loan of Positively Red for a period of one year and direct the Administration and the City Attorney's Office to execute the agreement with the artist as recommended by the Public Art Committee and to authorize the City Manager and the City Auditor and Clerk to execute the contract. BOOK 52 Page 23596 08/05/02 6:00 P.M. BOOK 52 Page 23597 08/05/02 6:00 P.M. 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. 7. REPORT RE: : NUISANCE ABATEMENT BOARD QUARTERLY STATUS REPORT FOR THE PERIOD ENDING JUNE 30, 2002 - RECEIVED REPORT (AGENDA ITEM II-3) CD 6:44 through 6:48 Ronald Spangler, Chair of the Nuisance Abatement Board (NAB), and James Siegfreid, Attorney, City Attorney's Office, came before the Commission. Mr. Spangler stated that during the quarter ending June 30, 2002, 10 status update reports were received, including 8 for narcotic sales, 2 for prostitution; that 4 new cases dealing with narcotic sales have been filed since the last report ending March 31, 2002; that the NAB held a workshop on July 25, 2002, and discussed the effect of recent court decisions on the NAB and the options available; that also at the workshop the rules and procedures for the NAB were reviewed; that on behalf of the NAB, the efforts of Mayor Mason to take time to talk to the NAB at the workshop are appreciated. Mr. Spangler continued that the current meeting will be his last report as Chair of the NAB; therefore, a few comments about the Staff which supports the NAB will be shared with the Commission; that in the last year, Mr. Siegfreid has done an excellent job of prosecuting the cases and should be commended; that Richard Lewis, Police Officer First Class, has done an excellent job of providing the intormation required by the NAB; that Janette Koslosky, Administrative Assistant and Recording Secretary of NAB, has done a fantastic job for the NAB; that providing support for the NAB is not an easy job; that the Commission's continued support of the NAB is also supported. Vice Mayor Palmer asked the status of the court case concerning the Maple Manor apartment complex? Attorney Siegfreid stated that the issue of the fine was raised by the 2nd District Court of Appeals; that the Court held the NAB could not immediately place a fine on a respondent without first providing the opportunity to abate the nuisance. Vice Mayor Palmer asked if the NAB is changing the rules accordingly? Attorney Siegfreid stated yes; that the NAB will become more creative regarding fines in the next year; that time will be provided to correct or abate the nuisance prior to the imposition of fines; that the primary interest of the NAB is having the nuisance abated. On motion of Commissioner Martin second of Commissioner Servian, it was moved to receive the Quarterly Status Report of the Nuisance Abatement Board. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. Commissioner Quillin stated that a briefing from the NAB as to assistance which could be provided by the Commission would be appreciated; that the Commission could pass additional legislation or lobby for changes at the State level if desired; that the Commission wishes to support the NAB. 8. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2,3, 4, 5, 6, 7,8, 10, 11, 12, 13, AND 14 - APPROVED (AGENDA ITEM III-B) CD 6:48 through 6:50 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Quitclaim Deed granted by the City of Sarasota to Regent Sarasota, L.P., a Georgia limited partnership, to relinquish the City's interest in a 1964 water utility easement and sewer utility within the Villagio Apartments property. 2. Approval Re: Settlement of subrogation claim of First American Property & Casualty Insurance Company- 3. Approval Re: Settlement with Rita and Gerald Walton for personal injury claim. 4. Approval Re: Authorize the Mayor to execute the Settlement Agreement in Manasota Post Polio Support Group, et al. VS. City of Sarasota Case No. 8:00 CV-1436-T-30A, United States District Court, Middle District of Florida, Tampa Division. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Extension to Agreement for Architectural Services between the City of Sarasota and The ADP Group, Inc., (RFP #01-6M) to provide BOOK 52 Page 23598 08/05/02 6:00 P.M. BOOK 52 Page 23599 08/05/02 6:00 P.M. continuing consulting architectural services for an additional one-year period. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Agreement for Construction Manager and General Contractor Services between the City of Sarasota and Kraft Construction Company, Inc., for the Federal Building Renovation Project. 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Extension of the Agreement for Engineering Services between the City of Sarasota and Ardaman & Associates, Inc., (RFP #01-22H) for soils and material testing services on an "as needed" basis. 8. Report Re: Sarasota Transportation Management Organization's (TMO) quarterly status report. 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the termination of the Municipal Services and Pre-Annexation Agreement for Christopher G. Berliner for property located at 3909 Camino Real. 11. Approval Re: Amendment 9 to the State Housing Initiative Partnership Program (SHIP) Local Housing Assistance Plan (LHAP) to increase the maximum dollar award for the special needs housing program to $80,000 per unit. 12. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Post, Buckley, Schuh & Jernigan, Inc., (RFP#02-47M) for the Water & Sewer Engineer of Record Continuing Consulting Engineering Services. 13. Approval Re: City Grant Funding: Monthly activities report from The Downtown Association of Sarasota. 14. Approval Re: City Grant Funding: Monthly activities report from Sarasota Court Watch, Inc. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, and 14. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. 9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1521) - ADOPTED; ITEM 2 (ORDINANCE NO. 02-4388) = ADOPTED; ITEM 3 (ORDINANCE NO. 02-4392) - ADOPTED; ; ITEM 4 (ORDINANCE NO. 02-4393) - ADOPTED; ITEM 5 (ORDINANCE NO. 02-4394) ADOPTED ; AND ITEM 6 (ORDINANCE NO. 02-4394) ADOPTED (AGENDA ITEM III-B) CD 6:50 through 7:00 1. Adoption Re: Resolution No. 02R-1521, certifying that the baseline and benchmarks as well as implementation strategies of the strategic plan included within the Sarasota County/City of Sarasota Enterprise Zone application are consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and Zoning Code (2002 Ed.); etc. (Title Only) 2. Adoption Re: Ordinance No. 02-4388, amending Chapter 37 of the Sarasota City Code (1986 as amended) (City Code), Water and Sewers, adjusting water and sewer rates for the purpose of expanding, repairing, operating and maintaining the water and sewer system of the City of Sarasota by establishing new rates for water consumed; etc. (Title Only). 3. Adoption Re: Ordinance No. 02-4392, amending the Future Land Use Chapter of the City's Comprehensive Plan to change the future land use classification of a .55 acre parcel of property located on the south side of Fruitville Road between Lockwood Ridge Road and Beneva Road and having a street address of 3260 Fruitville Road from the Multiple Family Moderate Density to the Community Office/Institutional Future Land Use Classification; etc. (Title Only) (Application No. 01- PA-08, Applicant Bruce E. Franklin, Land Resource Strategies, Inc., as agent representing S&P Properties, Inc., as contract vendee) 4. Adoption Re: Ordinance No. 02-4393, amending the City's Comprehensive Plan to incorporate four text revisions as requested by City initiated Comprehensive Plan Amendment Application No. 01-PA-04 and as more fully set out herein; said text revisions being the addition of a new Action Strategy to the Future Land Use Chapter regarding ownership of vacated right of way; the addition of new text to provide that the adjacent upland future land use classification shall apply to lands which are filled in accordance with a lawfully issued permit; the revision of Action Strategy 3.5 of the Neighborhood Chapter BOOK 52 Page 23600 08/05/02 6:00 P.M. BOOK 52 Page 23601 08/05/02 6:00 P.M. regarding the adoption of neighborhood plans; and the revision of Action Strategy 1.13 of the Utilities Chapter regarding the extension of potable water and/or sanitary sewer service to private users outside the City limits; etc. (Title Only) (Application No. 01-PA-04, Applicant City of Sarasota) 5. Adoption Re: Ordinance No. 02-4394, amending the Future Land Use Chapter of the City's Comprehensive Plan to allow additional uses on properties classified on the Future Land Use map as in the Area No. 1 Sarasota Bradenton Airport Future Land Use Classification in accordance with Comprehensive Plan Amendment Application no. 02-PA-01 as more fully specified herein; repealing ordinances in conflict; etc. (Title Only) (Application No. 02-PA-01, Frank Folsom Smith., as agent representing S&P Innovation Green, L.L.C.) 6. Adoption Re: Ordinance No. 02-4395, amending the Future Land Use Chapter of the City's Comprehensive Plan to change the future land use classification of a .85 acre parcel of property located at the northeast corner of Ken Thompson Park (formerly known as City Island Park) from the Open Space-Recreation-Conservation to the Community Office/Institutional Future Land Use Classification; etc. (Title Only) (Application No. 01- PA-03, Applicant City of Sarasota, as owner of the real property, which is leased to the Sarasota Sailing Squadron) Deputy City Auditor and Clerk McGowan read proposed Resolution No. 02R-1521 and proposed Ordinance Nos. 02-4388, 02-4392, 02- 4393, 02-4394 and 02-4395 by title only. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 6, inclusive. Mayor Mason requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Servian, yes; Martin, yes. 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 Deputy City Auditor and Clerk McGowan. 10. NON QUASI-JUDICIAL PUBLIC HEARING RE: 2002 BUREAU OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT ADMINISTERED BY THE POLICE DEPARTMENT - APPROVED ALLOCATION OF FUNDS; STAFF WILL PROVIDE A REPORT CONCERNING 2001 AND 2002 USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) AND LAW ENFORCEMENT TRUST FUND (LETF) FUNDS AS WELL AS FORFEITURE FUNDS (AGENDA ITEM IV-A-1) CD 7:00 through 7:05 Edward Whitehead, Acting Chief of Police, Sarasota Police Department (SPD), came before the Commission and stated that each year, the US Department of Justice (Department of Justice) awards local law enforcement agencies Local Law Enforcement Block Grant (LLEBG) funds through the Federal Bureau of Justice Assistance (BJA); that the BJA has awarded the SPD $145,962 for the year 2002; that the City allocated $16,218 from the Law Enforcement Trust Fund (LETE) as a matching requirement to the award; that the total amount available for programs, projects, and equipment is $162,180; that the LLEBG Advisory Board reviewed the proposed areas of funding and approved the allocations at its July 8, 2002, meeting; that proposals for utilizing the 2002 LLEBG funds were received from SPD Staff and from other local law enforcement agencies; that the LLEBG Advisory Board consists of representatives from the SPD, the State Attorney's Office for the 12th Judicial Circuit Court, the Sarasota County Sheriff's Office (Sheriff's Office), the Sarasota County School Board, the Sarasota County Clerk of the Circuit Court, and the Salvation Army Social Services; that the following allocation of LLEBG funds for the City was recommended by the LLEBG Advisory Board: Amount Purpose $30,000 Sarasota Court Watch to offset administrative costs of operating the Court Watch program BOOK 52 Page 23602 08/05/02 6:00 P.M. BOOK 52 Page 23603 08/05/02 6:00 P.M. Commissioner Quillin stated that the $30,000 to Court Watch meets the requirement of funds going into the neighborhoods. Acting Chief Whitehead stated that is correct; and continued that $88,136 will be received for Special Weapons and Tactics (SWAT) and Explosive Material Unit (EMU) to standardize agency equipment for all area agencies involved in Homeland Security; that funds will be dispersed to the Sheriff's Office to purchase and receive the specialized equipment; however, some of the specialized equipment purchased will be owned and maintained by the SPD SWAT and EMU; that the specialized equipment which will be purchased is as follows: Amount Purpose $88,136 SWAT related equipment: 1 - "Defender Body Bunker" Ballistic Shield 13 with 5 for SPD - PVS 14 Night Vision Systems 13 with 5 for SPD - PVS 14 Helmet Mount Assemblies 13 with 5 for SPD = PVS 7B Night Vision Systems 13 with 5 for SPD - PVS 7B Helmet Mount Assemblies EMU related equipment: 4 with 2 for SPD - EOD-8 Suit MD 4 with 2 for SPD - EOD-8 Helmets 4 with 2 for SPD - BCS3-A Cool System with Manual MD 4 with 2 for SPD - Advantage 1 Hook and Line Kit 4 with 2 for SPD - Advantage 2 Hook and Line Kit Acting Chief Whitehead stated that the $88,136 is the cost of the specialized equipment which will be maintained and owned by the SPD; that the Sheriff's Office will fund the purchase of the equipment maintained and Owned by the Sheriff's Office; that the funds are being pooled to make the purchase more cost effective; and continued that the SPD will receive $44,044 to utilize as follows: Amount Purpose $15,000 Building Security three additions to the Palm Reader Access Control System Acting Chief Whitehead stated that the additions to the Palmer Reader Access Control System will be to secure the SWAT armory, department armory, and shotgun/key room. Amount Purpose $12,600 Crime View Software Program to purchase and install software for a Crime View mapping program. Acting Chief Whitehead stated that the purchase and installation of the Crime View Program will allow the SPD to track crime trends throughout the Cityi that the crime maps will be updated from the Records Management System data entries; that the maps will be utilized for planning police operations and will be provided to the Commission and general public upon request. Amount Purpose $16,444 Digital Photo Mug Shot Software Program to purchase and install software for the digital booking photographs. Acting Chief Whitehead stated that the funds will be allocated to purchase the same software program utilized by the Sheriff's Office for digital booking photographs; that the digital photographs of persons arrested by any agency utilizing the Sarasota County Consolidated Booking Facility will be available through the SPD computer network with the software program; that the software program will allow police officers to have booking photographs available on mobile computer terminals and desk top computers and will allow posting the photographs on the SPD web site. Acting Chief Whitehead continued that the allocation and funding for equipment and software programs are in accordance with the regulations set forth by the Federal Bureau of Justice Assistance Local Law Enforcement Block Grant Program; that Staff recommends approving the proposed 2002 Federal Bureau of Justice Assistance Local Law Enforcement Block Grant expenditures. Commissioner Quillin stated that a report concerning the City's utilization of LLEBG and LETF funds as well as forfeiture funds for 2001 and to date for 2002 would be helpful and would assist the public in understanding the manner in which the funds are utilized. Acting Chief Whitehead stated that the use of LLEBG funds in 2001 was primarily for homeland security; that security equipment was purchased; that additionally, the security at the SPD facility was increased; that a report will be provided. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. BOOK 52 Page 23604 08/05/02 6:00 P.M. BOOK 52 Page 23605 08/05/02 6:00 P.M. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to approve the proposed allocation of 2002 Federal Bureau of Justice Assistance Local Law Enforcement Block Grant funds. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4398, CALLING A REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE CHARTER OF THE CITY OF SARASOTA SHALL BE AMENDED TO ADD A PROHIBITION AGAINST DISCRIMINATION ON THE BASIS OF AGE, RACE, GENDER, RELIGION, NATIONAL ORIGIN, DISABILITY, VETERANS STATUS, MARITAL STATUS, OR SEXUAL ORIENTATION IN THE AREAS OF HOUSING, EMPLOYMENT AND PUBLIC ACCOMMODATIONS; TO PROVIDE THAT ALL CITY CONTRACTS MUST BE APPROVED BY THE CITY COMMISSION UNLESS EXEMPTED BY ORDINANCE; TO REQUIRE THE CITY AUDITOR AND CLERK AND CITY ATTORNEY TO PREPARE AN ANNUAL BUDGET ; TO REQUIRE THAT A CITIZEN' S INITIATIVE PETITION WHICH PROPOSES AN AMENDMENT TO MORE THAN ONE SECTION OF THE CHARTER SHALL BE REQUIRED TO CONTAIN A CLEAR AND CONCISE SUMMARY OF THE MATERIAL COMPONENTS OF THE PROPOSED AMENDMENT; ; TO ADD PROVISIONS TO THE CHARTER CONSISTENT WITH APPLICABLE STATE LAW TO SPECIFICALLY ADDRESS THE SCHEDULING OF A REFERENDUM ON A PROPOSED CHARTER AMENDMENT; ; THE APPROVAL OF BALLOT LANGUAGE AND THE EFFECTIVE DATE OF AN AMENDMENT IF APPROVED BY THE VOTERS : SCHEDULING SAID REFERENDUM FOR NOVEMBER 5, 2002, SETTING FORTH THE TEXT OF THE PROPOSED CHARTER AMENDMENTS AND THE TITLE AND SUMMARY OF THE PROPOSED AMENDMENTS TO APPEAR ON THE BALLOT; ETC. (TITLE ONLY) - REVISED THE ORDER OF PROTECTED CLASSES TO ALPHABETICAL; PASSED ON FIRST READING (AGENDA ITEM IV-A-2) CD 7:04 through 7:40 City Attorney Taylor stated that the City of Sarasota Charter (1996) (City Charter) was adopted by referendum on September 3, 1996; that on May 7, 2001, the Commission adopted Resolution No. 01R-1369 appointing a Charter Review Committee to review and provide recommendations concerning changes to the City Charter; that on September 2, 2001, the Commission formally received and considered the recommendations of the Charter Review Committee; that the Commission determined amendments to the 1996 Charter should be submitted to a vote of qualified electors of the City for approval; that proposed Ordinance No. 02-4398 is to schedule a referendum on November 5, 2002, to allow the qualified electors of the City to consider two ballot questions to revise the City Charter by incorporating: 1. a statement concerning non-discrimination to apply within the City as recommended by the 2001 Charter Review Committee and 2. further recommendations of the 2001 Charter Review Committee regarding approval of contracts to which the City is a party, the preparation of annual budgets by the City Auditor and Clerk and the City Attorney, the inclusion of a summary of a citizen's initiative petition proposing an amendment to the City Charter, ballot language, and effective date of a Charter amendment if approved by the electors. City Attorney Taylor continued that proposed Ordinance No. 02-4398 adopts ballot language for the proposed amendments to the City Charter as follows and provides for the voters to vote for or against the amendments: TITLE OF AMENDMENT NO. 1: Amendment to prohibit discrimination in housing, employment, and public accommodations. SUMMARY: Discrimination on the basis of age, race, gender, religion, national origin, disability, veterans status, marital status or sexual orientation in the areas of housing, employment and public accommodations shall be prohibited in the City. TITLE OF AMENDMENT NO. 2: Amendment regarding approval of contracts; preparation of budgets and charter amendment procedures. SUMMARY: Amendment providing city contracts shall be approved by the City Commission unless exempted by ordinance; requiring City Clerk and Attorney to prepare annual budgets; requiring a clear and concise statement of material components of proposed charter amendment be contained in petition to initiate an amendment to more than one charter provision; specifying City Commission authority to schedule referendum on proposed charter amendment and adopt ballot language consistent with state law. BOOK 52 Page 23606 08/05/02 6:00 P.M. BOOK 52 Page 23607 08/05/02 6:00 P.M. City Attorney Taylor further stated that the State Statute limits the numbers of words in the summary; and referred to Exhibit A, Text to Proposed Amendments to 1996 Charter, included in the Agenda backup material. Commissioner Servian asked if the categories of protected classes in the Summary of Amendment No. 1 can be listed in alphabetical order? City Attorney Taylor stated yes. Commissioner Servian stated that listing the categories in alphabetical order would make the summary easier to understand and does not make any substantive change. Mayor Mason opened the public hearing and the following people came before the Commission: Lesley Stein, 1121 Edgewater Circle, Bradenton (34209), stated that as a new resident to the area, a great deal of personal time and money is spent enjoying the many cultural events available in the City; that vacation has been spent on Siesta Key since 1974; that many years passed before retiring to the area; that while living in Westchester County, New York, she was part of a two-year movement to enact human rights legislation and establish a Human Rights Commission; that moving to an area without an non-discrimination law caused concern; that the City is encouraged to place non-discrimination language on the November 5, 2002, ballot; that people from diverse cultures from all over the country are moving to the City from areas in which non-discrimination legislation already exists; that the City should pass the non-discrimination legislation with all the protected classes included. Mary Ciner, 1714 Waldemere Street (34239), stated that the Commission is requested to place the non-discrimination language on the November 5, 2002, ballot for the City voters to decide; that the existence of discrimination in the City is shameful. Reverend Nancy Wilson, 7225 North Lockwood Ridge Road (34243), representing Church of the Trinity Metropolitan Community Church, stated that as a recent arrival to the City from Los Angeles, California, being part of a City which exhibits the courage and maturity to stand for justice and simple, rather than special rights, is a source of pride; that the City should provide an umbrella of safety for all citizens; that all citizens are entitled to protection and mutual respect; that the City must step forward as an inclusive community and continue to provide a wonderful place to live for all people. Reverend Jim Merritt, 5013 Bay Shore Road (34234), stated that some concerns have been raised by others since the July 1, 2002, Regular Commission meeting at which the non-discrimination language was discussed; that the community and the Commission are requested to focus on the fact the proposed non- discrimination language in the amendment to the City Charter is not intended as a gay rights movement but rather to afford gay, lesbian, bisexual, and transgendered people the same, not special, rights and protections afforded to every citizen in the City; that sexual orientation is a small portion of the proposed amendment; that concerns have been raised the amendment is part of a gay-rights agenda and a forerunner to legislation in the City to allow gay marriages; that the City does not have the ability to enact legislation regarding marriage law; that many years ago at the time the non-discrimination movement first began around the country, the US Supreme Court ruled none of these amendments or ordinances apply to religious organizations due to the separation of powers of church and state provided by the US Constitution; that religious organizations have a right to pursue their religion as seen fit; that in the most recent case before the US Supreme Court involving the Boy Scouts of America, the US Supreme Court ruled the Boy Scouts of America could discriminate against people if desired; that these two US Supreme Court rulings are of major concern; that language concerning non-diserimination should be addressed in a timely manner; that a member of the Charter Review Committee indicated no protection exists for minorities in the City; that the City should provide equal protection for all; and requested that members in the audience stand to indicate support for the non- discrimination amendment. Reverend Merit continued that the ballot language presented by the City Attorney is clear about classes; that the three areas of protection are housing, employment, and public accommodations; that no language is provided concerning health care. Fred Murray, 1632 10th Street (34234), stated that the proposed non-diserimination ordinance was brought to his attention over the last several months by many individuals who possess open arms of love and tolerance for all people; that as a concerned American, he believes the poor and downtrodden, the uneducated, the weak, and the ill-treated are all welcome; that BOOK 52 Page 23608 08/05/02 6:00 P.M. BOOK 52 Page 23609 08/05/02 6:00 P.M. discrimination is an illness; that for examples, veterans of war return home and people refuse to speak to them, rent to them, do business with them, or declare them baby killers; that also, some people refuse to rent to individuals who are too old, too young, too religious, not religious enough, or unmarried with children; that the non-discrimination amendment must be brought before the people of the City for the people to decide; that anything less is censorship oppressed upon the mass by a vocal minority; that petty hatreds should not be infectious. Dick Sheldon, 526 South Osprey Avenue (34236), stated that a different approach was taken by making the statement: to discriminate against one person is to discriminate against everyone; that a reporter from the Sarasota Herald-Tribune misunderstood the depth of the statement; that to clarify, if an individual discriminates against one person or a group of people, the individual is placing himself aside, thereby discriminating against himself. Mr. Sheldon referred to an August 4, 2002, Sarasota Herald- Tribune editorial indicating the Charter amendment would stretch the civil rights umbrella by providing homosexuals a chance to enjoy the same rights all citizens have pertaining to housing, jobs, and services and stated that the article causes concern; that the concept of stretching the umbrella is not supported; that the civil rights umbrella already exists; that the goal should be to pull as many people under the umbrella as possible; that the indication throughout the editorial is the City is taking the giant step of adding non-discrimination language to the Charter without first addressing details and specifics such as enforcement; that enforcement was not a question in 1776 or 1789; that many laws are passed according to the will of the people without consideration of enforcement; that enforcement of laws enacted 100 years ago, 50 years ago, and yesterday are still being addressed; that enforcement of the legislation should not be a concern at this point. Debbie Roginski, 5306 Foxwood Drive (34232), Executor Director of AIDS Manasota, Inc., stated that she is in attendance as her clients cannot be due to the discrimination against individuals who are HIV positive, a disease which does not discriminate; that fear of discrimination is precisely the reason for the non- discrimination amendment; that the clients face discrimination not only in housing and employment but in many. other areas of their lives due to this debilitating virus; that the City should allow the residents to decide the outcome of the important non- discrimination ordinance rather than a vocal minority who claim to speak for all residents; that the voters should have the right to decide and the majority must rule. Jan Chester, 2055 Wood Street (34239), Vice President, Planned Parenthood, stated that adoption of the non-discrimination language in the City's Charter is supported; that the City should be portrayed as an inclusive community; that placing the non-diserimination language in the Charter affirms the City's support of all members of the community. There was no one else signed up to speak and Mayor Mason closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 02-4398 by title only. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 02-4398 on first reading. Commissioner Martin stated that the City has always been viewed as a tolerant community, which was a reason for coming to the City 22 years ago; however, occasionally intolerance occurs; that the community can become more tolerant by intentionally considering intolerant actions; that the community will support the non-discrimination language at the polls on November 5, 2002, which is exciting to consider; that adopting non- discrimination language is right as well as smart; that a meeting of the Economic Development Board (EDB) was attended on August 5, 2002, and the subject of non-discrimination was discussed; that Richard Florida recently wrote a book entitled The Rise of the Creative Class and discussed the transformation of the economy in the US and throughout the world, indicating the success of communities will depend on the communities' tolerancei that a tolerant community is a creative community and economically viable into the future; that the confidence is the City is a tolerant community; that supporting proposed Ordinance No. 02-4398 is pleasing; that difficult work concerning implementation lies ahead; that the first step is to place the amendment to the City Charter before the voters. Commissioner Quillin stated that a Task Force should be created to assure no citizen in the community experiences discrimination; that the creation of a Task Force will be personally presented to the Commission prior to the November 5, BOOK 52 Page 23610 08/05/02 6:00 P.M. BOOK 52 Page 23611 08/05/02 6:00 P.M. 2002, ballot; that having grown up in the City, people always took care of each other; that a return to the same concern is desired; that although the City has grown the City's residents remain close; that the neighborhood residents are becoming better acquainted; that the businesses and neighborhoods are working together; that the City should be a community of zero tolerance concerning discrimination; that continuing to fight for basic rights on which the Country was founded should no longer be tolerated; that her granddaughter should not be faced with the same fight; that discrimination will be stopped in the City. Commissioner Servian stated that serving on the Charter Review Committee was a source of pride; that the subject of non- discrimination was presented to the Charter Review Committee over a year ago; that the issue of an amendment to the City Charter concerning non-discrimination progressed through the community and through the legislative process; that the nay sayers who have written editorials to the newspaper did not appear tonight for the public hearing, which is interesting; that the nay sayers may not represent as significant portion of the community as the nay sayers portrayi that including non- discrimination language in the City Charter is supported; that supporting proposed Ordinance No. 02-4398 is a source of pride; that proposed Ordinance No. 02-4398 does not concern sexual orientation; that the issue concerns human rights; that the non- discrimination language applies to everyone living in the City; that discrimination against one person is discrimination against everyone, which is a true and heartfelt statement; that support by the voters at the polls is anticipated sO the City can move into the 21st Century. Vice Mayor Palmer stated that the City is inclusionary rather than exclusionary; that moving forward with proposed Ordinance No. 02-4398 is important. Vice Mayor Palmer referred to an editorial in the August 4, 2002, issue of the Sarasota Herald-Tribune and stated that the editorial accurately indicates some concern from areas of the community regarding the implications of the proposed Charter amendment; that a letter concerning the exemptions, exceptions, and inclusions from the proponents would be helpful; that questions will arise; that groups will be discussing the proposed Charter amendment prior to going to the polls on November 5, 2002; that moving forward with providing additional information sO the voters will have a better understanding of the proposed Charter amendment is necessaryi that numerous personal questions were presented; that the Commission was kind in allowing presentation of all the questions; that a significant amount of personal research has been conducted; that regulations from throughout the country have been reviewed; that more comfort concerning exclusions and inclusions is currently felt; that for example, a question was if health clubs for men or women only would be allowed; that the answer to the question is yes; that special prices for seniors or youth are allowed; that some issues may not seem important but were raised by members of the community; that most cities with non- discrimination regulations have a process including filing a complaint, investigation, an attempt at mediation or conciliation, and presentation to a hearing officer or human relations board; that a case can go to court only after consideration by a hearing officer or human relations board; that involvement of the City Attorney's Office and the courts is not automatic at the beginning of the filing of a complaint; that the process in other jurisdictions has been successful in dealing with the issues currently being discussed in the City; that the time has arrived for the City to move forward; that the significance of placing the proposed Charter amendment on the ballot is to allow the voters to decide; that the proponents will provide information concerning implementing regulations; that moving forward is advocated. Mayor Mason stated that the Charter Review Committee deserves congratulations for taking the bold step of bringing forward a Charter amendment concerning mon-discrimination, that as a life- long resident, bringing forward non-discrimination has been a long time in the making; that the Commissioners also deserve congratulations for taking the bold step behind the Charter Review Committee; that on behalf of the City's effort regarding S.0.A.R. (Sarasota Openly Addresses Racism), appreciation is expressed to the Charter Review Committee and fellow Commissioners; that S.0.A.R. is advancing efforts to establish a human rights commission; that the people became involved in the government process involved in the proposed Charter amendment concerning non-discrimination; that the process called government can be difficult; that the involvement of constituents is important; that constituents are encouraged to speak out about issues of importance; that appreciation on behalf of the Commission is expressed to the members of the public who have brought the issue forward. BOOK 52 Page 23612 08/05/02 6:00 P.M. BOOK 52 Page 23613 08/05/02 6:00 P.M. City Attorney Taylor referred to Section 9, proposed Ordinance No. 02-4398, indicating the effective date and stated that reference is made to Section 6 which is a scrivener's error and will be corrected to Section 7 prior to second reading. Mayor Mason called for a vote on the motion and requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yes; Servian, yes; Martin, yes; Mason, yes. The Commission recessed at 7:40 p.m. and reconvened at 7:50 p.m. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4391, TO CONDITIONALLY VACATE THAT CERTAIN PORTION OF THE 60 FOOT WIDE LEMON AVENUE RIGHT-OF-WAY GENERALLY DESCRIBED AS BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF SECOND STREET AND BOUNDED ON THE SOUTH BY THE NORTH RIGHT-OF-WAY LINE OF FIRST STREET AND CONSISTING OF THE EASTERLY 7 FEET OF SAID LEMON AVENUE RIGHT-OF-WAY PLUS THE WESTERLY 27 FEET OF SIDEWALK AND RELATED PUBLIC IMPROVEMENTS IMMEDIATELY ADJACENT THERETO AS MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 02-SV-02, APPLICANT CITY OF SARASOTA) PASSED ON FIRST READING (AGENDA ITEM IV-A-3) CD 7:50 through 8:00 Karin Murphy, Senior Planner II, Planning Department, came before the Commission, referred to computer-generated slides throughout the presentation, and stated that proposed Ordinance No. 02-4391 pertains to a City-initiated request for approval of Street Vacation Application No. 02-SV-02 to vacate 7 feet of street improvements and 27 feet of sidewalk and related improvements on the east side of Lemon Avenue between First and Second Streets to enable construction of the Sarasota County Transportation Authority (SCAT) transfer facility and is part of a City/County mass transit initiative; that the location of the SCAT transfer facility was debated by the City and the County at considerable length; that the most recent debate concerned the site near intersection of Ringling Boulevard and School Avenue as an alternative location; that the Commission subsequently directed the Administration and Staff to process the necessary development approvals to construct the SCAT transfer station at Lemon Avenue; that as part of the City/County policy making, the two jurisdictions finalized a Contract for Sale and Purchase (Contract) for property inclusive of public right-of-way at Lemon Avenue; that a street vacation of the portion of Lemon Avenue necessary for construction of the SCAT transfer facility is required by the Contracti that Street Vacation Application No. 02- SV-02 is the process required to fulfill the obligations of the Contract; that City Staff has been involved in the development of the Request for Proposal (RFP) for the design of the SCAT transfer facility; that a City representative and alternate is on the selection committee; that a Dean from the University of South Florida will also sit on the selection committee; that the RFP was distributed to a number of people, including practitioners of the Sarasota School of Architecture; that responses to the RFP have been received; that the first meeting to review the responses is scheduled for August 8, 2002; that City Staff has provided the Commission regular updates concerning the progress of the SCAT transfer facility and will continue to do sO. Ms. Murphy referred to the Agenda Request form indicating that at its July 3, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found Street Vacation Application No. 02-SV-02 as incorporated in proposed Ordinance No. 02-4391 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, the standards for review set forth in the Zoning Code (1998 ed.) and the Tree Protection Ordinance, and voted unanimously to recommend Commission approval subject to the following conditions: 1. The County shall execute and provide to the City Attorney's Office a Utility Easement in favor of the City for the purpose of maintaining and repairing any existing water, sewer, drainage and re-use facilities within the portion of right-of-way proposed to be vacated. 2. The County shall execute and provide to the City Attorney's Office a Utility Easement in favor of TECO/Peoples Gas Company for the purposes of maintaining and repairing any existing gas facilities within the portion of the proposed to be vacated. 3. The County shall execute and provide to the City Attorney's Office 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. 4. The issuance by the City of a Building Permit for the multi-public transportation transfer station in complete compliance with the terms and conditions set forth in the Contract between the City and the County. BOOK 52 Page 23614 08/05/02 6:00 P.M. BOOK 52 Page 23615 08/05/02 6:00 P.M. Vice Mayor Palmer asked for clarification concerning the purchase of the land. Ms. Murphy stated that the public right-of-way was included in the purchase price; that City Staff wishes to assure the City would not be purchasing property previously vacated if the City repurchased the land at a future date; that the cost of the underlying property as well as the right-of-way easement was factored into the purchase price. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 02-4391 by title only. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4391 on first reading. Commissioner Servian stated that for the benefit of the public, the street vacation is a requirement of moving forward with the SCAT transfer station. Vice Mayor Palmer stated that the street vacation does not include all of Lemon Avenue; that Lemon Avenue will continue to have two-way traffic; that only 7 feet of the right-of-way is involved in the vacation; that traffic will continue to move freely on Lemon Avenue. Commissioner Quillin stated that the result of the construction of the SCAT transfer facility will be a better alignment of Lemon Avenue, which will improve maneuverability. Mayor Mason called for a vote on the motion and requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Servian, yes; Martin, yes; Mason, yes; Palmer, yes. 4. QUASI-JUDICIAL PUBLIC HEARING: : PROPOSED RESOLUTION NO. 02R-1522, APPROVING MAJOR CONDITIONAL USE APPLICATION NO. 02-CU-07 TO ALLOW THE OPERATION OF A PROPOSED EDUCATION CENTER (PHASE I) T/B/A "THE KEATING CENTER, IT AS A LEASEHOLD USE TO BE OPERATED BY MOTE MARINE LABORATORY, INC. AS A FLORIDA NOT-FOR-1 PROFIT CORPORATION, AS LESSEE OF PROPERTY OWNED BY THE CITY OF SARASOTA IN THE GOVERNMENTAL USE (G) ZONE DISTRICT; SAID LEASEHOLD USE BEING PROPOSED WITHIN KEN THOMPSON PARK, NORTH OF ST. ARMAND'S CIRCLE, EAST OF STATE ROAD 789 (JOHN RINGLING PARKWAY) AND ABUTTING KEN THOMPSON PARKWAY TO THE NORTH (A/K/A 1600 KEN THOMPSON PARKWAY) i REQUIRING THE EDUCATION CENTER TO BE CONSTRUCTED IN ACCORDANCE WITH APPROVED SITE PLAN APPLICATION NO. 02-SP- 24; ETC. (TITLE ONLY) (APPLICATION NOS. 02-CU-07 AND 02-SP- 24, APPLICANT BRENDA PATTEN, 1 ESQUIRE REPRESENTING MOTE MARINE LABORATORY, INC.) - ADOPTED WITH THE ADDITION MOTE MARINE WILL PARTICIPATE IN THE TRANSPORTATION MANAGEMENT ORGANIZATION (AGENDA ITEM IV-B-1(a)) AND QUASI-JUDICIAL PUBLIC HEARING: PROPOSED RESOLUTION NO 02R-1523, TO GRANT G ZONE WAIVER APPLICATION NOS. 02-GZW- 03, 02-GZW-04 AND 02-GZW-05 REGARDING WAIVERS FROM THE DEVELOPMENT STANDARDS APPLICABLE TO FRONT AND WATERFRONT YARD SETBACKS, ON SITE PARKING REQUIREMENTS AND MAXIMUM LOT COVERAGE REGULATIONS FOR A PROJECT PROPOSED TO BE CONSTRUCTED UPON CITY OWNED PROPERTY WITHIN KEN THOMPSON PARK, LEASED TO MOTE MARINE LABORATORY, INC., AS DESCRIBED IN SITE PLAN APPLICATION NO. 02-SP-24; SAID WAIVERS BEING APPLICABLE TO A PROPOSED EDUCATION CENTER (PHASE I), T/B/A "THE KEATING CENTER, 1 APPROVING G ZONE WAIVER 02-GZW-03 GRANTING A WAIVER OF 27.4 FEET FROM THE REQUIRED 30-FOOT FRONT YARD SETBACK TO ALLOW 2.6-FOOT FRONT YARD SETBACK AND A WAIVER OF 30 FEET FROM THE REQUIRED 30-FOOT WATERFRONT YARD SETBACK; APPROVING G ZONE WAIVER 02-GZW-04 GRANTING A WAIVER FROM THE PROVISION OF A MAXIMUM OF 44 PAVED ON-SITE PARKING SPACES PLUS ONE LOADING SPACE UPON THE LEASEHOLD L OUT OF A TOTAL OF 57 REQUIRED ON-SITE PARKING SPACES AND ONE REQUIRED LOADING ZONE SPACE (AT LEAST 13 SPACES TO BE PROVIDED ON-SITE UPON THE LEASEHOLD); APPROVING G ZONE WAIVER 02-GZW-05 GRANTING A WAIVER FROM THE MAXIMUM 25 PERCENT LOT COVERAGE REGULATION APPLICABLE TO THE PROPOSED KEATING CENTER TO ALLOW A MAXIMUM TOTAL OF 40.8 PERCENT LOT COVERAGE; ETC. (TITLE ONLY) (APPLICATION NOS 02-GZW-03, 02- GZW-04 AND 02-GZW-05, APPLICANT BRENDA PATTEN 1 ESQUIRE L REPRESENTING MOTE MARINE LABORATORY, INC.) - ADOPTED (AGENDA ITEM IV-B-1 (b)) AND QUASI-JUDICIAL PUBLIC HEARING: PROPOSED DEVELOPMENT AGREEMENT (APPLICATION NO. 02-DA-01) BETWEEN THE CITY OF BOOK 52 Page 23616 08/05/02 6:00 P.M. BOOK 52 Page 23617 08/05/02 6:00 P.M. SARASOTA AND MOTE MARINE LABORATORY, INC. PERTAINING TO TRANSPORTATION CONCURRENCY REQUIREMENTS FOR THE PROPOSED MOTE MARINE MASTER PLAN (APPLICATION NO. 02-DA-01, APPLICANT BRENDA PATTEN, / ESQUIRE, REPRESENTING MOTE MARINE LABORATORY, INC.) = APPROVED WITH THE FOLLOWING CONDITIONS: : 1) COMPLETION OF INSTALLATION OF THE TRAFFIC SIGNAL PRIOR TO ISSUANCE OF A BUILDING PERMIT FOR PHASE II AND 2) COMPLETION OF THE TRAFFIC SIGNAL PRIOR TO NOVEMBER 2003 WITH A PROVISION FOR AN EXTENSION (AGENDA ITEM IV-B-1(c)) CD 7:57 through 10:11 Mayor Mason requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the proposed resolutions and development applications concerning a Major Conditional Use application, three Government Use (G) Zone Waiver applications and the approval of a Development Agreement for Mote Marine Laboratory and Aquarium, Inc. (Mote Marine) are interrelated; that the requirements of quasi-judicial public hearings were defined by the judicial process; that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that the named parties to the proceedings are the Applicant, which is Mote Marine, the City, and Affected Persons; that one individual, Stewart Cassell, has filed for certification as an Affected Person; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subjéct property; that the recommendation is to allow 25 minutes for the Applicant's presentation and 15 minutes for rebuttal; that the City will have 15 minutes for presentation and 10 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 10 minutes to speak and 10 minutes for rebuttal; that other interested persons will have 5 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that the Applicant, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and for cross-examination; that individuals signed up to speak may wish to speak to both resolutions and the Development Agreement scheduled for public hearing; that all three proposed items may be addressed at one public hearing; however, separate votes will be required; that Commission approval of the time limits is requested. Mayor Mason stated that hearing no objections, the time limits are approved. City Attorney Taylor stated that the request for Affected Person status application from Stewart Cassell has been reviewed; that Mr. Cassell qualifies as an owner/resident within 500 feet of the subject property and may be accepted as a party to the proceedings as an Affected Person; and that certification of the Affected Person is requested. Mayor Mason stated that hearing no objections, Stewart Cassell is certified as an Affected Person. Mayor Mason requested that Commissioners ex parte communications, if any, be disclosed. Commissioner Quillin stated that discussions were held with the Director of Mote Marine regarding the development of a master plan for Mote Marine; however, specific discussions relating to the subject of the public hearing have not occurred; that a discussion was also held with Peter Smith, Managing Member of MarineMax of Sarasota LLC d/b/a Gulfwind Marine (Gulfwind Marine), regarding a master plan for Ken Thompson Park. Commissioner Martin stated that a brief discussion was held with Mr. Smith which may have included discussion concerning Mote Marine. Mayor Mason stated that discussions were held with Mr. Smith regarding several issues including the subject of the public hearing; that a meeting was held with Brenda Patten, Esquire, law firm of Kirk-Pinkerton, representing Mote Marine, regarding a non-related issue; however, the subject of the public hearing was briefly mentioned; that several telephone messages have been received; that the telephone messages have not been returned; that a copy of the telephone messages have been provided to the Office of the City Auditor and Clerk for the record. Vice Mayor Palmer stated that discussions were held with Mr. Smith regarding the development of a master plan for Mote Marine and Gulfwind Marine; that the subject of the public hearing was briefly discussed; that discussions were also held with Retired Lt. General Howard Crowell, Jr., Vice President of Development Division, Mote Marine, and Attorney Patten regarding the length of time for the public hearing before the Commission and briefly with Jane Carrigan regarding the subject public hearing; that several BOOK 52 Page 23618 08/05/02 6:00 P.M. BOOK 52 Page 23619 08/05/02 6:00 P.M. telephone calls and pieces of correspondence have been received; that the response to the telephone calls and the correspondence has been to attend and participate in the public hearing. Commissioner Servian stated that a brief discussion was held with Mr. Smith regarding the subject of the public hearing; and asked if the members of the Board of the St. Armands Residents, Inc., neighborhood association are considered Affected Persons? City Attorney Taylor stated that the Board members would have to qualify for Affected Persons status. Commissioner Servian stated that several residents of St. Armands Circle have expressed concerns regarding the proposed project. Mayor Mason opened the public hearing and requested that the Applicant come forward. Brenda Patten, Esquire, law firm of Kirk-Pinkerton, representing Mote Marine, and Daniel Bebak, Director, Aquarium and Special Projects Division, Mote Marine, came before the Commission. Attorney Patten distributed material regarding the proposed Mote Marine project and stated that Mr. Bebak is in charge of the planning and development of the proposed Keating Center; that Dr. Kumar Mahadevan, Executive Director, Mote Marine, is present to answer any questions of the Commission. Mr. Bebak referred to computer-generated slides displayed on the Chamber monitors throughout the presentation and stated that the proposed Keating Center will be located on the north side of Ken Thompson Parkway; that the Distance Learning Program is called SeaTrek and will be housed in the proposed Keating Center; that SeaTrek requires access to the shoreline for experiments conducted by students; that students from other areas of the country will have the opportunity to interact with the experiments; that access to a laboratory is necessary for interactive video transmissions to shorelines, scientists, other aquariums, and Mote Marine's scientific staff; that the Marine Operations Division oversees the maintenance of all Mote Marine vehicle operations, including the Research/Vessel (R/V) Eugenie Clark, dock areas, space provided for the US Coast Guard Auxiliary, and maintenance of the weather station equipment; that the activities of the Marine Operations Division were previously conducted in an old building which was damaged and is now uninhabitable; that students from local schools participate in the Distance Learning Programs; that the program is designed to take the classrooms to the coast and enables students from across the country who are not able to visit the laboratory or the coast to interact with Mote Marine's educators and scientists through technology; that over 600 Distance Learning Programs occurred in 2001; that the Distance Learning Program connects multiple locations over an electronic bridge; that individuals at all the connected locations can see, hear, speak, and exchange information with one another; that for example, students in Sarasota can video interact with students in Jackson County, Michigan, students on the shoreline, educators at the proposed Keating Center, and the wireless video camera in the Mote Marine's shark aquarium at the same time; that students from anywhere in the world can drive Mote Marine's underwater, unmanned submarine in the shark aquarium by video remote; that the wireless video technology is small and portable with a limited range. Mr. Bebak continued that the research and public aquarium comprises 56 percent of the space at Mote Marine; that research will always be the focus of Mote Marine; that education and aquarium programs are tied to the research focus; that 77 percent of staff are dedicated to research; that the budget for Mote Marine also reflects the high level of dedication to research. Attorney Patten distributed a listing of Scientific Publications to the Commission and stated that Mote Marine is primarily a research facility as indicated by the percentages of staff and budget allocations; that several hundred scientific publications have been published by Mote Marine since 1978; that Mote Marine was first located on Siesta Key in Sarasota; that Mote Marine developed plans to relocate to Placida, Florida, at the termination of lease for the Siesta Key location in 1976; that the community rallied to keep Mote Marine in Sarasota; that the Arvida Corporation leased 2.2 acres of waterfront property owned by Arvida Corporation on City Island to Mote Marine; that the terms of the lease were for 50 years until 2026 for $1 per year; that in 1986, the Arvida Corporation conveyed the waterfront property to the City on the condition the $1 per year, 50-year lease would be honored; that the deed from the Arvida Corporation to the City provides for Mote Marine to remain on the property until 2026 at a fixed rent of $1 per yeari that both the City and Mote Marine are beneficiaries of the Arvida Corporation gift; that the City is legally bound to honor Mote Marine's rights to the property; that the City has provided additional land to Mote Marine's site over the past years and has extended the lease agreement; however, the Arvida Corporation conditions are still enforceable. BOOK 52 Page 23620 08/05/02 6:00 P.M. BOOK 52 Page 23621 08/05/02 6:00 P.M. Attorney Patten continued that the request before the Commission is to redevelop a .5 acre site on the north side of Ken Thompson Parkway; that three uninhabitable buildings currently exist on the site; that the three buildings were donated to Mote Marine by the Arvida Corporation and do not currently conform to Federal Emergency Management Agency (FEMA) regulations or building codes; that the three buildings will be replaced by the proposed Keating Center and will conform with FEMA regulations; that the proposed Keating Center will be elevated and constructed in accordance with coastal construction standards including wind load and glass requirements; that the new building will be less of a threat to other structures in the event of a storm. Attorney Patten further stated that the proposed development will improve the shoreline with the planting of mangroves and other vegetation and the installation of riprap to stabilize the shoreline; that the wall of the proposed Keating Center will be setback 10.2 feet from the mean high waterline; that the second- level balcony will extend out over the mean high waterline; that Governmental Use (G) Zone Waiver Application Nos. 02-GZW-03,-04, and -05 as incorporated in proposed Resolution No. 02R-1523 are to approve waivers from the development standards applicable to front and waterfront yard setbacks, on-site parking requirements, and maximum lot coverage regulations for the proposed project; that construction of the proposed Keating Center at a 10.2-foot setback rather than the required 20-foot setback is due to the size of the site; that the G Zone Wavier criteria requires a balancing of the good served verses the detriment to the public if the proposed project is not approved; that construction of the Keating Center will not occur if the proposed location cannot be utilized, resulting in a great loss to Mote Marine and the community. Attorney Patten stated further that the three G Zone Waiver Applications were filed prior to the effective date of the Zoning Code (2002 Ed.) and have been processed under the prior Zoning Code (1998 ed.); that the Commission should consider the following criteria set forth in Section IV-1706(B), Zoning Code (1998 ed.), in reviewing the G Zone Waiver Applications filed by Mote Marine: a. Whether special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings of a similar nature in other zoning districts. Attorney Patten stated that the proposed site is an irregular triangular shaped parcel of property along a curved shoreline; that constructing a building on the property is difficult due to the shape; that Mote Marine originally proposed a 23,000-square- foot building for the Keating Center; however, the size has been reduced to 15,627 square feet; that the proposed site is the only land available to Mote Marine. b. Whether the special conditions and circumstances result from the actions of the Applicant. Attorney Patten continued that no special conditions and circumstances are created as a result of actions by Mote Marine; that the configuration of the property has existed since Mote Marine originally entered into the lease agreement with the City in 1976; that Mote Marine has not altered the configuration of the lot. C. Whether literal interpretation of the provisions of these regulations would deprive the Applicant of rights commonly enjoyed by other similar properties in other zoning districts under the terms of the Zoning Code and would cause unnecessary and undue hardship for the Applicant. Attorney Patten further stated that a literal interpretation of the Zoning Code (1998 ed.) would further reduce the size of the proposed structure which would be inadequate to accommodate the proposed remote learning center; that another facility located at Mote Marine must be displaced if the proposed site is not approved; that displacing another facility would be a hardship to Mote Marine's scientific mission. d. Whether the waiver, if granted is the minimum waiver that will make possible the reasonable use of the land, building, or structure. Attorney Patten stated further that the size of the proposed Keating Center has been reduced from 23,000 to 15,627 square feet; that the proposed Keating center includes only the elements essential for the success of the remote learning facility; that a smaller building would eliminate many of Mote Marine's planned functions. BOOK 52 Page 23622 08/05/02 6:00 P.M. BOOK 52 Page 23623 08/05/02 6:00 P.M. e. Whether the granting of the waiver will be consistent with the general intent and purpose of these regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Attorney Patten stated that the City Staff report indicates the request is consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and the City's concurrency regulations including traffic; that the Keating Center will not adversely affect any neighbors or adjoining uses. Attorney Patten continued that the proposed Keating Center must conform to the requirements of the Residential Single Family 1 (RSF-1) Zone District under the City's Zoning Code (1988 ed.) regulations; that single-family homes no longer exist on City Island; that the nearest single family home is over 1,000 feet away in the Lido Shores development; that the proposed Keating Center is required to conform to the requirements of RSF-1 Zone District as the nearby New Pass Bait Shop had a residential unit on the top floor of the structure at one time; that the area is still designated in the RSF-1 Zone District; that the proposed Keating Center should not be required to conform to the RFS-1 Zone District since residential uses do not exist on City Island or in Ken Thompson Park; that the Commission is allowed to waive G Zone District standards under appropriate circumstances. Attorney Patten further stated that the proposed Keating Center will include 40.8 percent lot coverage of impervious surface upon construction which is acceptable in several City zoning districts such as the Sarasota Memorial Hospital (SMH), the Commercial Tourist (CT), and the Medical Charitable Institutional (MCI) Zone Districts; that the proposed Keating Center is limited to a residential lot coverage of 25 percent due to the designation of the New Pass Bait Shop in the RSF-1 Zone District; that the proposed Keating Center will be located between the New Pass Bait Shop to the west and the Salty Dog restaurant and Gulfwind Marine to the east; that the New Pass Bait Shop, the Salty Dog restaurant, and Gulfwind Marine are intensive commercial uses; that G Zone Waiver Application No. 02-GZW-05 as incorporated in proposed Resolution No. 02R-1523 is to waive the maximum 25 percent lot coverage regulation applicable to the proposed Keating Center to allow a maximum of 40.8 percent lot coverage. Attorney Patten referred to a July 8, 2002, memorandum, from Timothy Litchet, Director of Building, Zoning and Code Enforcement, indicating only a negligible, if any, increase in parking demand based on the proposed uses for the Keating Center and stated that G Zone Wavier Application No. 02-GZW-04 as incorporated in proposed Resolution No. 02R-1523 is to waive the provision of 44 paved on-site parking spaces, plus one loading space, out of a total of 57 required on-site parking spaces and one required loading space; that staff for the proposed Keating Center will park across the street in the Mote Marine staff parking area; that the proposed Keating Center will not be open to the general public and will be utilized for special programs; that the majority of visitors will be students arriving by bus; that the buses will park in the bus parking area of Mote Marine; that the July 8, 2002, memorandum confirms parking is not an issue. Attorney Patten referred to the Traffic Concurrency Analysis prepared by the Engineering Department included in the Agenda backup material indicating the traffic of the proposed Keating Center as de minimis; and stated that the proposed Keating Center meets concurrency with no traffic impact; that the confusion regarding traffic is due to the desire to develop a master plan for Mote Marine which would address the following issues: - Parking system functioning between the different uses of Mote Marine property; Pedestrian circulation; Direction signage; and Transportation demand management for special events. Attorney Patten continued that Mote Marine agreed to the completion of a traffic study of Mote Marine at the completed build-out stage although the entire build-out of the site is not before the Commission; that only the proposed Keating Center is before the Commission; that technically, the traffic study does not relate to the Keating Center; that Development Agreement Application No. 02-DA-01 requires Mote Marine to submit a master plan to the City addressing the transportation issues no later than September 1, 2004; that Development Agreement Application No. 02-DA-01 also sets forth the traffic concurrency requirements which will be required to address the build-out of the entire master plan; that the master plan will not include a request for additional City land; that the entire project will be completed on the existing Mote Marine leased site; however, the master plan will propose an expansion of the Marine Mammal Center which is currently on property leased from the City; that the traffic BOOK 52 Page 23624 08/05/02 6:00 P.M. BOOK 52 Page 23625 08/05/02 6:00 P.M. signal addresses the entire build-out for the site; that the only traffic improvement required for the entire build-out is a traffic signal at the intersection of Ken Thompson and John Ringling Parkways; that Mote Marine agrees to commence installation of the traffic signal no later than May 1, 2003; that Mote Marine has no intention of asking the City for any land on City Island which is devoted to park uses; however, as a tenant, Mote Marine would like the opportunity to provide a proposal to obtaining existing tenant space which may be vacated in the future. Attorney Patten referred to the City Staff report included in the Agenda backup material and stated that City Staff found the proposed Keating Center consistent with the City's Comprehensive Plan and the City's concurrency regulations; that all the conditions of the approval process have been met; that several supporters for the Keating Center are present in the audience. Commissioner Servian asked if the future expanded area of the Marine Mammal Center will be open to the pubic and if increased public use of the expanded building will occur? Attorney Patten stated that the Marine Mammal Center is currently on property leased by the City and is open to the public. Mr. Bebak stated that portions of the addition to the Marine Mammal Center will be public areas and portions will be research areas; that the majority of the area will be research related; that existing Lagoons and tanks currently are covered with shade cloth; that the building addition will be similar to the proposed Keating Center; that a portion will contain a visitor area to explain the Marine Research Mammal Center and the entire third floor will be provided for Mote Marine staff; that crowded conditions and substandard areas currently exist for staff in the Marine Mammal Center; that hiring additional staff is not anticipated; that the addition to the Marine Mammal Center will be to better manage the existing facility. Commissioner Servian stated that 56 percent of Mote Marine is devoted to research as indicated earlier in the presentation; that the intensification of public uses is a concern; that the area is already overburdened with traffic which is not just visiting Mote Marine; that any addition to the site will increase the existing traffic issues; and asked if Mote is prepared to commit to the City the continuation of increased research rather than public use? Mr. Bebak stated that percentages have been supplied to City Staff concerning future growth as part of the master planning process of Mote Marine; that the Marine Mammal Center is the only physical building which will have an enlarged public component; that the other areas are smaller additions including remodeling of areas for research; that the shark research program requires additional space; that Mote Marine will always maintain a high percentage dedicated to research. Commissioner Servian stated that one goal of Mote Marine is to increase the number of visitors to 400,000 annually; and asked the number of current visitors and the estimated time Mote Marine anticipates reaching the goal of 400,000 visitors annually? Mr. Bebak stated that the number of visitors to Mote Marine has decreased over the past two years due to the decline in tourism; that 386,000 visitors attended Mote Marine in 2001 including school groups and special event activities. Attorney Patten stated that completion of the master plan may cause the annual number of visitors to increase to 500,000; that the increase in visitors will not create additional traffic problems due to Mote Marine's hours of operation; that visitors do not visit Mote Marine during peak hours of high volumes of traffic; that the visitors are evenly distributed from 9 a.m. until 5 p.m.i that a large number of visitors arrive by school bus or tour bus which actually reduces the traffic impact; that the traffic study conducted for the entire build-out of Mote Marine including the Marine Mammal Center indicated very little traffic impact; that the only requirement of the traffic study which addressed the entire build-out is the installation of a traffic signal at the intersection of Ken Thompson and John Ringling Parkways; that the majority of the traffic problems currently are due to circulation from the mainland through St. Armands Circle to Longboat Key; that the Ken Thompson Parkway users have a minimal impact on the current stream of traffic. Commissioner Servian stated that multiple events on City Island impact the current traffic situation; that as a resident of St. Armands Key, she is aware of the volume of traffic through the area; that the impervious surface coverage and waterfront setback are concernsi and asked if the design of the first floor of the proposed Keating Center could be compressed to decrease the coverage of the pervious surface in such a sensitive location as the bayfront? BOOK 52 Page 23626 08/05/02 6:00 P.M. BOOK 52 Page 23627 08/05/02 6:00 P.M. Attorney Patten stated that the proposed Keating Center was reduced from 23,000 to 15,627 square feet in an effort to compress the pervious surface coverage; that the shoreline of the proposed site is very degraded; that a significant number of mangroves will be planted and riprap will be installed to stabilize the shoreline; that the improvements will benefit the shoreline; that the extent of the impervious surface coverage can be address during rebuttal. Vice Mayor Palmer asked if Mote Marine is willing to participate in the Transportation Management Organization (TMO) ? Mr. Bebak stated that a meeting was held with the Executive Director of the TMO; that solutions to several transportation issues were discussed; that the transportation issues are attributed to other areas including, but not limited to, Mote Marine. Vice Mayor Palmer asked if the master plan for Mote Marine will be completed prior to implementing Phase II of the proposed project? Attorney Patten stated that the master plan for Mote Marine will be completed prior to the Phase II approval; that both may be brought before the Commission for approval at the same time; however, the Commission will have the opportunity to review the entire master plan before making a decision concerning any additional improvements to Mote Marine. Vice Mayor Palmer asked if the necessary language regarding the completion of the master plan preceding any new proposals by Mote Marine is included in the Development Agreement? City Attorney Taylor stated yes. Vice Mayor Palmer asked if the intrastructure requirements indicated in the concurrency report by the Engineering Department are also included in the Development Agreement? Attorney Patten stated yes. Vice Mayor Palmer asked if Mote Marine is willing to stipulate to participating with the City in the long-range master plan for Ken Thompson Park and City Island? Attorney Patten stated 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 displayed on the Chamber monitors throughout the presentation; and stated that Mote Marine must participation in the master plan process for City Island and Ken Thompson Park as a requirement of the major conditional use application if the City expands the current master plan; that the City Attorney's Office could expand the language to include participating in the TMO; that the approvals requested by Mote Marine, are as follows: A. Major Conditional Use Application No. 02-CU-07 Site Plan Application No. 02-SP-24 Ms. Murphy stated that Major Conditional Use Application No. 02-CU-07 and Site Plan Application No. 02-SP-24 as incorporated in proposed Resolution No. 02R-1522 is to allow the operation of a proposed three-story education center, a/k/a "The Keating Center," Phase I, as a leasehold use operated by Mote Marine within the existing leasehold at Ken Thompson Park; that a companion development application for rezoning and a site plan has been filed by Mote Marine to allow the construction and operation of a leasehold use in the Governmental Use (G) Zone District within a + .55 acre portion of the existing leasehold of Mote Marine along the northern boundary of Ken Thompson Parkway; that the proposed education center consists of two distance learning video conferencing studios, education staff offices, a conference room equipped with video technology, and offices for the marine operation staff of Mote Marine. Ms. Murphy referred to the Agenda Request form in the Agenda backup material indicating that at its June 5, 2002, meeting continued to July 3 and 10, 2002, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found Major Conditional Use Application No. 02-CU-07 and Site Plan Application No. 02-SP-24 as incorporated in proposed Resolution No. 02R-1522 consistent with the City's Comprehensive Plan, the standards for review set forth in the Loning Code (1998 ed.) and the Tree Protection Ordinance, and voted unanimously to recommend Commission adoption of proposed Resolution No. 02R-152 subject to the following conditions: 1. Commission approval of Resolution No. 02R-1523 concerning Governmental Use (G) Zone District Waiver Application Nos. 02-GZW-03, -04 and -05; 2. Commission approval of the Fifth Amendment to the Lease Agreement between the City and Mote Marine; BOOK 52 Page 23628 08/05/02 6:00 P.M. BOOK 52 Page 23629 08/05/02 6:00 P.M. 3. Commission approval of the Development Agreement incorporated in Application No. 02-DA-01; and 4. Mote Marine participation in the preparation of the master planning process for Ken Thompson Park. B. Government Zone Waivers Application No. 02-GZW-03, -04, and -05 Ms. Murphy stated that Governmental Use (G) Zone Waiver Application Nos. 02-GZW-03, -04, and -05 as incorporated in proposed Resolution No. 02R-1523 is to approve waivers from the development standards applicable to front and waterfront yard setbacks, on-site parking requirements, and maximum lot coverage regulations for the proposed Keating Center; that the necessary waivers are: Zone Waiver Application No. 02-GZW-03 for a waiver of 27.4 feet from the required 30-foot front yard setback and a waiver of 30 feet from the required 300- foot waterfront yard setback; G Zone Waiver Application No. 02-GZW-04 for a waiver the provision of 44 paved on-site parking spaces, plus one loading space, out of a total of 57 required on- site parking and one required loading zone space a minimum of 13 on-site parking spaces will be provided; and G Zone Waiver Application No. 02-GZW-03 for a waiver from the maximum 25-percent lot coverage regulation applicable to the proposed Keating Center to allow a maximum of 40.8 percent of lot coverage. Ms. Murphy referred to a computer-generated slide displayed on the Chamber monitors of the Future Land Use Map and stated that Gulfwind Marine is designated in the Community Commercial Future Land Use Classification; that the areas south and east of Gulfwind Marine are Mote Marine areas which are designated in the Community Office/Institutional Future Land Use Classification; that other areas on City Island are also designated as Open Space-Recreation-Conservation Future Land Use Classification and will be discussed in detail as the Ken Thompson Park and City Island master plan develops; that the Commission has indicated no further encroachment on the Open Space-Recreation-Conservation Future Land Use Classification areas on City Island should be allowed; that the on-balance consideration for the proposed Keating Center was long and involved; that City Staff involved teams of people to discuss long-term transportation strategies, traffic studies, and proposed changes to the Keating Center; that the State approved the originally proposed Keating Center which actually cantilevered into the mean high tide waterline; that City Staff and Mote Marine developed a proposal to scale back the initial building plans; that the odd configuration of the parcel and existing structures are well below FEMA standards; that Mote Marine could have slowly repaired the structures; however, City Staff preferred the entire site be brought up to all code requirements at one time; that the use as conditioned will not have a significant adverse impact on the livability and usability of the nearby lands. Ms. Murphy continued that the history of the designated RSF-1 Zone District was well presented by legal counsel for Mote Marine; that the residential unit above the New Pass Bait Shop no longer exists; that the parking was thoroughly evaluated to limit an intense impact to the area; that parking in the area is problematic; that new striping and circulations should be considered for the parking areas shared by the Pelican Man's Bird Sanctuary, Sarasota Ski-A-Rees, Inc., and Mote Marine; that the overall impact of parking on City Island has not had an overflow effect into the Open Space-Recreation-Conservation Future Land Use Classification areas. Ms. Murphy further stated that the setback and lot coverage wavier justifications have been weighed against the odd configuration of the parcel, the least impact to the area, flood proofing the structure, and safety; that the City's Comprehensive Plan encourages water-related uses be located near the water; that City Staff recognized details such as the Eugenie Clark staff of Mote Marine should be situated near the R/V Eugenie Clark. Ms. Murphy referred to the computer-generated slide displayed on the Chamber monitors depicting the shoreline of the proposed site and stated that the Gulfwind Marine boat storage is located to the west of the proposed Keating Center; that the proposed Keating Center has been superimposed to provide a view depicting size and scale relative to the surrounding buildings; that the roofline of the proposed Keating Center will not have a significant impact to the area. C. Development Agreement Application No. 02-DA-01 BOOK 52 Page 23630 08/05/02 6:00 P.M. BOOK 52 Page 23631 08/05/02 6:00 P.M. Ms. Murphy stated that proposed Development Agreement Application No. 02-DA-01 between the City and Mote Marine includes transportation concurrency requirements for Phase II of the proposed Mote Marine Master Plan; that Phase I described in the Development Agreement pertains solely to The Keating Center, which meets all requirements for concurrency, inclusive of transportation; that the traffic concurrency for the Keating Center was originally contingent upon installation of a traffic signal; however, traffic impacts were reduced resulting in a finding of de minimis impact as the proposed Keating Center was scaled back and the proposed Development Agreement was finalized; that a traffic signal is not required for purposes of traffic concurrency for the Keating Center; however, the intersection at Ken Thompson and John Ringling Parkways is not meeting the City's Comprehensive Plan policies dealing with traffic circulation and is experiencing significant time delays of vehicles entering and exiting the intersection; that the changes reflected in the proposed Development Agreement include compliance with all concurrency requirements without any transportation improvements; however, the Development Agreement requires completion of a traffic signal at the intersection of Ken Thompson and John Ringling Parkways no later than prior to the issuance of the first building permit for the Phase II Marine Mammal Center expansion project. Ms. Murphy referred to an August 1, 2002, letter from the Mayor of the Town of Longboat Key regarding the impact of a traffic signal at the intersection of Ken Thompson and John Ringling Parkways affecting the section of roadway within their jurisdiction and stated that the letter indicates a desire for the completion of the traffic signal by May 2003; that the Development Agreement language has been changed to reflect the commencement of the traffic signal rather than the completion of the traffic signal by May 2003 as a result of the new de minimis determination concerning the proposed Keating Center; that the Town of Longboat Key desires inclusion in the process of evaluating the road improvements and turn-lane project; that all pertinent documentation relating to the project has been forwarded to the Public Works Department of the Town of Longboat Key, which is encouraged to participate in the process of evaluating the road improvements; that delaying the requirement of a traffic signal to include the Town of Longboat Key is a concern. Commissioner Martin asked if buses bringing visitors to Mote Marine are parked on site of the leasehold? Ms. Murphy stated yes; that the parking for buses is also a concern to City Staff; that improvements to mass transit to City Island are necessaryi that Sarasota County Area Transit (SCAT) does not provide service to City Island due to the time delays of exiting off of Ken Thompson Parkway; that SCAT could provide a hub on City Island with the addition of the traffic signal; that a potential location for a water taxi has been discussed with Mote Marine; that a common goal is to provide several mass transit opportunities for the City Island area throughout the master planning process; that the master plan for Ken Thompson Park has identified the leaseholds on City Island and only addresses citizens' concerns of expansion; that the master plan for Ken Thompson Park has also been updated to include capital improvements along Ken Thompson Parkway and improvements to Ken Thompson Park; that the misconception is citizens believe the current master plan covers uses and parking strategies which do not currently exist in the master plan for Ken Thompson Park; that a number of leaseholders have expressed an interest in forming an association; that City Staff has encouraged the leaseholders to view City Island as a unified area. Commissioner Servian asked the manner in which runofis are being captured sO close to the waterfront with sO much of the pervious surface being covered without polluting the bay? Ms. Murphy referred to the site plan of the proposed Keating Center included in the Agenda backup material and stated that a stormwater detention and treatment facility will be located on west side of the proposed Keating Center, is required to meet all Southwest Florida Water Management District (SWFWMD) and Federal requirements for discharging into the bay, and has been reviewed by City Staff for the preliminary ability to meet SWFWMD and Federal requirements; that major modifications to the proposed stormwater detention and treatment facility will be brought before the Commission. Commissioner Martin asked if a new seawall will be constructed on the beach area or if the area will be strictly riprap and mangroves? Ms. Murphy stated that the understanding is some type of a retaining wall may be constructed with the riprap but not a seawall. BOOK 52 Page 23632 08/05/02 6:00 P.M. BOOK 52 Page 23633 08/05/02 6:00 P.M. Mayor Mason requested that Affected Persons come forward; and the following Affected Person came before the Commission: Stewart Cassell, 1240 Center Place (34236), stated that he is currently a resident of Lido Shores and on the Board of Directors of the Lido Shores Property Owners Association; that the Planning Board/Local Planning Agency (PBLP) is commended for requiring a traffic signal at the intersection of Ken Thompson and John Ringling Parkways as a condition of the proposed Mote Marine project; that the Lido Shores community is the most residential area impacted by the proposed Mote Marine project; that the traffic problems are not a result of the Mote Marine entrance; that the traffic problem is the flow to and from St. Armands and Longboat Keys; that several elderly residents in the Lido Shore community experience difficulty entering northbound on John Ringling Parkway toward Longboat Key or southbound toward St. Armands Circle; that the traffic signal will allow the continuous traffic flow to stopi that a recent article in the Longboat Observer implied Mote Marine is not required to complete the traffic signal within a certain timeframe or as a part of the conditions to construct the proposed Keating Center; that the Longboat Observer indicated the traffic signal is no longer required due to the reduction in the size of the proposed Keating Center; that legal counsel for Mote Marine indicated the traffic signal will be installed on or before May 1, 2003; however, City Staff indicated the commencement of construction of the traffic signal will be on or before May 1, 2003; and asked for clarification from City Staff. Ms. Murphy stated that construction of the traffic signal will commence on or before May 1, 2003; that the traffic signal is not a concurrency requirement for the proposed Keating Center; however, the traffic signal will be a concurrency and circulation issue for the Phase II Marine Mammal Center expansion project; and quoted Section 7(A) (1) of the proposed Development Agreement as follows: The Traffic Signal Project estimated time from the commencement of construction to completion of the of the Traffic Signal Project is 180 days. The Traffic Signal Project shall be completely constructed and fully operational prior to the issuance of the first building permit for any component of Phase II of the Project. Ms. Murphy stated that the language applies to any project other. than the proposed Keating Center; that language keeps the traffic signal project moving forward and establishes a reasonable time line for design and input from the Town of Longboat Key. Mr. Cassell stated that several meetings with Mote Marine and traffic engineers have been attended; that designing and constructing an on-demand traffic signal which will be coordinated with the New Pass Bridge traffic and the traffic signal at the Chart House restaurant was discussed; that Mote Marine should be required to install the traffic signal by a fixed date; that traffic is not de minimis. Ms. Murphy stated that the Development Agreement does not prohibit Mote Marine from completing the installation of a traffic signal prior to May 1, 2003; that the Keating Center should not be penalized since the traffic signal is no longer a concurrency requirement for the Keating Center; that City Staff recognizes the large volume of traffic in the area; however, the concurrency study indicated traffic caused by only the Keating Center was de minimis. Mr. Cassell stated that Mote Marine's efforts are highly supported and commended as a neighbor to the Lido Shores community; that installing the traffic signal on or before a date certain is requested. Mayor Mason requested that interested persons come forward; and the following interested persons came before the Commission: Charles Bailey, law firm of Williams, Parker, Harrison, Dietz & Getzen, 200 South Orange Avenue (34239), stated that he is familiar with the neighborhood near Mote Marine and has followed the evolution of Mote Marine from Siesta Key to the present location; that residents living on the mainland enjoy participating in Mote Marine activities; that Mote Marine has been provided the opportunity to realize its manifest destiny at the City Island location next to other amenities which distinguish Sarasota from any other place in the world; that the proposed Keating Center fits with other area attractions such as museum, the symphony, the opera, multiple theatres, the Selby Botanical Gardens, and sporting events; that several cities would be thrilled to have a new prison come to town to promote economic development; however, Sarasota has much higher standards and is very exited about the proposed Keating Center; that impacts associated with the proposed Keating Center are relatively benign; that the proposed Keating Center will add to BOOK 52 Page 23634 08/05/02 6:00 P.M. BOOK 52 Page 23635 08/05/02 6:00 P.M. the quality of life in the City; that the Commission should attempt to accommodate the facility. Bill Couch, 1945 Fruitville Road (34236), representing the Sarasota Chamber of Commerce, stated that the Sarasota Chamber of Commerce (Chamber) rarely speaks publicly concerning an individual development project; however, the importance of the proposed Keating Center has compelled the Chamber to come forward and speak briefly about the merits of Mote Marine; that Mote Marine is a valued component of the City's local economy by having infused more than $125 million into the local economy since moving to City Island in 1978; that Mote Marine has been a responsible community institution and a friend to the City and its residents; that the proposed Keating Center will be a replacement building with the primary function of providing information to students by way of video conferencing; that Mote Marine officials have confirmed the location of the proposed Keating Center is critical to the proximity of the research facilities and vessels; that having Mote Marine in the City is a source of pride; that the Commission is urged to approve the project as an important addition to community. Dr. Randall Wells, 1600 Ken Thompson Parkway (34236), stated that the educational mission of Mote Marine is supported; that he began as a Mote Marine volunteer 32 years ago as a senior at Riverview High School; that Mote Marine provided the opportunity and interest in marine science which enabled him to obtain a Masters and PhD in zoology and biology; that he currently serves as Director of Marine Mammal and Sea Turtle Research for Mote Marine; that Mote Marine has had the opportunity to develop the world's longest running research program involving dolphins; that a great deal of knowledge has been obtained from studying the animals in the waters of Sarasota; that Mote Marine has provided the opportunity to share research information with colleagues and the general public around the world; that major funding has been obtained through the Distance Learning Program to disseminate information throughout the State; that Mote Marine is in a critical position and will be able to make a difference in the lives of dolphins not just in Sarasota but also dolphins all over the world; that taking advantage of the new technology available through Mote Marine and the proposed Keating Center will allow the goal of the research of dolphins to come true; that Commission support for. the proposed Keating Center is desired. John Lacivita, 2902 Hyde Park Street (34239), stated that he is a native of Sarasota and a former Sarasota Ski-A-Rees participant; that Mote Marine has developed over the years; that the proposed Keating Center will enhance the community; that Mote Marine is not the only contributing factor to the growth of the surrounding area; that Commission support for the proposed Keating Center is requested. Doug O'Connell, 6623 Glades Way (34231), a science teacher from Booker High School, stated that Booker High School partnered with Mote Marine and implemented an Environmental Academy approximately two years ago; that ninth graders are bused to Mote Marine monthly to learn the different research areas offered; that the current facilities at Mote Marine are very antiquated and confined; that the proposed Keating Center would be an improvement for Mote Marine; that several students from Booker High School are involved with Mote Marine as volunteers and mentors on the weekends and during the summers; that Booker High School and Mote Marine recently developed and received a Distant Learning Grant to enable student involved with a manatee conservation project; that the project could reach many of the elementary schools in Sarasota County through distant learning; that video technology is an opportunity to reach out to people without people physically coming to the laboratory; that the proposed Keating Center is a win-win-win situation; that the proposed Keating Center is a win for students by having the ability to reach out to students in other communities, for Mote Marine to maintain a leadership position in Sarasota, and for the City; that the Commission is encouraged to show strong support for educational excellence by voting in favor of the proposed Keating Center. David Sessions, 2902 Hyde Park Street (34236), stated that the growth of Mote Marine has been monitored for the past 14 yearsi that Mote Marine is a large component of the City; that the proposed Keating Center is supported. Maria Martinez, 4001 Beneva Road, Apartment No. 409 (34233), a high school intern at Mote Marine, stated that the proposed Keating Center will be beneficial to the community; that learning about marine biology is very important for students living on the coast of Florida. BOOK 52 Page 23636 08/05/02 6:00 P.M. BOOK 52 Page 23637 08/05/02 6:00 P.M. Eugenie Clark, 1255 Gulf Stream Avenue (34236), stated that the proposed Keating Center is supported; that she is the most knowledgeable person regarding the history of Mote Marine as the first director of Mote Marine, formerly known as the Cape Haze Marine Laboratory in Placida, Florida; that she formerly taught at the University of Maryland for 35 years and is now a City resident; that Mote Marine developments are impressive; that teaching a distance learning course at Mote Marine to four different campus last year was exciting; that the ability to teach from such a small space to sO many students is impressive; that Mote Marine is currently an inadequate facility but beautifully run; that the proposed Keating Center will be a wonderful facility for education; that the opportunity to bring distance learning to other areas of the world is an extraordinary way of spreading information; that Mote Marine began with a one-room, wooden-shack in 1955; that the proposed Keating Center will not require a large staff; that the current staff will have the ability to manage the new facility efficiently without additional parking spaces or crowds; that the proposed Keating Center is a unique educational center which is highly supported. Paul Hartman, 457 Jackson Drive (34236), stated that the proposed Keating Center is before the Commission due to the foresight and generosity of a previous Commission which fought to keep Mote Marine in the Cityi that the City is fortunate to have and is the benefactor of Mote Marine; that several supporters of Mote Marine such as the Ringlings, the Selbys, the Goldsteins, and the Keatings are commended; that St. Armands Key residences are close to Mote Marine; that Mote Marine, Longboat Key, and other factors contribute to the traffic situation and to the success of St. Armands Circle; that the continued support of Mote Marine by the Commission is requested; that the home adjacent to his residence is approximately 12,000 square feet and far surpasses the scale in size proposed by Mote Marine; that several homes on St. Armands Key have more square footage than the proposed Keating Center; that the size of the proposed Keating Center should not be an issue; that the quality of life is enhanced by Mote Marine and is the reason everyone wants to come to the City; that Mote Marine is one of the institutions which makes the City a wonderful place in which to live; that future support for Mote Marine is appreciated. Ben Traves, 1060 Delacroix Circle, Nokomis (34275), stated that he has been involved with activities at Mote Marine since 10 years of age, was a high school intern at Mote Marine last year, and is currently employed by Mote Marine for the summer; that appreciation is expressed to the PBLP for voting in favor of the proposed Keating Center; that the hope is the Commission will follow the recommendation of the PBLP and approve the proposed Keating Center; that the remainder of the Mote Marine Phase II Marine Mammal Center expansions is extremely important to the community; that students depend on the Commission to vote for Mote Marine which will provide expanded learning opportunities. John Redgrave, Mayor of the Town of Longboat Key, Town Hall, Town of Longboat Key, (34228), referred to the August 1, 2002, letter from the Town of Longboat Key to the City regarding concerns of proposed expansions to Mote Marine and stated that the Longboat Key Commission held a special meeting to discuss the traffic situation and the proposed Keating Center; that the Town of Longboat Key does not oppose Phase I of the Mote Marine project but requests delaying approval of Phase II of the Mote Marine project until the opportunity to consider the traffic flow from US 41 to Longboat Club Drive has occurred; that the Town of Longboat Key is viewed as a traffic corridor requiring improvement and desires the opportunity to discuss traffic issues affecting the Town of Longboat Key with the City before an impediment to traffic flow is added and the possible impact of an additional traffic signal; that the Town of Longboat Key was unaware a study was conducted and a traffic signal was recommended until recently; that a traffic study was conducted in the late 1990s which concluded a traffic signal was not warranted at the intersection of Ken Thompson and John Ringling Parkways; however,, the traffic has changed in the last several years; that 2001 was one of the worst traffic years experienced by the Town of Longboat Key; that working together to resolve the traffic situation is recommended. Commissioner Martin recognized Jeremy Whatmough, Commissioner of the Town of Longboat Key, present in the audience. Peter Smith, Managing Member of MarineMax of Sarasota LLC d/b/a Gulfwind Marine, 2364 Burton Lane, (34239), stated that Mote Marine and the proposed Keating Center border the leasehold property of Gulfwind Marine; that Mote Marine is a wonderful component of the community; that the progression of the proposed Keating Center has been monitored and is supported; that the accessibility of the Commission which enables Gulfwind Marine to BOOK 52 Page 23638 08/05/02 6:00 P.M. BOOK 52 Page 23639 08/05/02 6:00 P.M. participate in long-term master planning of City Island and Ken Thompson Park is appreciated. Veronica Brady, 2139 Brookhaven Drive, (34239), stated that she is a member of the Mote Marine Advisory Board, a member of the Mote Marine Long-Range Planning Committee, a City resident who commutes daily to the Town of Longboat Key, and the representative for an informal group of citizens concerned about traffic; that the Keating Center is vital to the Distance Learning Program which assists and impacts children around the County, the State, and the World; that consideration and support for the proposed Keating Center is appreciated; that consideration for the traffic signal at the intersection of Ken Thompson and John Ringling Parkways provides the City of Sarasota, the Town of Longboat Key, and all affected stakeholders an opportunity to partner together on traffic issues from the south end of the Town of Longboat Key to US 41; that the south end of the Town of Longboat Key to US 41 is one of the most important scenic corridors in Sarasota County; that partnering on traffic issues is critically important as the long-range master planning develops Ken Thompson Park; that commencing the construction of the traffic signal at the intersection of Ken Thompson and John Ringling Parkways by May 1, 2003, does not provide adequate time for all stakeholders to consider different alternatives; that consideration of the request from the Town of Longboat Key would be appreciated; however, limiting the expansions of Mote Marine is not desired; that the Commission should consider partnering with all affected stakeholders including the Town of Longboat Key, St. Armands Key residents and merchants, Sarasota residents with a vested interest in the Town of Longboat Key, and City Island tenants to develop a long-term traffic solution for the south end of the Town of Longboat Key to US 41. R.K. Mattern, 2400 Wood Street, (34237), was no longer present in the Chambers. Michael Melnick, 1931 Irving Street, (34236), deferred from speaking. Deputy City Auditor and Clerk McGowan stated that no other interested persons have signed up to speak. Mayor Mason requested that the Applicant come forward for rebuttal. Attorney Patten stated that Mr. Melnick spoke in favor the proposed Keating Center before the PBLP and his support should be on record; that Site Plan Application No. 02-SP-24 indicates the impervious surface is 63.5 percent of the site; that the proposed Keating Center is elevated; that installing shell under the building was originally considered; however, shell would hinder the unloading of heavy equipment and is not a feasible alternative; that the area under the building will be paved and therefore contributes to the percentage of the impervious surface; that a stormwater system does not currently exist on the proposed site; that Site Plan Application No. 02-SP-24 requires a stormwater detention and treatment facility be constructed to meet all Southwest Florida Water Management District (SWFWMD) and Federal standards for discharging into the bay; that the current stormwater problems on the site will no longer exist after the construction of the proposed Keating Center; that the Florida Department of Environmental Protection (FDEP) has approved the proposed site plan. Attorney Patten continued that the proposed Development Agreement indicates the traffic signal will be under construction no later than May 1, 2003, with an estimated completion time of 180 days; that Mote Marine is willing to commit to a completion date for installation of the traffic signal; that discussions have been held with the City Attorney's Office; that the Development Agreement could be modified to include language for a completion date as follows: the traffic signal project shall be under actually construction no later than May 1, 2003 and completed no later than [specify date] 2004 Vice Mayor Palmer stated that completing the traffic signal project in 2004 is more than 180 days. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that 180 days does not allow sufficient time to obtain permitting for the traffic signal project; that the Director of Engineering/City Engineer suggested a completion date of May 1, 2004; that permitting for the traffic signal project may take in excess of 270 days. Commissioner Martin stated that May 1, 2004, is a full year as opposed to the estimated 270 days. BOOK 52 Page 23640 08/05/02 6:00 P.M. BOOK 52 Page 23641 08/05/02 6:00 P.M. Commissioner Quillin stated that the traffic signal project should be completed prior to the 2003/04 tourist season. Attorney Patten stated Mote Marine is willing to stipulate to a date the traffic signal can be reasonable installed. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the installation of a traffic signal takes a long time; that the poles and mast arm are specially designed and custom built for the intersection; that a six-month minimum of backlog currently exists in the industry which manufactures the poles and mast arm; that the poles and mast arms are not all the same size; that 270 days or one year is a reasonable time frame. City Manager McNees stated that a terminology problem exists with construction in terms of the proposed Development Agreement; that the proposed Development Agreement does not prevent Mote Marine from designing, preparing, ordering, and permitting the traffic signal prior to May 1, 2003; that the estimate of time to physically construct the traffic signal should be clarified. Mr. Daughters stated that an estimated time to physically construct the traffic signal is six months; that permitting approvals from FDOT and the US Coast Guard take several months; that the poles cannot be manufactured prior to obtaining the required permits; that the manutacturer will not want to make a change to the design of the poles or mast arm if later required by the permits; that coordinating the traffic signal with the opening of the bridge by the US Coast Guard will require time. City Manager McNees stated that the issue is the May 1, 2003, date to commence construction rather than the completion date; that construction of the traffic signal cannot be commenced if permitting is not accomplished by May 1, 2003. Mr. Daughters stated that if the Commission approves the proposed Keating Center at this time, Mote Marine could persue permits immediately and be very close to commencing construction of the traffic signal by May 1, 2003. Commissioner Servian asked the reasonable time necessary before the traffic signal can be operational if the proposed Keating Center is approved and the permitting process is immediately commenced? Mr. Daughters stated that a reasonable time to obtain the necessary approvals and construct the traffic signal is approximately eight months; that commencing construction of the traffic signal on May 1, 2003, is a reasonable, but somewhat tight, date. Commissioner Quillin asked the manner in which the warrants for the traffic signal were met? Mr. Daughters stated that the specific warrants which were met are unknown at this time; however, the main difference from the traffic study conducted in the late 1990s is the City asked FDOT to take traffic counts during the peak time use of City Island; that the peak times included traffic counts from 5 to 6 p.m. on weekdays and peak times on weekends; that the traffic count met warrants. Commissioner Quillin asked the reason the original traffic study did not meet warrants? Mr. Daughters stated that the specifics cannot be recalled. Attorney Patten stated that approving the proposed Development Agreement sO Mote Marine can immediately begin the permitting process is requested; that time is available to meet with the Town of Longboat Key prior to the installation of the traffic signal; that the proposed Development Agreement provides for a process of amendment or an extension if other alternatives to the traffic signal are available or permitting has not been obtained; that the Commission is urged to support the proposed Keating Center. Commissioner Martin asked the manner in which the shoreline and riprap will be treated. Attorney Patten stated that a seawall will not be built; that a line of riprap will be constructed with native vegetation to stabilize the shoreline. Commissioner Martin asked if native vegetation will be planted in the water? Attorney Patten stated that mangroves will be planted along the shoreline to create a vegetative buffer; that a heavy line of mangroves will be planted between the riprap and the structure. BOOK 52 Page 23642 08/05/02 6:00 P.M. BOOK 52 Page 23643 08/05/02 6:00 P.M. Commissioner Martin stated that green architecture design standards could be utilized for the proposed Keating Center; asked if green architecture design has been considered as a part of the design? Mr. Bebak stated that Mote Marine is extremely scrutinized by fellow peers regarding environmental protection; that Mote Marine anticipates incorporating green architecture, retention, and filtration in the proposed development and the future master plan; that the budget for the proposed Keating Center is limited. Attorney Patten stated that Mote Marine is open from 10 a.m. to 5 p.m., 365 days a year as clarification to the previously mentioned hours of operations; that several donors have contributed to the proposed Keating Center including the State, which requires the proposed Keating Center be constructed by April 2003; that all funding must be exhausted prior securing the State's matching funds; that the State's requirement adds urgency to commencing the project. Mayor Mason requested that the Affected Person come forward for rebuttal. Mr. Cassel stated that no rebuttal is necessary. Mayor Mason requested that the City come forward for rebuttal. Ms. Murphy stated that times frames are indicated in both the conditional uses and the proposed Development Agreement; that the definition of actual construction of the traffic signal is the major issue; that the term "actual construction" is a State Statutory requirement for Development Agreements; that the City's term for "actual construction" is moving dirt rather than approvals; that the proposed Development Agreement should provide Mote Marine with a reasonable time frame to construct the traffic signal as soon as possible; that the May 1, 2003, commencement and the May 1, 2004, completion of the traffic signal is the worse case scenario; that the proposed Development Agreement can be amended to shorten or lengthen the time frames. Commissioner Martin asked for comment concerning the suggestions regarding partnering of the Town of Longboat Key and the City in traffic management and the possibility of delaying the traffic signal installation. Mr. Daughters stated that City Staff will work with the Public Works Director of the Town of Longboat Key regarding traffic management; however, the intersection for the traffic signal is a State highway; that the City will be involved in a small portion of traffic measures for the road; that the City anticipates working closely with the design engineer for Mote Marine, the US Coast Guard, and the Town of Longboat Key. Commissioner Servian stated that not requiring Mote Marine to install the traffic signal by a specific time was indicated earlier in the presentation; that installing the traffic signal as soon as possible is desired; that the shortest reasonable date for the installation should be included in the Development Agreement; that the traffic at the corner of Ken Thompson and John Ringling Parkways is horrific; that accessing John Ringling Parkway during storms is critical; that residents of the Lido Shores development have gotten out of their cars to stop traffic to evacuate during a storm; that the traffic congestion should be mitigated; that the suggestion to form a partnership to address the traffic situation is supported; that the ultimate solution is to build a bridge from the Town of Longboat Key to the mainland; that the environmental impacts of the proposed Keating Center are a serious concern; that the limitations of the site are understood. Ms. Murphy stated that the circulation problems and the need for a traffic signal at the intersection of Ken Thompson and John Ringling Parkways also concern City Staff. Vice Mayor Palmer stated that the proposed Keating Center does not require a traffic signal; that traffic concurrency for the signal is tied to the approvals of the Phase II Marine Mammal Center expansion project; that no other party except Mote Marine is participating in the installation of the traffic signal; that Mote Marine's agreement to participate in the TMO and the Ken Thompson Park and City Island Master Plan should be in writing. Ms. Murphy quoted Section (f) of proposed Resolution No. 02R-1522 as follows: In consideration of the fact that it is the intent of he City Commission to prepare a master plan for Ken Thompson Park, Mote agrees to participate in the master planning process by working with the City of Sarasota and other lessees of City located within Ken Thompson Park to develop BOOK 52 Page 23644 08/05/02 6:00 P.M. BOOK 52 Page 23645 08/05/02 6:00 P.M. the Ken Thompson Park Master Plan addressing parking and other issues common to the lessees. Ms. Murphy continued that the City Attorney's Office could add a sentence to require Mote Marine to participate in the TMO. Vice Mayor Palmer stated that Mote Marine's agreement to develop a master plan prior to any approval for the Phase II Marine Mammal Center expansion project should be in writing. Ms. Murphy stated that language concerning participation in the master plan is currently in the proposed Development Agreement. Commissioner Quillin stated that participation of the St. Armands Circle and Lido Shores residents is necessary in developing the Ken Thompson Park and City Island Master Plan; that involving the Town of Longboat Key and residents of Lido Key in the developing the Ken Thompson Park and City Island Master Plan should be considered. Vice Mayor Palmer stated that working with the Town of Longboat Key is supported; that the attendance of Mayor Redgrave and Commissioner Whatmough is appreciated; that the amount of money residents of the Town of Longboat Key spend in the City is appreciated. Mayor Mason requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 02R-1522 by title only. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to adopt proposed Resolution No. 02R-1522 with the addition of the participation of Mote Marine in the Transportation Management Organization as a condition of approval. Commissioner Quillin stated that in 1965, she learned the importance of research under the guidance of Dr. Eugenie Clark; that many changes in the City have been sparked by Dr. Clark, the Ringlings, the Palmers, and several other influential people; that Mote Marine has established Sarasota as a landmark in marine biology; that in 1965, scientific space study rather than marine biology was important; that the environment Sarasota has grown to appreciate was not respected; that the proposed Keating Center is supported; that voting on the major conditional use is the first step for the community to enjoy the wonderful aspects of Mote Marine. Mayor Mason requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes; Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 02R-1523 by title only. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 02R-1523. Mayor Mason requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. On motion of Commissioner Martin and second of Vice Mayor Palmer, it was moved to approve Development Agreement Application No. 02-DA-01 between the City of Sarasota and Mote Marine Laboratory and Aquarium, Inc., and authorize the execution of the Development Agreement by the Mayor and attestation by the City Auditor and Clerk. Attorney Schenk stated that Sections 7(a) (1) and (2) of Development Agreement Application No. 02-DA-01 shall be changed as follows: The Traffic Signal Project shall be completely constructed and fully operational prior to the issuance of the first building permit for any component of Phase II of the Project on or before May 1, 2004, whichever occurs first. Attorney Schenk continued that Section 8(A) of Development Agreement Application No. 02-DA-01 shall include the requirement of Mote Marine to participate in the TMO. Commissioner Servian stated that May 1, 2004, is not the earliest possible date for the completion of the traffic signal. Vice Mayor Palmer stated that May 1, 2004, is the latest date for the completion of the traffic signal. BOOK 52 Page 23646 08/05/02 6:00 P.M. BOOK 52 Page 23647 08/05/02 6:00 P.M. Commissioner Servian stated that the proposed Development Agreement does not contain language to compel Mote Marine to start or finish construction of the traffic signal sooner than May 1, 2004. City Attorney Taylor stated that the purpose of the traffic signal is to allow for the Phase II Marine Mammal Center expansion project; that the incentive will be no approval for the Phase II Marine Mammal Center expansion project without the installation of the traffic signal; that the earlier Mote Marine desires to implement the Phase II Marine Mammal Center expansion, the sooner the traffic signal must be completed. Attorney Schenk stated that initially the draft Development Agreement indicated the requirement for the completion of the traffic signal prior to the certificate of occupancy for the proposed Keating Center; that the language will be changed due to the determination the traffic impact of the Keating Center is de minimis. Commissioner Servian asked if the 180-day period beyond May 1, 2003, is too short for the construction of the traffic signal? Attorney Schenk stated that allowing Mote Marine to complete the traffic signal by May 1, 2004, addresses the 180- and 270-day time periods. Commissioner Servian stated that May 1, 2004, is well beyond 270 days; and asked if construction of the traffic signal could be completed 180 days after May 1, 2003? City Attorney Taylor stated that legally the language can be added to the Development Agreement; however, realistically the traffic signal may not be completed. Mr. Daughters stated that 180 days for completion of the traffic signal after the May 1, 2003, date is very restrictive; that 270 days for completion is a more appropriate amount of time; that November 2003 could be utilized as a completion date. Commissioner Quillin stated that the understanding was construction of the traffic signal could begin by May 1, 2003, if Mote Marine began immediately to obtain permits; that completion of the traffic signal prior to the tourist season of 2003/04 is desired; that commencement of the traffic signal by May 1, 2003, is supported; and asked the time necessary after May 1, 2003, for the traffic signal to be installed and operational? Mr. Daughters stated that Mote Marine will require until May 1, 2003, to obtain the necessary permits for the traffic signal; that the poles and mast arms can be ordered assuming all permits are obtained on or before May 1, 2003; that manufacturing the poles will take several months; that requiring the traffic signal to be installed and operational six months after May 1, 2003, is a time constraint. Vice Mayor Palmer stated that a six-month deadline with a clause providing for additional time if necessary could be added to the Development Agreement; that the Development Agreement could be amended if permitting problems occur. City Attorney Taylor stated that language to diligently pursue the installation of the traffic signal by a time certain could be added to the Development Agreement; that the date could be delayed if permits cannot be obtained through no fault of Mote Marine. Mr. Daughters stated that a 180-day deadline is reasonable if the language suggested by the City Attorney is added to the Development Agreement. Commissioner Martin, as maker of the motion, with the approval of Commissioner Servian, as the seconder, stated that the change to the Development Agreement suggested by the City Attorney is supported. Attorney Schenk stated that the deadline of November 2003 for completion of the traffic signal shall be added to the Development Agreement; that Mote Marine could make application to the City Manager to approve an extension if a difficulty in meeting the deadline is demonstrated. Mayor Mason restated and called for a vote on the motion to approve Development Agreement Application No. 02-DA-01 between the City of Sarasota and Mote Marine Laboratory, Inc., and authorize the execution of the Development Agreement by the Mayor and attestation by the City Auditor and Clerk with the changes indicated by the City Attorney's Office as follows: 1. The traffic signal project shall be constructed and fully operational prior to the issuance of the first BOOK 52 Page 23648 08/05/02 6:00 P.M. BOOK 52 Page 23649 08/05/02 6:00 P.M. building permit for the Phase II Marine Mammal Center expansion project. 2. The traffic signal project shall be completed by November 2003 and a provision will be added to allow for an extension if permits cannot be obtained through no fault of the Applicant. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 13. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE PROPOSED FIFTH AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND MOTE MARINE LABORATORY, / INC. / TO CONDITIONALLY APPROVE THE PROPOSED KEATING CENTER, ASSUMING THE CITY COMMISSION ADOPTS RESOLUTION NOS 02R-1522 AND 02R-1523 AND APPROVES THE DEVELOPMENT AGREEMENT APPROVED WITH ADDITIONAL LANGUAGE TO PREVENT MOTE MARINE LABORATORY, INC. FROM REQUESTING ADDITIONAL LAND ON CITY ISLAND DESIGNATED OPEN SPACE -RECREATION-CONSERVATION FUTURE LAND USE CLASSIFICATION AREAS, BUT NOT PREVENT MOTE MARINE FROM HAVING THE OPPORTONITY TO REQUEST FUTURE VACATED LEASEHOLDS BY OTHER TENANTS ON CITY ISLAND (AGENDA ITEM VIII-1) CD 10:11 through 10:13 Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that the Fifth Amendment to the Lease Agreement between the City of Sarasota and Mote Marine Laboratory, Inc. (Mote Marine) provides for the City, in its capacity as landlord, to conditionally approve the proposed Keating Center, as represented in the approved development applications; that updated sections of the Fifth Amendment to the Lease Agreement include compliance with the American With Disabilities Act and indemnification and insurance requirements; that the Administration recommends approval of the Fifth Amendment to the Lease Agreement. Vice Mayor Palmer stated that language indicating Mote Marine's agreement not to request additional acreage in the Open Space- Recreation-Conservation Future Land Use Classification on City Island as indicated by legal counsel for Mote. Marine should be included in the Fifth Amendment to the Lease Agreement; that the language should not prevent Mote Marine from having the opportunity to request future vacated leaseholds by other tenants on City Island. Attorney Schenk stated that the language could be added to the Fifth Amendment to the Lease Agreement. On motion of Commissioner Quillin and second of Vice Mayor Palmer, it was moved to approve the Fifth Amendment to the Lease Agreement and authorize the execution of the Amendment by the Mayor and attestation by the City Auditor and Clerk with additional language to prevent Mote Marine Laboratory, Inc., from requesting additional land on City Island designated Open Space- ecration-Conservation Future Land Use Classification areas, but not prevent Mote Marine from having the opportunity to request future vacated leaseholds by other tenants on City Island. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. The Commission recessed at 10:14 p.m. and reconvened at 10:22 p.m. 14. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) CD 10:22 through 10:28 George Peter Ryan, 241 Garfield Drive, (34236) and Melanie Goodal 11, 226 Garfield Drive, (34236), came before the Commission. Mr. Ryan referred to photographs of the Lido Beach Pool and surrounding areas displayed on the Chamber monitors throughout the presentation and stated that tourists were met on St. Armands Circle; that several tourist attractions such as Mote Marine Laboratory and Aquarium and Lido Key were recommended as places to visit; that a sign on Lido Beach indicates the property as City owned and County operated; that the County has installed an additional welcoming sign on Lido Beach which indicates refreshments, restrooms, and a telephone number of 346-2198 to contact for information; that the Siesta Key lifeguard stand is reached if the information number is dialed; that the view of Lido Beach Pool from Ben Franklin Drive is obscured by overgrown seagrape trees; that a photograph of a lizard was taken near no trespassing and no swimming signs at the Lido Beach Pool; that the architecture near the Lido Beach Pool consists of a black metal structure which stands next to a concrete structure approximately the same size; that the purpose of an additional concrete structure near the Lido Beach Pool is unknown; that the Lido Beach Pool is a disgrace. BOOK 52 Page 23650 08/05/02 6:00 P.M. BOOK 52 Page 23651 08/05/02 6:00 P.M. Mr. Ryan continued that the City has invited delegates from other nations to join the 100th Year Anniversary Celebration; that the delegates have been invited to visit Lido Keyi that the condition of the Lido Beach Pool is ludicrous; that the historic marker indicates the City's consideration to renovate the Lido Casino in the 1966s; however, the Casino was torn down in 1969 and replaced with a smaller structure; and quoted the following from author Jeff LaHurd's book entitled Sarasota, Then and Now: .Even though Sarasota voters passed a bond referendum in 1964 to remodel and restore the Casino which was raised in 1969. Mr. Ryan further referred to the photograph of the Lido Beach playground displayed on the Chamber monitors and stated that some funds for a new playground are supposed to be available from the Radisson Lido Beach as a result of the parking project; that Lido Beach is a gem of Sarasota; that the Lido Beach Pool is a disgrace to Sarasota; that a plaque under the diving board of the Lido Beach Pool is dedicated to now deceased former Mayor John Betz; that Mayor Betz was the only Commissioner who opposed the tearing down of the Casino; that the disgraceful area which is the Lido Beach Pool is dedicated to his memory; that the citizens of Sarasota are tired of the deplorable condition of the Lido Beach Pool. 15. UNFINISHED BUSINESS: ADOPTION RE: : SECOND READING OF PROPOSED ORDINANCE NO. 02-4382, CREATING THE ST. ARMANDS SPECIAL BUSINESS NEIGHBORHOOD IMPROVEMENT DISTRICT i SPECIFYING THE BOUNDARIES, SIZE AND NAME OF SAID DISTRICT i APPOINTING A THREE -MEMBER BOARD OF DIRECTORS WHO SHALL CONDUCT AND ADMINISTER THE BUSINESS AND AFFAIRS OF SAID DISTRICT; ; AUTHORIZING SAID DISTRICT TO LEVY AN AD VALOREM TAX ON REAL AND PERSONAL PROPERTY WITHIN THE DISTRICT OF UP TO 2 MILLS ANNUALLY; AUTHORIZING SAID DISTRICT, SUBJECT TO REFERENDUM APPROVAL, TO MAKE AND COLLECT CERTAIN SPECIAL ASSESSMENTS; AUTHORIZING SAID DISTRICT TO RECEIVE PLANNING GRANTS; REQUIRING SAID DISTRICT TO COMPLY WITH CERTAIN STATUTORY ANNUAL BUDGET PROCEDURES) ; GRANTING SAID DISTRICT CERTAIN ENUMERATED POWERS ; WITHHOLDING FROM SAID DISTRICT CERTAIN OTHER ENUMERATED POWER; SPECIFYING HOW DISTRICT FUNDS SHALL BE HELD; ; REQUIRING SAID DISTRICT TO PREPARE AND ADOPT BY LAWS; REQUIRING SAID DISTRICT TO PROVIDE NOTICE OF ITS CREATION TO THE DEPARTMENT OF LEGAL AFFAIRS AND THE DEPARTMENT OF COMMUNITY AFFAIRS OF THE STATE OF FLORIDA; REQUIRING THE CITY AUDITOR AND CLERK TO PROVIDE NOTICE OF CREATION OF SAID DISTRICT TO THE SARASOTA COUNTY PROPERTY APPRAISER AND TAX COLLECTOR; PROVIDING FOR THE TERMINATION OR RENEWAL OF SAID DISTRICT AFTER 10 FISCAL YEARS; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM VII-1) CD 10:28 through 10:33 Michael Connolly, Attorney, City Attorney's Office, came before the Commission and stated that proposed Ordinance No. 02-4382 concerns the creation of the St. Armands Special Business Neighborhood Improvement District including the appointment of the three-member Board of Directors; that the Commission passed proposed Ordinance No. 02-4382 on first reading at its July 15, 2002, Regular Commission meeting; that three members should be appointed to the Board of the Directors of the St. Armands Special Business Neighborhood Improvement District; that the State Statute requires staggered appointments for the Directors as follows: Number of Years Term One-year Term January 1, 200, through December 31, 2003 Two-year Term January 1, 2003, through December 31, 2004 Three-year Term January 1, 2003, through December 31, 2005 On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to appoint of Michael Valentino for a one- year term, Vicki Fry for a two-year term, and Martin Rappaport for a three-term term as the three-member Board of Directors for the St. Armands Special Business Neighborhood Improvement District and to incorporate the appointments into proposed Ordinance No. 02-4382. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 02-4382 by title only. On motion of Vice Mayor Palmer second of Commissioner Martin, it was moved to adopt proposed Ordinance No. 02-4382 on second reading. Mayor Mason requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yesi Palmer, yes; Quillin, yes; Servian, yes; Martin, yes. BOOK 52 Page 23652 08/05/02 6:00 P.M. BOOK 52 Page 23653 08/05/02 6:00 P.M. 16. BOARD APPOINTMENTS: : APPOINTMENT RE: STAR REPRESENTATIVE TO THE VAN WEZEL PERFORMING ARTS HALL ADVISORY BOARD - APPOINTED REBECCA VARLEY AS THE STUDENTS TAKING ACTIVE ROLES REPRESENTATIVE TO THE VAN WEZEL PERFORMING ARTS HALL (VWPAH) ADVISORY BOARD (AGENDA ITEM IX-1) CD 10:33 through 10:34 On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to appoint Rebecca Varley as the Students Taking Active Roles representative to the Van Wezel Performing Arts Hall (VWPAH) Advisory Board. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. 17. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM X) CD 10:34 through 11:05 MAYOR MASON: A. stated that an August 5, 2002, letter from the Florida League of Cities (FLC) was received indicating her appointment as FLC's representative to the Main Street Advisory Committee. COMMISSIONER MARTIN: A. stated that the Sarasota Bay National Estuary Program Policy Committee (Committee) meeting was attended on August 2, 2002; that a complete report will be provided on August 12, 2002; that the Committee previously decided to focus available funds on the education of youth concerning environmental issues; that a contract has been developed with Mote Marine Laboratory and Aquarium, Inc. (Mote Marine), to help develop an educational curriculum which will allow access to Mote Marine's Distance Learning Program; that some funds will be allocated for schools to obtain the technology necessary to have access to the Distance Learning Program; that one of the great hopes of the world is to educate youth concerning the environment; that the process was long but hopeful for the future. COMMISSIONER QUILLIN: A. stated that information concerning the distribution of Community Service Block Grant (CSBG) funds had been requested at the Community Action Board (CAB) and distributed two chart indicating: 148 of the 263 clients who received CSBG funds in Sarasota County from contract implementation in 1998 through May 2002 had a City of Sarasota postal address and 55 of the 101 clients who received CSBG funds between October 1, 2000, and May 31, 2002, had a City of Sarasota of Sarasota postal address. Commissioner Quillin stated that CSBG funds are specifically targeted for emergency rental or mortgage costs; that the majority of the funds benefit City recipients, emphasizing the large proportion of low- to moderate-income people served in the City limits; that the concern is the County will no longer be administering the CSBG program; that agencies will administering the funds; that criteria have been established to administer the funds; that the County has been attempting to discontinue involvement in the social services business; that information concerning the agencies applying to administer the funds should be presented at the next CAB meeting; that as the City's representative, every effort will be made to assure the proper administration of the funds for the City and the surrounding community as well. B. stated that the Sarasota/Bradenton Metropolitan Planning Organization (MPO) provided a report concerning the tentative work program at the last meeting; that the MPO indicates funding from the State and Federal governments will be reduced; that funds are being taken from the State's Trust Fund; however, the State's Trust Fund is not being reimbursed; that the MPO has established a Legislative Committee and is scheduling a meeting; that the MPO will be asking MPO members to lobby State representatives; that she and Vice Mayor Palmer will keep the Commission up to date; that the City's five- year programs will be affected; that the City's Capital Improvement Program (CIP) may require revision by 2003. 18. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - DIRECTED AN ITEM CONCERNING THE CITY'S 2003 LEGISLATIVE PRIORITIES BE ADDED TO THE SEPTEMBER 3, 2002, BOOK 52 Page 23654 08/05/02 6:00 P.M. BOOK 52 Page 23655 08/05/02 6:00 P.M. REGULAR COMMISSION MEETING AGENDA; ADMINISTRATION WILL PROVIDE A REPORT CONCERNING THE LIDO BEACH POOL WITHIN 48 HOURS; ; CITY ATTORNEY WILL RESEARCH THE TAX DEDUCTIBILITY OF A PORTION OF THE TICKET PRICE FOR THE DINNER SPONSORED BY THE SARASOTA SISTER CITIES ASSOCIATION FOR THE 100TH YEAR ANNIVERSARY CELEBRATION, ; REFERRED THE ISSUE OF THE KEN THOMPSON BOAT RAMPS TO THE ADMINISTRATION FOR A REPORT BACK (AGENDA ITEM XI) CD 10:34 through 10:43 VICE MAYOR PALMER: A. stated that the Manasota League of Cities (MLC) must have the City's legislative priorities by the September 12, 2002, MLC meeting; that the City was unable to accomplish much in the 2002 State Legislative Session due to the lateness with which the information was submitted; that a priority should be to advance the identification of the legislative priorities to a date well before the 2003 Legislative Session; that Commission consensus for the Commissioners and the Administration to develop a list of legislative priorities for the 2003 State Legislative Session for discussion and to place an item on the September 3, 2002, Regular Commission meeting would be appreciated. Commissioners Martin and Servian agreed. Commissioner Quillin stated that representatives of the City will be attending the annual Florida League of Cities (FLC) Conference at which time information concerning the City's legislative priorities should be in writing sO support from other local jurisdictions can be solicited. Vice Mayor Palmer stated that the legislative priorities will likely not be decided in time for the FLC Conference; and requested that the Office of the City Auditor and Clerk add an item to the Agenda for the September 3, 2002, Regular Commission meeting. Deputy City Auditor and Clerk McGowan stated that an item concerning the City's legislative priorities will be added to the Agenda of the September 3, 2002, Regular Commission meeting. Mayor Mason stated that having the City's legislative priorities for the Council of Governments would also be beneficial; that the Council of Governments will soon be requesting the information. Vice Mayor Palmer stated that receiving information from the Commissioners prior to the September 3, 2002, Regular Commission méeting would be appreciated. City Manager McNees stated that suggestions for the City's 2003 legislative priorities will be solicited from the Commissioners as well as City Staff. COMMISSIONER SERVIAN: A. asked the status of the Lido Beach Pool and the reason no definitive answers have been provided? City Manager McNees stated that the City and County Staffs were in considerable disagreement at the May 7, 2002, joint City and County Commission meeting regarding the repairs necessary and who is responsible for the cost; that City and County Staffs have had subsequent discussions concerning the repairs necessary and funding and have reached a tentative agreement; that a tentative agreement with the County Administrator has been reached for a 50/50 cost sharing for up to a certain limit, perhaps $150,000; that City Staff is developing a final cost; that the Sarasota County Health Department must approve the repairs prior to a reopening the Lido Beach Pool; that the Commission did not direct the Administration to reopen the Lido Beach Pool regardless of the cost; that the Lido Beach Pool has serious deficiencies; that the City did not budget the funds to repair the Lido Beach Pool; that a special appropriation from reserves will be required; that the Commission could direct the Administration to reopen the Lido Beach Pool at any cost, if desired; that a detailed report will be provided within several days; that the Sarasota County Health Department continues to require a major renovation to reopen the Lido Beach Pool; that City Staff is not certain the Lido Beach Pool can be reopened at a reasonable cost. Commissioner Quillin stated that alternative suggestions to reopen the Lido Beach Pool were previously presented; and asked if the Sarasota County Health Department will allow reopening of the Pool and phasing in other improvements over a period of years; that reopening the Lido Beach Pool at any cost is not desired; that some cost figures from the County and some requirements of the Sarasota County Health Department are unreasonable. BOOK 52 Page 23656 08/05/02 6:00 P.M. BOOK 52 Page 23657 08/05/02 6:00 P.M. Commissioner Servian stated that a more definitive report of the status is desired. City Manager McNees stated that a definitive report will be provided within 48 hours. Vice Mayor Palmer stated that the previous indication was a complete reconstruction of the Lido Beach Pool may be less costly than repair; that receiving a definitive report as soon as possible would be appreciated. City Manager McNees stated that the City may be required to make a decision as to the desirability of historic preservation of the Lido Beach Pool and funding of the cost involved; that the information will be provided the Commission. MAYOR MASON: A. stated that the opportunity was presented to serve as a judge for the Miss Latino Contest held the weekend of August 3, 2002, which was an interesting experience. B. stated that National Night Out is August 6, 2002; that participants will begin at the Goodwill Center in Newtown with a pot-luck dinner and travel by trolley to Gillespie Park for dessert; that a small committee was able to obtain donations for everything required for the event, which is a testament to working together. COMMISSIONER QUILLIN: A. stated that the Commissioners received invitations from the Sarasota Sister Cities Association (SSCA) to the October 14, 2002, dinner for the 100th Year Anniversary Celebration; that SSCA is requesting the Commissioners pay for the tickets; that the tickets cost $125 of which $50 has been indicated as tax deductible; that Commission consensus is sought to request the SSCA charge City representatives $75; that the cost above the cost of the dinner was for the cost of the pertormance, which will be held at the Van Wezel Performing Arts Hall (VWPAH); that the City is the owner of the VWPAH; therefore, utilizing taxpayer funds to underwrite the program is not appropriate; that the cost of the performance should have been underwritten by a different type of program; that the City is an integral part of the event; that the Commissioners and Charter Officials and guests were invited to the dinner and the performance; that the cost of the tickets should be charged against the allocation of funding the City provides SSCA annually; that Commission consensus is requested. Mayor Mason asked for clarification. Commissioner Quillin stated that the cost of the tickets is $125, of which SSCA indicates $50 is tax deductible; that the tax deductibility of the $50 is questioned; that SSCA is not a 501 (c) (3) organization under the Internal Revenue Service Code; that the Commissioners are being requested to pay for the tickets; that the City is co-host of the event; that the Commissioners should have been provided tickets at no charge; that the City allocates $10,000 annually to SSCA functions; that the request is to allocate $75 which is the ticket cost of $125 minus the tax- deductible portion of $50 for the Commissioners and Charter Officials and guests from the $10,000 annual allocation to SSCA. Vice Mayor Palmer stated that the request should be referred to the Administration; that the implications of the request are not known; that other government officials could request the same consideration; that making a decision at this time is not desired; that the Administration could provide a recommendation concerning any reduction in price. Commissioner Quillin stated that the ticket price should be reduced for City Officials; that the City Attorney should determine if $50 of the ticket price can be tax deductible. City Attorney Taylor stated that the tax deductibility will be researched and a report provided. Commissioner Quillin stated that the Van Wezel Foundation sponsored a dinner for the opening of the VWPAH after the renovation and did not invite the Commission; that the Commission was an integral part of the VWPAH renovation. B. stated that a meeting was held with City Staff and the consultant involved in the Comprehensive Newtown Redevelopment Plan (Plan); that a copy of the Plan was obtained; that the thought was the meeting would be to provide a briefing prior to a Commission workshop; that the Plan will require a public hearing prior to BOOK 52 Page 23658 08/05/02 6:00 P.M. BOOK 52 Page 23659 08/05/02 6:00 P.M. adoption; that the preference would be for a Commission Workshop sO the Commissioners could exchange ideas and the position of the other Commissioners could be understood; that the financing is a concern; that the desire is to assure the success of the Plan; that the City has allocated funds to projects which have not been successful in the past; that Staff has done a good job of assuring the consultant stay focused on the primary objectives; that the Plan should be discussed in a Workshop setting sO all Commissioners can hear the other Commissioners' views; that the meeting with the consultant and City Staff was enjoyed; however, the meeting should have been held with all the Commissioners in a workshop to discuss making the Plan a success. Mayor Mason stated that the Plan will be presented in an open forum at the September 3, 2002, Regular Commission meeting. Commissioner Quillin stated that the meeting will be a public hearing. Mayor Mason stated that the Plan will be presented to the Planning Board/Local Planning Agency (PBLP) on August 7, 2002; that some Newtown residents expressed concern as to if public input would be permitted at the PBLP meeting; that the appearance was only a Staff report would be made at the August 7, 2002, PBLP meeting due to the placement on the Agenda; however, public input will be allowed at the August 7, 2002, PBLP meeting; that the Plan will be presented to the Commission in September 2002; that additional opportunity for public input will be provided at that time. Commissioner Quillin stated that a presentation has not been made to the general public; that a public hearing is not the place to present a new plan; that the participants are from the neighborhood and the north part of the City; however, the Plan will affect the entire City; that all City residents should have an opportunity to provide public input prior to the public hearing. Mayor Mason stated that Newtown residents have not yet seen the version presented to the Commission. Commissioner Quillin stated that specific questions were asked of her in the meeting with Staff and the consultant, which should have been done in a workshop; that a presentation at an open forum allows all Commissioners to participate at the same time; that a workshop is appropriate, especially for a program as important as development of the Comprehensive Newtown Redevelopment Plan; that a long conversation was held with the City Manager; that reliance for some redevelopment in the area is being placed on receipt of a Housing Opportunities Project for Excellence, Inc. (H.O.P.E.), VI Grant; that the Sarasota Housing Authority (SHA), which is one of the largest landowners in the area, has not provided the Commission alternatives if the HOPE VI grant is not received; that the SHA requested Commission support of $10 million in funding during the last application for a HOPE VI grant; that funds are no longer available; that the Plan has significant implications; that the Plan should be presented in an open forum to assure more stability than funding for the first year only; that the financial future is not known; that the Plan should be presented in an open forum in which all Commissioners can discuss issues of importance; that not knowing the views of the other Commissioners is not liked; that the Commission can work on making the Plan successful. Mayor Mason stated that the September 2002 meeting will provide an opportunity for an open forum. Commissioner Quillin stated that the September 2002 meeting will involve a public hearing, which is the last place at which the Commission should develop plans; that the Plan should be reviewed prior to holding a public hearing. Mayor Mason stated that additional discussion beyond the September 2002 meeting will be required. Commissioner Quillin asked if a presentation rather than a public hearing concerning the Plan will be made at the September 2002 meeting? Mayor Mason stated that final acceptance of the Plan is not anticipated at the September 2002 meeting. Commissioner Quillin stated that a report from the Administration concerning presentation of the Plan would be appreciated; that the understanding is the September 2002 meeting will involve a public hearing for adoption of the Plan. Vice Mayor Palmer stated that adopting the Plan at the September 2002 meeting is not required; that deliberations can be continued if necessary. BOOK 52 Page 23660 08/05/02 6:00 P.M. BOOK 52 Page 23661 08/05/02 6:00 P.M. Commissioner Quillin stated that the reason the City must do everything the hard way is not understood; that an open forum should be held; that not having an open forum frustrates the public. Mayor Mason passed the gavel to Vice Mayor Palmer and left the Chambers at 11:01 p.m. C. stated that the Commission previously approved funds for the boat ramps at Ken Thompson Park; that a manatee zone in the area is currently being studied; that the area in which the boat ramps are located is sensitive; that the location of the boat ramps should be referred to the Administration; that the City may not wish to invest additional funds in boat ramps in the area; that a better location may be available at Ken Thompson Park; that the results of the study are not known; however, the area involves sensitive lands. Vice Mayor Palmer stated that the progress of installation of the boat ramps is not known; that commitments have been made; that grant funding through the County has been received; that hearing no objections, the issue of the boat ramps at Ken Thompson Park is referred to the Administration for a report back. 19. ADJOURN (AGENDA ITEM XIII) CD 11:05 There being no further business, Vice Mayor Palmer adjourned the Regular meeting of August 5, 2002, at 11:05 p.m. aslu CAROLYN J. MASON, MAYOR ATTEST Bull Rolenson BILL EG BINSON, CITY AUDITOR AND CLERK