MINUTES OF THE REGULAR SARASOTA - CITY COMMISSION MEETING OF NOVEMBER 5, 2001, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Mary J. Quillin, Commissioners Richard F. Martin and Lou Ann R. Palmer, City Manager Designate Michael A. McNees, City Auditor and Clerk Billy E. Robinson, City Attorney Richard J. Taylor, and Deputy City Auditor and. Clerk Karen D. McGowan ABSENT: None PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at - 6:04 p.m. City Auditor and Clerk Robinson gàve the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE : EMPLOYEE OF THE MONTH FOR OCTOBER 2001, L HOWARD THOMAS, FOREMAN, 1 PUBLIC WORKS DEPARTMENT, / STREET AND HIGHWAY DIVISION #1 (0050) through (0325) CD 6:03 through 6:11 Mayor Mason requested that William Hallisey, Director of Public Works, and Howard Thomas, Foreman, Street and Highway Division of the Public Works Department, and the October 2001 Employee of the Month, join her and the other Commissioners before the Commission table for the presentation. Mr. Hallisey stated that Mr. Thomas began his career with the City in 1976 as, a Laborer and currently holds the position of Foreman in the Public Works Department; that with one other employee, the City's 13,400. signs are maintained; that Mr. Thomas performs special projects for neighborhood organizations and local business groups, has maintained a knowledge in the constantly changing field of street-sign regulation by taking several courses and training sessions, has customer service as a number one priority, takes pride in answering all questions from the public while in the field, has submitted suggestions ranging from recycling project materials to ensuring employees take care of entrusted equipment to improve efficiency in the Street and Highway Division of the Public Works Department, and is an example of the quality employees at the: City and the Public Works Department; that job duties are fulfilled above and beyond the call of duty, making the BOOK 50 Page 22016 11/05/01 6:00 P.M. BOOK 50 Page 22017 11/05/01 6:00 P.M. City safer and a better place to live; that the customer service, work ethic, and positive suggestions of Mr. Thomas reflect credit to the City, the Public Works Department, and himself; that Mr. Thomas is an employee who serves with excellence and pride. Mr. Thomas stated that the presentation regarding the October 2001 Employee of the Month recognition with supervisors and the City Manager Designate at City Hall was a surprise and a pleasure; and recognized Shirley Thomas, wife, who was present in the audience. Mayor Mason presented Mr. Thomas with a certificate, a plaque, and a City-logo watch as the October 2001 Employee of the Month in appreciation of his unique performance with the City of Sarasota; congratulated him for his outstanding efforts; and stated that having grown up in Overtown with Mr. Thomas, the presentation of the October 2001 Employee. of the Month award is a pleasure; that Mr. Thomas' work on the train. tracks crossing Dr. Martin Luther King, Jr., Way was outstanding; that Mr. Thomas installed detour signs on off-duty hours which exemplifies the type of employees the City has. 2. PRESENTATION RE: PROCLAIMING VEERANS DAY - NOVEMBER 11y 2001, AS A DAY OF SPECIAL IMPORTANCE TO HONOR VETERANS AND PUBLIC SAFETY PERSONNEL #1 (0325) through (0460) CD 6:15 through 6:22 Mayor Mason requested that Daniel Kunkel, President, Sarasota Patriotic Observance Committee, and Lee Kichen, Veterans Service Officer, Sarasota County, and President, Sarasota County Veterans' Commission, join her and the other Commissioners before the Commission table and read in it's entirety the proclamation of. November 11, 2001, as a day of special importance to honor the Veterans and public safety personnel indicating that the willingness of citizens to give freely and unselfishly, even their lives, in defense of democratic principles giving the United States continued strength and vitality; that from Valley Forge to: Saudi Arabia, and now New York, Washington D.C., and Pennsylvania, through war and peace, valiant Americans have answered the call to duty with honor and dignity; that Americans throughout the country have set aside Veterans Day for special remembrance of the men and women who have served and are serving to protect freedom; that the nation was brutally - : attacked. on September 11, 2001; that police officers, firefightersi and emergency medical personnel gave their lives trying to save, others on September 11, 2001; that the police officers, firefighters, and emergency medical. personnel. are now the main line of homeland defense against the terrorist activities the nation continues to experience; that November 11th has been. the traditional day to honor: the millions of men and women who have served the country with honor; that pride is taken in recognizing November 11, 2001, as Veterans Day. Mr. Kunkel stated that law enforcement officers, firefighters, and emergency medical personnel are also being recognized at the traditional Veterans Day parade and ceremony, on Veterans Day in 2001; that. : considerable public participation is anticipated; that the war against terrorism has changed the worId; that the recognition of local Iaw enforcement, firefighters, and emergency medical personnel extends credit: to those who serve the citizens of the community and the United States.. Mr. Kichen stated that the 51,000. veterans living in the City and the County appreciate thé Veterans Day recognition; that the veterans of the United States are recognized for 226 years of sacrifice by the observance of Veterans Day. Mr. Kunkel stated that the.. November 11, 2001, Veterans Day Parade will begin at 10 - a.m. on Osprey Avenue at Main Street and continue down Main Street to Gulf Stream Avenue; that à ceremony will be held at the Veterans! Memorial at Chaplain J.D. Hamel Park at the Bayfront at 11 a.m.. 3. PRESENTATION RE: : CERTIFICATES OF RECOGNITION FOR NEWLY SWORN POLICE OFFICERS 24D CLASS TAKIYA ANDERSON, MICHAEL DELEO, LARKIN FOURKILLER, GREGORY KITSOS, AND BECKY WORTHINGTON #1 (0460) through (0680) CD 6:15 through 6:22 Mayor Mason requested that Gordon Jolly, Chief of Police, Sarasota Police Department (SPD), and the newly sworn Police Officers 2nd Class, join her and the other Commissioners before the Commission table. Chief Jolly stated that the recognition of the employment of the newly sworn Police Officers is a pleasure; that the ongoing training program of the newly sworn Police Officers is successful and all are doing well at the SPD; that four of the five newly sworn Police Officers recently graduated from the BOOK 50 Page 22018 11/05/01 6:00 P.M. BOOK 50 Page 22019 11/05/01 6:00 P.M. Police Academy and one was hired from the Sarasota County Sheriff's Office. Mayor Mason read Certificates of Recognition in their entirety for the following newly sworn Police Officers 2nd Class: Name Graduation Date Swearing-In Date Takiya Anderson October 3, 2001 October 23, 2001 Larkin Fourkiller October 3, 2001 October 23, 2001 Michael Deleo October 3, 2001 October 23, 2001 Becky Worthington April 27, 2001 October 23, 2001 Gregory Kitsos August 21, 1997 September 18, 2001 Mayor Mason. stated that the newly sworn Police Officers have sworn to. uphold, protect, and defend the Constitutions of thé United States of America and the State of Florida to enforce the ordinance, laws, rules and regulations of the City, the State and thè United States; that Municipal Police Officers are the first line of defense in providing for the public's safety; and congratulated each on their appointment; and presented each with the Certificate of Recognition and, for those sworn in on October 23, 2001, a videotape of the swearing-in ceremony. 4. CHANGE TO THE ORDERS OF THE DAY - APPROVED #1 (0680) through (0705) CD 6:23 through 6:24 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Add immediately following Approval of Minutes, Report Re: Single-Family Dwelling Height Task Force, per the request of Planning and Development Director Robinson. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (4 to.0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 5. APPROVAL RE: : MINUIES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 15, 2001 - APPROVED AS REVISED (AGENDA ITEM 1) # (0705) through (0740) CD 6:23 through 6:24 Mayor Mason a'sked if the Commission had any: changes 'to the minutes? Vice Mayor Quillin stated that the words "Request for Proposal (RFP)." should be changed to the word "bid" in Item No. 9 in - the minutes regarding Consent Agenda No. 2, Item No. 7, to adopt. Resolution No. 02R-1435 appropriating funding. for removal of dèrelict boats from Sarasota Bay as indicated in the minutes of the October 15, 2001, Regular Commission meeting to result in the following: Vice Mayor, Quillin asked. if a bid will be issued for salvage companies for removal of the derelict boats? Mayor Mason stated that hearing no other changes, the minutes of the October: 15, 2001, Regular Commission meeting are approved as revised by. unanimous consent. 6. REPORT RE: : SINGLE-FAMILY DWELLING HEIGHT TASK FORCE REFERRED THE PROPOSAL OF THE SINGLE-FAMILY DWELLING HEIGHT TASK FORCE TO THE ADMINISTRATION AND STAFE FOR PROMPT PROCESSING AND APPROPRIATE ACTION #1 (0740) through (1525) CD 6:24 through 6:45 Mary Anne Servian and Carl Abbott; Co-Chairs, and Rick, Carlisle, David - Levin, Jim Cooney, and Charles Githler, Members, Single-Family Dwelling Height Task Force (Task Force), came before the Commission. Ms. Servian. distributed copies of and read' from the November 5, 2001, Task Force report to the Commission indicating that at the September 4, 2001, Regular Commission meeting, the Commission unanimously passed proposed Ordinance No. 01-4355 on. first reading to approve Zoning Text Amendment No. 01-ZTA-03 which reduces. the. height of single-family. dwellings; that at the September 17, 2001, Regular Commission meeting, the Commission decided to table second reading of proposed Ordinance No. 01-4355 to the December 17, 2001, Regular Commission meeting; that the. Commission requested the formation of the Task Force to unite opposing community stakeholders behind. common regulations; that in addition to herself as a neighborhood and business leader, the Task Force is comprised of: Carl Abbott, architect; Rick Carlisle, developer; Charles Githler, waterfront property owneri two attorneys, David Levin, an expert on Federal Emergency Managemerit Agency BOOK 50 Page 22020 11/05/01 6:00 P.M. BOOK 50 Page 22021 11/05/01 6:00 P.M. (FEMA) regulations, and Jim Cooney, President of the Coalition of City Neighborhood Associations (CCNA); and John Browning, a native Sarasotan of the one of the most adversely impacted neighborhoods Ms. Servian continued that the Task Force met to develop an effective and enforceable ordinance regulating the height of single-family dwellings and ensuring the preservation of the City's existing neighborhoods; that the Task Force sucçessfully brought together two community groups which in the past have not worked togéther and have opposing positions concerning proposed Ordinance No. 01-4355; that an important goal of the Task Force was to foster community cooperation to allow members to work together for a common goal. Ms. Servian further stated that the Task Force was successful in developing the following recommendations which will be presented to the Development Review Committee (DRC) : 1. Restrict the height of single-family dwellings to 35 feet above a defined reference grade In the FEMA zones, this height will be 35 feêt above. reference grade plus 50 percent recovery of the difference between reference grade and FEMA elevation. 2. Establish a daylight plane regulation which includes a reference level and recovery elevation. 3. Baffle and screen external mechanical equipment from sight and for noise. 4. Require a water management plan for each site. 5. Require a landscape. plan for each site. Ms. Servian stated further that the recommendations represent the best opportunity to preserve the character of the City's existing neighborhoods while protecting private property rights; that the willingness of the Commission and the Administration to allow Staff adequate time to assist the Task Force is appreciated. Mr. Abbott stated that the positions of the members of the Task Force were initially divergent; that the Task Force's proposal is nearly identical to the CCNA's original proposal to limit the height of single-family dwellings; that proposed Ordinance No. 01-4355 is significantly more. restrictive than the CCNA's original proposal; that certain property owners will only be allowed to construct one-story, single-family dwellings if proposed Ordinance No. 01-4355 is àdopted; that the Task Force met many times to develop the proposal; that many fruitful discussions occurred; that the divergent positions of the members of the Task Force. became unified; that a particular concern was water retention such as the issue of water run-off from the roof of a. megahouse onto a neighboring property; that the Task Force's proposal requires each home owner. to retain water run-off on the property; that allowing water run-off onto neighboring properties is unacçeptable; that the Task Force's proposal. also. establishes a daylight plane; that' daylight plane regulations of : other jurisdictions were reviewed; that the proposed daylight plane is similar but not identical to the: County's daylight plane. regulation. Mr. Abbott. continued that Task Force meetings were always open to the public; that the Task Force received a significant amount of public input; that one. neighborhood resident voiced concern for the number of: trees being removed from residential properties; that the Task Force considered. means. by which to unify the character and compatibility of the City's neighborhoods without. imposing burdensome requirements on home builders; that as a, result, the: Task Force's proposal includes landscaping requirements; that a recommendation is to. require a minimum of three new trees in the front yard of each newly constructed single-family, dwelling; that the requirement will not pose a significant financial burden to any future property owners; that any type of tree which is not currently prohibited in the City would be allowed; that an important goal of the Task * Force was to enhance the aesthetic perception of the City's neighborhoods. Mr. Githler stated that several homeowners expressed concern regarding the regulations of proposed Ordinance No. 01-4355, which may negatively impact private property rights; that the Commission's willingness to allow interested citizens to develop regulations acceptable to the entire community is appreciated; that further public input will be allowed at the time the Task Force's proposal is presented to the Planning Board/Local Planning Agency (PBLP) and the Commission for review and approval; that significant input was also received at Task Force meetings from builders and design professionals who have constructed single-family homes in the City; that the proposed regulations will not pose a significant hardship to existing homeowners; that the proposed baffling and screening requirements will also please many citizens. BOOK 50 Page 22022 11/05/01 6:00 P.M. BOOK 50 Page 22023 11/05/01 6:00 P.M. Mr. Carlisle stated that many heated discussions occurred among members of the Task Eorce; however, a serious effort was undertaken to address every concern to achieve unanimity on each proposed recommendation; that each recommendation presented to the City was supported by a unanimous vote. Mr. Levin stated that an important issue was balancing private property interests and neighborhood concerns with FEMA regulations, which are very rigid and stringent; that the opportunity to form the Task Force is appreciated; that each issue was seriously considered and debated by each Task Force member. Mr. Abbott stated that two attorneys served as members of the Task Force; that one attorney possesses significant experience concerning FEMA regulations; that the other attorney is also the President of the CCNA; that both attorneys. provided excellent legal advice; that the Task Eorce's proposal is legally sound. Mr. Cooney stated that the Task Force's proposal represents a, comprehensivé effort to develop regulations accepted by the entire community; that the members of the Task Force demonstrated a significant spirit of cooperation and compromise during deliberations; that the. efforts of the members of the Task Force to develop the proposal in a short time are appreciated. Commissioner Palmer concurred and stated that the allowed height of single-family dwellings has been a contentious issue in the City for many years; that the efforts of Planning Department Staff. to work closely with and facilitate the Task Force are appreciated; that the hope is the City will adopt regulations which are accepted by the entire community; that the DRC should review -the Task Force's proposal as soon as possible during the next few weeks; that the PBLP should review the Task Force's proposal during early December 2001 so the Task Force's proposal can be presented at the December 17, 2001, Regular Commission meeting as previously desired; that the goal of the Commission is. to adopt regulations which are beneficial to the entire community; that the work and efforts of the Task Force will benefit the entire community and represent a. model for citizen involvement. in public affairs; that the Task i Force's proposal indicates a 30-day phase-in period after an ordinance adopting the regulations is passed on second reading; and - asked the reason for the 30-day phase-in period? Mr. Levin stated that many public hearings : will be required prior to final adoption of an ordinance enacting the proposed regulations; that the final regulations may: differ from the proposal as initially presented to the City by the Task Force; that the 30-day phase-in period is recommended to. allow sufficient time for the revision or approval of current projects being considered by the - City; that the Task Force's initial proposal may be well understood in the community; however, the final regulations adopted by the Commission may differ; that the community should be allowed sufficient time to adjust to the new regulations: Vice Mayor Quillin stated, that efforts of the Task Force to develop the proposal are appreciated; that the,. Task Force's proposal addresses many of the community's concerns; that the community must unite. to ensure the quality of life in the City is maintained and improved; that the construction of megahouses is a controversial and contentious issue in the City; that. the Task Force's proposal will remedy many of the concerns - and potential. future conflicts; that the efforts of the Task Force to develop a proposal quickly while also fielding considerable public input are appreciated; however, proposed Ordinance No. 01-4355 will be supported if the Task Force's proposal is not finalized and presented to the Commission at * the December 17, 2001, Regular meeting; that even a. few citizens will - always disagree with a: policy which is considered beneficial by the majority of citizens; that the Task Force's proposal could unite community opinion behind the proposed regulations concerning the construction of megahouses. Mr. Abbott stated that the Task Force is willing to facilitate additional public meetings to explain the proposal to the community; that the intent is to conserve the time of Commissioners if desired. Vice Mayor Quillin stated that a Joint Meeting should be held at City Hall which would be facilitated by the Task Force but also attended by the Commission and at which citizens are allowed to ask any questions concerning the proposal. Mr. Abbott concurred and stated that the Sarasota Herald-Tribune has indicated a willingness to provide significant coverage of the Task Force's proposal; that the coverage will be similar to the article concerning the proposed construction of a boat BOOK 50 Page 22024 11/05/01 6:00 P.M. BOOK 50 Page 22025 11/05/01 6:00 P.M. storage facility on North Tamiami Trail at Whitaker Bayou; that the proposed regulations affect the entire community. Commissioner Martin stated that adoption of proposed Ordinance No. 01-4355. on second reading was not supported due to concerns expressed by members of the community; that faith was placed in the community to produce a proposal which would be beneficial to all. citizens; that the Task Force's proposal respects the interests of all citizens yet sufficiently addresses the most contentious issues; that the efforts of the Task Force to cooperate and produce a community-based proposal are appreciated. Ms. Servian stated that the Task Force should serve as a model for resolving contentious issues affecting diverse parties in the future and also as an example of the manner in which a community-based effort can resolve any problèm; that the members of the Task Force previously possessed divergent opinions but achieved a resolution of all concerns. Mr. Abbott stated that members of the Task Force also attended a CCNA meeting to explain the Task Force's proposal to neighborhood associations and residents. Mr. Cooney stated that public input concerning the Task Force's proposal was also received. : at the CCNA meeting. City Manager Designate McNees stated that the efforts of the Task Force to serve as a future model to. the City for developing community-based solutions. for contentious issues in a limited amount of time - are appreciated; that members of the Task Force listened to. one another to develop practical solutions instead of fruitlessly arguing and maintaining a personal position. Mayor Mason concurred and stated that the cooperation and dedication of the Task Force are appreciated; that - community- based solutions of contentious issues facilitate the City's efforts to unite the community. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved. to refer the proposal of the Single-Family Dwelling Height Task Force to the Administration and Staff for prompt. processing and appropriate action. Motion carried unanimously (4 to 0): Martin, yes;. Palmer, yesi Quillin, yes; Mason, yes. 7. BOARD ACTIONS RE: APPROVAL RE: NUISANCE ABATEMENT BOARD QUARTERLY STATUS REPORT AND NUISANCE ABATEMENT FORMAL RULES OF PROCEDURE - RECEIVED REPORT AND APPROVED FORMAL RULES OF PROCEDURE FOR THE NUISANCE ABATEMENT BOARD (AGENDA ITEM II) #1 (1525); through (1645). CD 6:45. through 6:49 Ronald Spangler, Chair, Nuisance Abatement Board, Mark Singer, Attorney, and James Siegfreid, Attorney, City Attorney's Office, came beforé the Commission. Commissioner Palmer stated that the important work of the Nuisance Abatement Board should be continued and asked if the Deferred Prosecution Program. is part of the Formal Rules of Procedure under consideration by the Commission? Attorney Singer stated noi that the Deferred Prosecution Program is an administrative: program designed to keep the number of cases and legal costs down by keeping certain cases within the Sarasota Police Department for resolution. Commissioner Palmer stated that the Deferred Prosecution Program looks promising and will hopefully yield good results. Attorney Singer stated that a report regarding the status of the Deferred Prosecution Program will be provided after a three-month trial period. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the Nuisance Abatement Board Quarterly Status Report for the. period ending September 30; 2001, and the Nuisance Abâtement Board Rules of Formal Procedure. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 8. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, AND 6 APPROVED (AGENDA ITEM III-A) #1 (1645) through (2690) CD 6:49 through 7:12 Commissioner Quillin requested that Item Nos. 2, 3, and 5 be removed for discussion. 1. Approval Re: Set for Public Hearing proposed Ordinance No, 02-4344, amending Chapter 24, Personnel; Article II, Pensions, Division 3, Police; amending Section 24-76, BOOK 50 Page 22026 11/05/01 6:00 P.M. BOOK 50 Page 22027 11/05/01 6:00 P.M. Credited Service for Military Service Prior to Employment; repealing all ordinances in conflict herewith; etc. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Marina Jack Lease Waiver pertaining to required move of LeBarge to new commercial docks on north side of Marina 6. Approval Re: Ratify the City Manager's signing of the grant application forms and documents for acceptance of the $45,000 Investigative Satellite Initiative of the Crimes Against Children Task Force grant from the U.S. Department: of Justice, Office of Juvenile Justice and Delinquency Prevention On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 4, and 6. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Southeast Sarasota and Alta Vista Agreements for Neighborhood Grants awarded per the August 6, 2001, Commission meeting Vice Mayor Quillin asked the funding source of the Gang Résistance Education And Training (G.R.E.A.T.) Summer Program of the Sarasota Police Department (SPD) to provide youth violence alternatives? V. Peter Schneider, Deputy City Manager, came before the Commission and statèd that funding for the G.R.E.A.T. Summer Program is through the Neighborhood Grant Fund. Vicé Mayor Quillin asked if Neighborhood Grant Funds are being used to fund an SPD program? Mr. Schneider stated yes. Vice Mayor Quillin stated that $2,000 may not be adequate funding for a. year-long program and asked if further funding or grants are expected? Mr. Schneider stated that the availability of additional grants or funding. is unknown. Gordon Jolly, Chief of Police, SPD; came before the Commission and stated that the costs associated with the G.R.E.A.T. Summer Program are: the personnel costs of the salaries paid to the Police Officers and School Resource Officers assigned to the schools to teach the Drug Abuse Resistance Education (D.A.R.E.) Program and the G.R.E.A.T. Summer Program; that the $2,000 allotted for the G.R.E.A.T. Summer Program is probably for the purchase of supplies * and handouts for the children; that SPD assisted one of the neighborhood associations by. conducting a G.R.E.A.T. Summer Program in the summer of 2001. Vice, Mayor Quillin stated that the, G.R.E.A.T. Summer Program could be better promoted if further information is provided. Chief Jolly stated that a comprehensive report. will be provided to: the Commission. Vice Mayor Quillin stated that some neighborhood associations are. sending out information concerning programs through the mail; that an option : for mailing may be the bulk rate mailing system the City utilizès. Mr. Schneider stated that mailing methods will be addressed after the Neighborhood Resource Center is established. Vice Mayor Quillin stated that neighborhood signs concerning neighborhood meetings are helpful to relay information to the residents as is bulk mailing. On motion of Vice Mayor Quillin and second of Commissioner Palmer, it was moved to approve Consent Agenda No. 1, Item No. 2. Motion carried unanimously (4 to 0): Martin, yesi Palmer, yesi Quillin, yes; Mason, yes. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Agreement between the City of Sarasota and the Florida House Foundation of Sarasota, Inc., for City Grant Funding Vice Mayor Quillin stated that an accounting of - City. grant funding provided to the Florida House Foundation of Sarasota, Inc. (Foundation), has not been provided; that no real accomplishments are noted; that telephone calls regarding problems at the property such as stormwâter run-off are being received; that a report detailing the actions of the Florida House Institute for Sustainable Development (FHI) is requested; that the Environmental Protection Agency (EPA) has indicated BOOK 50 Page 22028 11/05/01 6:00 P.M. BOOK 50 Page 22029 11/05/01 6:00 P.M. projects can begin on the property Leased by the City to FHI (FHI site) while testing is performed; that different methods of gardening, i.e., ornamental plants, can be utilized. Mayor Mason stated that concerned citizens have called regarding a homeless persons camp located on the FHI site and asked if written confirmation has been received from the EPA regarding the one-year project period extension of the EPA Grant Agreement and if the site has ever been declared a brownfield? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that formal correspondence has been received from the EPA extending the EPA Grant Agreement. Commissioner Palmer stated that a stormwater run-off plan for the FHI site was requested for review and àpproval by the Engineering Department and asked the status? Mr. Schneider stated that a stormwater run-off plan is being evaluated by City Staff and representatives of FHI; that FHI has been responsive to the City's concerns. Raymond Kaiser, Executive Director, FHI, came before the Commission and stated that activity is not allowed on the FHI site until a Phase II environmental analysis has been completed by" the EPA; that the - Florida Department of : Environmental Protection (FDEP) is responsible for authorizing activity on : the site. Vice. Mayor Quillin stated that the name of a contact from the FDEP would be, appreciated. Mr. Kaiser stated that the FDEP has requested an invitation to speak at. a workshop of the Commission and FHI; that specific information concerning allowable activity on the FHI site will be provided to the Commission; that the homeless persons were removed from, the FHI site at the beginning of the Phase II environmental analysis; that the existence of new homeless camps on the FHI site is unknown; that a City declaration of the FHI site as a brownfield would have been helpful; however, historically, the City Attorney has, been reluctant to declare the FHI site a brownfield until the Phase II environmental: analysis is completed, although previous testing has revealed contaminates on the FHI site; that the milestone given to the City one year ago for the. urbaculture project planned for the FHI" site was September 2001 which was delayed to October 2001; that the City requested activity on the FHI site cease until the Agreement for City Grant Funding was extendéd which delayed the timeline of the urbaculture project; that Tropical Storm Gabrielle caused a delay in the. Phase. II environmental analysis; that vacating the homeless persons took three to four weeks; that. the frustration in. achieving the milestone objective and of the historical challenges faced by. the FHI is understood; that planned FHI activities were halted by new regulations at the State level; that FHI is approximately 60 days behind the schedule established in the. Agreement for City Funding due to the Phase II environmental analysis. Commissioner Martin asked if the EPA has control of beginning the urbaculture project ànd addressing: the stormwater run-off problem on the FHI site? Mir. Kaiser stated that the responsibility is shared by the EPA and FDEP; that determining responsibility between the two agencies particularly regarding stormwater run-off is difficult. Commissioner Martin asked if a. task force has been established to détermines uses for the EHI site? Mr. Kaiser stated yes; that continued community support for the original plan for the FHI site is unclear; that a meeting including representatives from the Federal, State, and County governments as wéll as regional and Greater Newtown representatives. and other residents of the community was held in September 2001; that strong support for the original plan was noted as well. as institutional support to change the original plan; that subsequently, meetings regarding the extent of community support were held with the African-American Leadership Council; that concerns regarding the extent of community support were raised; that four working. groups were established for each of the original functions planned for the FHI site; that a separate site working : group which does not include public participation was also established; that regardless of the progress of FHI, the asset of the site to the City should be remediated; that the disengagement of FHI from further activities on the site is suggested sO the current liability of the approximately 15-acre or 19-acre site, depending upon size of the. rights-of-way, could become a community asset; that efforts should be focused on: 1) remediating any public health hazard and 2) possibly attracting redevelopment activities separate from FHI initiatives. BOOK 50 Page 22030 11/05/01 6:00 P.M. BOOK 50 Page 22031 11/05/01 6:00 P.M. Vice Mayor Quillin asked if redevelopment is considered as something other than the original FHI concept. such as, for example, housing? Mr. Kaiser stated that the EPA utilizes the term "redevelopment" in reference to brownfields; that the primary question is the highest and best use: for the site; that the correct answer to the primary question is not known; however, considerable community support for the original concept is present. Vice Mayor Quillin stated that the highest and best use may not be the original concept presented by FHI. Mr. Kaiser stated that the disengagement of FHI from the original concept is important as the original concept was recommended several years ago; that moving forward with remediation on the site is important régardless of FHI's progress in meeting the obligation to the City. Mayor Mason stated that Mr. Kaiser is involved in the Comprehensive Newtown Redevelopment Plan; that meetings are regularly attended; that the Newtown community has an interest in knowing the type of projects possible on the FHI site; that projects' on the FHI site cannot begin until the Phase II environmental analysis is completed. Mr. Kaiser stated that a- wide spectrum of community leadership has been contacted; that. strong support for a community marketplaçe has been expressed. Commissioner - Martin stated - that gratitude is extended to FHI staff for efforts to retain faith in the EHI original plan. Mr.. Kaiser stated that having gratitude extended in a. public setting is appreciated; that the belief is the FHI original plan is acceptable and can be implemented. Commissioner Palmer asked if all Commissioners have been contacted. Mr. Kaiser stated that the only member of the Commission not contacted is-. Vice Mayor Quillin; that apologies are extended for the oversight. Commissioner Palmer stated that the good work of FHI should continue. On motion of Vice Mayor Quillin and second of Commissioner Martin, it was moved to approve Consent Agenda No. 1, Item No. 3. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 5. Approval Re: Authorize the Mayor and City. Auditor and Clerk to execute the Agreement for City Grant Funding. between the City of Sarasota and the Downtown Association (DTA) for funding of the Transportation Management Organization (TMO) Vice Mayor Quillin stated that the. understanding was some funding for the TMO was provided through a grant through the Florida Départment Of Transportation (FDOT) and asked if the $92,740 is an advancé from the General Fund?. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the $92,740 is from funds approved several years ago by the City to support the Transportation Concurrency Exception Area; that $92,740 is two- thirds of the funds the City appropriated; that approximately the same amount of funding is provided by an FDOT grant. Vice Mayor Quillin asked if $92,740 provides the funding for two. years? Mr. Daughters statéd yes; that FDOT will approximately match the same amount for the same two-year period. On motion. of Vice Mayor Quillin and second of Commissioner Palmer, it was moved to approve Consent Agenda No. 1, Item No. 5. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1430) ADOPTED; ITEM 2 (RESOLUTION NO. 01R-1431) = ADOPTED; ITEM 3 (RESOLUTION NO. 01R-1432) - ADOPTED; ITEM 4 (RESOLUTION NO. 01R-1433) - ADOPTED; ; ITEM 5 (RESOLUTION NO. 01R-1434) = ADOPTED, ; ITEM 6 (RESOLUTION NO. 01R-1439) - ADOPTED; : ITEM 7 (ORDINANCE NO. 01-4337) ADOPTED; AND ITEM 8 (ORDINANCE NO. 01-4339) - ADOPTED (AGENDA ITEM III-B) #1. (2690) through (3000) CD 7:17 through 7:18 BOOK 50 Page 22032 11/05/01 6:00 P.M. BOOK 50 Page 22033 11/05/01 6:00 P.M. 1. Adoption Re: Proposed Resolution No. 02R-1430, affirming that the housing constructed by Habitat For Humanity Sarasota, Inc., for low-income persons is consistent with local plans and regulations; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 02R-1431, affirming that the Housing Authority of the City of Sarasota is involved with substantially improving, constructing, and providing housing for low-income persons and that this activity is consistent with. local plans and regulations; etc. (Title Only) 3. Adoption Re: Proposed Resolution - No. 02R-1432, affirming that the housing proposed for construction by the Suncoast Workforce Board; Inc., for low-income persons is consistènt with local plans and regulations; etc. (Title Only) 4. Adoption Re: Proposed Resolution No. 02R-1433, affirming that the housing constructed or rehabilitated by Greater Newtown Community Redevelopment Corporation for low-income persons is consistent with local plans and regulations; etc. (Title Only) 5. Adoption Ré: Proposed Resolution no. 02R-1434, affirming that the housing projects funded by the Sarasota Office of Housing and Community Development for low-income persons are consistent with local plans and regulations; etc. : (Title Only) 6.: Adoption Re: Proposed Resolution No. 02R-1439, appropriating $3,200 from the Speçial Law Enforcement Trust Fund (Forfeitures) to provide funds for the meals and - lodging expênses for the representatives of the Commission for Florida Law Enforcement Accreditation; etc. 7.. Adoption Re: Proposed Ordinance No. 01-4337, calling a referendum of the qualified electors of the City for the purpose of determining whether or not the Charter of the City of Sarasota shall be amended to change the form of municipal government from a Commission-Manager" system to an "Elected Mayoir-Commission" system in which a Mayor would be elected by the voters in addition to five City Commissioners; and in which the elected Mayor would be the Chief. Executive Officer of the City, exercising managerial, supervisory and budgetary" authority presently exercised by the City Manager; and in which the Mayor would have additional powers and authority as more fully set forth in the téxt of the proposed amendment; scheduling said referendum . for March 12; 2002; setting forth the text of the proposed Charter amendment and stating the title and summary of thé proposed amendment as it will appear on the ballot at. the referendum; providing for an effective date for the Charter amendment, if approved; etc (Title Only). 8. Adoption Re: Proposed Ordinance No. 01-4339, amending the City of Sarasota local amendments to the. Standard Building Code, 1997 edition, the Standard Mechaniçal Code, 1997 edition, the Standard Gas Code, 1997 edition; the Standard Plumbing Code, 1994 edition; and the, National Electrical Code, 1996 edition, as adopted by Chapter 11, Building. and. Building Regulations, Art'icle II, pertaining to the schedule of feès; to provide for. increases or modifications to existing fees; to create new. feès; and to repeal certain fees; amending the City. of Sarasota local amendments to. the Standard Fire Prevention Code, 1997 Edition, as adopted by referenced by Chapter 14, Fire Prevention and Protection, pertaining to the. schedule of fees; to provide for increases or modifications to existing feès; to create new fees; and to repeal certain fees;. providing for repeal of ordinances in conflict; providing for the severability of parts hereof : if declared invalid or unenforceable; etc. (Title Only) Deputy City Auditor and Clerk McGowan read proposed Resolution Nos. 02R-1430, 02R-1431, 02R-1432, 02R-1433, 02R-1434, and proposed Ordinance Nos. 01-4337 and 01-4339 by title only and proposed Résolution No. 02R-1439 in its entirety. On motion of Commissioner Palmer and - second of Vice Mayor Quillin, it was moved to adopt Consent Agenda No. 2, Item. Nos. 1, 2, 3, 4, 5, 6, 7, and 8, inclusive. Mayor Mason requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yes; Mason, yesi. Palmer, yes; Quillin, yes. 10. NON-QUASI JUDICIAL PUBLIC HEARING RE: : 2001 BUREAU OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT ADMINISTERED BY THE SARASOTA POLICE DEPARTMENT APPROVED (AGENDA ITEM IV-A-1) BOOK 50 Page 22034 11/05/01 6:00 P.M. BOOK 50 Page 22035 11/05/01 6:00 P.M. #1 (3000) through #2 (0020) CD 7:18 through 7:30 Gordon Jolly, Chief of Police, Sarasota Police Department (SPD), came before the Commission and stated that each year, the United States Department of Justice (USDOJ) awards local law enforcement agencies Local Law Enforcement Block Grant (LLEBG) funds through the Federal Bureau of Justice Assistance (BJA); that the BJA has awarded SPD $195,221 for the, year 2001; that the Commission approved a matching expenditure of $21,691 for the 2001 LLEBG at the August 6, 2001, Regular Commission meeting; that the total funds available for programs, projects, and equipment is $216,912; that proposals. for utilizing the 2001 LLEBG funds were received from. SPD Staff and from other local law enforcement agencies and reviewed by the LLEBG Advisory Board; that requests for over $400,000 in funding were received. Chief Jolly continued that the LLEBG Advisory Board initially considered and recommended certain funding requests prior to September 11, 2001; that following the September 11, 2001, terrorist attacks on the United States, the funding priorities of the LLEBG Advisory Board were altered and révised; that the current public hearing was delayed. from the October 15, 2001, Regular Commission meeting, to inventory SPD equipment and assets; that certain SPD equipment requires upgrading or replacement; that the LLEBG funding recommendations have also been changed; that the LLEBG Advisory Board consists of representatives from SPD; the State Attorney's Office for the 12th Circuit Court of Florida, the Sarasota County Clerk of the Circuit Court, the Salvation Army Social Services, the Sarasota County Sheriff's Office, and the Sarasota County School Board; that the following allocation of LLEBG funds for the City was recommended by the LLEBG Advisory Board: Amount Purpose $30,000 Drug-Free Communities to offset statt/administrative costs Amount Purpose $17,000 Behavioral Personnel Assessment Device (B-PAD) toward recruiting and assessing new Police Officer applicants $32,000 On-Target Performance Evaluation Program and Job/Task Analysis to monitor job performance for sworn officers $7,000 On-Target Intervention Program is an early warning system for officer's behavioral patterns ). $56,000 Total for the SPD. Professional. Standards Division Amount Purpose $79,912 Building Security Card Proximity System to enhance the security of the Police building $50,000 Gas Masks = replacement of outdated masks which do not meet OSHA standards $1,000 Disposable Protective Suits necessity driven purchase with the recent threat of biological/chemical substances being sent through the mail $130,912 Total for the SPD Support Services Division: Chief Jolly further stated that the $30,000 requested for Drug-Free Communities will provide funding to the Violent Crimes Task Force and the SPD Restorative Justice Program, which address the concerns of neighborhoods in dealing with juvenile delinquents; that B-PAD is an assessment device utilized during the selection of new police officers; that. the : On-Target Performance Evaluation: Program and Job/Task Analysis are requirements to receive accreditation; that the On-Target Intervention Program will allow SPD to track complaints filed against SPD . Officers and to address any. behavioral. problems more efficiently; that the remaining funds will be utilized to enhance security at public buildings and for personal safety equipment for SPD Officers. Vice Mayor Quillin stated that the advertisement and the Agenda backup material provided for the current public hearing differ in the total amount for the LLEBG appropriation; that' the advertisement indicates a total appropriation of $270,912 although the Agenda backup material indicates a total of $216,912; and. asked if SPD is seeking other grant funding for the $45,000 for the Criminal Investigations Division indicated in the advertisement? Chief Jolly stated yes; that grant funding has already been received for the $45,000 requested for the Criminal Services Division; that the advertisement for the public hearing indicates two funding. requests. which were initially included but were deleted from the final recommendation of the LLEBG Advisory Board: 1) the $45,000 appropriation for the Criminal Investigations Division and 2) a $9,000 appropriation for the Uniform Services Division. Vice Mayor Quillin asked the reason Court Watch was not recommended for LLEBG funding? Chief Jolly stated that LLEBG funds were initially recommended for Court Watch; however, following the September 11, 2001, terrorist BOOK 50 Page 22036 11/05/01 6:00 P.M. BOOK 50 Page 22037 11/05/01 6:00 P.M. attacks, the recommendation of the LLEBG Advisory Board was revised to provide funding for public building security and personal protection devices for SPD Officers. Vice Mayor Quillin stated that $30,000 is recommended for Drug- Free Communities; that the City has never received an accounting of the utilization of LLEBG funds by Drug-Free Communities, which also provides services to citizens of Sarasota and Manatee Counties; that Drug-Free Communities is particularly active in the City of Palmetto; that City funds should be spent for programs which benefit City citizens. Chief Jolly stated that Manatee County provides a similar funding amount to Drug-Free Communities; that the primary intent is to provide funding to the Violent Crimes Task Force, which serves as à force multiplier for the SPD; that the mission of the Violent Crimes Task Force was recently revised to focus primarily on coordinating domestic security issues with the Florida Department of Law Enforcement; that SPD Officers participate actively on the Violent Crimes Task Force; that the funds will partially be utilized to offset the expenses incurred by SPD Officers assigned to the Violent Crimes Task Force. Vice Mayor Quillin stated that the primary use of the funds for the Violent Crimes Task Force through Drug-Free Communities was not indicated in the Agenda backup material, which only indicates the. $30,000 for Drug-Free Communities is for community policing efforts; that Drug-Free Communities facilitates. many: programs in other urisdictions; that funds appropriated to the City should be utilized to benefit the citizens of the City and not other jurisdictions. Mayor Mason stated that the City receives LLEBG funds through the County. Chief Jolly concurred and stated that the City shares a criminal population with Sarasota and Manatee Counties; that criminals do not operate according to political boundaries; that the Violent Crimes Task Force. serves the City as a forcé multiplier for the SPD; that five local law enforcement agencies actively participate on and contribute to the Violent Crimes Task Force. Vice Mayor Quillin stated that City funds should be utilized only for purposes. which directly benefit the citizens of the City and the SPD; that the mission and benefits-to the City of the Violent Crimes Task Force are understood and appreciated; however, another concern is funding for Court Watch, which. is an excellent. local program directly benefiting the citizens of the City; that Court Watch actively monitors repeat offenders and local court cases for néighborhoods; that LLEBG funds should be utilized to fund and enhance programs which directly benefit the citizens of the City. City Manager Designate McNees stated that a. funding request for Court Watch will be presented for approval at the November: 19, 2001, Regular Commission meeting. Vice Mayor Quillin askèd. the funding source for the. proposed appropriation for Court Watch? City Manager Designate McNees stated that the funding source will be presented with the funding requèst at the November 19, 2001; Regular Commission meeting. Mayor Mason opénèd the public hearing. There was no one. signed up to speak and. Mayor Mason closed the public hearing. City Manager Designate McNees : stated that the Administration recommends approving the proposed 2001 Federal Bureau of Justice Assistance Local Law Enforcement Block Grant expenditures. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the proposed 2001 Federal Bureau of Justice Assistance - (BJA) Local Law Enforcement Block Grant (LLEBG) expenditures. Motion carried unanimously (4 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin,. yes. Vice Mayor Quillin stated that an accounting of the use of the LLEBG funds by Drug-Free : Communities, should be required to inform the public of the programs of Drug-Free Communities; that City funds should be utilized for City. programs and citizens. City Manager Designate McNees stated that the LLEBG Advisory Board recommended the use of LLEBG funds; that the SPD did not develop the funding recommendations and initially requested funding for Court Watch; that a funding request for Court Watch will be presented at the November 19, 2001, Regular Commission meeting. 11. NON-QUASI JUDICIAL PUBLIC HEARING RE : PROPOSED RESOLUTION NO. 02R-1438, APPROVING CITY-INITIATED APPLICATION 01-PA-05 BOOK 50 Page 22038 11/05/01 6:00 P.M. BOOK 50 Page 22039 11/05/01 6:00 P.M. FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN (A/K/A SARASOTA CITY PLAN 1998) TO ADD AND INCORPORATE AN HISTORIC PRESERVATION CHAPTER; AUTHORIZING TRANSMITTAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW AND COMMENT, ; ETC. (TITLE ONLY) (APPLICATION NO. 01-PA-05, APPLICANT CITY OF SARASOTA) ADOPTED WITH REVISIONS TO CHANGE REFERENCES TO TIME- -CERTAIN DATES TO. PROJECTED DATES FOR PROPOSED ACTION STRATEGIES 1.2, 1.3, 3.4, 3.5, 4.3, 5.1, AND 7.1, TO INCLUDE THE SARASOTA COUNTY SCHOOL BOARD AS A PARTNER INSTITUTION IN PROPOSED ACTION STRATEGY 8.7, PARTNERSHIPS WITH ARTS AND EDUCATION INSTITUTIONS, AND TO DELETE PROPOSED ACTION STRATEGY 4.3 RELATING TO THE HIRING OF STAFF SUPPORTING THE HISTORIC PRESERVATION PROGRAM (AGENDA ITEM IV-A-2) #2 (0020) through (1820) CD 7:30 through 8:21 Thorning Little, Chair, and Christopher Wenzel and Thomas Luzier, Members, Historic Preservation Board, and Douglas James, Chief Planner, and David Smith, AICP, Senior Planner II, Planning Department, came before the Commission. Mr. James stated that the City previously hired Clarion Associates, Inc. (Clarion) to prepare an Historic Preservation Chapter for the City's Comprehensive Plan, also called the Sarasota City Plan, 1989 Edition; that due to financial constraints, the prepared Historic Preservation Chapter was never presented to the Commission for adoption; that during 2000, the Planning Board/Local Planning Agency. (PBLP) initiated discussions for adopting an Historic Presérvation Chapter in the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) ; that at the January 2, 2001, Regular Commission meeting, the Commission directed to Staff to. prepare an Historic Preservation Chapter for the City's Comprehensive Plan; that Staff has prepared the proposed Historic Preservation. Chapter, which contains many goals and Action Strategies (A.S.) to implement the City's historic preservation efforts; that the proposed Historic Preservation Chapter is prepared, for transmittal to the Florida Department of Community Affairs (DCA) for an Objeçtions, Recommendations, and Comments Report if desired. Mr. James continued that at its October 3, 2001 meeting, the PBLP held a public hearing to consider the proposed Historic Preservation Chapter; that. Staff's initial report and recommendations were received by the PBLP, which proposed a number of revisions to the Historic Preservation Chapter; that the PBLP's proposed revisions are incorporated in the proposed Historic Preservation Chapter included in the Agenda backup material. Mr. Smith stated that the PBLP unanimously voted to recommend Commission approval of the proposed Historic Preservation Chapter as revised and authorization for transmittal to the DCA for review and comment; that the PLBP recommended the following changes which are also indicated in the Staff Report included the Agenda backup material: 1. Delete thé word "overlay" from A.S.. 3.3, Zoning Ovérlay Districts. Deletion of "ovérlay" would- not preclude the use of an overlay district in future impleméntation of thi's action strategy. However, staff may choose to implement this action strategy in a form other than an overlay district. 2. Remove the. references . to the "Planning and Development Department" and "Historic Preservation. Board" in. A.S. 4.3. Reference should be made to a generic "historic preservation program" which the preservation planner will support.. 3. Further define "federal undertakings (Section 106) I in A.S. 8.4. As currently written, the action strategy does not define what constitutes a "federal undertaking." 4. Delete A.S. 4.5 because it is the same as A.S. 6.1. This action strategy is more appropriately placed under Objective 6 = Community Awareness. 5. Revise A.S.. 1.2, 1.3; 3.4, 3.5, 4.3, 5.1, and 7.1 to include "projected" time-certain dates for completion of the specified tasks. Mr. Smith continued that the proposed Historic Preservation Chapter includes an Historic Preservation Plan which must be adopted by ordinance and contains the requisite goals and action strategies; that several minor administrativé changes will also be required to adopt the proposed Historic Preservation Chapter in 4 the City's Comprehensive Plan; that Staff recommends adoption of proposed Resolution No. 02R-1438 to authorize transmittal of the proposed Historic Preservation Chapter to the DCA with the following revisions: BOOK 50 Page 22040 11/05/01 6:00 P.M. BOOK 50 Page 22041 11/05/01 6:00 P.M. Delete reference to time-certain dates from proposed Action Strategies 1.2, 1.3, 3.4, 3.5, 4.3, 5.1, and 7.1. Delete proposed A.S. 4.3, concerning the hiring of Staff to * support the historic preservation program. Mr. Smith further stated that time-certain dates should not be included among the conceptual goals of the City's Comprehensive Plan; that the identified tasks may not be completed for a variety of reasons by the assigned dates; that the proposed time-certain dates were discussed by Staff and the PBLP at the October 3, 2001, public hearing; that the PBLP approved the inclusion of the word "projected" with the time-certain dates for specific tasks to. allow Staff a degree of flexibility; and referred to proposed A.S. 4.3 concerning the hiring of a professional preservation planner to support the City's historic preservation program as follows: 4.3" Staff: Restore the position of and retain a professional preservation planner to provide full-time or half-time support to the historic preservation program. The projected date for accomplishment of this action strategy is - January 2003. Mr. Smith stated further that City staffing is an administrative function assigned to : the respective City Charter Officials and should not be specified in the City's Comprehensive Plan, which is only a policy document; that Commissioner Palmer requested the addition of the Sarasota County School Board as a partner institution to proposed A.S. 8.7, Partnerships with Arts and Educational Institutions; that Staff reviewed, approves of, and recommends the proposed revision of proposed A.S. 8.7. Commissioner Palmer asked if the time-certain dates proposed. by the PBLP could be deleted from the text of the City's Comprehensive Plan yet included in the support document for the Historic Preservation Chapter? Mr. Smith stated that the proposed time-certain dates could be maintained in the support document to the Historic Preservation Chapter but not the City's Comprehensive Plan if desired by the Commission; however, Staff recommends deléting all references to time-certain dates; that the support document would require further revisions if time-certain dates are included in the support document but not in the text of the City's Comprehensive Plan. Commissioner Palmer stated that time-certain dates are included in other chapters of the City's Comprehensive Plan but have not been. observed; that deadlines have passed; that a perception is the City, cannot meet public commitments; that the City's commitments and promises should always be fulfilled; that otherwise, the public concludes the Commission is' not accountable to the citizenryi that the desire is to include time-certain dates in the proposed Historic Preservation Chapter; however, another concern is providing the State with a legal ability to penalize the City if the time-certain dates are not observed for any reason; that indicating the time-certain dates as "projected" dates may minimizé the ability of the State to. penalize: the City; that projected dates should be. included in the proposed Historic Preservation Chapter; that an opinion should be sought from the DCA concerning incorporation of projected dates in the City's Comprehensive Plan. Commissioner Palmer continued that proposed A.S. 5.2, Enforcement of Building Code, as follows is unclear and should be clarified: 5.2 Enforcement of Building Code: Strictly enforce the building code to prevent neglect of buildings that would ordinarily result in demolition, and consider prohibition, for a period of years, future construction on properties that have been illegally demolished - or : allowed to fall into disrepair by the owners. Mr. Luzier distributed copies of and referred to a schedule indicating the time required to prepare and process. the proposed Historic Preservation Chapter and stated that the effort and leadership of the Commission to pursue the preparation and adoption of an Historic Preservation Chapter in the City's Comprehensive Plan are appreçiated; that the PBLP initially requested the preparation of an Historic Preservation Chapter at the September 25, 2000, PBLP meeting; that significant time was required to prepare the proposed Historic Preservation Chapter; that Staff first initiated the concept of developing a City historic preservation program more than a decade ago; that the proposed Historic Preservation Chapter was initiated to: ensure the City's remaining historical resources are preserved for future generations; that people from throughout the United historical States visit the City to view the community's resourcesi that a strong private-public partnership was forged to prepare the proposed Historic Preservation Chapter. BOOK 50 Page 22042 11/05/01 6:00 P.M. BOOK 50 Page 22043 11/05/01 6:00 P.M. Mr. Luzier continued that the timing of the proposed Historic Preservation Chapter is a concern; that since 1990, a significant number of important local historic buildings and structures have been demolished or destroyed; that a primary intent of the Historic Preservation Board is to shift the burden of fulfilling the projected dates indicated in the proposed Historic Preservation Chapter to local volunteer organizations rather than Staff; that the public should also take responsibility for preserving local historic resources; that local volunteer organizations have been the most vocal supporters of adopting : a Historic Preservation Chapter in the City's Comprehensive Plan and should bear proportionate responsibility for implementation; that flexibility should be allowed; that the Historic Preservation Board recommended projected dates rather than time-certain dates to allow the City a degree of flexibility; that the projected dates should be included in the proposed Historic Preservation Chapter. Mr. Little stated that hiring an historic preservation planner is an important element for ensuring the implementation of the proposed Historic Preservation Chapter; that a projected date for hiring a historic preservation planner should be included in the proposed Historic Preservation Chapter; that an historic preservation planner should be hired regardless of local or national economic conditions; that the Commission has committed to historic preservation as an important priority; however, only $35,000 is budgeted by the Çity for historic preservation assistance and Staff salaries; that the City's national historic legacy and few remaining historical resources must be preserved; that the appropriate level of City funding must also be committed; that a financial feasibility study should be conducted for the City's historic preservation program; that similar energies and resources should be - committed to historic preservation as have been committed to preparing the City of Sarasota, Downtown Master Plan 2020 (Downtown Master Plan 2020) and many local redevelopment projects; that the City must preserve local historical resources for future generations; that the Ringling Towers should have been preserved for future generations but was not; that the community's history must be preserved and maintained; that private individuals and organizations have demonstrated a willingness to assist the City's historic preservation efforts; that professional staffing of the City's historic preservation program is important and must be fully funded as soon as possible. City Manager Designate McNees stated that City staffing - is an administrative issue and has never been required by any chapter in the Çity's Comprehensive Plan, which is not an. appropriate mechanism for specifying staffing levels; that the Commission is responsible for establishing the City's priorities; that staffing levels are determined by the Administration according to. the priorities established by the * Commission; that the City's. Comprehensive. Plan is. a policy ànd not an administrative support document; that successfully implementing the proposed. Historic Preservation Chapter will require the hiring of a professional historic preservation planner, who will be hired if desired by the Commission; that establishing a time-certain date for. hiring an historic preservation planner should not be included in the City's Comprehensive Plan. City Manager Designate McNees continued that including othér time- certain dates in the City's Comprehensive Plan is not. recommended; that local volunteer organizations are rot responsible for the City's commitménts to the State; that only the City will be, held accountable to. and penalizéd by the State if the proposed dates are not. observed; that the City will provide commitments to local volunteer organizations- to implement the proposéd Historic Preservâtion Chapter; however, a requirement should not be imposed upon the City to meet time-certain dates; that thé Administration will be accountable to the Commission if the proposed Historic Préservation Chapter is not properly implemented; that a requirement should be imposed which also makes. the City accountable to. the State to implement the City's historic preservation program; that the Administration will exert significant efforts to ensure' the proposed Historic Preservation Chapter is properly implemented. Vice Mayor Quillin stated that the City's previous effort to adopt an Historic Preservation Plan failed in 1992; that the Commission must ensure the proposed Historic Preservation Chapter is implemented if adopted; that the efforts of Staff, the Historic Preservation Board, and the Sarasota County Historic Preservation Committee to prepare the proposed Historic Preservation Chapter are appreciated and commended; and asked if the City budgeted funding for an historic preservation planner for fiscal year (FY) 2001/02? Jane Robinson, Director of Planning, came before the Commission and stated that funding for an historic preservation planner was not included in the budget for FY 2001/02. BOOK 50 Page 22044 11/05/01 6:00 P.M. BOOK 50 Page 22045 11/05/01 6:00 P.M. Vice Mayor Quillin stated that the understanding was a new Staff position would be created for historic preservation; that the City previously employed a Staff member who had historic preservation experience but who is now employed by the County; that many historic buildings and structures are located in the City and must be preserved for future generations; that the City.also has failed to protect several important historic buildings; that an example is the Lido Casino, which was demolished in 1969 for dubious reasons; that the community takes pride in the City's historic heritage and legacies; that a commitment must be made to the public to guarantee the preservation of local historic resources and the legacy for future generations. Vice Mayor Quillin continued that including projected dates in the proposed Historic Preservation Chapter is supported and will not allow the DCA to penalize the City if the projected dates are not achieved; that the City will first be required to complete a survey of the City's historic buildings, which will be an ongoing project; that conducting a survey of the City's historic buildings will not consume significant Staff time or efforts and could be accomplished during 2003; that projected dates must be included in the proposed Historic Preservation Chapter to ensure the City's goals and - tasks concerning historic preservation are accomplished as desired by the public; that citizens will criticize the Commissiont and the - City if the proposed Historic Preservation Chapter is adopted but not implemented in the near future; that the community is dedicated to preserving the City's historic legacyi that Staff is encouraged to seek grant funding for the City's historic preservation efforts; that the City's remaining historic buildings and structures must be preserved for future generations; that the Commission must exert leadership to ensure theti City's historic legacy is preserved. Mr. Luzier stated :: that earlier, the Commission. commended the efforts of the Single-Family Dwelling Height Task Force to addres's and resolve contentious but important public issues; however, the local * historic preservation community previously exerted significant efforts to initiate the preparation and adoption of a Historic Preservation Chapter; that : the City did not facilitate the community's initiative for historic preservation; that the public should be provided guarantees the proposed Historic Preservation: Chapter will be implemented; that the public will. allow Staff a degree of flexibility in. implementing the. proposed Historic Preservation Chapter. Mayor Mason opened the public hearing. The following people came before the Commission: Judy Fiala, 335 Morningside (34236), representing the Fine Arts Society of Sarasota, and Member, Steering Committee, An American Legacy: 2001 Sarasota School of Architecture Tour and Symposium, stated that the City, has an important historic legacy; that many buildings and structures in the City have been historically designated; that the historic designation of important buildings usually occurs for two reasonsi that the first reason for historic designation is the importance of the person who lived at - a property or for an event which occurred at the property; that the second. reason. for historic designation is the: architectural importarce of a structure. or building; that cértain structures or buildings are historically designated for both reasons; that' an example is Monticello, which was the home. of Thomas Jefferson, former President of. the United States and also possesses a unique architectural character; that many of the local structures and buildings constructed by architects of - the Sarasota School - of Architecture are also important for both reasons.. Ms. Fiala continued that the architects of the Sarasota School of Architecture were responsible for producing several important modern architectural innovations; that the legacy of the Sarasota School of Architecture must be preserved for the historical and economic benefit of the communityi that the City's historic buildings are nationally recognized; that people from throughout the Unites States come to Sarasota to visit and observe local historic buildings and' structures; that her husband was an architectural student during the late 1950s and early 1960s at the University of Illinois and idolized the architects of the Sarasota School of Architecture; that many architects and academics strove to replicate the architectural achievements of the Sarasota School of Architecture, which was responsible for producing many common architectural features such as the sliding glass door; that the 2001 Sarasota School of Architecture Tour and Symposium included participants from the States of Maine, New York, Illinois, and California, and Washington, D. C.; that the participants were not primarily architects or related professionals but were only interested in modern architecture and architectural history; that the City's historic buildings are an important tourist attraction and national resource and must be preserved; that every advantage should be provided to individuals desiring to preserve important local historic buildings or structures. BOOK 50 Page 22046 11/05/01 6:00 P.M. BOOK 50 Page 22047 11/05/01 6:00 P.M. Carol Kopeck, 350 Golden Gate Point (34236), representing the Fine Arts Society of Sarasota, and Co-Chair, Steering Committee, An American Legacy: 2001 Sarasota School of Architecture Tour and Symposium, concurred with Ms., Fiala and stated that the community already has a strong commitment to historic preservation; that the City has màny historic buildings and structures of local and national interest; that the proposed Historic Preservation Chapter should be adopted and implemented. There was no one signed up to speak and Mayor Mason closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 02R-1438 by title only. Commissioner Palmer stated that as previously indicated, clarification of proposed A. S. 5.2, Enforcement of Building Code, would be appreciated; that the concern is the preservation of private property rights. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that the Staff already enforces the Standard Housing Code, 1991 Edition, and the Commercial, Business, and Industrial Building Minimum Standards Code, 1992 Edition, which require the maintenance of commercial and industrial buildings to certain standards; that the - Standard Building Code, 1997 Edition, already allows the City to assume control of a - neglected property; that existing private property rights will be preserved; that instituting a prohibition against future construction - allows the City additional alternate actions if illegal building activities such as an unauthorized demolition occur; that the intent is only to consider but not necessarily institute a policy banning future construction; that the new historic preservation planner will be primarily responsible for developing penalties for property Owners illegally altering historically designated properties or structures. Commissioner Palmer asked if proposed A.S. 5.2 is acceptable to Staff? Mr. Litchet stated yes. Commissioner Palmer stated that proposed A.S. 5.2 is unclear; that Staff may have difficulty in the future in interpreting proposed A.S. 5.2; however, Staff indicated the current language of proposed A.S. 5.2 is acceptable. Mr. Litchet - concurred and stated that Codé Enforcement Staff has significant experience in proving. the intent of certain property owners to conduct illegal building activities. Commissioner Palmer stated that adding the Sarasota County School Board to the list of partner institutions indicated in proposed A.S. 8.7, Partnerships with Arts and Education Institutions, is supported; that a range. of time could be indicated as projected dates to provide the City further flexibility. Vice Mayor Quillin asked if the PBLP recommendation to insert projected dates in the proposed Historic Preservation Chapter is supported? Commissioner Palmer stated yes; that Staff should. have flexibility to accomplish the tasks or projects indicated in thé proposed Historic Preservation Chapter; that a range of dates. would provide additional flexibility; that a final datei by which a." certain task or. project must be accomplished should also be. indicated; that the final date should be. later than recommended by the PBLP and. the Historic Preservation Board. Vice Mayor Quillin concurred and stated that a range of time and a final date could be indicated to complete the assigned tasks. City Manager Designate McNees stated that indicating the datès by which a particular task or project should be completed is acceptable; that the concern is not the establishment of certain deadlines but rather the incorporation of deadlines in the City's Comprehensive Plan; that the projected dates should be adopted but not incorporated in the City's Comprehensive Plan; that a broad range of projected dates should be indicated if the desire is to incorporate. the dates in the City's Comprehensive Plan. Vice Mayor Quillin stated that Staff should also indicate if the projected dates are acceptable; that the City previously failed to accomplish many important tasks if dates were not established for completing a particular project or task in the City's Comprehensive Plan; that the Commission must ensure the City's projects are completed and implemented. Mr. James stated that the proposed Historic Preservation Chapter is an optional element to the City's Comprehensive Plan and is not required by the State; that the DCA will probably not penalize the City if only projected dates are incorporated in an optional element of the City's Comprehensive Plan. BOOK 50 Page 22048 11/05/01 6:00 P.M. BOOK 50 Page 22049 11/05/01 6:00 P.M. Vice Mayor Quillin asked if the projected dates are reasonable and acceptable to Staff? Mr. James stated yes; however, the City previously incorporated in the City's Comprehensive Plan dates for completion of certain projects which were not achieved. Commissioner Martin stated that projected dates should be incorporated in the City's Comprehensive Plan; that the recommended projected date's were analyzed by the PBLP, the Historic Preservation Board, and Staff; and asked if the projected dates are realistic and can be accomplished? Mr. Luzier and Mr. Little stated yes. Commissioner Martin stated that the projected dates are acceptable; that a range of dates and a final date are not required and are not supported; that incorporating projected dates in thé City's Comprehensive Plan will still allow Staff an acceptable degree of flexibility; however, the City should fulfill obligations to the public if feasible. Viçe, Mayor Quillin concurred. Commissioner Palmer referred to proposed A.S. 10.3, Bi-Annual Review, as follows: 10.3 Bi-Annual Review: Comprehensively review and evaluate Historic Preservation Plan objectives and. * - action strategies on à bi-annual basis to assess the progress toward attaining the goals of preservation and protection of the City's cultural, historic, architectural, and archaeological resources. The evaluation should specifically address the extent to which the City is meeting the objectives and action strategies identified in the Plan. Where appropriate, new timelines for completing specific tasks should be developed. Commissioner Palmer stated that proposed A.S. 10.3 allows the City flexibility to evaluaté and revise the. projected dates for each task indicated in the proposed Historic Preservation Chapter; that final dates or a range of dates are not required. Mr. James stated that proposed A.S. 10.3 affords the City the ability to reassess and revise the projeçted dates for any task indicated in the proposed Historic Preservation Chapter; however, the revisions may. constitute a large-scale amendment tot the City's Comprehensive Plan, which requires the review and approval of the DCA. City Manager Designate McNees concurred. Mr. James stated that the City should retain full control of local affairs and avoid unnecessary DCA reviews if possible. Vice Mayor Quillin stated that the completion of certain projects and tasks are required to implement the proposed Historic Preservation Chapter; that the projected dates should be observed by, the City; that an important project is the proposed survey of. historic resources, which will be an ongoing project in the City; that the survey will be continuous as, the: City. attempts to maintain local historic resourçes for future génerations; that the City, must make çommitments to the public to: ensure local. historic resources, and the community's historic legacy are protected; that the public must also be informed of the City's historic resources; that many homes ànd buildings designed by architects of the. Sarasota School. of Architecture have, already been destroyed; that City. must take the initiative to protect local historic resources; that making annual changes to the City's Comprehensive Plan is a normal process for the City; that the City should also annually review all ordinances and resolutions. Vice Mayor Quillin continued that the City previously initiated many projects without establishing deadlines; therefore, many projects were never completed or implemented; that the City's historic preservation program must be implemented. at any cost; that the City's historic resources are important to the economic success of the community; that the community's historic resources must be protected; that the City has already lost important historic structures such as the old City Hall building. City Manager Designate McNees asked if the consensus of the Commission is to incorporate the recommended projected dates in the proposed Historic Preservation Chapter of the City's Comprehensive Plan? Mayor Mason, Vice Mayor Quillin, and Commissioners Martin and Palmer concurred. On motion of Vice Mayor Quillin and second of Commissioner Martin, it was moved to adopt Resolution No.. 02R-1438 authorizing transmittal of the proposed Historic Preservation Chapter to the BOOK 50 Page 22050 11/05/01 6:00 P.M. BOOK 50 Page 22051 11/05/01 6:00 P.M. Florida Department of Community Affairs (DCA) for an Objections, Recommendations, and Comments report with the following revisions: Revise references to time-certain dates to projected dates for proposed Action Strategies 1.2; 1.3, 3.4, 3.5, 4.3, 5.1, and 7.1;. and Include the Sarasota County School Board as a partner institution in proposed Action Strategy 8.7, Partnerships with Arts and Education Institutions. City Manager Designate McNees asked if the recommendation to delete A.S. 4.3 is included in the motion? Vice Mayor Quillin stated no. City Manager Designate McNees stated that the City of Sarasota Charter (1996) (City Charter) assigns the responsibility for Çity staffing to the respective Charter Officials and not the Commission; that the City's Comprehensive Plan is not an appropriate document in which to determine staffing. City Attorney Taylor stated that proposed Resolution No. 02R-1438 adopts the Historic Préservation Chapter as indicated in the Agenda backup material; that the Commission should be sure the desired revisions to the text of the Historic Preservation Chapter are clearly indicated. Commissioner Palmer stated that the Administration strongly recommends deleting proposed A.S. 4.3 from the Historic Preservation Chapter; that the Administration's recommendation should be heeded; that the Commission has always strongly supported the creation of an Historic Preservation, Chapter for the City's Comprehensive Plan and has signaled a desire for the hiring of a historic preservation planner to facilitate the objectives of the proposed Historic Preservation Chapter; that thé responsibility for hiring Staff is. an important function of the Administration; that proposed A.S. 4.3 should be deleted. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to amend the motion to include deletion of proposed Action Strategy 4.3. Vice Mayor Quillin stated that proposed A.S. 4.3 does not violate the staffing responsibility of the Administration; that the historic preservation planner could be assigned to any. - City department désired by the Administration; that the, reference only indicates the Commission's, strong desire for the hiring of an historic preservation planner to facilitate the City's historic preservation program. City Manager Designate McNees stated that the desire of the Commission is. clearly understood; that, an historic preservation planner will be hired as soon as. possible; however, the City's Comprehensive Plan is not the appropriate document in which to direct the Administration to hire or fire particular Staff, Vice Mayor Quillin. stated that the current Administration is trusted; however, future Administrations may not follow the directions. of the: Commission. Commissioner, Martin stated that the Commission and not the City"s Comprehensive Plan is responsible for ensuring the Administration follows the directions of the Commission. Mayor Mason called for a vote on the amendment of the motion to include deletion. of proposed Action Strategy 4.3. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. Mayor Mason called for a vote on the motion to adopt Resolution No. 02R-1438 authorizing transmittal of the proposed Historic Preservation: Chapter to the Florida Department of Community Affairs (DCA) for. an. Objections, Recommendations, and Comments report with the following revisions: Revise : references to time-certain dates to projected dates for proposed Action Strategies 1.2, 1.3, 3..4, 3.5, 4.3, 5.1, ànd 7.1; Include the Sarasota County School Board as a partner institution in proposed Action Strategy 8.7, Partnerships with Arts and Education Institutions; and Delete proposed Action Strategy 4.3 concerning the. hiring of Staff that would support the historic preservation program. Mayor Mason requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yes; Palmer, yesi Quillin, yes; Martin, yes. Vice Mayor Quillin stated that the current and previous Commissions have initiated projects which required regular BOOK 50 Page 22052 11/05/01 6:00 P.M. BOOK 50 Page 22053 11/05/01 6:00 P.M. status reports; however, the Commission no longer receives the required status reports; that the Administration should provide the Commission with the required status reports in the future. The Commission recessed at 8:21 p.m. and reconvened at 8:32 p.m. Mayor Mason requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the, requirements of quasi-judicial public hearings were defined by the judicial process; that 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, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross-examination. 12. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 02-4345, AMENDING ORDINANCE NO.. 98-4051 TO REFLECT THE APPROVAL AND SUBSTITUTION OF SITE PLAN APPLICATION NO. 01-SP-30 FOR A PORTION OF PREVIOUSLY APPROVED DEVELOPMENT PLAN NO. 98-DPR-B; SAID SITE PLAN PERTAINING TO THE CONSTRUCTION OF A 95-UNIT HOTEL ON PROPERTY ZONED COMMERCIAL CENHIRAL BUSINESS: DISTRICT (C-CBD) LOCATED AT THE NORTHEAST CORNER OF THE NORTH TAMIAMI TRAIL AND THE BOULEVARD OF THE ARTS (FORMERLY : 6TH STREET) TO BE INCLUDED WITHIN THE MIXED USE DEVELOPMENT KNOWN AS THE RENAISSANCE OF SARASOTA; ETC. (TITLE ONLY) (APPLICATION NOS. 01-ROA-04 AND 01-SP-30; APPLICANT JOEL FREEDMAN, I AS AGENT REPRESENTING JFB HOTELS, INC. f AS OWNER) REFERRED BACK TO THE ADMINISTRATION FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE AND THE PLANNING BOARD/LOCAL PLANNING AGENCY AND PRESENTATION TO THE ÇOMMISSION (AGENDA ITEM IV-B-1) #2 (1944). through #3. (0294) CD 8:32 through 9:18 City Attorney Taylor stated that Rezone Ordinance Amendment Application No. 01-ROA-04 and Site Plan Application No. 01-SP-30 as incorporated in proposed Ordinance No. 02-4345 are to approve an amendment to previously approved Ordinance No. 98-4051 and to substitute Site Plan Application No. 01-SP-30 for the portion of the previously approved Site Plan accompanying Development Plan Review No. 98-DPR-B for a hotel at the intersection of North Tamiami Trail and Boulevard of the Arts; that the recommendation is to allow ten minutes for the Applicant's and the City's presentations and five minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have ten minutes to speak and five minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that other interested persons will. have five minutes to speak; that Phillip Dasher representing the Bayfront Condominium Association (BCA) has filed for certification as an Affected Person; that the BCA is a property owner within 500 feet - of * the mixed-use development known as the Renaissance of Sarasota (Renaissance project). Mayor Mason stated that hearing the Commission's agreement, the time Iimits are approved and the Affected Person is certified; and requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Martin stated that a conversation. was held with the Applicant. Commissioner Palmer stated that the Applicant contacted her after thé October 3, 2001, Planning Boàrd/Local Planning Agency (PBLP) Special meeting indicating changes to Site Plan Application No. 01-SP-30 would. be submitted to the Commission; that Site Plan Application No. 01-SP-30 relates to the Holiday Inn Express proposed for construction on Lot 2 of the platted Renaissânce project; that comments were made in her presence which may or may not necessitate ex parte disclosure. City Attorney Taylor stated that. all ex parte communications should be disclosed; that Commission discretion. should be utilized to determine ex parte communications. Commissioner PaImer stated that comments were made in her presence by Marcia Wood, President, the Downtown Association of Sarasota, Inc. (Downtown Association), and William Couch, Senior Vice President, Public Affairs, the Greater Sarasota Chamber of Commerce (Chamber); / that Charles Githler, City resident, also contacted her and was informed she did not participate in ex parte communications. BOOK 50 Page 22054 11/05/01 6:00 P.M. BOOK 50 Page 22055 11/05/01 6:00 P.M. Commissioner Martin stated that he was also contacted by Charles Githler. Vice Mayor Quillin stated that David Christner, City resident and owner of property adjacent to the Renaissance project, previously indicated to her the Renaissance project is incompatible with the surrounding neighborhood. Mayor Mason stated that no ex parte communications have occurred, opened the public hearing, and requested that the Applicant come forward. Joel Freedman, AICP, Freedman Consulting Group, agent for JFB Hotels, Inc. (JFB), stated that significant discussions have occurred with Staff regarding the Renaissance project's compatibility with the Rosemary District, the PBLP's finding of inconsistency with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the standards for review set forth in Sections IV-1106 and IV-506, Zoning Code (1998); that many meetings were held with Staff after the October 3, 2001, PBLP meeting; that the Applicant is confident the proposed changes to the Holiday Inn Express resulting from the meetings with Staff will satisfy the PBLP's and Staff's concerns; that the Applicant has agreed to resubmit the proposed changes to the Holiday Inn Express to the Development Review Committee (DRC), the PBLP, and - the Commission; that Staff has agreed to expedite the review process to adhere to the Applicant's time constraints; that significant changes have been made to the Holiday Inn Express including additional entrances and decorative features softening the relationship of the Holiday Inn Express to US 41; that the new site plans will - be submitted November 12, 2001; that a presentation was not prepared for the Commission at this time as the Appiicant requests the Commission refer proposed Ordinance No. 02-4345 back to the Administration for. further review of Site Plan Application, No. 01-SP-30. Mayor Mason requested that Staff come forward for the City's presentation. City Attorney Taylor stated that Staff has no presentation as the Applicant has requested re-submittal of Site Plan Application No. 01-SP-30. Mayor Mason requested that Affected Persons come forward; and the following Affected Person came before the Commission: Phillip Dasher, 926 Boulevard of the. Arts (34236), representing the BCA and the Sarasota County Bicyele/Pedestrian Committee, stated that the BCA believes the placement of the front of the Holiday Inn Express in relation to US. 41 is not pleasing; that the Holiday: Inn Express will not be bicycle, pedestrian, or néighborhood friendly; that the Renaissance project will be : the gateway to the Rosemary District; that the Holiday Inn Express is thrusting too many features on a site which is too small. Mr. Dasher continued that the Sarasota County Bicycle/Pedestrian Committee has worked diligently to: address pedestrian ànd: bicycle issues within thé City and County; that US: 41, Fruitville Road, and US 301 are difficult to cross, safely; and read into the record Pedestrian and Bicycle Accident Statistics from 1995.to 1999 as follows: " Intersection No. of Accidents y US: 41 : from Main Street to. north of 56 accidénts with.. General Spatz Boulevard 7 fatalities 1s Washington Boulevard from US 41 to: 53 accidents with Northgate Boulevard 4 fatalities US 41 from Proctor Road to Palm 59 accidents with Avenue 3 fatalities Mr. Dasher thanked Commissioner Palmer for providing the statistical information involving bicycle - and pedestrian accidents and fatalities involving counties with populations over 200,000; and stated that statistical information is often flawed as many accidents are not reported; that the Multi-Use Recreational Trail (MURT) should have a connection between Marie Selby Botanical Gardens and the University of South Florida (USF); that crossing US 41 will be necessary for the. connection; that sight distance and visibility must' be. maintained on the streetfront of the Renaissance project; that Bigplwpatiaenas conflicts are inherent at the corner of US 41 and Boulevard of the: Arts at which the Renaissance project is located; that the Holiday Inn Express will increase pedestrian and bicycle traffic; that safe crosswalks are a necessity; that the light at Boulevard of the Arts and US 41 provides only eight seconds for pedestrians and bicyclists to cross the street; that a large percentage of the City's population has been isolated west of US 41; that the Sarasota County Bicycle/Pedestrian Committee desires to assist in the technical preparation of the Renaissance project BOOK 50 Page 22056 11/05/01 6:00 P.M. BOOK 50 Page 22057 11/05/01 6:00 P.M. development; that highly qualified citizens sit on the Sarasota County Bicycle/Pedestrian Committee. Mayor Mason requested that other interested persons come forward; and the following interested persons came before the Commission: Kafi Benz, P.O. Box 2900 (34230), Neil LaHurd, 577 Corwood Drive (34234), and Charles Hegener, 637 40th Street (34234), representing the Indian Beach Sapphire Shores Association (IBSSA).. Mr. Hegener read into the record a prepared statement indicating that the: IBSSA Board requests the Commission require the developers of the Renaissance project (developer) adhere to the original intent of the Agreement For Disposition and Development of Real Property between the CRA and the Wynnton Group, Inc, (Disposition Agreement); that the public is significantly concerned about the Renaissance project; that the IBSSA Board requests the Commission deny . proposed Ordinance No. 02-4345 incorporating Site Plan Application No. 01-SP-30 and Rezone Ordinance Amendment Application No. 01-ROA-4. Ms. Benz stated that several buildings along US 41 have been constructed facing away from the street; that residents in the IBSSA: neighborhood are unhappy with the current buildings on US 41 facing away: from the street. and do. not desire. the Renaissance project be constructed in the same : manner, that the Applicant should consider re-orienting the front of the Holiday Inn Express to face US 41. James Spreitzer, 930 N. Tamiami Trail. (34236), and Greg Penix, 1355 Boulévard of the Arts (34236)-. Mr. Spreitzer distributed a letter dated November 5, 2001, concerning personal opinions regarding the Renaissance project to the Commission; and stated that the: opinions indicated in the November 5, 2001, letter. are solely his and do not represent the opinions of organizations with which he is affiliated. Mr. Penix stated that he is the Chair of the Rosemary District Neighborhood Association as well as. a business owner in the Rosemary District and read into the record Mr. Spreitzer's November 5, 2.001, lettèr. indicating. that, the Renaissance. project has not, been a good neighbor; that the Selby Public Library should have been constructed on the. Renaissance site; that the landscaping - of the Renaissance site resembles a moonscape punctuated by weeds; that the parking promised for the Player's Theater has not been offered; that the fountain and retention pool at the corner of US 41 and Boulevard of the Arts leaks; that the leak seeps for wéeks following a rain causing the sidewalk to become slippery with mud and fungus; that the decorative bricks in the sidewalk are. stained white indicating construction debris was. used as filler; that the Holiday Inn Express is planned to face away from US 41 thus failing to provide street access to guests of the Holiday Inn Express; that the Wynnton Group, Inc. (Wynnton), has indicated the high crime rate in the Rosemary District is the reason for the rear-oriented building; that the crime rate in the Rosemary District has fallen significantly in recent. years; that the Renaissance project should be assisting the community in reducing the crime rate in the Rosemary District even further rather than ignoring the situation. Màyor Mason requested that the Applicant come forward for rébuttal. Mr. Freedman stated that the Applicant did not make a presentation to the Commission as the Commission was requested to, refer proposed Ordinance No. 02-4345 back to the Administration. Mayor Mason closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 02-4345 by title only. On motion of Commissioner Palmer and second of Commissioner Martin; it was moved to refer proposed. Ordinance No. 02-4345 back to the Administration for review by. the Development Review Committee and the Planning Board/Local Planning Agency and presentation to the Commission as requested by the Applicant. Vice Mayor Quillin stated that - she has walked through the Rosemary District many times with Mr. Spreitzer; that Mr. Spreitzer is an asset to the Rosemary District and the City. Vice Mayor Quillin quoted Section 4.02, Agency Review of Plans, of the justification statement appended to a February 5, 1998, letter to Jane Robinson, Director of Planning, from Stanley Tarkow, Vice President and General Counsel, Wynnton, and included in the Agenda backup material as follows: In accordance with Section 4.02 ( (a) of the Agreement between the CRA and the Developer, we believe the proposed BOOK 50 Page 22058 11/05/01 6:00 P.M. BOOK 50 Page 22059 11/05/01 6:00 P.M. development plan complies in all the material respects with the CRA RFQ No. 97-1 including the Principles for Guiding Development Vice Mayor Quillin continued that the Disposition Agreement was between the developer and the Community Redevelopment Agency (CRA); that proposed Ordinance No. 02-4345 should be referred back to the CRA rather than the Administration; that the City issued. a Request For Proposal (RFP) for the County concerning the property on' which the Renaissance project is now located; that all efforts should be made to. ensure the Renaissance project constructed is the best possible development for the City and . County. Vice Mayor Quillin distributed a June 27, 2000, interoffice memorandum from. Building, Zoning, and Code Enforcement Director Litchet to former City Manager Sollenberger responding to a June 22, 2000, request from Ernest Babb, City resident, and stated that minor changes frequently occur as : developments progress; however, the footprints of the proposed buildings in the originally approved Renaissance project site plans changed in . 1998; that at the time, Mr. Babb requested information to discern the manner in which the footprint of a building can change without the approval of the CRA or Commission; that the desire is to work with the developer to. construct a mutually beneficial project; that. the CRA should work with the dèveloper to, ensure the original intent of the Disposition Agreement is achieved; that thé current motion is not supported. Vice Mayor Quillin moved to amend the motion torefer proposed Ordinance No. 02-4345 back to the. Community Redevelopment Agency.. The motion to àmend did not receive a second. Commissioner Palmer referred to the September 12, 2001, interoffice memorandum from Robert Fournier, Attorney, City Attornéy's Office, to Mark Hess; Chief Planner, Planning Department, concerning Site Plan Application No. 01-SP-30 and Rezone Ordinance Amendment No. 01-ROA-04 which was included in the Agenda backup material and asked if the CRA can mandate the. Applicant return Site Plan Application No. 01-SP-30 to the CRA for review? : City Attorney Taylor stated that the Zoning Code (1998) does not require CRA review and approval of development projects; that the Commission does not have the legal authority to require the Applicant return Site Plan Application- No. 01-SP-30 to the CRA for review. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and statèd that the developer should request CRA approval if the desire is to restructure the development; however, returning to the, CRA for approval of Site Plan Application No. 01-SP-30 would be voluntary on : the part of the Applicant; that the CRA is not required to review applications for development approval; that the CRA's. authority must be determined from the Disposition Agreement; that the CRA reviewed the. Renaissance project proposal prior to submittal of the first site plans to the DRC; that the CRA determined the. Renaissance project proposal met the original intent of the Disposition Agreement; that the Disposition Agreement indicatès only two types of changes are significant enough to warrant a mandatory referral back to the CRA; that the two. changes requiring CRA review are either scope or material changes; that scope. changes are defined as changes requiring an amendment to the City's Comprehensive Plan, a change to a Zone. District other than the Commercial, Central Business District (C-CBD) Zone- District, or as change causing a component of the projeçt toi exceed limitations on square footage; that. material changes are defined as chânges which may not be scope changes but are nevertheless significant enough to question the legitimacy of the intent of the original agreement; that the changes to the originally submitted site plans represented by the Holiday Inn Express site plan submitted by the Applicant do not constitute scope or material changes warranting referral to the CRA; that the September 12, 2001, interoffice memorandum indicates mandating referral of either application to the CRA is legally unfounded. Commissioner Palmer stated that the Commission does not have a legal basis to mandate the applications be referred to the CRA. Attorney Fournier stated that is correct. Commissioner Palmer stated that the property was subdivided and re-platted into six lots from the original one lot; that a concern is the future of the five other lots; that the overall original proposal for the Renaissance project indicated in the Disposition Agreement appears to have changed; that concerns are each lot. of the Renaissance project will change and the eventual outcome will be very different from the original intent presented to the CRA. BOOK 50 Page 22060 11/05/01 6:00 P.M. BOOK 50 Page 22061 11/05/01 6:00 P.M. Attorney Fournier concurred; but stated that the Holiday Inn Express alone is not a complete redesign of the Renaissance project as the Disposition Agreement indicated a hotel would be constructed on the site; that future changes may be determined as significant scope or material changes, warranting the réferral of the Renaissance project back to the CRA; that the original intent was not to develop the site incrementally but rather as a unified project. Vice Mayor Quillin stated that the CRA should review the Disposition Agreement; that the Commission is a legislative agency rather than a party to the Disposition Agreement; that the. CRA handles the intent of the project; and quoted. Section 4.02, Consistency with the Proposal, of the justification statement as follows: Consistency with the proposal as submitted with RFP-97-72 Consistent with the proposed design features, the site depicts lush landscaping and stepped down appearance along Cocoanut and 6th Street provided by the street level shops and pedestrian areas. Vice Mayor Quillin continued that Site Plan Application No. 01-SP-03 and Rezone Ordinance Amendment Application No. 01-ROA-04 are significantly different than the original proposal; that personal involvement with the property has been ongoing for over ten. years; that the residents of the Rosemary District have been very involved with the development of the site; that the CRA must review Site Plan Application No.: 01-SP-30 and Rezone Ordinance Amendment Application No. 01-ROA-04 to ensure the developer is meeting the intent of the Disposition Agreement; that all changes to projeçts should be reviewed by :: the proper authority rather than through a polling of Commissioners for approval; that thé footprints and designs of all surrounding buildings changed at the time the footprint of the main building was changed; that certain requirements within the original RFQ No: 97-1 have not been met; that the development is not- in a high crime area; that the developers should not use the assumption of a high crime rate as the reason to front. the Holiday Inn Express inward; that the Rosemary District will be personally defended and is not a high crime area; that the Renaissance project must become a good neighbor; that diligent personal effort has been expended into the development; that the desire is for success. Commissioner Palmer referred to the justification statement as follows: 4. Traffic Impacts on US 41 The development plan for the Renaissance project has been * designed with numerous access points, including five proposed access points on Cocoanut Avenue, two on 6th Street and one right-in/right-out access on - US 41.. The primary access points include the extension of May. Lane' and the access - points to the parking garages. from Cocoanut Avenue and 6th Street. Traffic impacts to US 41 are limited due to the distribution of the majority of the trips. on Cocoanut - Avenue and 6th Street. Commissioner Palmer asked if the traffic access. points indicated are to the Holiday Inn Express Iot or another lot of the Renaissance projeçt and if the Commission can mandate the developer return to the ÇRA for a review? Attorney Fournier stated that the City. does not have the contractual right to mandate another CRA review due to the nature of the changes; that two access points were originally planned and subsequently limited to one sO the. acces's point could be located farther east. of US 41: Commissioner Palmer stated that the Disposition Agreement indicated a unified Renaissance project would be developed; that the Renaissance project is now being divided into pieces; that the pieces as a whole will not likely be developed following the original intent: indicated in the Disposition Agreement. Attorney Fournier stated that the concern regarding the resemblance of the completed Renaissance project to the original proposal was expressed to the PBLP; that the Disposition Agreement provided Wynnton with the flexibility to subdivide and plat the property; that changes to the plans must be submitted, reviewed, and approved in the same format each time; that the process is not administrative but rather requires public hearings before the PBLP and the Commission. Vice Mayor Quillin stated that the hope is the developer will willingly approach the CRA for a. review; that the Disposition Agreement was not in the best interest of the City; however, the Disposition Agreement was struck and buildings will be constructed; therefore, the best interest of the City currently BOOK 50 Page 22062 11/05/01 6:00 P.M. BOOK 50 Page 22063 11/05/01 6:00 P.M. is to ensure the construction of mutually beneficial and desirable buildings; that the CRA is not. required to approve Site Plan Application No. 01-SP-30 and Rezone Ordinance Amendment Application No. 01-ROA-04 but can provide the public with an accurate concept of the Renaissance project; that many citizens are unhappy with the choice of a hotel as the. Holiday Inn Express is not considered upscale; that the CRA can provide assistance to the developer in creating and promoting a mutually beneficial property; that the CRA does not have to abide by the same constraints as the Commission. Vice Mayor Quillin moved to amend the motion to refer proposed Ordinance No. 02-4345 back to the Community Redevelopment Agency. The motion, to amend did not receive a second. Mayor Mason requested that Deputy City Auditor and Clerk McGowan restate the. motion. Deputy City Auditor and Clerk McGowan restated the motion as to refer proposed Ordinance No. 02-4345 back to the Administration for review by the Development Review Committee and the Planning Board/Local Planning Agency and presentation to the Commission. Commissioner Palmer stated that the concept of remaining with the proper authority is supported; however, the Commission is legally unable to mandate the developer return to the CRA for review; that the hope is the, developer will return voluntarily to the CRA for review. Mayor Mason requested that Deputy City Auditor and Clérk McGowan proceed with the * roll-call vote. Motion carried unanimously (4 to, 0): Martin, yes; Mason, yes; Palmer, yes;. Quillin, yes., 13. QUASI-JUDICIAL PUBLIC FEARING RE : PROPOSED ORDINANCE NO. 02-4346, TO REZONE A. PARCEL OF REAL PROPERTY CONSISTING OF t .29 ACRES LOCATED GENERALLY AT THE SOUTHWEST CORNER OF FRUITVILLE ROAD AND LOCKWOOD RIDGE ROAD WITH A STREET ADDRESS OF 3192 FRUITVILLE ROAD FROM THE MULTIPLE- FAMILY RESIDENTIAL-2 (RMF-2) ZONE DISTRICT TO THE OFFICE PROFESSIONAL BUSINESS (OPB) ZONE DISTRICT, / AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN APPLICATION NO. 01-SP-20 TO ALLOW AN OFFICE BUILDING TO BE CONSTRUCTED UPON THE ABOVE-DESCRIBED REZONED PROPERTY ; PROVIDING FOR CONDITIONS OF THIS REZONING, INCLUSIVE OF A PROFFERED SITE - PLAN; ETC. (TITLE ONLY) (APPLICATION NOS. 01-RE-08 AND 01 SP-20, APPLICANT JESSIE CRISTELLO AND GAIL CRISTELLO, AS OWNERS) - PASSED ON FIRST READING WITH CHANGES IN THE USES TO ALLOW A SINGLE- -TENANT OFFICE USE WITH MORE THAN ONE EMPLOYEE (AGENDA ITEM IV-B-2) #3 (0295) through (0579) CD 9:18 through 9:27 City Attorney Taylor stated that Rezoning Application No. 01-RE-08 and Site Plan Application No. 01-SP-20 as. incorporated in proposed Ordinance No. 02-4346 proposes to conditionally rezone a .29-acre parcel of property: generally located at the southwest corner of Fruitville and Lockwood Ridge Roads for. construction of a real estate office building; that the Applicants are Jessie and Gail Cristello, as owners; that the. recommendation is to allow ten minutes for the Applicant's and the City's presentations and. five minutes for rebuttal; that no persons have applied for Affected Person status; that. other interested persons will have five minutes to speak. Mayor Mason stated. that hearing the. Commission's agreement, the time limits are approved and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Mason, Vice Mayor Quillin, and Commissioners Martin and Palmer stated that no ex parte communications have. occurred. Mayor Mason opened the public hearing and requested that the Applicant come forward. Jessie Cristello, owner of the property, came before the Commission and stated that approval of proposed Ordinance No. 02-4346 is requested. Mayor Mason requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning Department, came before the Commission, displayed the Boundary and Topographic Survey included in the Agenda backup material, and stated that that the existing Multi-Family Residential-2 (RMF-2) Zone District is not an implementing zone district of the Community Otfice/Institutional Land Use Classification in which the property is Located; however, the requested Office, Professional and Business (OPB) Zone District desired by the Applicant is an implementing zone district; that Rezoning Application No. 01-RE-08 was originally submitted without a site plan; that the issues raised during Staff's review included specifics which BOOK 50 Page 22064 11/05/01 6:00 P.M. BOOK 50 Page 22065 11/05/01 6:00 P.M. would have been indicated on a site plan rather than the use requested through the rezoning; that six grand oak trees are located on the site; that Staff was concerned about tree preservation on the site as well as access to Lockwood Ridge Road in addition to the existing Fruitville Road access; and referred to the Agenda backup material indicating the Planning Board/Local Planning Agency (PBLP) held a public hearing on October 3, 2001, and found Rezoning Application No. 01-RE-08 and Site Plan Application No. 01-SP-20 as incorporated in proposed Ordinance No. 02-4346 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, the standards for review set forth in Sections IV-1102 (B) and IV-1107 (A), Zoning. Code (1998), and the Tree Protection Ordinance, and voted 4 to 1 to recommend Commission approval subject to the following conditions: 1. The uses included in the Proffer Statement dated June 1, 2001, shall be the only uses included in any future development 2. The project shall be constructed in conformity with the development plan presented with proffered Site Plan Application No. 01-SP-20. Development of the project shall be limited to the uses, densities, and heights as depicted on Site. Plan 01-SP-20 3. Future development on the. zoning lot shall. not exceed a-0.50 floor ratio area. 4. Applicant shall provide the Planning and Building, Zoning and Code Enforcement and Engineering Departments with an extended - access easement recording in the Public Records of Sarasota County providing access from the office building to Lockwood Ridge Road consistent with. the access shown on the Site Plan 01-SP-20 at least 14 days prior to the scheduling of the rezone ordinance for second reading before the Commission Ms. Murphy continued that the PBLP requested a site plan developed in coordination with Staff be presented resolving the tree preservation and access issues; that the Applicant gained the requested, easement to Lockwood Ridge Road from the Boys and Girls Club of Sarasota County, Inç., which holds a lease with the County; that the Applicant will request permission for the Lockwood Ridge. Road access from the Sarasota Board of County Commissioners (BCC) at a later date; that providing documentation of the BCC's approval of the easement to the Commission is required prior to the second reading of proposed Ordinance No. 02-4346; that the Applicant obtained the services of an arborist to maximize tree preservation in developing Site Plan Application No. 01-SP-20; that five of the six grand oak trees will be preserved; that the site is a difficult location to develop; that the Applicant has provided a site plan satisfying both Staff and the PBLP. Ms. Murphy stated further, that the Applicant was. self-limiting in the proffered use of a single-tenant real-estate office use with a determined square footage and one. employee; that Staff determined revising proposed. Ordinance No. 02-4346 to: allow. a single-tenant office use would enable the Applicant to sell the property at a: later date with the Elexibility of more than one employee: Commissioner Palmer. asked if language is included in proposed Ordinance No.. 02-4346 indicating the single-tenant office may retain more than one employee? Ms. Murphy stated that the change will be made prior to second reading of proposed Ordinance No. 02-4346. Deputy City Auditor and Clerk McGowan stated that no interested persons have signed up to speak. Mayor Mason stated that neither the Applicant nor thè 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. 02-4346 by title only. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it. was moved to pass proposed Ordinance No. 02-4346 on- first reading with changes in the uses to allow a single-tenant office use with more: than one employee. Commissioner Palmer stated that the efforts of Ms. Murphy and other Staff are appreciated. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Martin, yes; Mason, yes. BOOK 50 Page 22066 11/05/01 6:00 P.M. BOOK 50 Page 22067 11/05/01 6:00 P.M. 14. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #3 (00580) through (1284) CD 9:27 through 9:47 The following people came before the Commission: Paul Thorpe, 1818- Main Street : (34236), representing the Downtown Association of Sarasota, Inc., (Downtown Association), thanked the Commission and Staff on behalf of the Downtown Association for providing a model example of a. public/private partnership with the soon-to-open Main Street Station; that the Main Street Station will be successful. Mr. Thorpe continued that vagrants and panhandlers on Main Street are a concern; that Stan * Duncan, Lieutenant, Sarasota Police Department (SPD), is aware of thé problems caused by vagrants. and panhandlers; that a presentation promoting Downtown was previously made at the Sarasota Yacht Club (SYC); that many SYC members indicated the presence of vagrants and panhandlers deterred visitation to Downtown; that the wives of several SYC members indicated fear of the vagrants and panhandlers; that a vagrant known as Big Mike has been arrested 48 times but still walks: the Downtown area instilling fear in Downtown patrons; that the vagrants and panhandlers have been discussed during recent District . 2 candidate forums; that City Manager Designate McNees. was approached by a panhandler outside of a. Downtown restaurant after only one. week of residency. Mr. Thorpe displayed pictures of damage on the Zenith Insurance Company property and stated that young people are damaging property in. Downtown; that pieces of public artwork Downtown have been - damaged and destroyed; that the Zenith Insurance Company has fenced the property to deter further damage. Mayor Mason stated that hearing the Commission's consensus, time will be extended for Mr. Thorpe to finish his presentation. Mr. Thorpe stated that the walls in Links Park have been damaged by skateboarding; that more security is required Downtown during the evening; that' SPD officers were scarce during the November 2, 2001, Cartoon Walk Downtown; that a night patrol officer has been promised to the Downtown Association for years but has not: been delivered; that young people trequenting the Monterey Deli & Pub cause problems; that a task force should be created to resolve the problems Downtown," that damage to Downtown property is frequent and must be resolved. Vice Mayor Quillin stated that the City has limited resources; that off-duty SPD officers can. be hired for special events; that vagrancy and panhandling is a concern which should be reviewed by Staff; that a Citizens' Patrol should be utilized to patrol Downtown; that merchants in downtown areas in cities in other states post signs indicating no panhandling is allowed and distribute lists of agencies which provide assistance to panhandlers. Mr. Thorpe stated that Downtown merchants are not allowed to post signs. indicating, panhandling is not allowed; that extra security is required Downtown during the evening for everyday events; that - a task force should be created to resolve the problems Downtown. Commissioner Martin stated that the assumption was : a task force had been created and was currently developing solutions to the problems Downtown. Mi. Thorpe stated that groups have been created to resolve problems with homeless people Downtown; that groups have not béen created to' resolve other problems such as vagrancy, panhandling, and the damage created by young people; that Resurrection House located Downtown feeds 200 homeless people daily. Commissioner PaImer stated that downtown areas in cities in other states have identified areas in which panhandling is and is not allowed; that the panhandling problems Downtown are significant and increasing; that a resolution must be reached. City Manager Designate McNees stated that Staff is currently addressing the Downtown problems created by vagrants, panhândling, and young people; that a presentation will be made to the Commission at a later date. Wayne DeLair, 1937 8th Street, representing the Gillespie Park Neighborhood Association (GPNA) (34236), stated that GPNA distributes a newsletter which has received significant acclaim and generates enough funding to provide for a scholarship program; that $500 has been reserved by GPNA to distribute as a scholarship; that GPNA hopes to provide scholarship funds annually; that thé Sarasota Sailing Squadron, Sarasota Family YMCA, Inc., and various theater groups have been contacted to BOOK 50 Page 22068 11/05/01 6:00 P.M. BOOK 50 Page 22069 11/05/01 6:00 P.M. raise funds for the scholarship program; that GPNA hopes the City will also be able to provide funding for the scholarship program; that GPNA has raised approximately $4,000 in total funding; that the Gillespie Park business community has shown significant support for GPNA; that SPD has provided many services to GPNA; that GPNA is focusing on resolving the many problems within the neighborhood; that vagrants and panhandlers are human beings; that every individual has rights; that adopting an ordinance will not resolve the problems; that GPNA scholarship program assists those who are not fortunate enough to experience certain amenities in the City; that the Rosemary Celebrates Street Festival is scheduled for November 17, 2001; that GPNA is. very excited about the Rosemary Celebrates Street Festival; that the desire is to create more fun and strengthening neighborhood activities. Linda Holland, 617 Gillespie Avenue (34236), stated that Brush Up Sarasota was a successful and- significant community event; that several houses - in Gillespie Park received new coats of paint; that Brush Up Sarasota is a Neighborhood Action Strategy for the Gillespie, Park and Park East Neighborhood Associations; that Brush Up Sarasota has been held for several years; that a letter was sent to. Staff during the week of October 29, 2001, concerning neighborhood grants; that the letter included responses to comments made at the October 15, 2001, Regular Commission meeting indicating equipment purchased for neighborhood associations . is not. utilized; that the equipment and funds provided to Gillespie Park Neighborhood Association are utilized; that vagrancy is also. a problèm in Gillespie Park; that information concerning specific problems in Gillespie Park was. provided to: the Commission on October 1, 2001, that the problems are escalating; that GPNA should be included on any task force created to resolve the problems; that GPNA is not insensitive; however, vagrancy is a problem; that solutions should be developed involving and satisfying everyone. Vice Mayor Quillin stated that comments indicating GPNA does not utilize equipment purchased by the City for neighborhood safety were never made; that a letter and a copy of the minutes of the October 15, 2001, Regular Commission meeting will be sent to Ms. Holland; that the comment at the October 15, 2001, Regular Commission meeting was GPNA could offer to allow other neighborhood associations to borrow equipment; that Ms. Holland's information is incorrect. Ms. Holland stated - that comments at the October 15, 2001; Regular Commission meeting indicating GPNA equipment was not being used were personally heard; that the information is correct.. Vice Mayor Quillin stated that a copy of the minutes of the October 15, 2001, Regular Commission meeting will be sent. to Ms. Holland. 15. APPOINTMENT RE: CITIZENS WITH DISABILITIES BOARD APPOINTED JAMES SPREITZER AND JOAN CAMEZON; THE APPOINTMENTS OF JOSE GARNHAM, SAMUEL SCHACKOW, DOROTHY MULLEN, AND CAROLYN FISHEL TO THE LOCAL OPTION SALES TAX (L.O.S.T.) CITIZEN TAX OVERSIGHT COMMITTEE WERE ANNOUNCED (AGENDA ITEM VIII) #3 (1285) through (1343) CD. 9:47 through 9:48, Mayor Mason referred to the Agenda request form in the Agenda backup material indicating that Ordinance No. 01-4338 reduced the number of members on - the Citizens With Disabilities Advisory Board from seven to five members; that the two : seats expiring November 2003 which are currently vacant were deleted from the Citizens With Disabilities Advisory Board through thé adoption of Ordinance No. 01-4338; however, one seat remains vacant due to a resignation; that the term of Pam Dorwarth expires in November 2001 and she is not eligible for reappointment; that two seat vacancies must be filled. On motion of Commissioner Palmer and. second of Vice Mayor Quillin, it was movéd to appoint James Spreitzer and Joan Camézon to the Citizens With Disabilities Board. Motion carried - unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes;: Mason, yes. Deputy City Auditor and Clerk McGowan stated that. appointments, for terms which expire in September 2002 were made to the Local Option Sales Tax (L.0.S.T.) Citizen Tax Oversight Committee as follows: Mayor Mason appointed Jose Garnham and Samuel Schackow for the District No. 2 appointment. Vice Mayor Quillin appointed Dorothy Mullen and Carolyn Fishel for the District No. 3 appointment. Deputy City Auditor and Clerk McGowan continued that the next L.O.S.T. Oversight Committee meeting is scheduled for December 6, 2001, from 2 to 5 p.m. BOOK 50 Page 22070 11/05/01 6:00 P.M. BOOK 50 Page 22071 11/05/01 6:00 P.M. 16. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #3 (1344) through (1369) CD 9:48 through 9:49 COMMISSIONER PALMER: A. stated that a meeting of the Manasota League of Cities (MLC) is scheduled for November 8, 2001, in the Chambers; that a presentation will be made by both the Sarasota and Manatee County Departments of Emergency Management. 17. REMARKS OF COMMISSIONERS, - ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - (AGENDA ITEM X) #3 (13.70) through (2516) CD 9:49 through 10:16 COMMISSIONER MARTIN: A. stated that the County is currently conducting the Sarasota 2050 Planning for the Future: The Resource Management Area Approach (Sarasota 2025) study concerning future development for the County; that Doug James, Chief Planner, Planning Department has been a liaison from the City during the: development of Sarasota 2050; that he was asked to be a Commission liaison for Sarasota 2050; that meetings. have been held with Mr. James concerning the insertion of specific language for better communication between the City and County; that a joint meeting between the County Planning Commission and the City Planning Board/Local Planning Agency (PBLP) should be scheduled; that - Commissioner Palmer has advocated. for a joint meeting between the County Planning Commission and the: City PBLP for many years. Mayor Mason stated that scheduling a joint meeting between the County Planning Commission and the City PBLP is supported. Commissioner Palmer stated that a joint meeting between the County Planning Commission and the City. PBLP has been personally advocated for some time; that the County Planning Commission was personally approached many times to schedule. a joint meeting with the City PBLP; that scheduling a joint meeting between the County Planning Commission and. the City PBLP is supported. Commissioner" Martin stated that Mr. - James included ideas concerning Sarasota 2050 in a previous interoffice memorandum which will be: provided to the Commission at a later date. B. stated. that the first bus of the An American Legacy: 2001 Sarasota School of Architecture Tour and Symposium was personally met in the Chambers; that Jack West, architect, designed City Hall and. was present at the tour; and quoted Mr. West concerning the original ideas for designing City Hall as follows: The:. idea behind this room was to level the playing field for the City Commission and the members of the public who. wished to transact business with it. In a democracy it sounded reasonable to. me that a conference table would produce a more productive dialogue than the usual Supreme Court raised bench arrangement. To anticipate a question you are probably too courteous to ask, the. rather squat three-story annex to thé northeast was designed to be a ten-story tower with roof garden and sheltered ground level and second level access. to this original building. The original City Hall included a major exterior fountain, two exterior reflecting pools, and a raised fountain in - the adjoining atrium. A past Mayor stepped into one of the reflecting pools and had them both filled with concrete the next day and the interior fountain was turned into a planter with the original exposed concrete painted - black leaving only the original exterior fountain. Thank God the original sculpture, an integral part of the design concept created by the distinguished local sculptor Jack Cartlidge; is still in place. In 1983 the owner of thè Southgate Shopping Center asked me to turn an. alley into an inviting new access route to Burdine's Department Storé and to upgrade an interior mall which had been singularly unsuccessful. I could not undo the poor design of a mall: that had no pedestrian traffic because it had no anchors to produce. the traffic, but I was able to improve the aesthetic environment by a design which incorporated many of Jack Cartlidge's sculptures. A few years later Southgate Shopping Center was sold and a major remodeling project was begun. The new owner was apparently going to scrap the Cartlidge sculptures but someone interceded and BOOK 50 Page 22072 11/05/01 6:00 P.M. BOOK 50 Page 22073 11/05/01 6:00 P.M. gave them as a gift to the City of Sarasota. This is how the other Cartlidge sculptures miraculously appeared at City Hall. Commissioner Martin continued that the historical City Hall building is often celebrated; however, the value of an oral history should not be ignored; that hosting Mr. West in the City was a pleasure. Mayor Mason stated that Mr. West's presentation was recorded and therefore was previously included in the City's records; that Mr. West's presentation was given with conviction and pride. COMMISSIONER PALMER: A. stated that the October 2001 police magazine Law and Order includes an article written by Stan Duncan, Lieutenant, Sarasota Police Department (SPD) concerning Court Watch; that the Commission will be provided a copy of the article. B. stated that the Office of the City Auditor and Clerk is requested to arrange a presentation recognizing the efforts of Carol Kopeck and Martie Lieberman, co-chairs of the Tour and Symposium entitled An American Legacy: 2001 Sarasota School of Architecture, for the November 19, 2001, Regular Commission meeting; that. the tour provided the City with architectural recognition; that visitors from all over the United States visited the City to attend the tour. C. stated that the new Main Street Station opened with great success; that the Administration should review Noise Ordinance No.. 97-4019 and present ideas to the Commission at a later date; that the Sarasota Blues Fest was previously found to violate. Noise Ordinance No. 97-4019; that Noise Ordinance No. 97-4019 should be re-evaluated. Vice Mayor Quillin stated that at the time Noise Ordinance No. 97-4019 was passed an attempt was made to keep the Blue Ribbon Committee together; that Newtown, St. Armands Key, and the Sarasota Quay were designated in Noise Ordinance No. 97-4019 as noise-sensitive areas; that loud noise in a certain area may not be as offènsive as: in another area; that. the three designated areas should be reviewed for noise sensitivity; that Noise Ordinance No. 97-4019 should not be completely re-written but rather reviewed and revised. Commissioner Palmer stated. that a complete rewriting of Noise Ordinance No. 97-4019 may not be necessaryi however, the Downtown area must have a revised. Noise Ordinance; that Noise Ordinance. No. 97-4019 should be referred to the Administration for review. Commissioner Martin stated that a special exemption to Noise Ordinance No. 97-4019 is allowed; that the Commission has already approved exemptions to Noise Ordinance No. 97-4019 for special circumstances. Commissioner Palmer stated that the Downtown Association. of Sarasota, Inc. (Downtown Association) initially requested Noise Ordinance No. 97-4019 be revised for the: nèw Main Street Station; that the Downtown Association subsequently withdrew the request; that. Noise Ordinance No. 97-4019 was. never but should be reviewed. D. stated that two new members should be added to the Community Redevelopment Agency (CRA) Board; that information conçerning new additions to the CRA Board was provided to Staff and the City Attorney's Office; that Staff should make a presentation concerning the addition of two new members to the CRA Board. Vice Mayor Quillin stated that Staff indicated David Cardwell, Special Legal Counsel to the CRA, is preparing a presentation regarding the addition of two new members to. the CRA. Commissioner Palmer stated that Attorney Cardwell previously indicated to her all information has been returned to the City Attorney's Office; that the responsibility for preparing the presentation for the addition of two new members to the CRA. lies with Staff. Vice Mayor Quillin stated that the understanding is a meeting will be scheduled to discuss the addition of two new members to the CRA; that Attorney Cardwell should be advised of all projects being developed in the CRA area sO advice concerning the projects can be provided. E. stated that the November 4, 2001, Sarasota Herald-Tribune article concerning judges and witnesses BOOK 50 Page 22074 11/05/01 6:00 P.M. BOOK 50 Page 22075 11/05/01 6:00 P.M. from the Sarasota Police Department is a concern and asked for a response. Gordon Jolly, Chief, SPD, came before the Commission and stated that the November 4, 2001, Sarasota Herald-Tribune article was read; that the main problem is communication; that the majority of arrests in the City are made during the evening; that SPD officers work 12-hour night shifts beginning at 5, 6, and 7 p.m. and ending at 5, 6, and 7 a.m.; that communication with the State Attorney's and Public Defender's Offices is difficult; that the State Attorney's and Public Defender's Offices do not have businèss hours which are available to night shift SPD officers, do not have electronic mail, and do not have telephone voice mail making communication difficult; that SPD officers must attempt to communicate with the State Attorney's Office during off-duty hours; that - many times the communication is an attempt to explain the SPD officer's inability to attend a court case as subpoenaed; that meetings are scheduled with the State Attorney and the Public Defender to develop a new and reliable communication system; that the fault does not lie primarily with the SPD as the November 4; 2001, Sarasota Herald-Tribune article appears to indicate; that on occasion SPD officers do oversleep for court dates and are contacted; however, 12-hour night shifts" can make attending court during the middle of the day difficult for SPD officers; that timely and effective communication between the SPD, the State Attorney's, and the Public Defender's Offices is key. Vice Mayor Quillin stated - that the City has an employee who is responsible for coordinating court dates for SPD officers and alerting the State Attorney's and Public Defender's Offices if SPD officers are unable to attend court datès. Chief. Jolly stated that the City, does employ a coordinator; that frequently SPD officers are not notified of the subpoena to attend a court case until. after the date of the court case; that the City's coordinator does an excellent job; that SPD officers in reality are not absent from court cases as frequently as the November 4, 2001, Sarasota Herald-Tribune article indicates; that effective communication is key. Vice Mayor Quillin asked if SPD officers are subpoenaed differently than legal cases? Chief Jolly stated yes; that SPD officers are notified by 10 a.m. on the day an appearance in court is required; that depositions are frequently cancelled and rescheduled without the knowledge of the SPD officer; that communication problems will be resolved. F. stated that a joint meeting between the City and the School Board of Sarasota County (School Board) should be scheduled. Mayor Mason stated that scheduling: only one joint meeting between the City and the School Board will not provide enough time to discuss all pertinent issues. Vice Mayor Quillin stated that a date was. previously determined by the Commission for a joint méeting with the School Board; that: the previous Administration did not schedule. the joint meeting; that many joint méetings have - been requestéd during her tenure as. Commissioner and never scheduled. Commissioner Palmer stated. that the Administration should schedule a joint meeting between the City and the. School Board. VICE MAYOR QUILLIN: A. stated that vagrancy is an issue which is discussed cyclically; that many agencies in. the City are available to provide assistance to vagrants; that the Department of Housing and Community Development has' $200,000 available to assist agenciès providing shelter to. vagrants; however, the only agency in the City providing shelter to vagrants is the Salvation. Army * which is a religious organization; that the City cannot provide funding to religious organizations; that income-sensitive housing has been a personal priority for over ten years; that the City must resolve the vagrancy problem; that certain merchants offer vagrants money to make the vagrants go awayi that the merchants have been informed the vagrants will continue to return if money is provided;. that vagrants are personally informed of the assistance provided by the Salvation Army and the Resurrection House at the time vagrants ask for money; that inappropriate behavior will not exist if inappropriate behavior is not engaged in; that removing human and civic rights from a vagrant or panhandler will not be supported during her tenure as Commissioner; that the Resurrection House sponsors a coalition for citizens wishing involvement in developing solutions to vagrancy, panhandling, and homelessness. BOOK 50 Page 22076 11/05/01 6:00 P.M. BOOK 50 Page 22077 11/05/01 6:00 P.M. C. stated that a tree should be planted in. honor of former District No. 1. Commissionèr Delores Dry who passed away on December 9, 1995; that Tropical Storm (TS) Gabrielle felled several trees around City Hall; that a tree should be planted and dedicated to former Commissioner Dry; that the owner of the Main Street Station has indicated the benches in front of the Main Street Station will be removed; that a bench should be placed at the base of the planted and dedicated tree; that December 21 is the anniversary of former Commissioner Dry's birthday; that a tree should be planted and dedicated to former Commissioner Dry on December 21, 2001; that Staff has not provided suggestions as requested concerning placement of : the tree and bench; that friends of former Commissioner Dry have indicated a Magnolia tree should be chosen and planted; : that the City's arborist has indicated a Magnolia tree would be appropriate for City Hall. Commissioner Palmer stated that a Magnolia tree is planted in her front yard and is consistently a messy eyesore. Vice Mayor Quillin stated that Magnolia trees grow throughout her district and are enjoyed. Commissioner Palmer stated that a tree should be planted and dedicated to former Commissioner Dry. Vice Mayor Quillin stated that a Magnolia tree should be planted and dedicated to former, Commissioner Dry on December 21, 2001. MAYOR MASON: A. stated that a hole on Lemon Avenue was recently noticed and should be repaired. 18. OTHER ATESADKDISTRATIVA OFFICERS (AGENDA ITEM XI) #3 (2517) through (2550) CD 10:16 through 10:17 DEPUTY CITY AUDITOR AND CLERK MCGOWAN: A. stated that a Statutory Commission meeting is scheduled for noon on November 7, 2001, to certify the results of the November 6, 2001, Special- Election; that a swearing-in ceremony is scheduled for November 9, 2001, if one candidate receivès a majority of the votes; that Election is scheduled for a - Special Run-off December 4, 2001, if one candidate, does not receive 50 percent plus one vote at the November 6, 2001; Special Election. Vice Mayor Quillin stated that. District 2 citizens are encouraged to vote. on November 6, 2001. 19. ADJOURN (AGENDA ITEM XII) #3 (2551) CD 10:17 There being no further business, Mayor Mason adjourned the Regular meeting of November 5, 2001, at 10:20 p.m. Dantip : / a19 CAROLYNI J. MASON, MAYOR ATTEST: T4 Bully E Robens BILLY . ROBINSON, CITY AUDITOR AND CLERK 30 7. BOOK 50 Page 22078 11/05/01 6:00 P.M.