MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 2, 2002, AT 2:30 P.M. PRESENT: 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 McGowan, and City Attorney Richard J. Taylor ABSENT: Mayor Carolyn J. Mason and City Auditor and Clerk Billy E. Robinson PRESIDING: Vice Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. Deputy City Auditor and Clerk McGowan gave a special Invocation in recognition of the Country's military veterans followed by the Pledge of Allegiance. Vice Mayor Palmer stated that Mayor Mason and City Auditor and Clerk Robinson are attending a National League of Cities Conference in Salt Lake City, Utah. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 2:27 through 2:28 Deputy City Auditor and Clerk McGowan presented the following Changes to the Orders of the Day: A. Add Commission Presentations, Item VIII.3, Proclamation Re: Proclaiming December 7, 2002, as "Pearl Harbor Remembrance Day, - per the request of Commissioner Servian. B. Add Commission Presentations, Item VIII.4, Presentation Re: Mayor's Citation to the Community Action Research Initiative (CARI) for providing assistance to several notable projects in the City of Sarasota community, most recently the Rosemary District Neighborhood Action Strategy, per the request of Commissioner Martin. Vice Mayor Palmer presented the following as additional Agenda backup material: BOOK 53 Page 24378 12/02/02 6:00 P.M. BOOK 53 Page 24379 12/02/02 6:00 P.M. C. Add additional backup material under Consent Agenda No. 2, Item No. VI-B-1 concerning proposed Resolution No. 02R-1530, to allow the renovation of an existing facility consisting of a Girls Club and Recreation Facility, per the request of Vice Mayor Palmer. Vice Mayor Palmer stated that the additional Agenda backup material is Resolution No. 2002-311 adopted by the Sarasota Board of Commissioners to approve a Lease Amendment to a Lease Agreement with Girls Incorporated for the property on which the Girls Club and Recreation Facility is located. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian, yes; Palmer, yes. 2. CITIZENS' INPUT CONCERNING CITY TOPICS CD 2:28 through 2:30 The following people came before the Commission: Merv Kennell, 5247 Myakka Valley Trail (34241), stated that he is present on behalf of the Suncoast Professional Firefighters and Paramedics; that a grave concern exists regarding the deadline of December 2, 2002, between the City and the County for averting a potential notice of deconsolidation of the Fire Department; that he is aware of several constraints placed upon the City by the County to avoid the potential outcome; that he is unaware of any City Commission action taken to avoid such a consequence; that the hope is the City will work with the County to avoid the threat of deconsolidation; that a tremendous concern exists among firefighters as well as City residents; that City residents will have a substantially higher tax rate under a deconsolidated Fire Department; that the firefighters have worked diligently to bring the City and County together to create a seamless service which provides the best protection possible to the citizens of the community; that the request is for the City Commission to make the right choice and protect the people who protect the community. 3. APPROVAL RE : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 18, 2002 - APPROVED AS REVISED (AGENDA ITEM -1) CD 2:30 through 2:31 Vice Mayor Palmer asked if the Commission had any changes to the minutes? Commissioner Servian stated that the following changes should be made to the minutes of the November 18, 2002, Regular Commission meeting: Item No. VII-1: The word "Challenges" should be changed to "Challengers" to read as follows: that reasons the Boards of the Challengers have not meet in the past two weeks is not understood. Item No. VII-3: The word "skuffers" should be changed to "scuppers" to read as follows: - that scuppers of the Lido Pool can be held onto while kicking water. that removing the scuppers is necessary to comply with the regulations. Vice Mayor Palmer stated that hearing no additional changes, the minutes of the November 18, 2002, Regular Commission meeting are approved as revised by unanimous consent. 4. BOARD ACTIONS RE : REPORT RE : PLANNING BOARD/LOCAL PLANNING AGENCY', S REGULAR MEETING OF NOVEMBER 6, 2002 - CONSENSUS TO SCHEDULE A WORKSHOP AS SOON AS POSSIBLE PRIOR TO SENDING PROPOSED ORDINANCE NO. 02-4379 TO THE CITY ATTORNEY FOR REVISIONS; RECEIVED REPORT (AGENDA ITEM III-1) CD 2:31 through 2:38 Kenneth Shelin, Chair of the Planning Board/Local Planning Agency (PBLP), and Michael Taylor, Deputy Director of Planning, came before the Commission. Mr. Shelin presented the following item from the November 6, 2002, Regular PBLP meeting: BOOK 53 Page 24380 12/02/02 6:00 P.M. BOOK 53 Page 24381 12/02/02 6:00 P.M. Zoning Text Amenament No. 02-ZTA-04 concerning Commercial Vehicles Mr. Shelin stated that the PBLP reviewed a matrix of ten issues in three proposed versions regarding overnight parking of commercial vehicles in residential areas; that the three versions included proposals from the Coalition of City eighborhoods Association (CCNA), City Staff, and the Gulf Coast Builders Exchange; that the PBLP selected nine provisions which are divided almost equally between the CCNA and City Staff proposed versions; that the PBLP added a tenth provision related to parking on a paved surface; that the PBLP reviewed the provisions for consistency with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); that the PBLP also specifically reviewed Action Strategy 1.1, Composition of Neighborhood, Neighborhood Plan, City's Comprehensive Plan, for compatibility between residential and non-residential uses; that the PBLP reviewed Action Strategy 3.5, Livable Neighbornoods, Housing Plan, City's Comprehensive Plan, related to maintaining and attracting moderate- and middle-income families; that maintaining and attracting moderate- and middle-income families is also the goal of the recently approved City of Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan) ; that the Newtown area will be significantly affected by proposed Ordinance No. 02- 4379; that the PBLP recommended the following specific provisions be applied to commercial vehicles in residential zone districts: Limited parking of commercial vehicles; A weight limit of 7,000 pounds net vehicle weight; A height limit of 6.5 feet with no tools or racks for unbuffered, visible vehicles; A height limit of 6.5 feet for buffered vehicles to include tools and racks; No visible signage on commercial vehicles; One visible vehicle and one other garaged or fully buffered vehicle; No visible tools, ladders, or other equipment even if buffered; Buffered vehicles to remain in the side or rear yard; Trailers 16 feet or shorter with a maximum height of 6.5 feet if completely buffered; and No consideration at this time for a permitting process or an overlay district. Mr. Taylor referred to the recommendation by Staff to set proposed Ordinance No. 02-4379 for public hearing on the Agenda request form included in the Agenda backup material and stated that an alternative recommendation is to direct the City Attorney to draft changes approved by the Commission into a revised ordinance and remand the revised ordinance back to the PBLP for public hearing and a finding concerning consistency with the City's Comprehensive Plan. Commissioner Quillin stated that the height limit of 6.5 feet for an enclosed trailer recommended by the PBLP is a concern; that 6.5-feet enclosed trailers are unsafe for loading and unloading equipment and standing within; that testimony of the safety of a 7-foot verses 6.5-foot enclosed trailer was presented to the Commission in the past; that prohibiting visible signage on commercial vehicles is also a concerni that regulating commercial vehicles in a neighborhood without signage will be difficult; that signage on a commercial vehicle directly relates to occupational fees; that a workshop to discuss the issues further should be held prior to directing the City Attorney to prepare a revised ordinance. Vice Mayor Palmer stated that the Commission's desire to make alterations to a proposed ordinance could be a procedural issue; and asked the amount of latitude the Commission will have once the PBLP recommendations are incorporated into a revised ordinance? City Attorney Taylor stated that making changes to a proposed ordinance once advertised and having been before the PBLP is a procedural issue; that advertising information should represent the position of the Commission; that the recommendation is for the Commission to discuss the changes prior to revising the proposed Ordinance. Commissioner Martin stated that a workshop should be held as soon as possible. Commissioners Quillin and Servian agreed. BOOK 53 Page 24382 12/02/02 6:00 P.M. BOOK 53 Page 24383 12/02/02 6:00 P.M. Vice Mayor Palmer stated that the Commission's consensus is to schedule a workshop as soon as possible prior to sending proposed Ordinance No. 02-4379 to the City Attorney for revisions. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to receive the board report of the November 6, 2002, Regular Planning Board/Local Planning Agency meeting. City Manager McNees stated that referring to the workshop as a final workshop for regulating commercial vehicles is suggested; that conveying the City's intent to discuss a few remaining items as opposed to sending the entire issue back to the PBLP is suggested. Vice Mayor Palmer stated that completing the process is the intention of the Commission. Vice Mayor Palmer called for a vote on the motion. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian; Palmer, yes. 5. BOARD ACTIONS RE: : REPORT RE: HISTORIC PRESERVATION BOARD' S REGULAR MEETING OF NOVEMBER 12, 2002 - APPROVED THE RECOMMENDATION OF THE HISTORIC PRESERVATION BOARD TO APPROVE $600 FOR CONSULTANT SERVICES AND $3,500 FOR MATCHING FUNDS FOR THE STATE GRANT FOR PHASE II FOR THE SURVEY OF HISTORIC RESOURCES FROM THE HISTORIC PRESERVATION DEMOLITION FUND; ; RECEIVED REPORT (AGENDA ITEM III-2) CD 2:38 through 2:42 Christopher wenzel, Chair of the Historic Preservation Board, and John Burg, Chief Planner, Planning Department, came before the Commission. Mr. Wenzel presented the following items from the November 12, 2002, Regular meeting of the Historic Preservation Board: A. Phase II Matching Grant for Survey of Historic Resources. Mr. Wenzel stated that the Historic Preservation Board is requesting Commission approval to utilize $600 from the Historic Preservation Demolition Fund for the preparation and submission of the Phase II survey grant application; that the Historic Preservation Board identified the boundary for the Phase II survey in the northern portion of the Cityi that the boundary is from US 301 to the Bay and from Tenth Street to the northern boundary of the City as far as possible to allow for 750 structures; that the survey will move in a southerly direction during Phase III; that preparation of the National Register Historic District nomination as part of the Phase II survey was discussed; that potential historic districts were identified during the Phase I surveyi that additional historic districts may be identified during the Phase II surveyi therefore, the Historic Preservation Board is requesting additional funding of $3,500 from the Historic Preservation Demolition Fund for the preparation of National Register Historic District nomination. B. Board Input Board Member Qualifications Mr. Wenzel stated that the City has been unable to fill the vacant Historic Preservation Board seat with an archeologist; that the Historic Preservation Board recommends the current vacancy be filled by a person with real estate finance and/or real estate development experience as an interim effort to fill the vacancy without amending the Zoning Code (2002 Ed.). Vice Mayor Palmer stated that the Administration has indicated the Commission has the flexibility to make such an appointment. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to approve the recommendation of the Historic Preservation Board to approve $600 for consultant services and $3,500 for matching funds for the State Grant for Phase II for the Survey of Historic Resources from the Historic Preservation Demolition Fund. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian, yes; Palmer, yes. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to receive the board report of the November 12, 2002, Regular Historic Preservation Board meeting. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian; Palmer, yes. 6. BOARD ACTIONS RE: : REPORT RE: PUBLIC ART COMMITTEE' S REGULAR MEETING OF NOVEMBER 13, 2002; - APPROVED THE LOAN OF THE SCULPTURE ENTITLED "1 FIRST GEAR" BY ARTIST ROB LORENSON WHICH WILL BE PLACED ALONG THE SCULPTURE PERIMETER BOOK 53 Page 24384 12/02/02 6:00 P.M. BOOK 53 Page 24385 12/02/02 6:00 P.M. OF THE VAN WEZEL PERFORMING ARTS HALL PROPERTY FROM FEBRUARY 2003 TO MAY 2004 AND DIRECTED THE ADMINISTRATION AND THE CITY ATTORNEY TO EXECUTE A CONTRACT WITH THE ARTIST FOR THE LOAN; APPROVED THE RECOMMENDATION OF THE PUBLIC ART COMMITTEE TO LOCATE THE SCULPTURE ENTITLED "THE TITANS" IN THE CIRCULAR GRASSED AREA AT THE SOUTHERN END OF GULF STREAM AVENUE, ; AUTHORIZED APPROPRIATE CITY OFFICIALS TO NEGOTIATE A PURCHASE ORDER CONTRACT WITH NANCY GOODHEART MATHEWS FOR THE CREATION OF NEW AND REPLACEMENT ART WORK TO ENABLE THE SILENT DAUGHTER ART WORK TO FIT WITH THE LEMON AVENUE STREETSCAPE IMPROVEMENTS PROGRAMMED FOR THE AREA IN AN AMOUNT NOT TO EXCEED $15,000 TO BE FUNDED BY THE LEMON AVENUE STREETSCAPE PROJECT; APPROVED PROCEEDING WITH A CALL TO ARTISTS FOR COMMISSIONED PUBLIC ART TO BE LOCATED IN THE NEW LEMON AVENUE PLAZA AND FOR THE PUBLIC ART COMMITTEE TO PROVIDE FURTHER RECOMMENDATIONS ON THE TYPE OF ART TO THE COMMISSION; AND RECEIVED REPORT (AGENDA ITEM III-3) CD 2:42 through 2:58 George Haborak, Vice Chair, Public Art Committee (PAC), and John Burg, Chief Planner, Planning Department, came before the Commission. Mr. Haborak presented the following items from the November 13, 2002, PAC meeting: A. Loan Program Proposal Mr. Haborak referred to computer-generated slides of the artwork throughout the presentation and stated that the Public Art Committee voted unanimously to recommend Commission approval to accept the loan of the sculpture entitled "First Gear" by artist Rob Lorenson who currently has a piece of art on display in the Sarasota Season of Sculptures; that "First Gear" will be placed along the perimeter of the Van Wezel Performing Arts Hall (VWPAH) property for the period of late February 2003 to May 2004; that the additional artwork will make a total of four pieces along the back perimeter of the VWPAH to create a sculpture walkway. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to approve the loan of the sculpture entitled "First Gear" by artist Rob Lorenson which will be placed along the perimeter of the Van Wezel Performing Arts Hall property from February 2003 to May 2004 and direct the Administration and the City Attorney to execute a contract with the artist for the loan. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian, yes; Palmer, yes. B. Request for Artwork Mr. Haborak stated that the Public Art Committee voted 3 to 2 to recommend the Commission respond to a proposal submitted by Ken Shelin and Steven Stockwell to have the City-owned sculpture entitled "The Titans" by artist Jack Cartlidge which is currently in storage moved temporarily to the circular grassed area at the southern end of Gulf Stream Avenue in front of the Embassy House Condominiums; that the sculpture was donated to the City by a Bradenton bank several years ago; that the sculpture is a bronze piece and requires minor repairs; that the request for artwork at a particular location was pleasing to the PAC. Commissioner Quillin referred to a copy of a photograph of the "The Titans" included in the Agenda backup material and stated that the piece of art is displayed on a pedestal; and asked if a pedestal will be constructed in the center of the grassy area of the proposed location? Mr. Haborak stated yes; that the grassy area should be appropriately landscaped by the Public Works Department. Commissioner Quillin stated that the neighborhood near the proposed location could adopt the greenspace through the Keep Sarasota Beautiful program. Commissioner Martin asked if filling the artwork with concrete is part of the maintenance or refurbishing of the artwork? Mr. Haborak stated that several of the sculptures on City grounds have been filled with concrete; however, the sculpture entitled "Nobody is Listening" is hollow; that Leo Demski, assistant to the artist, determined filling "The Titans" with concrete is not necessary. Commissioner Martin asked the timeframe for completion of the project and the landscaping? Mr. Haborak stated that a timeframe for completion is unknown. BOOK 53 Page 24386 12/02/02 6:00 P.M. BOOK 53 Page 24387 12/02/02 6:00 P.M. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to approve the recommendation of the Public Art Committee to locate the sculpture entitled "The Titans" in the circular grassed area at the southern end of Gulf Stream Avenue. Motion carried unanimously (4 to 0): Martin, yesi Quillin, yes; Servian, yes; Palmer, yes. C. Proposal by artist Nancy Goodheart Mathews Ms. Haborak stated that the PAC requested artist Nancy Goodheart Mathews submit a proposal to the City for new artwork related to the Silent Daughter fountain and surrounding artwork located at Pineapple and Lemon Avenues to enable the artwork to blend with the Lemon Avenue Streetscape improvements for the area; that the PAC reviewed the proposal included in the Agenda backup material and voted unanimously to recommend the Commission direct the appropriate City officials to negotiate a contract or purchase order with Ms. Mathews in an amount not to exceed $15,000. Commissioner Martin asked if the proposed funding of $15,000 will be utilized to correct the lighting deficiencies at the site or strictly for changes sO the artwork will blend with the Lemon Avenue Streetscape? Mr. Burg stated that the $15,000 will be utilized for changes in the artwork; that a separate funding was approved as part of the fiscal year (FY) 2002/03 budget for repair and maintenance. Commissioner Martin asked if a more formal proposal from Ms. Mathews will be torthcoming? Mr. Burg referred to the proposal dated October 31, 2002, from Ms. Mathews included in the Agenda backup material and stated that the proposal will proceed in stages; that the first stage is to develop the scope of work in greater detail. Commissioner Martin asked if a more comprehensive schedule will be forthcoming? Mr. Burg stated yes. Commissioner Quillin referred to the first condition of the proposal from Mr. Mathews and stated that the condition indicates a minimum fee of $15,000; and asked if Ms. Mathews presumes the fee will be more? Mr. Burg stated that the recommendation is for an amount not to exceed $15,000. Commissioner Quillin stated that Ms. Mathews may believe the fee will increase beyond $15,000. Mr. Burg stated that an answer is unknown; however, discussions have occurred with Ms. Mathews and the understanding is she is comfortable with the $15,000 maximum fee. Vice Mayor Palmer stated that the recommended motion establishes a maximum fee of $15,000. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to authorize the appropriate City officials to negotiate a purchase order contract with Nancy Goodheart Mathews for the creation of new and replacement artwork to enable the Silent Daughter artwork to blend with the Lemon Avenue Streetscape improvements programmed for the area not to exceed $15,000 with funding from the Lemon Avenue Streetscape project. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian, yes; Palmer, yes. D. Call to Artists Mr. Haborak stated that the PAC has built up a healthy fund balance to purchase a work of art; that the proposed Call to Artists will be an open competition; that invitations will be sent to artists on the PAC mailing list and through a national call for artists; that the hope is the work of art will be placed at the new Lemon Avenue Plaza between Main and First Streets; that the PAC is looking forward to having an exciting new signature piece of artwork for the City. Commissioner Quillin stated that part of the existing Lemon Avenue Plaza is leased; that another part includes a large fountain; and asked the exact location for the artwork and if the Call to Artists includes a theme such as a commemoration to the City's founders or the train which helped build the western part of Florida? Mr. Haborak stated that a theme has not been established; that the proposed location of the new Lemon Avenue Plaza is one of many sites being evaluated. BOOK 53 Page 24388 12/02/02 6:00 P.M. BOOK 53 Page 24389 12/02/02 6:00 P.M. Mr. Burg referred to the Summary Call to Artists included in the Agenda backup material and stated that the first phase is to obtain qualified artists; that the PAC will narrow the qualified artists to three or four who will receive detailed information concerning the available space for the artwork; that the PAC was strong in the opinion to leave the Call to Artists open and not narrowed to a theme. Commissioner Quillin stated that the community is celebrating the City's 100th Anniversary; that a theme which is commemorative of the community is desired; that the proposed location was most likely the hub for the train service in the City. Commissioner Servian asked for clarification of the steps involved in issuing a Call to Artists. Mr. Burg stated that the Call to Artists is traditional for commissioned work; that a general statement will be sent to a broad list of artists and published in newsletters and sculpture magazines; that the artists will be requested to submit qualifications and slides of existing work to the City; that existing artwork may or may not be utilized; that previous public art projects, the artist's resume, and references will be reviewed by the PAC; that the process is detailed and will narrow the artists to three or four; that the selected artists will be mailed a detailed packet of the artwork requirements and approximately $1,000 as an honorarium and an allowance for approved travel to visit the site if the artist is not from Sarasota; that the selected artist will make a presentation to the PAC which will be open to the public; that the PAC will deliberate and provide a recommendation to the Commission. Vice Mayor Palmer stated that discussions occurred with Staff regarding a commemorative piece for the City's 100th Anniversary Celebration; however, completing the piece of art prior to the end of the celebration may not be possible; that the PAC should evaluate the proposed artwork openly and provide a recommendation to the Commission; that the opinion of the PAC is highly valued. Commissioner Martin stated that the understanding is the Call to Artists is announcing the commissioning of a commemorative or centennial piece for the City without a sense of location, parameters, or theme; that defining a theme could occur once the three or four artists are selected. Mr. Burg stated that is correct. Commissioner Martin stated that moving forward with approving the Call to Artists is supported. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to approve proceeding with a Call to Artists for commissioned public art to be located in the new Lemon Avenue Plaza as generally outlined in the summary of Call to Artists and for the Public Art Committee to provide further recommendations concerning the type of art to the Commission. Motion carried unanimously (4 to 0): Martin, yesi Quillin, yes; Servian, yes; Palmer, yes. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to receive the board report of the November 13, 2002, meeting of the Public Art Committee. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian, yes; Palmer, yes. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2,4, 5, 6, 7, AND 8 = APPROVED, ; ITEM NO. 3 - REMOVED AND WILL BE CONSIDERED UNDER NEW BUSINESS AS ITEM NO. VIII-3 (AGENDA ITEM IV-A) CD 2:58 through 2:59 Commissioner Quillin requested that Item No. 3 be removed for discussion. 1. Approval Re: Set for public hearing proposed Ordinance No. 03-4420, amending Chapter 24, Personnel, Article II, Pensions, Division 3, Police; amending Section 24-76, Credited Service for Military Service Prior to Employment, Sarasota City Code (1986 as amended) ; amending Section 24-77, Prior Police Service; amending Section 24-81, Special Provisions and Limitations Federal; amending Section 24-83, Miscellaneous Provisions; amending Section 24-90, Direct Transfers of Eligible Rollover Distributions; providing for severability of the parts hereof if declared invalid; repealing all ordinances in conflict herewith; etc. 2. Approval Re: Set for public hearing proposed Ordinance No. 03-4423, prohibiting advertising vehicles and watercraft; etc. BOOK 53 Page 24390 12/02/02 6:00 P.M. BOOK 53 Page 24391 12/02/02 6:00 P.M. 4. Approval Re: Authorize the Administration to negotiate a contract with the top ranked firm, Stansbury Resolutions by Design, Inc., (R.F.P. No. 03-09M) for the development of a strategic plan to determine the City's current and future priorities. 5. Approval Re: Annual Investment Committee Report for the year ended September 30, 2002. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Department of Juvenile Justice Civil Citation Grant and Agreement between the City of Sarasota and the Sarasota Coalition on Substance Abuse, Inc. 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement for Warren B. Middleton, Trustee, the owner of property located at 2913 Hyde Park Street for potable water service for a developed site. 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement for Idison L. and Beverly Baggett, the owners of the property located at 2928 Lynnhurst Street for potable water service for a developed site. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 4, 5, 6, 7, and 8. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian, yes; Palmer, yes. Deputy City Auditor and Clerk McGowan stated that Consent Agenda No. 1, Item 3, will be considered under New Business as Item No. VIII-3 on the evening Agenda. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1530) - ADOPTED; : ITEM 2 (RESOLUTION NO. 03R-1551) = ADOPTED ; ITEM 3 (RESOLUTION NO. 03R-1552) - ADOPTED, ; ITEM 4 (RESOLUTION NO. 03R-1553) = ADOPTED; ; ITEM 5 (RESOLUTION NO. 03R-1557) - ADOPTED; ; ITEM 6 (ORDINANCE NO. 02-4406) ADOPTED ; ITEM 7 (ORDINANCE NO. 03-4419) - ADOPTED; AND ITEM 8 (ORDINANCE NO. 03-4431) = ADOPTED (AGENDA ITEM IV-B) CD 2:59 through 3:06 Vice Mayor Palmer asked if any Commissioner wished to remove an item from Consent Agenda Item No. 2? Commissioner Martin asked for clarification concerning required additional backup material related to Item No. 1 which was not included in the Agenda backup material. Vice Mayor Palmer stated that the additional backup material was distributed immediately prior to the commencement of the meeting and indicates County approval of a Lease Amendment to the lease between the County and Girls Incorporated, which was a condition of approval of the applications by Girls Incorporated. 1. Adoption Re: Proposed Resolution No. 02R-1530, approving Major Conditional Use Application No. 02-CU-06 to allow the renovation of an existing facility consisting of a Girls Club and Recreation Facility as a leasehold use in the Governmental Use (G) Zone District; said Major Conditional Use to be located on a parcel of property owned by Sarasota County and leased to the Girls Club of Sarasota County, Inc., a/k/a Girls Inc. of Sarasota County, a Florida not-for-profit corporation, said leasehold use being generally located on +3.2 acres at the northeast corner of Tuttle Avenue and Davis Boulevard, south of the Sarasota County Fairgrounds at 201 South Tuttle Avenue, as more particularly described herein; said Major Conditional Use is required to be constructed in accordance with Site Plan Application No. 02-SP-22; providing for the termination of any previously approved special exceptions and site plans; setting forth conditions of approval; etc. (Title Only) (Application Nos. 02-CU-06 and 02-SP-22, Applicant, C. Alan Anderson, AIA, as agent representing Girls Inc. of Sarasota County). 2. Adoption Re: Proposed Resolution No. 03R-1551, appropriating $16,700 from the Special Law Enforcement Trust Fund 114 to provide funds for Criminal Justice Continuing Education programs and training coursesi etc. 3. Adoption Re: Proposed Resolution No. 03R-1552, appropriating $12,000 from the Special Law Enforcement Trust Fund 110 to provide funds to defray the costs of administrative expenses in collection forfeitures for fiscal year 2003; etc. BOOK 53 Page 24392 12/02/02 6:00 P.M. BOOK 53 Page 24393 12/02/02 6:00 P.M. 4. Adoption Re: Proposed Resolution No. 03R-1553, appropriating $2,400 from the Special Crime Prevention Trust Fund 169 to provide funds for crime awareness and prevention programsi etc. 5. Adoption Re: Proposed Resolution No. 03R-1557, appropriating $4,100 from the Unappropriated Fund Balance of the Historic Preservation Demolition Fund to provide funding to be used to increase the matching grant to include preparation of the National Register Historic District nomination and for the preparation of the Phase II Grant Application; etc. 6. Adoption Re: Second reading of proposed Ordinance No. 02-4406, providing for the rezoning for a 73 acre parcel of real property from the Residential Multiple Family 3 (RMF-3) Zone District to the Commercial-Central Business District (C-CBD) Zone District; said parcel being more fully described herein and being located at the southwest corner of the intersection of Cocoanut Avenue and Boulevard of the Arts; approving Site Plan Application No. 02-SP-13 which has been proffered as a condition of this rezoning to permit the construction of a mixed use development consisting of ten dwelling units and 10,743 square feet of retail space; providing for additional conditions of the rezoning and site plan approval as more particularly described herein; etc. (Title Only) (Application Nos. 02-RE-04 and 02-SP-13, Applicant Charles Van Zant, Van Zant Associates, Architects, Engineers, Planners, as agent representing Bay Mountain, LLC). 7. Adoption Re: Second reading proposed Ordinance No. 03-4419, to rezone 13 lots located on the east side of Central Avenue between Myrtle Street on the north and 32nd Street on the south from the Residential Multiple Family 1 (RMF-1) Zone District to the Residential Multiple Family 2 (RMF-2) Zone District to allow the construction of 13 detached single-tamily dwellings, as more particularly described herein; approving Site Plan Application No. 02-SP-42 which has been proffered as a condition of this rezoning; etc. (Title Only) Application Nos. 02-RE-16 and 02-SP-42, Applicant Joel J. Freedman, AICP, as agent representing H and M Homes, LLC, as owner). 8. Adoption Re: Proposed Emergency Ordinance No. 03-4431, pertaining to the effective date of the Charter Amendment providing that contracts of the City be approved by the City Commission unless exceptions are made by action of the City Commission; making findings; amending the effective date for the aforementioned Charter Amendment to March 17, 2003; repealing ordinances in conflict; etc. (Title Only). Deputy City Auditor and Clerk McGowan read proposed Resolution Nos. 03R-1551, 03R-1552, 03R-1553, and 03R-1557 in their entirety and proposed Resolution No. 02R-1530 and Ordinance Nos. 02-4406, 03-4419 and 03-4431 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 8, inclusive. Vice Mayor Palmer requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Servian, yes. 9. UNFINISHED BUSINESS: PRESENTATION RE : OPTIONS FOR THE REHABILITATION OR THE REPLACEMENT OF THE LIDO BEACH SWIMMING POOL (AGENDA ITEM VI-1) CD 3:06 through 3:40 Vice Mayor Palmer referred to the Agenda Request form included in the Agenda backup material indicating options for the rehabilitation or the replacement of the Lido Beach swimming pool will be presented; and stated that a scheduled presentation by a group of citizens regarding the Lido Pool is on the evening Agenda; that the Commission may wish to delay a final decision regarding the Lido Pool until after the scheduled presentation. William Hallisey, Director of Public Works, and Duane Mountain, Public Works Capital Projects Manager, came before the Commission. Mr. Hallisey stated that at its November 18, 2002, Regular meeting, the Commission received a report concerning recent meetings to solicit public input regarding the Lido Pool; that the consensus of the attendees was to retain a swimming pool at Lido Beach; however, the community also expressed a strong desire to develop a long-range plan for the entire Lido Beach facility; that the Commission directed the City Manager to BOOK 53 Page 24394 12/02/02 6:00 P.M. BOOK 53 Page 24395 12/02/02 6:00 P.M. appoint an ad hoc committee to develop a long-range master plan for the area and for Staff to report back concerning options for the pool. Mr. Hallisey referred to computer-generated slides of the Lido Pool and proposed designs displayed on the Chamber monitors throughout the presentation and stated that two options for renovating the Lido Pool are as follows: 1. Complete Refurbishment Mr. Hallisey stated that refurbishing the existing facility will bring the pool up to current design standards and regulations; that current regulations require bringing the existing pool up to current Americans with Disabilities Act (ADA) standards, installing a collector tank, and removing the existing coping; that the distance between the top of the existing coping and the water level will be reduced from 18 to 10 inches to meet current standards; that constructing a new equipment room will be required; that the bottom of the pool must be raised to install a collector tank; that diving will no longer be allowed at the renovated pool; that portions of the pool deck will be removed and replaced to comply with ADA standards for handicap accessibility; that the deepest part of the pool which is currently 10 feet will be reduced to a uniform pool depth of 4 feet. 2. Replacement Mr. Hallisey continued that the second option is to replace the existing pool; that the existing pool is 3,400 square feet; that constructing a new pool in the current location would include a new shell, equipment, deck, and entryways; that the depth of a new pool would be 3 feet at the shallow end and 4 feet at the deep end; that a new pool would accommodate a 6-lane lap pool with no diving and no competition allowed. Mr. Hallisey further stated that a new or refurbished pool will be identical in appearance and will have a life span of approximately 40 years with proper maintenance; that the estimated cost for complete refurbishing of the pool is $480,000; that the estimated cost to construct a new pool in the current location, including the removal of the existing pool, is $400,000. Mr. Mountain referred to site plans of the existing Lido Pool displayed on the Chamber monitors and stated that the Gulf of Mexico is to the west; that the existing pool size is approximately 40 feet wide and 82 feet long; that the deck surrounding the existing pool varies in width with the entrance deck being approximately 17 feet wide; that the County has added a deck to the west of the existing concrete deck; that the existing equipment room is under the diving platiorm; that the entire facility is surrounded by a chain-link fence. Mr. Mountain referred to a diagram of the existing scupper system displayed on the Chamber monitors and stated that the distance from the top of the scupper wall to the existing decking is 6 inches. Vice Mayor Palmer asked for clarification regarding the term "scupper system." Mr. Mountain stated that a scupper system is an area which collects water for recycling and cleaning similar to a gutter system; that the scupper system encompasses the entire pool and sets the water level within the pool; that water will flow into a scupper system and be re-circulated if above the level of the scupper system; that the existing 6 inches from the top of scupper system to the pool deck and the 18 inches from the top of scupper system to the water line are critical components for bringing the pool up to regulation standards; that the depth of the existing pool is 10 feet; however, the depth decreases at both ends. Mr. Mountain continued that a refurbished pool will be the same width and length of the existing pool; that the existing deck will remain the same; that the existing coping which is 6 inches above the pool deck will be removed; that the distance between the water level and the top of the pool must be lowered for ease of entering and exiting the pool; that the existing pipes within the scupper system are made of copper; that the copper piping discolors the marcite and must be replaced; that the new marcite will be ruined within a short period of time if the pool is remarcited without removing the copper pipes; that the 10-foot depth of the pool will be filled with concrete to allow for installation of the new main drain; that the pool will appear identical to the existing pool; however, the scupper system will be reconstructed and the bottom of the pool will be raised. BOOK 53 Page 24396 12/02/02 6:00 P.M. BOOK 53 Page 24397 12/02/02 6:00 P.M. Mr. Mountain further stated that the existing pump/equipment room is in deplorable condition and must be cut out, filled with concrete, and abandoned; that a new Pump/equipment room will be installed outside the pool area. Commissioner Quillin asked if the depth of the refurbished pool will be 4 feet? Mr. Mountain stated yes; that the area of the pool which will be filled with concrete could be slightly deeper than 4 feet; however, the reason for the recommended 4-foot depth is to allow the use of the entire pool for different activities such as water aerobics; that Staff could not justify constructing a depth of 6 feet for an area of the pool which could not be utilized; that the entire pool could be utilized with a depth of 4 feet. Commissioner Quillin stated that the pool would become a lap pool instead of a swimming pool. Mr. Mountain stated that is correct. Commissioner Servian stated that the new pump/equipment room and the collector tank will be relocated outside of the existing pool area; and asked if the new pump/equipment room and collector tank would be fenced in? Mr. Mountain stated yes; continued by referring to the site plan for the replacement of the Lido Pool displayed on the Chamber monitors; and stated that a replacement pool will be identical in size and shape to a refurbished pool; that the difference is the installation of all new equipment; that the scupper system will be exactly the same. Commissioner Quillin asked if the existing diving platform will be removed? Mr. Mountain referred to computer-generated slides of the existing diving platform displayed on the Chamber monitors and stated that the diving platform will be removed as a result of the structural problems under the base of the platform; however, the diving platform can be removed and placed in an alternative location as an historical icon; that the diving platform invites a problem at the current location; that someone could wonder up the platform and jump into the 4-foot deep pool. Mr. Hallisey referred to computer-generated slides of the structural damage to the pump/equipment room underneath the diving platform and stated that attempting to save the diving platform and the pump/equipment room would be a major construction project well beyond the estimated $480,000 to refurbish the pool. Mr. Mountain stated that the reinforcement bars placed in the concrete to provide support under the diving platform are exposed; that the elements have rusted the bars and have caused the concrete to separate in certain Olaces; that the area is not structurally sound; that the diving platform is in good condition and can be cut, moved, and placed in an alternative location. Commissioner Quillin stated that the diving platform is the main attraction of the pool; that the pool will no longer be a commemorative pool dedicated to now deceased former Mayor John Betz; that Mayor Betz was a swimming coach; that many people in the community learned to swim at the pool and were on the swim team for Sarasota High School which competed at the pool; that the diving platform has survived past improvements to the pool facility and is utilized as a lookout; that people can climb to the top to view Lido Beach; that a concern is no one cares the pool was commemorative; that the diving platform is a piece of Sarasota history. Mr. Mountain stated that climbing to the top of the diving platform is currently not allowed; that the diving platform could be removed, repaired, and replaced in the current location; however, people are not currently allowed on the structure; that the County and lifeguards have deemed the diving platform unsafe; that relocating the diving platform would gain pool additional decking; that the diving platform could be utilized as some type of lookout. Commissioner Servian stated that individuals will not be allowed to access the top of the diving platform at the current location with a pool depth of 4 feet. Commissioner Quillin stated that an individual would fall onto the decking before falling into the pool. Commissioner Servian stated that an individual would hit the bottom of a 4-foot pool if attempting to dive from the platform. Commissioner Quillin stated that the diving board is currently removed and the platform is set back from the pool. BOOK 53 Page 24398 12/02/02 6:00 P.M. BOOK 53 Page 24399 12/02/02 6:00 P.M. Commissioner Servian stated that the historical significance of the diving platform is understood; that preserving the piece at the current location or an alternative location is desired. Mr. Hallisey stated that preserving the diving platform is possible; however, the diving platform at the current location creates an attractive nuisance and is a concern to the County; that replicating the historical elements in alternative locations is possible as the master plan for the area is developed; that Staff is presenting two options for the pool; that renovating the pool back to the existing conditions to include the diving platform would cost in excess of $1 million; that choosing one of the two options presented allows the reopening of the pool and begins the process of developing long-term options for the area. Vice Mayor Palmer stated that she spent a greater portion of her youth at the Lido Pool as a member of the Sarasota High School dive team; that the diving platform is an important piece of history which should be preserved but not necessarily at the current location; that the charge of the ad hoc committee should be to evaluate pieces with historical significance and develop a proposal to incorporate the historical pieces into the master plan; that refurbishing or replacing the base pool result in an identical appearance; that the option to replace the existing pool is a more rational decision. City Manager McNees stated that the diving platform must be removed to repair the equipment room; that the decision regarding the diving platform's location can be left to the ad hoc committee; that refurbishing or replacing the existing pool does not depend on the location of the diving platform. Commissioner Quillin referred to the refurbishing site plan of the Lido Pool displayed on the Chamber monitors and stated the pump/equipment room below the pool decking will be filled in; that she is aware of an individual who has some of the original seahorses from the Lido Casino; that the individual is willing to have the pieces re-cast for the Lido Pool renovation; that something could be done with the diving platform in its current location; that moving the diving platform will damage the piece; that spending the additional $80,000 to refurbish the pool is supported; that losing historically significant pieces of Sarasota's history is not desired; and asked which option would reopen the pool sooner? Mr. Hallisey stated that the timeframe to complete either option is equal. Commissioner Quillin stated that completing both options in equal amounts of time is unimaginable; that the existing pool must be removed if the replacement option is chosen; and asked if the pool will be remarcited or crystalcreted? Mr. Hallisey stated that the pool will be resurfaced with crystalcrete. Mr. Hallisey referred to the refurbishing site plan of the Lido Pool displayed on the Chamber monitors and stated that the pump/equipment room under the diving platform is structurally deficient and must be removed; that demolition does not take an excessive amount of time; that the timeframe to either replace or refurbish the pool is approximately the same. Commissioner Servian stated that replacing the existing pool with a new pool and all new piping seems the best option; that refurbishing could result in addition expenses; that the historical significance is a pool on Lido Beach and preserving the diving platform; that installing a new pool is a practical option. City Manager McNees asked which original Lido Pool features will remain if the pool is refurbished? Mr. Hallisey stated that the dimensions of the pool and the decking will be the only features of the original Lido Pool; that all the above-deck features such as the diving platform and the pool room will be removed; that the pool will be refurbished at grade with the same dimensions of the original Lido Pool. City Manager McNees asked the amount of original Lido Pool features which will remain in terms of nuts, bolts, bricks and mortar? Mr. Hallisey stated that the interior of the pool and deck will be resurfaced and a new scupper system installed; that the remaining feature in the pool would be the existing shell of the original pool; however, the depth of the existing shell will be changed to 4 feet. BOOK 53 Page 24400 12/02/02 6:00 P.M. BOOK 53 Page 24401 12/02/02 6:00 P.M. City Manager McNees stated that the only feature of the original Lido Pool which will remain is the air in the pool shell; that all other features will be replaced or covered. Mr. Hallisey stated that is correct. Commissioner Martin asked the reason the pump/equipment room will be relocated outside the pool facility if the existing pool is replaced? Mr. Hallisey stated that a pump/equipment room is generally constructed at grade; that the appearance of the existing Pump/equipment room is undesirable; that relocating the pump/equipment will provide additional decking space for opportunities such as bringing back replicated items to the pool area. Commissioner Martin stated that the cost estimates of $400,000 to replace and $480,000 to refurbish the pool have remained the same for some time; and asked if exact figures to refurbish or replace the existing pool have been determined? Mr. Hallisey stated that the estimated cost of $400,000 to replace the existing pool is fairly accurate; however, the estimated cost of $480,000 to refurbish the existing pool could increase. Commissioner Martin asked if the estimated cost of $400,000 to replace the existing pool includes fencing the facility and new lighting? Mr. Mountain stated no; that $400,000 is the cost to replace the pool not including any amenities; that new lighting, fencing, or increasing the size of the decking will be an additional cost. Commissioner Martin stated that the estimated cost of $400,000 to replace the existing pool seems inaccurate if the size of the existing decking is included yet increasing the decking is additional. Mr. Hallisey stated that the estimated cost of $400,000 is to replace the existing pool; that adding decorative fencing at this time is not recommended. Commissioner Martin asked if the existing fence will remain? Mr. Hallisey stated that the existing fence will be removed during the renovation and a similar fence will be reinstalled. Vice Mayor Palmer stated that the extended decking was not part of the original Lido Pool. Commissioner Martin stated that the intent of the questioning is to obtain a true sense of the fixed cost; that replacing or refurbishing the pool will be compliant with ADA regulations; and asked the manner in which a disabled individual will utilize the pool? Mr. Mountain stated that a hydraulic chair lift will be installed if the pool is refurbished; that replacing the existing pool will provide additional options such as a wheelchair ramp; that one lap-lane will be lost if a wheelchair ramp is added. Commissioner Martin asked the number of lap-lanes in a 60-foot pool? Mr. Mountain stated that six lap-lanes currently exist in the Lido Pool. Vice Mayor Palmer asked the estimated timeframe from the beginning to completion of refurbishing or replacing the pool. Mr. Hallisey stated that 6 to 9 months is an estimated timeframe. Vice Mayor Palmer stated that the Lido Pool was closed-as a result of flooding caused by Tropical Storm Gabrielle; and asked if elevating the pool is an option to protect the facility from future storms? Mr. Hallisey stated that the pool structure is flood-proof; that the issue is the pump/equipment room; that the new pump/equipment room will be constructed at grade with watertight submarine-type hatches; that the hatches will be closed to seal the system and the power will be disconnected in the event of potential flooding. Vice Mayor Palmer stated that the $400,000 replacement of the pool is a rational decision; that some historical pieces such as the diving platform can be relocated to an alternative site for reminiscing; that the hope is the ad hoc committee will recognize the importance of attempting to save any piece of historical significance including recasting the Lido Casino seahorses; that BOOK 53 Page 24402 12/02/02 6:00 P.M. BOOK 53 Page 24403 12/02/02 6:00 P.M. the Lido Pool will not resemble the original facility and never will; that hearing the scheduled presentation during the evening Agenda prior to making a decision regarding replacing or refurbishing the pool is desired. Commissioner Quillin stated that replacement verses refurbishment is a practical option and the reason historical significance is lost; that tearing down a historical home is more practical than refurbishing; that refurbishing is a love of historical preservation; and asked if new plumbing and wiring will be installed if the pool is refurbished? Mr. Hallisey stated yes. Commissioner Quillin stated that returbishing is a labor of love which is an effort to preserve history and heritage. Vice Mayor Palmer stated that preserving history and heritage is also desired; however, most of the original appearance of the Lido Pool facility is not the same as the existing appearance; that the facility does not resemble what was utilized as a child; that the historic significance is preserving the location of the pool; that building a new pool will not diminish the historic significance. Commissioner Martin asked the City's position concerning funding for either of the options. City Manager McNees stated that the County has offered financial assistance toward renovating the Lido Pool; however, the County has indicated a willingness to reevaluate the offer once the City has completed the process of soliciting input from the public. Mr. Hallisey stated that the County originally offered $125,000 toward renovating the pool prior to the discovery of several Sarasota County Health Department compliance issues; that the recommendation is to request an increase in the offer from the County; that other funding sources are being evaluated. Vice Mayor Palmer stated that initiatives from the private sector and grants may be available. 10. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS CD 3:41 through 3:41 There was no one signed up to speak. The Commission recessed at 3:40 p.m. and reconvened at 5:58 p.m. Vice Mayor Palmer stated that Mayor Mason and City Auditor and Clerk Robinson are attending a National League of Cities Conference in Salt Lake City, Utah. 11. PRESENTATION RE: EMPLOYEES OF THE MONTH FOR NOVEMBER 2002, SUSAN A. NILSSON AND BENITO RUIZ PEREZ, LANDSCAPE MAINTENANCE SPECIALISTS I, PUBLIC WORKS DEPARTMENT (AGENDA ITEM VIII-1) CD 5:59 through 6:04 Vice Mayor Palmer requested that City Manager McNees, William Hallisey, Director of Public Works, Susan Nilsson, and Benito Ruiz Perez, Landscape Maintenance Specialists and Employees of the Month for November 2002, join her and the Commission at the Commission table for the presentation. Mr. Hallisey stated that introducing the November 2002 cO- employees of the month is a pleasure; that many people may recognize the hard work of Ms. Nilsson and Mr. Perez; that their area of responsibility is the Bayfront Park; that the Commission authorized the Administration to take over maintenance of the Bayfront Park approximately two years ago; that the Administration anticipated the task would be a challenge; however, the challenge has been met as a result of the efforts of Ms. Nilsson and Mr. Perez; that the condition of the Bayfront Park is impressive; that many positive comments have been received from the public and fellow employees regarding the hard work of Ms. Nilsson and Mr. Perez; and read excerpts from the following letters commending Ms. Nilsson and Mr. Perez: July 2002 letter from Sandra Collins; July 22, 2002, letter from Robert Soran, President, Marina Jack; August 12, 2002, letter from Mr. and Mrs. Tuerpe; and - August 16, 2002, letter from Sal Chiefari. Mr. Hallisey stated that members of the community are encouraged to visit the Bayfront Park and share a few moments with Ms. Nilsson and Mr. Perez. City Manager McNees stated that he has been performing public service work for over 20 years; that he cannot remember such BOOK 53 Page 24404 12/02/02 6:00 P.M. BOOK 53 Page 24405 12/02/02 6:00 P.M. appreciation for two individuals; that the Bayfront Park is a gem in Sarasota; that recognizing a Team of the Month is an honor. Vice Mayor Palmer presented Ms. Nilsson and Mr. Perez with City- logo watches, plaques, and certificates as the November 2002 Employees of the Month in appreciation of their unique performance with the City; and congratulated them for outstanding efforts. 12. OATH OF OFFICE FOR PETER J. ABBOTT, CHIEF OF POLICE ADMINISTERED BY KAREN MCGOWAN, I DEPUTY CITY AUDITOR AND CLERK (AGENDA ITEM VIII-2) CD 6:04 through 6:11 Vice Mayor Palmer stated that swearing in a new Police Chief does not happen often; that the City has received tremendous accolades from people in the community as a result of the friendliness and outgoing personality of the new Police Chief- Nominee; that the new Police Chief-Nominee is bringing extraordinary leadership to the City; and requested that Peter Abbott, Police Chiet-Nominee, Sarasota Police Department, William Balkwill, Sheriff, Sarasota County, Michael Radzilowski, Police Chief, Bradenton Police Department, and City Manager McNees, join her and the Commission before the Commission table. Deputy City Auditor and Clerk McGowan administered the oath of office to Police Chief-Nominee Abbott to fill the vacant position of Police Chief of the Sarasota Police Department. City Manager McNees stated that selecting the new Police Chief was a unique process which involved a broad-based community group; that the City is eagerly anticipating Police Chief Abbott coming aboard; that the residents of the City can be proud of their role during the selection process. Police Chief Abbott thanked the City Manager and the Commission for the confidence and support; that he is proud to take the oath to become Police Chief of the City; that he has received a warm welcome from the community; that the presence of Sheriff Balkwill and Chief Radzilowski is appreciated; that being selected from a highly qualified candidate pool is an honor; and recognized the importance of family support from his wife Marcy and children Ashley and Travis present in the audience. Vice Mayor Palmer stated that being present for the swearing in of the new Police Chief is a pleasure; that the City has great expectations of the Police Chief Abbott just as he has great expectations of the Sarasota Police Department and the community as a whole; and welcomed Police Chief Abbott to the City. 13. PRESENTATION RE: : PEARL HARBOR REMEMBRANCE DAY (AGENDA ITEM VIII-3) CD 6:11 through 6:17 Vice Mayor Palmer stated that a significant honor will be presented; that many years ago the citizens of the United States were engaged in the unfortunate World War II (WWII); that December 7, 1941, is a day which will live in infamy according to former President Franklin Roosevelt; that December 7, 2002, is approaching; that the City is taking the opportunity to honor and thank the veterans of WWII for preserving democracy in the United States; and requested John McLain, Brigadier General, Retired, and Robert O'Neill, Captain, United States Navy, Retired, join her and the Commission before the Commission table. Vice Mayor Palmer continued that on December 7, 1941, the Imperial Japanese Navy and Air Force attacked units of the Armed Forces of the United States stationed at Pearl Harbor, Hawaii; that the attack crippled the Pacific Fleet and critically damaged the air power of the United States; that more than 3,000 Americans were killed and injured during the attack marking the entry of the United States into WWII; that Americans owe a debt of gratitude to the members of the Armed Forces who lost their lives in the attack; that passing the lessons learned from Pearl Harbor to new generations of Americans is vital. Vice Mayor Palmer read the City of Sarasota Proclamation proclaiming December 7, 2002, Pearl Harbor Remembrance Day, as a day of special importance worthy of recognition of the citizens of the City of Sarasota in its entirety; presented the Proclamation to Retired Captain O'Neill and Retired General McLain; and requested the veterans of the Armed Forces present in the audience to stand and receive a standing ovation from the members of the community. Retired General McLain stated that he was stationed in Panama at the time the Japanese Navy and Air Force attacked Pearl Harbor; that he subsequently traveled to Europe and served in General George Patton's Third Army in the Battle of the Bulge with Commissioner Servian's father; that he is fortunate to be back BOOK 53 Page 24406 12/02/02 6:00 P.M. BOOK 53 Page 24407 12/02/02 6:00 P.M. in the United States; that December 7, 1941, is as significant as the Terrorist Attacks of September 11, 2001, on the United States. Retired Captain O'Neill stated that December 7, 1941, seems like a long time ago; however, the day seems like yesterday to many; that he was lucky being stationed at a submarine base for a few days during a transfer from the United States to Australia at the time of the attack on Pearl Harbor; that picking up and identifying dead bodies on the beach of Pearl Harbor was his first job as a 17-year-old sailor; that the sight and smell will not be forgotten; that the recognition of Pearl Harbor Day is appreciated; that not many young people remember Pearl Harbor; that he has asked school children if anyone knew the significance of December 7, 1941; that children are not aware of such an important date and in 15 years may not remember the significance of the Terrorist Attacks of September 11, 2001, on the United States; that such important events are not being taught and emphasized in classrooms; that both days cannot be forgotten; and thanked the Commission for promoting the remembrance. Vice Mayor Palmer stated that the Commission is honored to recognize Retired Captain O'Neill, Retired General McLain, and their colleagues; and thanked the veterans present in the audience for attending the remembrance. Vice Mayor Palmer thanked Commissioner Servian for requesting the presentation be added to the Agenda. 14. PRESENTATION RE: : MAYOR'S CITATION TO COMMUNITY ACTION RESEARCH INITIATIVE (CARI) (AGENDA ITEM VIII-4) CD 6:17 through 6:23 Vice Mayor Palmer requested that Dr. David Brain, Professor of Sociology, Dr. Keith Fitzgerald, Professor of Political Science, Catherine Clouse, Zachary Shahan, William Thomas, and Ezequiel Williams, Students, New Ollege/University of South Florida (New College), join her and the Commission at the Commission table. Vice Mayor Palmer stated that the Community Action Research Initiative (CARI) was started at New College in 1999 as a way to integrate interdisciplinary community-Dased research, innovative teaching and learning, and community action; that CARI is directed by Drs. Brain and Fitzgerald at New College; that CARI serves to connect the academic culture of the campus with the practical life of the Sarasota community and provides accessible and useful data to chart and support community progress; that the New College faculty and students have contributed and will continue to contribute their time, energy, and passion to the community in which they live; that CARI has provided assistance to several notable projects for the community, most recently the Rosemary District Neighborhood Action Strategy, whereby students conducted resident interviews, performed a visual assessment of conditions, and provided demographic information which will help guide municipal investment and improve the quality-of-life for residents and businesses; that the overall goal of CARI is to enhance civic culture by cultivating citizen participation and leadership qualities to build a sustainable, livable, and democratic community; and read in its entirety the Mayor's Citation commending the outstanding service to City government and presented individual certificates to the students of CARI and plaques to Drs. Brain and Fitzgerald. Vice Mayor Palmer stated that individual certificates will be forwarded to the following CARI students who participated but were unable to attend: Marylee Bussard, Carolyn Grossman, David Jacco, Bethany Knox, and Heather Whitmore Dr. Brain stated that receiving such a recognition is appreciated; that members of CARI will continue to work with the City. Dr. Fitzgerald stated that all the students who have worked over the past few years to make CARI a sucessful experiment should be commended; that he is looking forward to similar work in the future. Vice Mayor Palmer thanked Commissioner Martin for requesting the recognition of CARI be added to the Agenda. 15. PRESENTATION RE: : LIDO POOL AD HOC COMMITTEE = REFERRED THE POSITION STATEMENT AND PROPOSAL REGARDING THE LIDO POOL AD HOC COMMITTEE TO THE ADMINISTRATION (AGENDA ITEM IX-1) CD 6:23 through 6:36 BOOK 53 Page 24408 12/02/02 6:00 P.M. BOOK 53 Page 24409 12/02/02 6:00 P.M. Chris Blue, George Peter Ryan, President, Lido Key Residents' Association, and Arnold Berns, President, Sarasota Historical Society, came before the Commission. Mr. Blue stated that establishing an ad hoc citizens committee to participate with the Administration to revitalize the Lido Pool facility and site is supported; that presenting a position statement and a proposal of suggestions to serve the interests of the citizens of Sarasota is the best way to demonstrate support; that exacting a physical restoration of the facility which existed in the middle of the 20th Century as the Lido Pool and Casino is not wise or possible; that several changes and improvements have occurred at the site over the years; however, a few artifacts remain; that health and fire code changes prohibit some of the elements of the historical design; that the needs of the community have evolved away from the historical period; however, the facility played a vital role in the lives of Sarasotans, provided a delightful and engaging focal point for visitors from across the world, and should be restored; that a consensus of suggestions has been reached by citizens who have consistently participated throughout the process of seeking community input; that the request of the Commission is to: Refer to the Administration a request to perform a best-use analysis and profile and land-use study of the site; Provide the analysis and study to the ad hoc committee to create a program charter for the revitalization of the Lido Pool site; and Include the program charter, upon acceptance by the Commission, as the cornerstone to a comprehensive master development plan. Mr. Blue continued that the activity which will drive acquisition of funding for the development project will be significant; that some funding may be obtained through application to public sector government sources; however, the ad hoc committee can be charged with soliciting funds from the private sector; that the understanding is the County and the City have identified several potential funding sources; that support for a well-publicized web page linked to the City's internet site to provide access and confirmation for communication from the public is requested; that a best-use analysis and profile can be comprised through the blending of existing market analyses and demographic studies with the desires expressed by the community through the representation on the ad hoc committee; that determining the current and future impacts of the possible use of the Lido Pool site from an environmental perspective will provide healthful boundaries which should be treated as constants at the time of creating function and design of the site; that requesting the ad hoc committee to produce a formal and specific program charter will focus the group by providing the goal by which the group can measure value, progress, and success; that the program charter is not a master development plan but can be the foundation and definition of scope upon which the master development plan is created. Mr. Blue further stated that the make up of the ad hoc committee should meet two overall goals: 1. Representatives of one or more of the demographics which are characteristic of the City and County population; and 2. Representatives with various categories of expertise. Mr. Blue stated further that the members serving on the ad hoc committee should commit to providing a service defined by the will of the community and not their own; that the background of the ad hoc committee chairperson should include team leadership, demonstrated communication skills, demonstrated people skills, and multi-task project management; that the residents and businesses exposed to significant potential impact by the Lido Pool should be represented; that the leadership of the Sarasota Historical Society is a valuable asset to add to the ad hoc committee; that the request is for the Commission to direct the Administration to delegate the responsibility of advisor of the ad hoc committee to a Staff member who can best facilitate the process and participate in committee activities; that the selection of participants to represent the interests of the children in the community is suggested. Mr. Blue further stated that the homogeneity of the pool complex, design, definition, and plan should meet standards which dictate design integration, complementary functionalities, and optimization of funding while minimizing costs; that the elements of the potential complex including the pool and other facility and service elements should be thoroughly defined and BOOK 53 Page 24410 12/02/02 6:00 P.M. BOOK 53 Page 24411 12/02/02 6:00 P.M. designed as a homogeneous whole prior to funding or construction; however, the pool component of the complex should be funded and constructed based on a heightened sense of community urgency toward opening the pool. Mr. Blue referred to the Position Statement and Proposal included in the Agenda backup material and stated that a list of target dates has been provided as a suggestion; that the hope is the target date to open the pool will be by Labor Day of 2003. Mr. Ryan stated that the hope is to keep the efforts to renovate the Lido Pool facility moving; that forming the ad hoc committee is similar to forming the megahouse committee; that the ultimate design of the complete facility can be resolved. Vice Mayor Palmer stated that at its November 18, 2002, Regular meeting, the Commission empowered the City Manager and Mr. Ryan to form an ad hoc committee; that the proposal presented is an excellent blueprint for future progress; that the Commission will continue to move the renovation forward; and asked if the Administration requires further direction from the Commission? City Manager McNees stated no. Commissioner Quillin stated that the Position Statement and Proposal regarding the Lido Pool ad hoc committee should be referred to the Administration for further action. Commissioners Martin and Servian agreed. Vice Mayor Palmer stated that the Commission's consensus is to refer the Position Statement and Proposal regarding the Lido Pool ad hoc committee to the Administration. City Manager McNees stated that the Commission directed the Administration to form the ad hoc committee; that the presumption is the Commission is not directing the manner in which the Administration should form the ad hoc committee. Vice Mayor Palmer stated that the Position Statement and Proposal provides excellent suggestions and indicates a willingness by several citizens to work with the City in an effort to renovate the Lido Pool facility. Commissioner Quillin stated that the consensus is to formally refer the Position Statement and Proposal to the Administration; that several unanswered questions by Staff regarding the Lido Pool still exist; that the reason for taking 18 months to renovate the Lido Pool is not understood. Commissioner Martin stated that Staff indicated 6 to 9 months is required to construct the pool. Vice Mayor Palmer stated that the Administration should provide a progress report regarding the Lido Pool in January 2003; that the hope is the ad hoc committee will be formed by then. Vice Mayor Palmer 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. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. Vice Mayor Palmer requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the requirements of quasi-judicial public hearings were defined by the judicial process; that during the quasi- judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi- judicial public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross-examination. Deputy Auditor and Clerk McGowan repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: BOOK 53 Page 24412 12/02/02 6:00 P.M. BOOK 53 Page 24413 12/02/02 6:00 P.M. We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. 16. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO 03R-1554, APPROVING MAJOR CONDITIONAL USE APPLICATION NO 02-CU-12 TO ALLOW THE OPERATION OF A HOTEL/MOTEL USE IN THE MULTIPLE FAMILY RESIDENTIAL 4 (RMF-4) ZONE DISTRICT WITHIN EXISTING STRUCTURES IN ACCORDANCE WITH THE ZONING CODE (1998 ED.); SAID PROPERTY BEING GENERALLY LOCATED SOUTH OF FRUITVILLE ROAD, - WEST OF THE INTERSECTION OF FRUITVILLE ROAD AND BENEVA ROAD AT 3470 FRUITVILLE ROAD ; REQUIRING THE PROPOSED HOTEL/MOTEL TO BE CONSTRUCTED IN ACCORDANCE WITH APPROVED SITE PLAN APPLICATION NO. 02-SP-36, REZONE ORDINANCE AMENDMENT APPLICATION NO. 02-ROA-05 AND VARIANCE APPLICATION NO. 02-48; SETTING FORTH CONDITIONS OF APPROVAL; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM X-B- 1(a)) AND QUASI-JUDICIAL PROPOSED ORDINANCE NO. 03-4425, TO AMEND ORDINANCE NO. 96-3929 BY THE SUBSTITUTION OF SITE APPLICATION NO. 02-SP-36 FOR PREVIOUSLY APPROVED SITE PLAN APPLICATION NO. 96-PSD-D; REZONE ORDINANCE NO. 96-3929 CONDITIONALLY REZONED PROPERTY LOCATED AT 3470 FRUITVILLE ROAD TO THE MULTIPLE FAMILY RESIDENTIAL 4 (RMF-4) ZONE DISTRICT; SAID AMENDMENT WOULD ENABLE THE CONVERSION OF THE EXISTING UNCOMPLETED ASSISTED LIVING FACILITY TO AN APPROXIMATE 110 ROOM HOTEL/MOTEL WITHIN RENOVATED EXISTING STRUCTURES IN ACCORDANCE WITH THE ZONING CODE (1998 ED.); AMENDING THE CONDITIONS OF PREVIOUSLY APPROVED REZONE ORDINANCE NO. 96-3929; SAID PROPERTY IS GENERALLY LOCATED SOUTH OF FRUITVILLE ROAD WEST OF THE INTERSECTION OF FRUITVILLE ROAD AND BENEVA ROAD; ; SUBSTITUTED SITE PLAN APPLICATION NO. 02-SP-36 IS REQUIRED TO BE CONSTRUCTED IN ACCORDANCE WITH APPROVED VARIANCE 02-48 AND MAJOR CONDITIONAL USE APPLICATION NO. 02-CU-12; PROVIDING FOR CONDITIONS; ; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) (APPLICATION NOS. 02-CU-12, 02-SP-36, AND 02-ROA-05, APPLICANT HERMAN WEINBERG, OF HEDJ ENGINEERING, INC., STEVE MAYHEW OF HOMES AND DREAMS REALTY, INC., AND DANIEL LOBECK, ESQUIRE, AS AGENTS REPRESENTING MERCA REAL ESTATE, LLC, AS OWNER) - PASSED ON FIRST READING (AGENDA ITEM X-B-1 (b)) CD 6:37 through 7:14 City Attorney Taylor stated that the first quasi-judicial public hearing concerns Major Conditional Use Application No. 02-CU-12 to allow the operation of a hotel/motel use in a Residential Multiple Family 4 (RMF-4) Zone District with Site Plan Application No. 02-SP-36 for approval of the hotel/motel structure in substitution for previously approved Site Plan Application No. 96-PSD-D; that the recommendation is to allow 10 minutes for the Applicant's presentation and 5 minutes for rebuttal; that the City will have 7 minutes for presentation and 5 minutes for rebuttal; that other interested persons will have 3 minutes to speak; that the attorney representing the Applicant has indicated the possibility of requiring additional time. Vice Mayor Palmer stated that hearing the Commission's agreement, the time limits are approved; and requested that Commissioner ex parte communications, if any, be disclosed. Vice Mayor Palmer and Commissioners Martin, Quillin, and Servian stated that no ex parte communications have occurred. Vice Mayor Palmer opened the public hearing and stated that proposed Resolution No. 03R-1554 is to allow a proposed hotel/motel use on property in the Residential Multiple Family 4 (RMF-4) Zone District located at 3470 Fruitville Road; that Site Plan Application No. 02-SP-36 is to allow a hotel/motel use to replace the existing vacant assisted living facility on the property; that the Applicant is Daniel Lobeck, Esquire, as agent representing Merca Real Estate, LLC, as owner; and requested that the Applicant come forward. Daniel Lobeck, Attorney, law firm of Lobeck and Hanson, P.A., representing Merca Real Estate, LLC, the owner of the property located at 3470 Fruitville, Innocenzo Gagliardi, Managing Member of Merca Real Estate, LLC, Herman Weinberg of HEDJ Engineering, Inc., Steve Mayhew Real Estate Consultant, Homes and Dreams Realty, Inc., Larry Washmuth, ASLA, Stewart Washmuth and Co., Landscape Architects, and Richard Mega, Architect and Vice President, Ritter, Mega and Associates, came before the Commission. Attorney Lobeck stated that the property with the abandoned modular buildings is an eyesore and blight; that the Applicant proposes to convert the eyesore into a source of pride which will benefit the City by the development of a quality hotel/motel; that the presentation will demonstrate the BOOK 53 Page 24414 12/02/02 6:00 P.M. BOOK 53 Page 24415 12/02/02 6:00 P.M. intentions of a local developer to develop the property; that the testimony presented will also demonstrate the project is not real estate speculation. Attorney Lobeck continued that the Development Review Committee (DRC) unanimously approved the site and development plans; that the required variance was approved by the Board of Adjustment; that the request is to allow the project to proceed as a hotel/motel development according to the proffered site plan; that the proposal is a good redevelopment project for the area; that the Applicant attempted to accommodate all suggestions by City Staff; that the helpfulness of City Staff through the application process is appreciated; that the timing of the proposed project is significant; that the application was received on the last effective date of the Zoning Code (1998 ed.); that the transition rules allow a six-month window for approval under the Zoning Code (1998 ed.); that a hotel is not an allowable use under the new Zoning Code (2002 Ed.); that the status under the Zoning Code (1998 ed.) will be lost and the development cannot proceed if the process is delayed beyond the end of 2002; that the Applicant will be asked questions for the record. Attorney Lobeck asked if Mr. Gagliardi and his wife are the sole owners of Merca Real Estate, LLC? Mr. Gagliardi stated yes. Attorney Lobeck asked if a commitment is made to develop the hotel as described according to the schedule of construction exhibited to the City? Mr. Gagliardi stated yes. Attorney Lobeck asked if Mr. Gagliardi is a resident of Sarasota County with children in the Sarasota County school system? Mr. Gagliardi stated yes. Attorney Lobeck asked if financing has been secured for the proposed development as stated in the September 13, 2002, letter of commitment from the Bank of St. Petersburg entered into the record? Mr. Gagliardi stated yes. Attorney Lobeck asked if Mr. Gagliardi has substantial prior development experience as described by the September 11, 2002, letter from the Mayor of Crespin, France, and others entered into the record? Mr. Gagliardi stated that he has more than 20 years of substantial development experience. Attorney Lobeck asked if a quality hotel will be developed on the site? Mr. Gagliardi stated yes. Attorney Lobeck stated that the purpose of the questions is to demonstrate to the Commission the intention of a local developer who has committed to proceeding with developing a quality hotel project. Attorney Lobeck referred to the document with Castle Castello information included in the Agenda backup material and stated that the information has been superseded by other submissions and is obsolete. Mr. Mega referred to architectural renderings of the proposed project displayed on the Chamber monitors and stated that modular structures were placed on the proposed site approximately 6 years agoi that the modular structures will undergo complete renovation; that the existing blue roofs will be removed and replaced with a metal tile roofing material; that landscaping will be added; that elevators and stairs will be installed in the interior of the structures; that the entire outside wall surfaces will be redone; that the windows and existing balconies will remain; however, the balconies will be covered and railings will be installed. Mr. Mega referred to a site plan of the proposed project displayed on the Chamber monitors and continued that activities for the guests of the facility will be provided at the inside court area; that the goal is to develop the structures as part of the community with a residential feel; that the original room count has decreased from 128 to 110 units; that a restaurant will not be constructed at the location; that the facility will serve a minor continental breakfast such as coffee and donuts in the morning hours. Mr. Weinberg stated that a 6-foot high masonry wall will be constructed along the southern boundary of the property line; that landscaping will also be installed for additional buffering from the existing apartment complex to the south. Attorney Lobeck referred to the October 30, 2002, letter from The Hamilton Group Management Co., Inc. (Hamilton), included in the Agenda backup material and stated that Hamilton is the management company which operates the apartment complex to the south of the proposed development; that Hamilton is supportive BOOK 53 Page 24416 12/02/02 6:00 P.M. BOOK 53 Page 24417 12/02/02 6:00 P.M. of the development with the condition of the installation of the 6-foot high masonry wall between the two developments. Mr. Mayhew stated that the hope is the development will be a complement to the planned convention center at the Sarasota County Fairgrounds; that the development is approximately .6 of a mile east of the Sarasota County Fairgrounds with a connecting sidewalk; that a 300-unit increase of hotel/motel rooms has occurred in the City over the past five years; that a hotel/motel use will be good for area. Attorney Lobeck stated that the Applicant determined Sarasota is a good place to invest resources which will be a benefit to the City; that an assisted living facility use is not viable nor marketable for the area; that the Applicant is committed to moving forward with developing a quality hotel/motel which will be compatible with the existing commercial and residential uses in the area. Commissioner Quillin referred to the site plan of the proposed development displayed on the Chamber monitors and asked for clarification regarding the design of the landscaping. Attorney Lobeck stated that the Applicant is bound to the landscaping design of the site plan as part of a condition of approval; that the extensive landscaping is an attempt to buffer the parking areas. Commissioner Quillin asked if oak trees will be installed on the northern side of the development along Fruitville Road? Mr. Washmuth stated yes; that oak trees as well as Crape Myrtles will shade and buffer the parking area; that a Viburnum hedge will be planted for a 2-foot high buffer to passing vehicles on Fruitville Road. Commissioner Quillin asked the size of the oak trees being installed? Mr. Washmuth stated that the oak trees are approximately 12-feet high with a 3-inch caliber. Commissioner Quillin stated that spending extra to install larger oak trees is suggested; that the landscaping of the property is a concern for the residents of the area; that incorporating similar landscaping to the type of design currently being installed throughout the City is pleasing; and asked if lighting will be installed on the Fruitville Road side of the development? Mr. Weinberg stated that pole lights will be installed and shielded to avoid reflection off the property into the neighborhoods; that the parking area on the west side will be lighted to provide visual ease for the Sarasota Police Department (SPD) to patrol; that SPD has requested a type of fencing in compliance with the Principles of the Crime Prevention Through Environmental Design (CPTED) program verses a block fencing along Easy Street; that the lighting on Fruitville Road will shade into the development. Commissioner Quillin stated that incorporating some decorative lighting similar to the decorative lighting displayed throughout the City is suggested. Mr. Washmuth stated that the decorative lighting option can be researched. Commissioner Quillin stated that the hope is the City will make Fruitville Road more user friendly in the future. Commissioner Martin asked if the developer will also be the owner and operator of the facility? Mr. Gagliardi stated that he retains control of the properties he develops; however, the property will be managed by a management company. Commissioner Servian stated that a block wall will be installed to the south of the property and CPTED fencing installed along Easy Street; and asked the manner in which the remaining perimeter will be developed? Mr. Weinberg stated that a drainage canal is along the east side of the property; therefore, fencing is not necessaryi that landscaping will be installed for aesthetics; that a cement wall currently exists along the property line of the medical complex to the west; that the Applicant will be discussing the installation of a softer type of fencing with the owners of the medical complex. BOOK 53 Page 24418 12/02/02 6:00 P.M. BOOK 53 Page 24419 12/02/02 6:00 P.M. Commissioner Servian asked if separate fencing will be installed around the pool to offer security for children of the nearby apartment complex? Mr. Weinberg stated that a 42-inch high Polyvinyl Chloride (PVC) picket-type fence will be installed around the pool for security; that fencing all commercial pools regardless of requirements is always recommended. Vice Mayor Palmer requested that Staff come forward for the City's presentation. Allen Parsons, Senior Planner II, Planning Department, came before the Commission, referred to computer-generated slides of the project area displayed on the Chamber monitors throughout the presentation, and stated that Major Conditional Use Application No. 02-CU-12 and Site Plan Application No. 02-SP-36 as incorporated in proposed Resolution No. 03R-1554 is to allow a proposed hotel/motel use in the RMF-4 Zone District within existing structures proposed for renovation at: 3470 Fruitville Road; that the location is approximately 700 feet west of the intersection of Fruitville and Beneva Roads; that the site is approximately 3.6 acres; that vacant modular structures currently exist on the site; that vacant land is to the north, a medical office complex is to the west, and a Burger King restaurant and shopping uses are to the east. Mr. Parsons continued that the site was originally permitted as an assisted living facility; that Site Plan Application No. 02-SP-36 is also the subject of Rezone Ordinance Amendment Application No. 02-ROA-05 as incorporated in proposed Ordinance No.03-4425 before the Commission; that a McDonald's restaurant and additional shopping uses are located across Fruitville Road to the north of the site; that the property is designated in the RMF-4 Zone District within the Community Office/Institutional Future Land Use Classification; that the proposal is to maintain the RMF-4 Zone District; that the application was filed under the Zoning Code (1998 ed.) which allows for a hotel/motel use at the site; that at its October 30, 2002, meeting, the Board of Adjustment deemed a variance for use of the existing modular structures as unnecessary and granted a variance for parking within the 30-foot front yard setback; that the property has adequate size, dimensions, and street frontage for use as a hotel; that the property is within the Fruitville Gateway Corridor Overlay District which attempts to create an enhanced visual eastern gateway to the City. Mr. Parsons stated further that the Applicant proposes architectural changes to make the existing modular structures more aesthetically pleasing including the addition of a stucco finish, roof style changes, differing heights, an extended porte-cochere, and improved balconies; that two site plans have been submitted depicting differences in the entrance configurations from Fruitville Road; that the first site plan proposes two ingress and egress points on Fruitville Road; that both egress points would be right turn only; that left turns across Fruitville Road will be prohibited; that the second site plan proposes one ingress and egress point onto Fruitville Road which was a request by the City's Engineering Department, that configuration of the ingress/egress is dependent on the approval by the Florida Department of Transportation (FDOT). Mr. Parsons referred to Section C, Analysis of the Zoning Code, Part I, Executive Summary and Technical Analysis, indicating the project is in compliance with Section IV-906, Standards for Review, (Zoning Code, 1998 ed.), included in the Agenda backup material and stated that the site is oriented toward Fruitville Road with the pool located in the center court area of the complex; that two loading spaces are located near the porte- cochere and the east side of the propertyi that the entrance and administrative offices are to the north of the property; that the entire project is oriented to the north on Fruitville Road; that accessing the residential neighborhood to the south through the proposed development is prohibited; that the City's Transportation Engineer deemed the project concurrent; however, several considerations such as following Transportation Demand Management (TDM) principles, providing fair share of funding for intersection improvements, and granting a cross-access easement on the northeast portion of the property were recommended; that the cross-access easement may provide future opportunity to access the shopping center to the east without accessing Fruitville Road; that the Applicant has agreed to provide a cement pad for a Sarasota County Area Transit (SCAT) bus stop and a shuttle bus service to the airport and other local destinations. Mr. Parsons stated further that at its November 6, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) found Major Conditional Use Application No. 02-CU-12 and Site Plan Application No. 02-SP-36 as incorporated in proposed Resolution No. 03R-1554 BOOK 53 Page 24420 12/02/02 6:00 P.M. BOOK 53 Page 24421 12/02/02 6:00 P.M. and Rezone Ordinance Amendment Application No. 02-ROA-05 as incorporated in proposed Ordinance No.03-4425 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 of proposed Resolution No. 03R-1554 and proposed Ordinance No. 03-4425 subject to the following conditions: 1. The proposed hotel shall be located and constructed in conformity with Site Plan Application No. 02-SP-36 dated stamped as received by the Planning and Development Department on October 16, 2002; 2. Occupants of the proposed development shall be required to implement Transportation Demand Management Techniques such as a shuttle bus service for guests of the hotel to reduce vehicular traffic for the occupants of the project; 3. The owner of the subject property shall cooperate in good faith with the owner of the adjacent property to the east to negotiate and enter into a mutually agreeable cross-access easement; 4. The Applicant shall pay the City $1,000 prior to the issuance of the first building permit for the project representing the Applicants' fair share of the cost of road improvements necessary to maintain traffic circulation at the intersection of Fruitville and Beneva Roads; 5. Final approval by the Commission of Rezone Ordinance Amendment Application No. 02-ROA-05 and substituted Site Plan Application No. 02-SP-36 by the final adoption of Ordinance No. 03-4425 is required; and 6. Variance 02-48 as approved by the Board of Adjustment on October 30, 2002, to allow 18 parking spaces in the required 30-foot front yard setback remains in full force and effect. Mr. Parsons further stated the Administration recommends adopting proposed Resolution No. 03R-1554 and passing proposed Ordinance No. 03-4425 on first reading. Vice Mayor Palmer asked if the Applicant is willing to participate in the Transportation Management Organization (TMO) ? Mr. Parsons stated that participation in the TMO was not requested by Staff. Vice Mayor Palmer stated that the shopping center across Fruitville Road to the north participated in the TMO; that the proposed development will involve mass transit possibilities; that the Applicant's participation in the TMO seems appropriate. Mr. Parsons stated that the condition regarding implementing TDM measures requires a report be provided by the Applicant to the City each October for 3 years. Vice Mayor Palmer stated that a recommendation by the City's Engineering Department regarding the Applicant's participation in the TMO is desired; however, Staff is not present. Commissioner Quillin stated that the Applicant could voluntarily agree to participate in the TMO. City Manager McNees stated that the Transportation Impact Analysis did not require participation in the TMO; that transportation issues will be resolved if the Applicant fulfills the TDM requirements. Deputy City Auditor and Clerk McGowan stated that no interested persons have signed up to speak. Vice Mayor Palmer requested that the Applicant come forward for rebuttal. Attorney Lobeck asked if participating in the TMO would require any financial responsibility or attending meetings? Vice Mayor Palmer stated that the TMO is being developed; that the TMO focuses on the Downtown area; however, the Downtown is impacted by other areas of the City; that she is requesting all Applicants coming before the Commission with major projects participate voluntarily in the TMO if not otherwise required. Mr. Lobeck asked if Mr. Gagliardi agrees to participate in the TMO? Mr. Gagliardi stated yes. Commissioner Quillin stated that the area has been a blight for District 3; that developing a gem for the area is pleasing; that the project is impressive; that a picture of the proposed BOOK 53 Page 24422 12/02/02 6:00 P.M. BOOK 53 Page 24423 12/02/02 6:00 P.M. development is worth a thousand words; and asked the length of time prior to breaking ground if approved? Mr. Gagliardi stated that ground will be broken as soon as possible. Commissioner Quillin asked the time for completion of the project? Attorney Lobeck stated that a construction schedule is included in Agenda backup material. Mr. Mega stated that the building process also requires a review process; that inspections of the existing structures will occur in January 2003; that the Applicant physically owns the property; therefore, the legal delay of transferring the of deed and title will not occur. Mr. Weinberg stated that the time for physical ground breaking for construction will be dictated by the permitting processi that approval from the Southwest Florida Water Management District (SWFWMD), FDOT, the City, and the County is required; that stormwater will be discharged into the drainage ditch to the east which involves the County. Commissioner Servian asked if the construction financing is in place? Mr. Gagliardi stated yes. Vice Mayor Palmer stated that the City has no rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 03R-1554 by title only. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to adopt proposed Resolution No. 03R-1554. Commissioner Quillin stated that developing the project is pleasing. Vice Mayor Palmer stated that anticipating the development of the property is exciting; that she resides approximately 1 mile east of the property which has been an eyesore for years; that Staff has been questioned for a number of years as to future development; and expressed appreciation to the Applicant for bringing the project to the City. Vice Mayor Palmer 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 (4 to 0): Palmer, yesi Quillin, yes; Servian, yes; Martin, yes. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 03-4425 by title only. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 03-4425 on first reading. Vice Mayor Palmer requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yesi Servian, yes; Martin, yes; Palmer, yes. 17. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 02-4413 TO REZONE t 1.1 ACRES LOCATED AT 3293 AND 3305 FRUITVILLE ROAD FROM THE RESIDENTIAL MULTIPLE FAMILY 2 (RMF2) ZONE DISTRICT TO THE OFFICE COMMUNITY DISTRICT (OCD) ZONE DISTRICT; SAID PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF FRUITVILLE ROAD APPROXIMATELY 700 FEET EAST OF LOCKWOOD RIDGE ROAD; APPROVING SITE PLAN APPLICATION NO. 02-SP-47 DEPICTING THREE ONE-STORY OFFICE BUILDINGS PROPOSED TO BE CONSTRUCTED UPON THE REZONED PROPERTY; : PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 02-RE-18 AND 02-SP-47, APPLICANT JOEL J. FREEDMAN, 1 AICP, AS AGENT REPRESENTING TODARO UMBERTO, / AS OWNER, AND MPL PROPERTIES, INC., AS CONTRACT VENDEE) - PASSED ON FIRST READING (AGENDA ITEM X-B-2) CD 7:14 through 7:24 City Attorney Taylor stated that the recommendation is to allow five minutes for the Applicant's and the City's presentation with three minutes for rebuttal; that interested persons will have three minutes to speak; that Commission approval of the time limits is requested. Vice Mayor Palmer stated that hearing the Commission's agreement, the time limits are approved, and requested that Commissioner ex parte communications, if any, be disclosed. Vice Mayor Palmer and Commissioners Martin, Quillin, and Servian stated that no ex parte. communications have occurred. BOOK 53 Page 24424 12/02/02 6:00 P.M. BOOK 53 Page 24425 12/02/02 6:00 P.M. Vice Mayor Palmer referred to the Agenda Request form included in the Agenda backup material indicating Rezone Application No. 02-RE-18 and Site Plan Application No. 02-SP-47 as incorporated in proposed Ordinance No. 02-4413 is to rezone property located on the north side of Fruitville Road approximately 700 feet east of Lockwood Ridge Road with a street address of 3293 and 3305 Fruitville Road from Residential Multiple Family 2 (RMF-2) to the Office Community District (OCD) Zone District; that the Applicant is Joel Freedman, AICP, Freedman Consulting Group, Inc, agent for Todaro Umberto as owner, and MPL Properties, Inc., as contract vendee. Vice Mayor Palmer opened the public hearing and requested that the Applicant come forward. Joel Freedman, AICP, Freedman Consulting Group, Inc, representing Todaro Umberto, as owner, and MPL Properties, Inc., as contract vendee, and William Thorning Little, Architect, came before the Commission. Mr. Freedman referred to development site plans of the MPL Office Park displayed on the Chamber monitors and stated that the property is currently designated in the Community Office/Institutional Future Land Use Classification on the Future Land Use Map; that the property is approximately 1.1 acres located on the north side of Fruitville Road east of Lockwood Ridge Road; that the request is to rezone the property from the RMF-2 to the OCD Zone District to enable the construction of three one-story office buildings totaling 9,996 square feet and associated surface parking for 36 vehicles; that the OCD Zone District encourages more pedestrian orientation; that Site Plan Application No. 02-SP-47 has been proffered with buildings one and two oriented as close to Fruitville Road as the OCD Zone District will allow for structures fronting on arterial or higher classified streets; that parking is behind the buildings away from view; that a single access point will be between the two buildings; that building three is to the rear of the property with parking in the center which will provide an additional buffer to the residential area to the north; that a landscape buffer and stormwater retention area along the north property line will also provide a transition between the residential and office uses; that the project incorporates the principles of New Urbanism which is to place buildings on the frontage and parking in the middle or rear of the property; that the current market demand is for small office buildings; that a recently approved office development, Fruitville Office Park, is under construction on the parcel immediately to the west; that individuals can purchase rather than lease a small office building due to low interest rates; that the project will assist in the desired redevelopment of Fruitville Road; that oak trees will be planted along the frontage of the property; that a tree credit was obtained which allows for the elimination of two parking spaces; that a positive response regarding the low-scale and low-intensity buildings has been received from the neighborhood. Mr. Little referred to architectural renderings of the proposed project displayed on the Chamber monitors and stated that the project includes attractive, single-story, basic office use buildings; that MPL Properties, Inc., is currently constructing a similar building in another location; that window-to-wall ratios on the Fruitville Road side of the buildings are in compliance with the Crime Prevention Through Environmental Design (CPTED) Program; that all mechanical equipment such as air conditioning compressors will be effectively screened from view; that the project is appealing for the area. Mr. Freedman stated that MPL Properties, Inc., is an experienced developer; that similar projects are being constructed at the present time. Commissioner Martin stated that the building setbacks appear different in the architectural rendering of the project than in the site plan and asked the allowed setback? Mr. Little stated that the architectural rendering is not to scale or proportioned and is being shown as a sketch; that additional drawings are available; that the allowed setback is 15 feet from the property line. Commissioner Quillin stated that the site plan indicates a 4- foot iron fence along the frontage of the project and asked if the fence is planned as an entranceway? Mr. Freedman stated that the iron fence is existing and will be removed. Vice Mayor Palmer requested that Staff come forward for the City's presentation. BOOK 53 Page 24426 12/02/02 6:00 P.M. BOOK 53 Page 24427 12/02/02 6:00 P.M. Allen Parsons, Senior Planner II, Planning Department, came before the Commission and stated that proposed Ordinance No. 02-4413 pertains to Rezone Application No. 02-RE-18 to rezone approximately 1.1 acres located on the north side of Fruitville Road approximately 700 feet east of Lockwood Ridge Road from the RMF-2 to the OCD Zone District; that Site Plan Application No. 02-SP-47 has been proffered as a condition of the rezoning and depicts three one-story office buildings; that both applications have been processed under the new Zoning Code (2002 Ed.); that the proposed project is directly adjacent to a similar project currently under development in which the buildings are being placed forward to Fruitville Road. Mr. Parsons continued that at its November 6, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found Rezone Application No. 02-RE-18 and Site Plan Application No. 02-SP-47 as incorporated in proposed Ordinance No. 02-4413 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that the City's Comprehensive Plan designates the site and most other sites along Fruitville Road as in the Community Office Institutional (COI) Land Use Classification; that the OCD Zone District is an implementing Zone District for the COI Land Use Classification; that rezoning the site from the RMF-2 to the OCD Zone District will have no negative impact on public utilities; that the traffic impact of the proposed buildings is de minimis; that transportation impacts from the proposed development, as conditioned, meet applicable concurrency requirements; that the proposed rezoning to the OCD Zone District will not increase the 35-foot building height allowed in the RMF-2 Zone District; that the proffered site plan depicts the roofline of the proposed buildings at 22 feet above grade; therefore, the rezoning will not seriously reduce the flow of light and air to adjacent areas; that the proposal meets the intent and purpose of the OCD Zone District; that the OCD Zone District contains additional requirements for ground-floor windows, screening of mechanical equipment, and pedestrian standards which have been met. Mr. Parsons further stated that the site is also within the Fruitville Gateway Corridor Overlay District which contains additional aesthetic goals to create an enhanced visual eastern gateway to the City and development standards regarding signage and architectural treatment; that buildings one and two have been oriented as close to Fruitville Road as the OCD Zone District will allow; that the building facade visible from Fruitville Road appears the same as the interior building facade, containing faux doors, multi-leveled roof elevations, columns and window placement to add visual interest; that the site contains numerous trees; that of the 52 trees planned for removal, only three are oak trees; that 24 Australian pines are being removed; that the PBLP found the proposed development consistent with the City's Comprehensive Plan, the standards for review set forth in the Zoning Code (2002 Ed.), and the Tree Protection Ordinance and voted unanimously to recommend Commission approval of proposed Ordinance No. 02-4413 subject to the following conditions: 1. The development of the rezoned property shall proceed only in contormity with the site plan file with Site Plan Application No. 02-SP-47; 2. The project depicted on Site Plan Application No. 02- SP-47 shall comply with the non-residential site lighting standards found in Section VII-1402, Zoning Code (2002 Ed.); 3. A consolidation plat shall be submitted to the Director of Building, Zoning and Code Enforcement prior to filing any application for building permit approval for the project; and 4. The three proposed one-story office buildings shall not be used for medical offices. Mr. Parsons further stated that the Administration recommends passing proposed Ordinance No. 02-4413 on first reading. Vice Mayor Palmer stated thaz no interested persons have signed up to speak; that neither the Applicant nor the City has any rebuttal; requested Commissioner supplemental remarks, if any; and hearing none, closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 02-4413 by title only. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 02-4413 on first reading. Vice Mayor Palmer requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. BOOK 53 Page 24428 12/02/02 6:00 P.M. BOOK 53 Page 24429 12/02/02 6:00 P.M. Motion carried unanimously (4 to 0): Servian, yes; Martin, yes; Palmer, yes; Quillin, yes. 18. CITIZENS' INPUT CONCERNING CITY TOPICS: CD 7:24 through 7:36 The following people came before the Commission: Robert McLeod, 1913 South Orange Avenue (34239), representing Retired City Firefighters Association, stated that many pages of testimony were prepared in response to a communication received which indicated the County was once again attacking the pension benefits of the retired City firefighters; that twelve additional retirees were prepared to speak including retired Fire Chief Harold Stinchcomb; that testimony will not be made at the present time due to earlier discussions held with the City Manager; that the retirees are extremely upset with the County's position; that the Commission is urged to carefully consider any possible repeal of Ordinance No. 98-4074; that the Commission is requested to consider carefully the following Section 24-30(a), Sarasota City Code: Upon the death of a firefighter retired the pension paid to such surviving spouse shall, at all times, be equal to at least one-third of the base salary for a journeyman firefighter, as such salary may be changed from time to time. Should the surviving spouse's pension be less than this minimum, then the pension shall be increased to the minimum Mr. McLeod continued that some of the widows were previously existing on pensions of $5,000 or $7,000 annually; that Ordinance No. 98-4074 brought the widows up to a livable standard. Abigail Fletcher and Rebecca Wood, 5700 North Tamiami Trail, Box 726 (34243), representing Code Pink, Outrageous Women of Sarasota. Ms. Wood stated that she and Ms. Fletcher have come before the Commission to introduce themselves and to provide a report concerning the previous five days of preemptive action against the potential war in Iragi that actions taken are in solidarity with the four-month women's fast for peace which is taking place in Washington, D.C., in front of the White House and also in hopes of sparking more dialog in Sarasota about what citizens can do to stop the potential war in Iraq. Ms. Fletcher stated that the permit the City issued for use of City Hall's front lawn for a peaceful demonstration is appreciated; that Commissioner Martin spoke with them during the demonstration which was appreciated; that the hope is other Commissioners will speak to them and hear their concerns as well. Ms. Wood stated that discussions were held with people who walked by City Hall; that literature was handed out regarding the possible war in Iraq; that the hope was to inform people; that a critical mass bicycle ride was held around the Downtown in opposition to the potential war for oil; that a number of women fasted in solidarity with the women demonstrating in Washington, D.C.; that the fast went well and was broken at a ceremony at Five Points Park; that a number of people led teachings at Five Points Park regarding the potential war situation as well as the government's current foreign policy. Ms. Fletcher stated that several cities throughout the United States have passed resolutions against the possible war in Iragi that many other cities are working toward anti-war resolutions; that the City of St. Petersburg, Florida, is working on a resolution against the possible war in Iraq. Stan Zimmerman, 2469 Novus Street (34237), stated that seeing young people engaged in civic affairs is refreshing and commendable; that the Commission is commended for providing the opportunity for young people to speak; that a status report is being provided concerning the Sarasota County Fairgrounds (Fairgrounds) on Fruitville Road; that two large projects were approved earlier on Fruitville Road; that one project was contingent upon the new Convention Center which is planned for the Fairgrounds; that former Senator Bob Johnson previously came before the Commission and indicated the County held a public hearing at which upcoming plans for the Fairgrounds were discussed; that he was the only person representing the City at the public hearing; that the public hearing concerned a project in excess of $50 million to build a 200,000 square foot facility on a 60-acre plot of land; that the land is not in good shape; that the Parks + Connectivity Master Plan calls for a 30-acre park east of Fruitville Road in the future; that a suggestion is for the City to work with the County before a site plan for the BOOK 53 Page 24430 12/02/02 6:00 P.M. BOOK 53 Page 24431 12/02/02 6:00 P.M. Fairgrounds is proffered; that some of the 60 acres could be utilized for public access as a public park since the Fairgrounds are not used as Fairgrounds 365 days of the year; that public access to a park-like setting could satisfy the Parks + Connectivity Master Plan requirements without the expenditure of City funds to purchase 30 plus acres in a highly urban environment; that a suggestion is to assist the County to make an amenable compromise for the 60 acres; that support for urban principles was expressed earlier; that the proposed plan for the Fairgrounds is counter to the image desired for the Fruitville Road entranceway into the City; that consulting with the County prior to development of a site plan is suggested; that the County can be encouraged to develop the site plan with a park-like setting in the Fairgrounds sO multiple objectives can be satisfied with one stroke of the pen. Linda Holland 617 Gillespie Avenue (34236), stated that, the Commission is praised for issuing the proclamation for Josie and Roy Nichols; that the proclamation was presented to them at the picnic in Gillespie Park; that the presentation was surprising, overwhelming, and delightful; that great food and a beautiful day were enjoyed in the park; that the picnic in the park included people playing soccer and tennis and children playing in the playground; that friends who had lived in the neighborhood years ago came to the picnic; that Peter Abbott, Chief of Police, Sarasota Police Department, came to the picnic with his family and stayed for a long period of time; that the picnic in the park was almost perfect; however, the neighborhood residents were surprised and somewhat dismayed at the attitude received from the people who are conditioned to use the park every Sunday for the Church in the Park activities; that neighborhood residents were actually chastised for using the park by individuals attending the Church in the Park activities; that the neighborhood residents had a permit for the picnic; that the neighborhood residents were intruded upon a number of times by people looking for the Church in the Park activities; that the hope and understanding is the resolution to address the problem will be timely; that the neighborhood residents received an attitude indicating they should not be using the park; that the day was otherwise beautiful; that more picnics in the park will be held; that the hope is individual Commissioners will be able to participate in future picnics; that the picnic in the park brings the neighborhood together. 19. NEW BUSINESS : APPROVAL RE: FISCAL YEAR (FY) 2002/03 NEIGHBORHOOD GRANT PROGRAM = OCTOBER CYCLE - APPROVED (AGENDA ITEM XIII-1) CD 7:36 through 8:13 Michael Raposa, Director of Neighborhoods, came before the Commission, referred to computer-generated slides concerning the Neighborhood Grant Program displayed on the Chamber monitors throughout the presentation, and stated that the Neighborhood Grant Program (NGP) is being brought before the Commission under New Business due to substantial changes from the current program; that the Commission allocated an additional $10,000 to the NGP from the General Fund, providing for consideration of program and projects not directly related to reducing crime and/or the perception of crime; that other changes to the funding concern the maximum allowable amount per association which has been reduced from $5,000 to $2,000 based on estimates by the Finance Department of the main source of funding for the NGP; that the projections for the next two years indicate a reduction in funding availability; that the neighborhoods have been promised the City will seriously consider raising the limit if the reduction in funding sources does not occur; that the maximum per association was reduced to ensure funds will be available in future years; that another change discourages carryovers from one fiscal year to the next; that funds should be expended within the same fiscal year; that the types of projects which are being sought are easily completed within the fiscal year. Mr. Raposa continued that another change is the provision of a clear statement of the intent of the program; that the intent of the program is: 1) to assist and strengthen the City neighborhood associations and 2) to improve the quality of life within City neighborhoods; that the eligibility of applicants has also changed; that neighborhood, community, resident and homeowner associations, coalitions of associations, and neighborhood watch groups located in the City and on record with the Department of Neighborhoods are eligible for funding; that business associations and other non-profit agencies may be considered if the proposed projects or programs demonstrate a direct impact to a neighborhood and evidence of neighborhood concurrence is presented. Commissioner Servian asked the definition of a neighborhood? BOOK 53 Page 24432 12/02/02 6:00 P.M. BOOK 53 Page 24433 12/02/02 6:00 P.M. Mr. Raposa stated that a neighborhood could be many things to many people; that a business association within a neighborhood would be eligible under the new guidelines. Commissioner Servian stated that hearing a neighborhood is not simply defined as residential is pleasing. Mr. Raposa stated that Staff is working to build a bridge with the neighborhood business associations through inclusion in projects and programs which directly impact the neighborhood and which will improve the general area. Vice Mayor Palmer stated that some of the associations are coalitions of business and residential members and are not purely one or the other which is encouraged. Commissioner Martin asked if a business association is a commercial business within the boundary of a residential neighborhood? Mr. Raposa stated that associations of commercial businesses such as the North Trail Association, the St. Armands Circle Association, and The Downtown Association of Sarasota, Inc., are eligible. Commissioner Quillin asked if Mid-Town Plaza would be eligible for funding? Mr. Raposa stated that the Mid-Town Plaza is not on the City's list as an association and is not a non-profit agency; that Mid- Town Plaza would not be eligible; that the application could come through the neighborhood association for a project as long as the project is being conducted on public land and could benefit the neighborhood; that any project submitted must be on City right-of-way. Commissioner Quillin stated that better definitions are requested; that business associations which are not for profit should be included in the definition; that a neighborhood could be a well organized City block or a neighborhood watch group; that one known neighborhood watch group is active on one block in the City. Mr. Raposa stated that defining a neighborhood association is difficult and is a challenge presented across the United States. Commissioner Quillin stated that more participation in grant programs will be promoted if a definition exists for a neighborhood association; that for example, the Arlington Park Association could work with Mid-Town Plaza to submit a proposal. Mr. Raposa stated that an association between the Arlington Park Association and the Mid-Town Plaza is already possible within the current guidelines. Commissioner Quillin stated that the NGP does not indicate a business association can work with a neighborhood association; that the NGP should be expanded to encourage more participation and creativity. Mr. Raposa stated that entities not eligible for funding are for-profit service providers and also local government entities such as the School Board of Sarasota County or the County; that some responsibilities of the applicant have been crystallized through the changes made in the NGP; that the. first and foremost change is the permitting requirement; that grant recipients must obtain all required building permits within 30 days of initiating the project; that grant recipients awarded the work must adhere to all applicable City codes and obtain any quotes required by City policy; that grant recipients will be required to complete and submit quarterly performance reports; that grant recipients must produce a final performance report evaluating the success of the project within 60 days of the project completion which will assist in auditing. Commissioner Martin stated that grant recipients will be expected to apply for a permit if required within a 30-day period; and asked if the grant recipients will be required to obtain three competitive bids? Mr. Raposa stated that most grant recipients are required to obtain telephone quotes; that few written quotes are required. Vice Mayor Palmer asked if a dollar level exists for requiring either a telephone quote or a written quote? Mr. Raposa stated that the bid process is consistent with the City's policy for obtaining quotes. BOOK 53 Page 24434 12/02/02 6:00 P.M. BOOK 53 Page 24435 12/02/02 6:00 P.M. Commissioner Servian asked if a catalog of projects is maintained of grant funds utilized by the neighborhoods? Mr. Raposa stated that a catalog of projects does not exist at the present time but is planned. Commissioner Servian stated that a catalog of projects could become an excellent communication tool to assist neighborhoods by providing examples of prior grant applications; that digital photographs could be obtained; that an internet website could be created sO neighborhoods can see some of the interesting projects which can be done with the grant funds; that many neighborhoods have not applied for grant funding since the benefit of receiving grant funding is not understood; that an internet website would provide a better understanding of the grant process. Mr. Raposa stated that every opportunity for public awareness will be examined. Vice Mayor Palmer stated that the Department of Neighborhoods will have a library of areas of expertise which can be relied upon by neighborhoods as new opportunities arise; that many opportunities exist. Mr. Raposa stated that projects using vehicle impoundment funds must demonstrate the potential to reduce/prevent crime or the perception of crime; that the potential benefit to the neighborhood must be demonstrated in the grant application; that installations must be on public land; that a blank Neighborhood Grant Program Application is provided in the Agenda backup material. Commissioner Martin stated that prior successful grant applications have been for neighborhood association signs noting upcoming meetings; that the signs are generally posted on private land. Mr. Raposa stated that signs can be posted on public land as long as the signs are portable and are taken down after the meeting; that temporary signs were encouraged. Commissioner Martin stated that his prior understanding was signs could not be placed in public rights-of-way; that some neighborhood associations have members who live in strategic visible locations and who have the responsibility of putting up and taking down the signs; that the signs have been placed in members' yards; and asked if an affidavit allowing the signage on public land must be obtained? Mr. Raposa stated that the requirement for an affidavit is not known and has not been encountered; and continued that projects which neighborhood associations could sponsor are projects related to: crime prevention - neighborhood identity - events without food - neighborhood communication - educational programs children and youth programs Mr. Raposa further stated that projects and items not qualified through the current program are: - capital items - operational costs multi-year projects - projects funded by another source - projects typically funded by another source - already completed projects Mr. Raposa further stated that capital items are any individual items such as computers which the City would normally track; that operational costs are costs such as electrical bills and salaries; that funds must be secured to complete multi-year projects; that projects which are funded through the CIP or through the current Traffic Abatement Program are not qualified; that projects typically or actually funded by another source will be referred to Staff; that funding is not provided for projects which are already completed. Mr. Raposa stated further that the Neighborhood Grant Program Application is six pages; that the Application is deliberately BOOK 53 Page 24436 12/02/02 6:00 P.M. BOOK 53 Page 24437 12/02/02 6:00 P.M. simplified; that the Application contains objective and subjective areas including the following eight sections: organization information leadership information - neighborhood information - project/program information - funding information - expenditure information - certification submission Mr. Raposa stated that the application requires specific information such as the grant funds requested, the plan for the funding received, and the matching funds amount. Vice Mayor Palmer asked if in-kind services or volunteer time are valued with regard to matching funds? Mr. Raposa stated that the current rate at which volunteer time is calculated is between $10 and $15 per hour per person; however, the rates are not established in writing; that a rate of $15 per hour encourages volunteers to participate even if the rate is only on paper. Mr. Raposa continued that the Grant Applications were mailed to the neignborhood associations on September 25, 2002, with a deadline of October 28, 2002; that the normal requirement is approximately 30 days; that the 30-day requirement is lenient at the current time since many neighborhood associations wish to wait until the spring of 2003 to become better organized and to increase the quality of projects being funded through the program and to have projects which clearly meet the City's goals; that a day and evening orientation meeting were held on October 9, 2002; that approximatey 25 people attended the meetings; that the presentation being given at the present time as well as a line-by-line specific explanation of the Grant Application was provided at the orientation meeting; that the scoring instrument was provided. Mr. Raposa further stated that upon receipt, each Grant Application was reviewed by Staff to determine the following criteria were met: - The Grant Application meets the deadline. - The Grant Application is in the prescribed format. The project is eligible. The entity is eligible. Mr. Raposa stated further that the Grant Applications which met the criteria were deemed qualified; that 13 Grant Applications were received and were qualified; that the Grant Review Committee is recommending ten Grant Applications be funded; that eight should be fully funded and two partially funded; that the Grant Review Committee met twice; that the first meeting was conducted to receive the Grant Applications, the scoring instrument, and instructions; that the Grant Review Committee was advised of the requirements of Florida's govermment-in-the- sunshine laws; that the Grant Review Committee sat as a jury in the second meeting; that the Grant Review Committee was comprised of City Staff from key departments involved in the implementation of some of the projects as well as two neighborhood leaders; that the neighborhood leaders were not involved in the Grant Application process; that the neighborhood leaders signed an agreement indicating no personal conflict of interest relating to any of the Grant Applications; that the Grant Applications were reviewed alphabetically, that the individual scores as well as an average score were calculated; that the Grant Review Committee considered the scores in descending order from the highest to lowest and reviewed the budgets line by line; that the Grant Review Committee was requested to include in a motion a recommendation for an average score and to fund or not to fund with a specific dollar amount; that the Grant Review Committee was conservative and detailed throughout the process. Mr. Raposa stated that each Grant Application received a score based on 100 points total from the following categories worth 20 points each: Category Description Project Description How well does the application describe the project and its goals? BOOK 53 Page 24438 12/02/02 6:00 P.M. BOOK 53 Page 24439 12/02/02 6:00 P.M. Community Need How well does the application describe/communicate/address a community need? Community/Association Does the project have the Strengthening potential to strengthen the association and neighborhood? Community Support Does the application show evidence of community consensus for the project and resident involvement in the implementation? Proposed Budget Are the budget revenues and expenses Clear and justifiable funding source appropriate? Mr. Raposa continued that Staff reviewed the Grant Review Committee's recommendations to determine which fund would be more appropriate to fund the Grant Applications; that Grant Applications mentioning prevention of crime and/or the perception of crime as a goal are being recommended for funding from the vehicle impoundment fund; that some Grant Applications made no reference to crime and will receive funding through the General Fund. Mr. Raposa further stated that the Grant Application projects being recommended for funding are provided in the Agenda backup material and are as follows: Project Amount Alta Vista Newsletter and Meeting Room Fee $370.92 Amaryllis Park Membership Drive $414.50 Bellevue Terrace Newsletter $999.86 Burns Square Awareness Drive $1,000 Central/Cocoanut Membership Drive $2,000 Indian Beach Sapphire Shores Web Expansion $624.00 Laurel Park Membership Drive $1,962 Lido Key Signs $1,000 Ringling Park Awareness $1,980 Terrace Garden Community OutReach $810.80 Total $11,162.08 Mr. Raposa stated further that three Grant Application projects not being recommended for funding were submitted by: Fairway Oaks Condominium Association San Remo Estates Association, Inc. - Rosemary District Association Mr. Raposa stated that the Fairway Oaks Condominium Association Grant Application lacked evidence of community support; that the Grant Review Committee did not feel the project was a community- building activity; that the project for the San Remo Estates Association, Inc., is more appropriately funded through the Capital Improvement Program (CIP) or the Traffic Abatement Program; that the Rosemary District Association Grant Application requested two items; that one item was a request for a camera which was over $500; that additionally, the Grant Application did not have a substantial amount of community support evidence attached; that a recommendation was made to enhance and submit the Grant Application in the spring of 2003. Commissioner Quillin asked if the Grant Application will be available on the City's internet website? Mr. Raposa stated that plans to include the Grant Application on the City's internet website are being discussed; that space limitations may be an issue; that the Grant Applications are currently being submitted hand-written which is simple; that including attachments and worksheets would be difficult if the Grant Application was available for actual submission through the internet website; that the Grant Application is currently available in -pdf format; that the Grant Application can be downloaded, printed, and submitted. Commissioner Quillin stated that the preference is not to submit the Grant Application through the internet website but rather to have the ability to download and print the Grant Application; and asked the next cycle for the Grant Applications? Mr. Raposa stated that the current Administrative Regulations indicate February 2003; that sufficient lead time is necessary for Staff to work with the ten current Grant Applications. Commissioner Quillin stated that 45 days may be necessary for the neighborhoods to complete and submit Grant Applications. BOOK 53 Page 24440 12/02/02 6:00 P.M. BOOK 53 Page 24441 12/02/02 6:00 P.M. Mr. Raposa stated that part of the delay with the October cycle concerned the City's budget cycle; that the new budget was not approved until September 2002; that advertising prior to funding approval in the new budget was not considered prudent; that nine of the applicants were first-time applicants which is pleasing. Commissioner Quillin stated that five applicants are in her district; that three are from new associations which is pleasing. Vice Mayor Palmer stated that the Grant Applications are available to the associations; that the next cycle is not until February 2003 which provides sufficient time for applicants to obtain assistance from Staff to meet deadlines. Commissioner Martin asked if two Grant Application Cycles will take place per year? Mr. Raposa stated yes. Commissioner Martin stated that the disbursement of funds has changed as well and asked for clarification regarding the process of obtaining competitive bids. Mr. Raposa stated that the benefit to the City is the process can be tracked; that the benefit to the neighborhood associations is utilization of the City's purchasing power; that the neighborhood associations are being strongly encouraged to have the City make direct payments to vendors licensed in the City's purchasing system; that a benefit is received since the City is purchasing for a City project; that the benefit of tax exempt status is also received; that the City can provide a reimbursement check for associations which are incorporated and choose to prepayi that reimbursement checks will be discouraged since the City's purchasing system provides better tracking and a higher level of quality control. Commissioner Martin stated that all projects should be funded through the City's purchasing system. Mr. Raposa stated that an example is a $10,000 project of which the City is paying $2,000; that if the association is incorporated and wishes to write a check for the entire $10,000 amount, the City could reimburse the association for the $2,000. Commissioner Martin stated that the amount of funding received by each neighborhood cumulatively over time would be interesting; that having new neighborhood associations applying for grants is impressive; that items such as digital cameras should be the property of the City and loaned and shared as opposed to going through a grant process. Mr. Raposa stated that one group previously requested a gas grill for an event; that the gas grill was purchased as City property and can be loaned out to all City neighborhoods for events in the City. Commissioner Martin stated that grants have been provided for cameras, bicycles, and telephones in the past; that these types of items could be shared. Mr. Raposa stated that Staff recommends the Commission approve the Grant Review Committee's recommendation for funding allocation, authorize the Administration to disburse $11,162.08 of funding allocated for the NGP with $9,791.16 awarded for crime-related projects and $1,370.92 awarded for non crime- related projects, and authorize the Administration to execute an Agreement for Neighborhood Grant Funding with each neighborhood association awarded funding. Commissioner Servian asked if the Grant approval process includes examining funds a neighborhood association may have available? Mr. Raposa stated that to maintain a fair process, the Grant Review Committee evaluates the project specifically; that some neighborhood associations may not have a bank account and should not have to compete with neighborhood associations in the City which have a bank account; that the Grant Application is reviewed on the basis of the amount of money a neighborhood association is willing to leverage against the project; that the money can be in the form of cash or in-kind services. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to approve the Grant Review Committee's recommendation for funding allocation, authorize the Administration to disburse $11,162.08 of funding allocated for the Neighborhood Grant Program with $9,791.16 awarded for crime- related projects and $1,370.92 awarded for non crime-related projects, and authorize the Administration to execute an BOOK 53 Page 24442 12/02/02 6:00 P.M. BOOK 53 Page 24443 12/02/02 6:00 P.M. Agreement for Neighborhood Grant Funding with each neighborhood association awarded funding. Commissioner Servian stated that the efforts of Staff are exemplary. Vice Mayor Palmer stated that the efforts of Staff and the Grant Review Committee are appreciated; that the manner in which the Grant Review Committee was developed is pleasing. Vice Mayor Palmer called for a vote on the motion. Motion carried unanimously (4 to 0): Martin, yesi Quillin, yes; Servian; yes Palmer, yes. City Manager McNees that the NGP process integrates efforts between Departments; that Staff is congratulated for a job well done. Commissioner Quillin stated that the Terrace Garden Neighborhood held a picnic and was the first neighborhood to borrow the City trailer which has the barbecue grill and popcorn machine; that the lending program is excellent. 20. NEW BUSINESS: PRESENTATION RE: PROGRAM STATUS REPORT FROM THE SARASOTA BAY NATIONAL ESTUARY PROGRAM TO UPDATE THE CITY COMMISSION ON PROGRAM ACTIVITIES REPORT PROVIDED (AGENDA ITEM XIII-2) CD 8:13 through 8:35 Mark Alderson, Executive Director, Marian Pomeroy, Finance and Program Administrator, Gary Raulerson, Senior Environmental Scientist, and Brie Willett, Public Community Outreach Coordinator, Sarasota Bay National Estuary Program (SBNEP), came before the Commission. Vice Mayor Palmer passed the gavel to Commissioner Servian and left the Chambers at 8:13 p.m. Ms. Willett distributed the following recent SBNEP publications to the Commission: A Chronicle of Florida's Gulf Coast Sarasota Bay Blueways Gulf Coast Heritage Trail Mr. Alderson referred to computer-generated slides of various SBNEP projects displayed on the Chamber monitors throughout the presentation and stated that the City and Mote Marine Laboratory and Aquarium (Mote Marine) undertook a major movement which brought the SBNEP to the City in 1989; that the SBNEP is one of the original 12 programs named in the Water Quality Act of 1987; that the SBNEP builds partnerships with the community and local governments to improve the quality of Sarasota Bayi that the SBNEP has been working to improve the quality of Sarasota Bay since 1993 when the Preliminary Management Plan was released to the community. Vice Mayor Palmer returned to the Chambers at 8:16 p.m. Mr. Alderson stated that the following major problems were identified in 1993: Decline in water quality - Increase in nitrogen pollution of 480 percent = LoSS of wetlands at 39 percent - Loss of sea grass at 30 percent - Overuse of the water resource - Decline in the quality of Sarasota Bay Mr. Alderson continued that estuaries are significantly important and are the cradles of life which provide breeding areas for marine life such as fish, crabs, birds, manatees, and dolphins; that estuaries are also economically important and provide recreational opportunities such as boating, fishing, swimming, and bird watching; that Sarasota Bay is a major attraction; that tourism is the number one industry in Sarasota County; that the quality of the environment, Sarasota Bay, and the beaches is linked to tourism. Mr. Alderson further stated that the two missions of the program are to provide education and outreach with the community to develop grassroots support for the program and to also build a cooperative spirit among Federal, State, and local governments resulting in funding opportunities to bring revenue to the area. BOOK 53 Page 24444 12/02/02 6:00 P.M. BOOK 53 Page 24445 12/02/02 6:00 P.M. Ms. Pomeroy stated that both non-federal and Federal funding is received for the SBNEP; that the only distinction is requirements for matching funds; that the SBNEP was established with funding provided by the Federal Environmental Protection Agency (EPA); that additional Federal funding has been obtained through the US Fish and Wildlife Service; that non-federal funding is received from the City and County as well as from mitigation fines and funding received through the Southwest Florida Water Management District (SWFWMD); that funding in the amount of $510,000 is being received annually from the EPA; that the amount has frequently changed over the last two to three years and is anticipated to increase; that the funding sources for the SBNEP at the present time are: Source Amount EPA $510,000 US Fish and Wildlife Service $42,000 National Fish and Wildlife Foundation $20,000 US Geological Service $100,000 SWFWMD $133,000 Manatee County $50,000 Sarasota County $139,265 City $33,000 Total $1,027,265 Mr. Alderson stated that additional funding is being received from the Sewer Program of Sarasota County and the Manatee County Agricultural Re-Use System; that the amount of funding being directed towards the SBNEP is astronomical; that the SBNEP is intimately involved in the decision-making processesi and continued that the SBNEP is involved in the following Action Plans: Wastewater Action Plan Upgrade wastewater treatment plants - Set sewer priority areas Develop regional re-use system Stormwater Action Plan Retrofit watersheds Continue the Florida Yards and Neighborhoods Program Wetlands Action Plan Restore publicly owned lands - Acquire sensitive areas Fish and Other Living Resources Action Plan Reintroduce scallops Construct reefs Midnight Pass Recreation Use Action Plan Gulf Coast Heritage Trail Blueways Chronicles Mr. Alderson further stated that the SBNEP is involved in a major $12 million purchase of the Robinson Preserve which is at the tip of Tampa Bay in Manatee County; that the site is extraordinary, that the SBNEP will be involved in restoring the land once acquired; that the SBNEP is involved in 32 privately- owned restoration projects; that 170 acres of wetlands have been restored in the process; that the Public Works Department assisted with the Ken Thompson Park Lagunal Contouring Improvements; that re-vegetation is assisted by encouraging the growth of existing natural vegetation; that tidal pools were recreated in Durante Park and Hogg Creek through the use of bulldozers. Mr. Alderson stated further that scallops have been reintroduced three times into Sarasota Bayi that red tide outbreaks have hampered the efforts; that the scallops are spawning but cannot take hold due to red tide issues; that the status of Midnight Pass continues as a critical decision; that the Sarasota Board of County Commissioners voted 4 to 1 to move forward with the permitting process to reopen Midnight Pass; that the outcome is not known at the present time due to regulatory issues; that 2,500 inshore artificial reefs have been introduced into Sarasota Bayi that sport fishermen have been happy with the success of the artificial reefs; that the number one use of the Sarasota Bay is viewing; that people enjoy looking at Sarasota Bayi that access points will be created around Sarasota Bayi that restoration activities will include development of public access points along the Gulf Coast Heritage Trail; that the Gulf Coast Heritage Trail is being marketed through a brochure along BOOK 53 Page 24446 12/02/02 6:00 P.M. BOOK 53 Page 24447 12/02/02 6:00 P.M. with the publication entitled "A Chronicle of Florida's Gulf Coast"; that brochures are handed out at area tourist information centers and are highly used by the tourists; that most of the City's cultural points of interest surround Sarasota Bay. Ms. Willett stated that events which were hosted over the last year included the Clear View of the Bay 5K walk/run through Ken Thompson Park and portions of St. Armands Keyi that the walk/run is very popular and involves over 200 participants; that the celebration of National Estuaries Day was hosted on October 5, 2002; that the Florida Native Plant Sale in conjunction with the Serenoa Chapter of the Florida Native Plant Society was hosted; that over 800 Florida native plants were sold to residents in Manatee and Sarasota Counties; that Sarasota Bay boat tours on the Sarasota Bay Explorer were hosted over two days; that over 200 tickets were sold and people were provided free admission to Mote Marine; that a volunteer restoration planting was held at the Crosley Mansion; that over 33 volunteers consisting of Boy Scouts, Girl Scouts, State agencies, local ecological contractors, Staff, and a variety of other local people participated in the Mansion planting; that the SBNEP also hosted Florida Yards and Neighborhoods classes at the Florida Association of Science Teachers Conference as well as workshops at Marie Selby Botanical Gardens; that a new kick-off for a Water Festival will be hosted on March 1, 2003, with Commissioner Martin; that several media events held during the fall of 2002 focused on reef ball deployment as well as wetland restoration promotion at the Crosley Mansion and future sites such as Perico and the Cortez School House; that Bay Partner Grant Applications are being accepted; that recipients will be notified during December 2002. Ms. Willett continued that the Protection Involvement Education and Restoration (PIER) Program is a new project which will commence in January 2003; that the project is aimed at students in kindergarten through grade 12; that a hands-on curriculum will be provided which has activities and lesson plans for teachers and students; that each curriculum includes a field trip to one of the restoration sites on Sarasota Bayi that the project will provide funding for public and private schools to pay for busing and substitute teachers as well as the free curriculum; that the curriculum will be completed by January 2003; that two local organizations are compiling the curriculum; that the field trips will be taking place in the spring and fall of 2003; that high schools will receive funding in the spring and fall of 2003 to conduct research projects in both Sarasota and Manatee Counties. Mr. Raulerson stated that the SBNEP has sponsored over 50 research projects over the 12 years of existence; that some recent research projects include an atmospheric nitrogen deposition project which determined the air quality in Sarasota is significantly better concerning nitrogen content than Tampa Bay; that Sarasota does not have significant industry causing pollution to impact Sarasota Bay; that the SBNEP is currently partnering with Mote Marine on a sea grasses/water quality trend analysis to examine the last three sets of SWFWMD data to determine if the improvements in water quality have directly impacted sea grasses. Mr. Raulerson referred to the Critical Habitat Assessment included in the Agenda backup material and stated that the assessment identifies important fish nursery habitats throughout Sarasota Bayi that the habitats will be examined to determine habitat types to target for restoration to maximize restoration efforts; that natural sites and restored sites were graphed; that the restored sites are less than seven years old and are providing significant fish habitat; that a restoration area has had over 67,000 fish per acre; that creating an intertidal lagoon in Ken Thompson Park which is approximately one quarter of an acre creates habitat for 20,000 fish; that juvenile snook, tarpon, mullet, and sea trout have been caught and released during the project; that a shoreline characterization is presently being researched; that the Geographic Information System (GIS) revealed approximately two miles of hardened seawall exists throughout the entire Sarasota Bay watershed which comprises half of the shoreline; that bulkhead and riprap create an unnatural hardened shoreline due to development and creation of canals; that an opportunity is provided for shoreline enhancement. Mr. Raulerson continued that an early research project was through Mote Marine; that the research included examining implementation of low profile reef balls or artificial reefs along the shoreline; that the reef balls and artificial reeis provide a significant amount of nursery habitat; that the possibility of oyster reefs will be researched as a restoration project over the next few years; that an artificial reef survey BOOK 53 Page 24448 12/02/02 6:00 P.M. BOOK 53 Page 24449 12/02/02 6:00 P.M. was conducted which revealed over 25 different species of fish to include recreational fish and a significant amount of stone crabs. Mr. Alderson stated that many people in the community have contributed a significant amount of work to the SBNEP; that the partnership between the County and the City has made the difference. Mr. Alderson continued that nitrogen pollution has decreased 47 percent which is an 80 percent reduction in wastewater loading to Sarasota Bayi that wastewater has become a commodity; that Sarasota Bay has gained 1.5 feet more clarity in a bay averaging five feet in depth which is significant for the area; that habitat in scenic Sarasota Bay has increased with more than 1,000 acres added due to the sea grass and wetland habitat recoveryi that Sarasota Bay's continual evolution depends on cultural and educational changes as well as changes in values; that Sarasota County recently provided a report regarding the condominium processi that the County is working with condominium owners; that 271 condominiums were visited; that 90 percent of the condominium owners made changes to landscaping and irrigation systems as a result; that these types of changes will assist in improving the community over the long term; that the SBNEP is currently working throughout the County with business outreach to encourage the business community to become more actively involved; that the County approved a new water conservation ordinance; that philosophical changes as well as improved land and water management will make a difference. Mr. Alderson further stated that codes which allow large parking lots are being researched to identify ways for potential change to reduce the burden on businesses and the community overall. Vice Mayor Palmer stated that the reduction in nitrogen, the elimination of sewage from Sarasota Bay, and the improvement in the clarity of the water is impressive. City Manager McNees stated that the entire region benefits by the City administering the program; that the City's investment in the program is $33,000; that the benefit received from the investment in the program is significant. Commissioner Martin stated that the City of Bradenton is absent as a funding source but is beginning to attend meetings. Mr. Alderson stated that an interlocal agreement has been sent to the City of Bradenton; that the hope is the City of Bradenton will join the program in January 2003. Vice Mayor Palmer thanked Commissioner Martin for serving as a representative on the SBNEP Policy Committee. Commissioner Martin stated that the City Manager is on the SBNEP Management Committee. 21. NEW BUSINESS: APPROVAL RE : AUTHORIZE THE ADMINISTRATION TO OFFER LOTS 5 AND 6 IN THE HOWARD COURT SUBDIVISION FOR SALE AFTER APPRAISAL THROUGH THE COMPETITIVE BID PROCESS WITH A MINIMUM SALE PRICE OF $25,000 OR THE APPRAISED AMOUNT, WHICHEVER IS GREATER AND TO GRANT CITY MANAGER AUTHORIZATION TO ENTER INTO A DEVELOPMENT AGREEMENT WITH THE HIGHEST RESPONSIVE AND RESPONSIBLE BIDDER WITH THE ADDITION OF APPROPRIATE DESIGN STANDARDS INCLUDED IN THE DEVELOPMENT AGREEMENT = APPROVED (AGENDA ITEM XIII-3) CD 8:35 through 8:40 Vice Mayor Palmer stated that the City owns two vacant building lots in the Howard Court subdivision; that the lots were purchased in November 1997 for $25,000 each; that the Howard Court subdivision encompasses six buildable lots; that the Administration is requesting approval to offer the two City-owned lots for sale through the competitive bid process with a minimum bid of $25,000 per lot; that the highest responsive bidder would be required to enter into a Development Agreement with the City which will include a provision indicating application for a permit to build a single-family home must be made in a timely manneri that the City intends to include a recapture clause in case the successful bidder fails to comply with the terms of the Development Agreement. Commissioner Quillin stated that the Howard Court subdivision was developed by the Community Housing Corporation (CHC) for low- to moderate-income housing; that the City was performing significant work with the CHC a number of years ago; that for example, the Community Garden was developed on lots which the City repurchased from CHC for $75,000; that the Howard Court subdivision was one many projects resulting from the partnership between the City and CHC; that the proposed selling price of BOOK 53 Page 24450 12/02/02 6:00 P.M. BOOK 53 Page 24451 12/02/02 6:00 P.M. $25,000 for the lots in the Howard Court subdivision is a concern; that an appraisal of the lots should be obtained as the Howard Court subdivision was developed a number of years ago; that the minimum bid should be the appraised value. Commissioner Martin stated that an appraisal should be conducted. Commissioner Servian agreed. Vice Mayor Palmer stated that the Administration is requested to have an appraisal conducted on Lots 5 and 6. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the first step in the surplus property disposal program is to obtain Commission approval; that an appraisal is requested after obtaining Commission approval. Commissioner Quillin stated that the Administration's recommended minimum bid is $25,000 per lot; however, the property is probably worth significantly more. City Manager McNees stated that the minimum bid should be the appraised value or $25,000, whichever is higher. Vice Mayor Palmer stated that the appearance of houses which will be constructed on the lot is a concern; that the City owns the lots which will be sold to a private developer; that the Development Agreement should indicate architectural standards to avoid undesirable designs; that the Administration has indicated the Development Agreement could contain architectural standards; that Commission consensus to include architectural standards in the Development Agreement is requested. Commissioner Martin stated that architectural standards should be addressed; that houses currently exist in the Howard Court subdivision which will dictate architectural standards; that compatibility is important. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to approve to offer Lots 5 and 6 in the Howard Court subdivision for sale after appraisal through the competitive bid process with a minimum sale price of $25,000 or the appraised amount, whichever is greater, and to grant the City Manager authorization to enter into a Development Agreement with the highest responsive and responsible bidder including appropriate design standards. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian, yes; Palmer, yes. 22. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) CD 8:40 through 8:45 COMMISSIONER PALMER: A. stated that a November 21, 2002, letter to Mayor Mason was received from the Sarasota/Manatee Metropolitan Planning Organization (MPO) regarding the appointment of Sarasota County Transportation Disadvantaged Coordinating Board Chairperson; and asked if individual Commissioners would be interested in serving as the Coordinating Board Chairperson? Commissioner Servian stated that serving as the Coordinating Board Chairperson would be pleasing. Vice Mayor Palmer stated that hearing no objections, Commissioner Servian's name will be submitted to serve in the capacity of Coordinating Board Chairperson by consensus of the Commission. COMMISSIONER QUILLIN: A. stated that the MPO meeting of November 25, 2002, was attended; that the five-year transportation program for 2004 through 2008 was discussed; that a briefing was received from City Staff prior to attending the meeting; that the proposal was reviewed with MPO Staff; that funding for congestion management projects did not include seven important projects; however, excess funding is available during the period; that a motion was made to fund all seven projects, of which four are City projects including projects at US 41 at Mound Street and Osprey Avenue, US 41 and Bahia Vista Street, Fruitville Road at US 41, and US 41 and Sunset Avenue; that due to the successful motion, funding will now be available for the projects; that $2.7 million is available which was not previously allocated during the period; that the motion assures funding will be provided for the projects; that $3 million was included under a new line item for Sarasota Urbanized Area Funds Funding Actions and was unallocated; that the question as to BOOK 53 Page 24452 12/02/02 6:00 P.M. BOOK 53 Page 24453 12/02/02 6:00 P.M. suggested use for the funds was raised; that the funding is available from 2006 through 2008; that funding for a project on 12th Street was exchanged for a funding for a project on 17th Street; that she and Vice Mayor Palmer were well prepared for the meeting by City Staff and were insistent. Vice Mayor Palmer stated that she and Commissioner Quillin worked together at the meeting to convince the MPO Board of the necessity for funding for the projects; that congratulations are extended to Commissioner Quillin. Commissioner Quillin stated that Staff is congratulated for identifying the funds. Vice Mayor Palmer stated that Staff provided a detailed briefing prior to the meeting. COMMISSIONER SERVIAN: A. stated that the Economic Development Board subcommittee selected the consultant to develop the five-year economic development plan for Sarasota County; that the consultant team is in the City for the next two weeks to collect data; that the consultant team will be visiting industry and business leaders during the next two weeks; that meetings will then be held with government and school leaders throughout the next several months; that the process is beginning ahead of schedule which is pleasing. 23. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) CD 8:45 through 8:50 COMMISSIONER QUILLIN A. stated that the Earth Mother sculpture on the east side yard of City Hall is deteriorating; that the Administration is requested to preserve the sculpture; that people sit by the sculpture and have photographs taken. Commissioner Martin stated that funding is available for public art maintenance throughout the City; that the Earth Mother sculpture is first on the list for restoration due to the deteriorating condition; that a restoration artist has been contracted to restore the sculpture. B. stated that holiday wishes are extended to the Commission, Staff, and the public. VICE MAYOR PALMER: A. stated that special recognition of Staff was overlooked during the evaluations of the Charter Officials; that recognition is due to V. Peter Schneider, Deputy City Manager; that Mr. Schneider has done an extraordinary job for the Commission and the City; the role of the Deputy City Manager is important; that the Deputy City Manager is an esteemed colleague and a team player; that recognition is also due to Karen McGowan, Deputy City Auditor and Clerk, for always being available to the Commission; that the efforts of the Deputy City Auditor and Clerk are appreciated; that the Commission is supportive and thankful of the work performed by the City Attorney's Office; that the Commission has done a great job during the year; that the feeling is the Commission works well as a team; that many difficult subjects were considered; that the camaraderie will continue; that the efforts and contributions of individual Commissioners are appreciated. B. stated that Sarasota Season of Sculpture has experienced an excellent start; that the kick-off party was attended; that the participants are beginning to recognize the contributions of the City and value of the lighting provided; that the event is coming along well; that some criticism was received from the Ringling School of Art and Design concerning the City's public art program; that the Public Art Committee is evaluating all the possibilities for expansion and improvement. C. stated that the St. Armands Circle Christmas Tree lighting is being held at 6 p.m., December 6, 2002; that spectacular new decorations are being included and will provide a great tourist attraction; that a considerable amount of funding was provided by the St. Armands Circle Association; that the Downtown Holiday Parade is taking place December 7, 2002, on Main Street; that individual Commissioners are requested to participate; that the BOOK 53 Page 24454 12/02/02 6:00 P.M. BOOK 53 Page 24455 12/02/02 6:00 P.M. Holiday Boat Parade is taking place on December 14, 2002. 24. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) CD 8:50 through 8:52 CITY MANAGER MCNEES: A. stated that the efforts of V. Peter Schneider, Deputy City Manager are appreciated; that the Commission's recognition of Mr. Schneider's efforts is pleasing. DEPUTY CITY MANAGER SCHNEIDER: A. stated that the kind comments received by the Commission and Staff are welcome. V. Peter Schneider, Deputy City Manager, that a notice to the public was distributed concerning a meeting which will take place on December 3, 2002, concerning the mooring field project at City Island; that the meeting is the first step toward the project; that interested parties such as surrounding property owners and boaters will provide input at the meeting; that the meeting is an attempt to build support. 25. ADJOURN (AGENDA ITEM XII) CD 8:52 There being no further business, Vice Mayor Palmer adjourned the Regular meeting of December 2, 2002, at 8:52 p.m. LoU ANN R. PALMER, VICE MAYOR ATTEST: 6 PEA 4 Billy EORa BILLY E ROBENSON/ CITY AUDITOR AND CLERK