Regular City Commission Meeting

BOOK 51 Page 02/19/02 6:00 P.M. 22697 MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 19, 2002, AT 6:00.P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Mary J. Quillin, Commissioners Richard F. Martin and Lou Ann R. Palmer, Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: THANK YOU TO THE CITY OF SARASOTA FOR 43 YEARS #1 (0045) through (0379) CD 5:59 through 6:09 Mayor Mason requested that Larry Brunner, President, and Kirk Mason, Announcer, Sarasota Ski-A-Rees, join her and the Commission before the Commission table. Mr. Brunner stated that on behalf of the Ski-A-Rees members, the Commission is thanked for 43 years in Sarasota. A videotape depicting the talented performances of members of the Sarasota Ski-A-Rees was shown on the Chamber monitors. Mr. Mason requested that two Ski-A-Rees members, Catherine Ciccarello, and Kaylie Boland, co-winners of the "Best Female Skiers" in the southeast region of the United States, come before the Commission to present a plaque to the Commission thanking the City for 43 years of support; read the plaque in its entirety; presented a mug and tickets to a performance of the Ski-A-Rees to the Commissioners; and stated that the Commission's recognition and support is appreciated. Ms. Ciccarello and Boland presented the plaque to the Mayor and Commissioners. BOOK 51 Page 22698 02/19/02 6:00 P.M. 2. PRESENTATION RE: PROCLAIMING THE WEEK OF FEBRUARY 17 THROUGH 23, 2002 AS ENGINEERS’ WEEK IN THE CITY OF SARASOTA #1 (0378) through (0600) CD 6:09 through 6:16 Mayor Mason requested that Dennis Daughters, Director of Engineering/City Engineer, join her and the Commission before the Commission table and read in its entirety the proclamation of February 17 through 23, 2002, as a week of special importance to honor Engineers indicating that engineers have used scientific and technical knowledge and skills in creative and innovative ways to fulfill society’s needs; that engineers face the major technological challenges of time with skill and professionalism; that challenges range from rebuilding towns devastated by natural disasters to designing an information superhighway which will move the country into the twenty-first century; that engineers are encouraging young math and science students to realize the practical power of knowledge; that society will look more than ever to engineers and their knowledge and skills to meet the challenges of the future. Mr. Daughters, Vice President of the National Society of Professional Engineers (NSP) and past President of the Florida Engineering Society (FES), requested that fellow engineers, Thomas Wilcox, General Manager of Construction, Sarasota County, and Incoming President of the local chapter of the American Public Works Association (APWA), and Chris Sharek, Assistant Engineer, City of Venice, and President of the local chapter of the American Society of Civil Engineers (ASCE), join him before the Commission. Mr. Wilcox stated that the APWA has 26,000 members nationally and 191 members locally; that the proclamation is appreciated. Mr. Sharek stated that ASCE was founded in 1852 and, as the oldest engineering society in the nation, is celebrating its 150th anniversary; that serving as the President of ASCE is an honor; that several programs are taking place as part of Engineers’ Week including an Outreach Program, in which engineers speak to high school students in higher mathematics courses about careers in engineering, and the "Toothpick Bridge Competition" at the Gulfcoast Wonder and Imagination Zone (G.WIZ) during which students' toothpick bridges will be tested for load capacity. BOOK 51 Page 02/19/02 6:00 P.M. 22699 Mr. Daughters stated that PCL Civil Contractors, Inc. (PCL), arranged for the use of the Sarasota County trolleys to allow students to take a trip to view the John Ringling Causeway Bridge during construction; and further stated that Alexandrea Hay, Deputy Director of Engineering/Deputy City Engineer, is the current President of FES, further demonstrating representation by local government in Engineering professional organizations. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0636) through (0692) CD 6:16 through 6:18 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. III A-1, Approval Re: Set for public hearing proposed Ordinance No. 02-4356, amending Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, of the Code of Ordinances of the City of Sarasota; amending Section 24-96, to amend the Definition of Accumulative contributions” and “Credited service” and add a definition of “Vest, vested”; amending Section 24-98, Board of Trustees; etc., per the request of City Auditor and Clerk Robinson B. Remove Consent Agenda No. 1, Item No. III A-4, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreements for Neighborhood Association Grant between the City of Sarasota and Park East Community Association request for a picket fence in the amount of $2,000 and Rosemary District Neighborhood Association request for a digital recorder and neighborhood logo in the amount of $1,797.85, per the request of Deputy City Manager Schneider C. Add under Consent Agenda No. 2, Item No. III B-5, Adoption Re: Proposed Resolution No. 02R-1482, expressing support for the passage of the March 19, 2002 referendum to increase the property millage rate by one mill to enable the Sarasota County School District to continue to provide high quality education; etc. (Title Only), per the request of Commissioner Palmer BOOK 51 Page 22700 02/19/02 6:00 P.M. On motion of Commissioner Martin and second of Commissioner Palmer it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 4. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 22, 2002 - APPROVED; REGULAR SARASOTA CITY COMMISSION MEETING MINUTES OF FEBRUARY 4, 2002 - APPROVED AS CORRECTED (AGENDA ITEM I-1, -2) #1 (0692) through (0742) CD 6:18 through 6:21 Mayor Mason asked if the Commission had any changes to the minutes of the January 22, 2002, Regular Commission meeting. Mayor Mason stated that hearing no changes, the minutes of the January 22, 2002, Regular Commission meeting are approved by unanimous consent. Mayor Mason asked if the Commission had any changes to the minutes of the February 4, 2002, Regular Commission meeting. Vice Mayor Quillin quoted the following from Remarks of Commissioners, Agenda Item X, from the minutes of the February 4, 2002, Regular Commission meeting: VICE MAYOR QUILLIN: D. stated that the efforts of Engineering Staff to encourage the construction of a left-turn lane from westbound Tenth Street onto Lemon Avenue near the WWSB-TV Channel 40 are appreciated. Vice Mayor Quillin stated that the phrase "encourage the construction the of a left-turn lane" should read "remove the left-turn sign." On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to approve the minutes of the February 4, 2002, Regular Commission meeting as corrected. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 5. BOARD ACTIONS RE: REPORT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION BOARD REPORT OF JANUARY 17, 2002 - REPORT RECEIVED (AGENDA ITEM II-1) BOOK 51 Page 02/19/02 6:00 P.M. 22701 #1 (0742) through (0847) CD 6:21 through 6:23 Kenneth McMillen, Chair, and Maria Price, Vice Chair, Parks, Recreation, and Environmental Protection Advisory Board (PREPAB), came before the Commission. Mr. McMillen stated that due to his inability to attend the PREPAB meeting for health reasons, the Vice Chair will provide the report of the January 17, 2002, PREPAB meeting. Ms. Price presented the following items from the January 17, 2002 PREPAB meeting: A. STAR Program Ms. Price stated that PREPAB was provided a presentation concerning Students Taking an Active Role in Sarasota County (STAR) program; that the PREPAB voted unanimously to support the STAR program. B. The Allen Play Area Ms. Price stated that after reviewing the plan for The Allen Play Area project presented by Staff and the City's Landscape Architect, the PREPAB visited the proposed site at Bayfront Park; that after discussion on the size and layout of the Allen Play Area, the PREPAB voted unanimously to support the concept plan as submitted, reserving the opportunity to comment further as the project continues. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to receive the report of the January 17, 2002, Regular Meeting of the Parks, Recreation, and Environmental Protection Advisory Board. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 6. CONSENT AGENDA NO. 1: ITEM NOS. 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, AND 17 - APPROVED (AGENDA ITEM III-A) #1 (0847) through (0906) CD 6:23 through 6:25 BOOK 51 Page 22702 02/19/02 6:00 P.M. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Agreement for Neighborhood Association Grant between the City of Sarasota and Alta Vista Neighborhood Association, to change the effective date of the agreement to October 10, 2001, to reflect distribution of the neighborhood newsletter, and to reduce the amount of the grant from $2,748.58 to $784.58 to reflect the allocation to GDSAT that was approved separately by the City Commission on January 7, 2002 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Agreement for Neighborhood Association Grant between the City of Sarasota and Ringling Park Neighborhood Association, for an extension to provide for a monthly newsletter for Ringling Park Neighborhood Association 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute Modification #1 to the Contract between the City of Sarasota and the Department of Community Affairs, for the Urban Infill and Redevelopment Assistance Grant Program, Contract # 01- UI-07-09-68-02-009 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Renewal of Financial Advisor Consulting Agreement between the City of Sarasota and John Haylett & Co., Inc., for a three-year extension 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Twelfth Amendment to Agreement for Engineering Services between the City of Sarasota and Coastal Planning & Engineering, Inc., for the Lido Beach Renourishment Project 8. Approval Re: Authorize the Mayor to submit a letter to the Governor, the leadership of the legislature, and the local legislative delegation objecting to Governor Bush’s proposal to freeze State Housing Initiatives Partnership (SHIP) funds for eight years 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Extension of Fifth Amendment to Minor League Baseball Facility Lease between the City of Sarasota and Red Sox of Florida, Inc., to allow the continued use of the City of Sarasota Sports Complex and Ed Smith Stadium for an additional one-year period for their 2002 championship season BOOK 51 Page 02/19/02 6:00 P.M. 22703 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Extension of Commission Services Agreement between the City of Sarasota and Shelley Lederman, for a two-year extension 11. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Parking License Agreement between the City of Sarasota and Community AIDS Network, Inc., for use of their parking lot for overflow parking during spring training and other special events held at the City of Sarasota Sports Complex and Ed Smith Stadium for a period of three (3) years commencing February 27, 2002 through April 1, 2004 12. Approval Re: Authorize the Mayor and City Auditor ad Clerk to execute the First Amendment to Agreement for Parking Operations between the City of Sarasota and Sports Committee of Sarasota, Inc., for a three-year term to manage and provide volunteers for parking operations on City contracted lots 13. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Tak Construction Corp., c/o Todd Alan Kerber, President, for water service for property located at 3005 Hillview Street 14. Approval Re: Monthly activities report from the Greater Downtown Sarasota Action Team (GDSAT 15. Approval Re: Monthly activities report from the Downtown Association 16. Approval Re: Monthly activities report from Sarasota Court Watch 17. Approval Re: Monthly report on the activities at the Urbaculture site On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve Consent Agenda No. 1, Item Nos. 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1478) - ADOPTED; ITEM 2 (RESOLUTION NO. 02R-1481) - ADOPTED; ITEM 3 (ORDINANCE NO. 01-4342) - ADOPTED; ITEM 4 (ORDINANCE BOOK 51 Page 22704 02/19/02 6:00 P.M. NO. 02-4360) - ADOPTED; ITEM 5 (RESOLUTION NO. 02R-1482 - ADOPTED (AGENDA ITEM III-B) #1 (0906) through (1020) CD 6:25 through 6:28 1. Adoption Re: Proposed Resolution No. 02R-1478, expressing support for the retention of the present Commission-Manager form of government in the City of Sarasota and expressing opposition to a change in the form of government to a “Strong-Mayor” form of government in which the mayor rather than the city manager would function as the chief administrative official of the city; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 02R-1481, appropriating $45,000 from the unappropriated funds received from Sarasota County to fund one additional staff member for the office of housing and community development to be funded from a transfer of funds from Sarasota County, etc. 3. Adoption Re: Proposed Ordinance No. 01-4342, authorizing the creation of Special Neighborhood Improvement districts pursuant to section 163.511, Florida Statutes within the municipal limits of the City of Sarasota, Florida; repealing ordinances in conflict, etc. (Title Only) 4. Adoption Re: Proposed Ordinance No. 02-4360, to rezone a ±.92 acre site located at the northwest corner of Brink Avenue and Fruitville Road from the Single-Family Residential-2 (RSF-2) and Multiple Family Residential-2 (RMF-2) Zone Districts to the Office, Professional Business (OPB) Zone District, as more particularly set forth herein; said property being located at 2989 Fruitville Road, approving Site Plan 02-SP-01, which has been proffered as a condition of this rezoning; providing for conditions of this rezoning; etc. (Title Only) (Application Nos. 02-RE-01 and 02-SP-01, Applicant Bruce E. Franklin, Land Resource Strategies, Inc., as agent representing Suncoast Center for Independent Living, Inc., a not-for-profit Florida corporation, as contract vendee, and Ralph L. Mushrush, Trustee, as property owner) 5. Adoption Re: Proposed Resolution No. 02R-1482, expressing support for passage of the March 19, 2002, referendum to increase the property millage rate by one BOOK 51 Page 02/19/02 6:00 P.M. 22705 mill to enable the Sarasota County School District to continue to provide high quality education; etc. (Title Only) City Auditor and Clerk Robinson read proposed Resolution Nos. 02R-1478 and 02R-1482 and Ordinance Nos. 01-4342 and 02- 4360, by title only and proposed Resolution No. 02R-1481 in its entirety. On motion of Commissioner Martin and second of Vice Mayor Quillin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 5, inclusive. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. Mayor Mason stated that former Mayors and Commissioners Rita Roehr and Elmer Berkel are present in the audience and are welcomed. Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 8. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4366, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS, COMMISSIONS AND COMMITTEES, DIVISION 3, THE VAN WEZEL PERFORMING ARTS HALL ADVISORY BOARD, TO DELETE THE REQUIREMENTS THAT NORMAL BOARD TERMINATIONS BE FILLED AFTER FOUR MONTHS ADVANCE NOTICE AND AFTER THE CITY AUDITOR AND CLERK HAS DISTRIBUTED APPLICATIONS FOR BOARD MEMBERSHIP TO BOOK 51 Page 22706 02/19/02 6:00 P.M. ALL MEMBERS OF THE VAN WEZEL PERFORMING ARTS HALL BOARD TO BE DISCUSSED AT A REGULARLY SCHEDULED MEETING OF THE BOARD; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) – PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #1 (1020) through (1231) CD 6:28 through 6:34 City Attorney Taylor stated that the public hearings at the current meeting are occasioned by the request of the Commission to add a participant in the Student Taking Active Roles (STAR) in Sarasota County program to various City boards; that archaic provisions in the City Codes were discovered while developing the ordinance to add STAR youth members to the boards; that the Van Wezel Performing Arts Hall (VWPAH) Board has a special procedure in which applications are received months in advance of an anticipated vacancy; that the process is cumbersome and is not applicable to the STAR youth member; that at its December 17, 2001, Regular meeting, the Commission requested an ordinance deleting the extraordinary requirements to fill vacancies on the VWPAH Board which are applicable to no other City advisory boards; that proposed Ordinance No. 02-4366 repeals special requirements pertaining to notice of vacancies and the processing of applications to fill vacancies on the VWPAH Board. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4366 by title only. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 02-4366 on first reading. Commissioner Palmer stated that the provisions included in proposed Ordinance No. 02-4366 were discussed with the VWPAH Board; that no objections were noted. Mayor Mason called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Servian, yes Martin, yes;. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4367, AMENDING THE SARASOTA CITY CODE (1986), BOOK 51 Page 02/19/02 6:00 P.M. 22707 CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS, COMMISSIONS AND COMMITTEES, TO PROVIDE FOR THE APPOINTMENT OF A YOUTH MEMBER ON THE CITIZENS WITH DISABILITIES ADVISORY BOARD, THE PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD, THE PUBLIC ART COMMITTEE AND THE VAN WEZEL PERFORMING ARTS BOARD; SETTING FORTH FINDINGS; SPECIFYING THAT THE STUDENT YOUTH REPRESENTATIVE SHALL BE A PARTICIPANT IN THE STUDENTS TAKING ACTIVE ROLES IN SARASOTA COUNTY (STAR) PROGRAM OF THE COMMUNITY YOUTH DEVELOPMENT PROJECT; PROVIDING FOR BASIC QUALIFICATIONS APPLICABLE TO THE STUDENT YOUTH REPRESENTATIVE; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) – PASSED ON FIRST READING WITH THE DELETION OF THE PROVISION RESTRICTING THE STAR YOUTH MEMBER FROM REAPPOINTMENT TO THE BOARD FOR A SECOND TERM (AGENDA ITEM IV-A-2) #1 (1231) through (1687) CD 6:34 through 6:46 City Attorney Taylor stated that proposed Ordinance No. 02-4367 is a general enabling regulation allowing the Commission to appoint student youth representatives to the four boards specified, i.e., the Citizens with Disabilities Advisory Board, the Parks, Recreation and Environmental Protection Advisory Board (Parks Board), the Van Wezel Performing Arts Hall (VWPAH) Board, and the Public Art Committee; that the Sarasota City Code (1986 as amended) (City Code) contains specific provisions applicable to various advisory boards of the City as well as general provisions applicable to all Boards in Chapter 2, Article V, Boards, Commissions and Committees, Division 1; that an amendment to Division 1 is necessary to implement the Students Taking Active Roles (STAR) program; that a new Section 2-260.1, Board membership; STAR Program participants will be added to Article V, Boards, Commissions and Committees, Division 1, to accommodate the STAR Program; that proposed Ordinance No. 02-4367 will provide for internal consistency within Chapter 2, Article V, Boards, Commissions and Committees, Division 1 in general. City Attorney Taylor continued that a question regarding proposed Ordinance No. 02-4367 and the ordinances specific to each board has arisen; that language limiting a STAR youth member to a one-year term is found in Section 2-260.1(e) of proposed Ordinance No. 02-4367 as follows: BOOK 51 Page 22708 02/19/02 6:00 P.M. e. The Student Youth Representative appointed to a Board shall serve a one-year term and may not be re- appointed to serve a second term. City Attorney Taylor stated that the lack of a reappointment provision may be contrary with the anticipation of the program; that the language of Section 2-260.1(e) is not title sensitive and may be removed without affecting the ability to pass the ordinances on first reading at the current meeting. Mayor Mason opened the public hearing and the following people came before the Commission: Bailey Smith, 4733 Old Stone Road (34233), Chair, STAR Program Executive Board, stated that the opportunity to speak to the Commission is appreciated; that the placement of STAR youth members on the four City advisory boards is exciting; that youth involvement in the community is a growing trend; that the STAR program is instrumental in youth involvement in civic matters; that the Commission’s time involved in considering the STAR program is appreciated. Karen Bogues, 4409 Sawyer Road (34233), Director, Community Youth Development Project, stated that the opportunity to offer the STAR program to youth from the area is pleasing; that the STAR program is at the core of the high school programs offered; that opportunities for high school students range from general recreational opportunities to leadership training; that the STAR program provides more than leadership training; that self-esteem building and community involvement is provided; that the impact on the adults on the committees working with the STAR youth members is astonishing; that many community committees were initially resistant to working in partnership with the STAR youth members; that in the course of three to six months, each of the committees has become an outspoken proponent of the STAR program; that the success of the STAR program and the youth members is evident; that the STAR program recognizes the youth of the community have much to offer; that the youth in the community are people too and will contribute to the community in the future if expectations are clarified now; that the support of the Commission is appreciated. Sara Fairall, 2905 Bougainvillea Street (34239), stated that a position in the STAR program has been held for two years; that a one-year term on the County’s Library Advisory Board was served; that current service is on the City’s Police Chief’s Advisory BOOK 51 Page 02/19/02 6:00 P.M. 22709 Board and the STAR Leadership Council; that the community involvement has been of personal benefit; that speaking with various adults and enjoying full voting privileges on a board is exciting. Rebecca Varley, 414 South Pelican Drive (34237), two-year participant of the STAR program stated that a position on the Keep Sarasota Beautiful Advisory Board was previously held; that her current interest is in serving on the Van Wezel Performing Arts Hall (VWPAH) Board; that the STAR program is important in providing the youth of the community with a voice concerning City matters; that participation in the program is a privilege. Taylor Guilliland, 3642 Walden Pond Drive (34240), stated that participation in the STAR program is recent; that service on the Sarasota County Stormwater Environmental Utilities Advisory Board is enjoyed; that the STAR youth members develop character as a result of serving on advisory boards; that participating in committee meetings and experiencing the involvement of the adults holding leadership roles in the community provide an understanding of the meaning of leadership; that the Commission determines the quality of life for the community; that the STAR youth members have the honor of serving with adults in leadership roles and providing a youth perspective; that the addition of STAR youth members to the City advisory boards is respectfully requested; that the STAR program has been a success in the County. There was no one else signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4367 by title only. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 02-4367 on first reading with the deletion of the provision restricting the STAR youth member from reappointment to the board for a second term. City Attorney Taylor stated that the STAR youth member will be eligible for appointment for a total of three one-year terms after proposed Ordinance No. 02-4367 is revised. BOOK 51 Page 22710 02/19/02 6:00 P.M. Commissioner Palmer stated that three of the four City Advisory Boards chosen for STAR program youth member participation passed motions unanimously supporting the inclusion of a youth member; that the Citizens with Disabilities Advisory Board, VWPAH Board, and the Parks Board passed motions; that the meeting with the Public Art Committee (PAC) was positive; that the PAC is supportive although an actual motion was not passed; that the Commission and the participating City advisory boards are excited by the inclusion of the STAR youth members; that the presenting STAR youth members are exceptional. Commissioner Martin stated that the presenting students are impressive; that the STAR program is strongly supported. Mayor Mason called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yes; Servian, yes Martin, yes; Mason, yes. 10. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4352, AMENDING THE SARASOTA CITY CODE (1986), CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS, COMMISSIONS AND COMMITTEES, DIVISION 6, CITIZENS WITH DISABILITIES ADVISORY BOARD, TO ADD A SIXTH MEMBER TO THE BOARD AS A STUDENT YOUTH REPRESENTATIVE FROM THE STAR PROGRAM; PROVIDING FOR A ONE-YEAR TERM; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING WITH THE DELETION OF THE PROVISION RESTRICTING THE STAR YOUTH MEMBER FROM REAPPOINTMENT TO THE BOARD FOR A SECOND TERM (AGENDA ITEM IV-A-3(a)) AND NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4353, AMENDING THE SARASOTA CITY CODE (1986), CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS, COMMISSIONS AND COMMITTEES, DIVISION 7, PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD, TO ADD AN EIGHTH MEMBER TO THE BOARD AS A STUDENT YOUTH REPRESENTATIVE PARTICIPATING IN THE STAR PROGRAM; PROVIDING FOR A ONE-YEAR TERM; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING WITH THE DELETION OF THE PROVISION RESTRICTING THE STAR YOUTH MEMBER FROM REAPPOINTMENT TO THE BOARD FOR A SECOND TERM (AGENDA ITEM IV-A-3(b)) BOOK 51 Page 02/19/02 6:00 P.M. 22711 AND NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4354, AMENDING THE SARASOTA CITY CODE (1986), CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS, COMMISSIONS AND COMMITTEES, DIVISION 3, THE VAN WEZEL PERFORMING ARTS HALL ADVISORY BOARD, TO ADD A STUDENT YOUTH REPRESENTATIVE FROM THE STAR PROGRAM AS A BOARD MEMBER; PROVIDING FOR A ONE-YEAR TERM; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING WITH THE DELETION OF THE PROVISION RESTRICTING THE STAR YOUTH MEMBER FROM REAPPOINTMENT TO THE BOARD FOR A SECOND TERM (AGENDA ITEM IV-A-3(c)) #1 (1687) through (1931) CD 6:46 through 6:52 City Attorney Taylor stated that proposed Ordinance Nos. 02-4352, 02-4353, and 02-4354 provide for the appointment of a STAR youth member to the Citizens with Disabilities Advisory Board, the Parks, Recreation and Environmental Protection Advisory Board (Parks Board), and the Van Wezel Performing Arts Hall (VWPAH) Board; that the ordinances implement the request of the Community Youth Development Project (CYD) and the Commission at the January 22, 2001, Regular Commission meeting; that each ordinance has a consecutive term limitation which will be changed for second reading to reflect the provision change to a limitation of three one-year terms as will be incorporated in proposed Ordinance No. 02-4367. Commissioner Palmer asked the reason the Public Art Committee (PAC) is not included with the ordinances for the other boards? City Attorney Taylor stated that the PAC regulations are provided for in the Sarasota City Code (1986 as amended) (City Code), which contains a series of out-dated provisions, as well as the Zoning Code (1998 ed.); that an ordinance to remove the conflicting provision concerning the PAC from the City Code is the subject of a public hearing at the current meeting; that the Zoning Code (1998 ed.) will require an amendment, which will require review by the Development Review Committee (DRC) and the Planning Board/Local Planning Agency (PBLP). Mayor Mason opened the public hearing and the following person came before the Commission: BOOK 51 Page 22712 02/19/02 6:00 P.M. Mary Ciner, 1714 Waldemere Street (34239), representing the Citizens with Disabilities Advisory Board (CDBA), stated that the opportunity to speak is appreciated; that the CDBA approved the concept of a STAR youth member which is also personally supported; that a disabled STAR youth member would be preferred by the CDBA; that a disabled student would provide a youth perspective regarding accessibility for youth in the City. There was no one else signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4352 by title only. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4352 on first reading with the deletion of the provision restricting the STAR youth member from reappointment for a second term. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Servian, yes Martin, yes; Mason, yes; Palmer, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4353 by title only. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4353 on first reading with the deletion of the provision restricting the STAR youth member from reappointment for a second term. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes; Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4354 by title only. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 02-4354 on first reading with the deletion of the provision restricting the STAR youth member from reappointment to the board for a second term. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4365, AMENDING THE SARASOTA CITY CODE (1986), BOOK 51 Page 02/19/02 6:00 P.M. 22713 CHAPTER 2, ADMINISTRATION, ARTICLE VII, PUBLIC ART PROGRAM TO DELETE ALL PROVISIONS OF CHAPTER 2 PERTAINING TO THE PUBLIC ART PROGRAM; MAKING FINDINGS AS TO THE DUPLICATION OF REGULATIONS PERTAINING TO THE PUBLIC ART PROGRAM, INCLUDING THE ESTABLISHMENT OF A PUBLIC ART COMMITTEE SINCE THE SAME ARE CONTAINED IN THE ZONING CODE OF THE CITY OF SARASOTA (1998 EDITION) AS WELL AS CHAPTER 2; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) – PASSED ON FIRST READING (AGENDA ITEM IV-A-4) #1 (1931) through (2162) CD 6:52 through 6:57 City Attorney Taylor stated that proposed Ordinance No. 02-4365 repeals Chapter 2, Article VII, Public Art Committee, Sarasota City Code (1986 as amended) (City Code), which is a duplicate of the provision of the Zoning Code (1998 ed.); that the Zoning Code (1998 ed.) has the most recent information and detail concerning the Public Art Committee (PAC); that provisions concerning the PAC were made in the Zoning Code (1998 ed.) and have been in effect since after the City Code provisions were instituted; that Chapter 2 of the City Code is outdated compared to the Zoning Code (1998 ed.); that the inclusion of advisory board information in the Zoning Code (1998 ed.) is unusual; however, the provision for the duties of the Commission, the City Auditor and Clerk, the City Manager, the Board of Adjustment, and the Planning Board/Local Planning Agency (PBLP) are also included in the Zoning Code (1998 ed.); that the PAC is the one other advisory board engaging in activities which are part of the City’s development review process; that the outdated provision of the City Code will be removed upon adoption of proposed Ordinance No. 02-4365. Commissioner Palmer asked the length of time the Development Review Committee (DRC) and PBLP process will take before an ordinance regarding the placement of STAR youth members on the PAC is brought before the Commission? City Attorney Taylor stated that the process may take approximately two months. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4365 by title only. BOOK 51 Page 22714 02/19/02 6:00 P.M. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 02-4365 on first reading. Commissioner Palmer stated that the Administration is requested to present recommendations regarding advisory boards at a scheduled Workshop regarding the subject. Commissioner Martin asked if a reminder memorandum concerning the necessity to address the duplicate provision of the City Code and the Zoning Code (1998 ed.) can be distributed to the Commission for consideration during the Workshop concerning advisory boards? City Attorney Taylor stated yes. Mayor Mason called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Servian, yes; Martin, yes. 12. CITIZENS’ INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) #1 (2216) through (2566) CD 6:59 through 7:06 The following people came before the Commission: Brenda Cox, 2128 Alpine Avenue (34239), and Whelma Thompson, 1825 Colleen Street (34231), representing the Spiritual Assembly of the Baha’i of Sarasota County North. Ms. Thompson distributed a booklet entitled the Promise of World Peace to the Peoples of the World and a statement entitled The Destiny of America and the Promise of World Peace. Ms. Cox stated that bringing to the attention of the Commission the enclosed statement of the Destiny of America which was published in a full page ad in the New York Times on December 23, 2001, is an honor; that The Destiny of America statement is of sufficient universal importance for recognition and consideration by all government agencies and officials; that The Promise of World Peace is a statement from the Universal House of Justice at the world administrative center of the Baha’i Faith in Israel; that the Commission’s best consideration is requested. BOOK 51 Page 02/19/02 6:00 P.M. 22715 Rita Roehr, 3740 Glen Oaks Manor Drive (34232), stated that proposed “Strong-Mayor” form of government referendum is a play for power, is a very serious issue, and the should be taken seriously by the public; that the “Strong-Mayor” form of government is a usurping of City government by women and men who do not wish to play by majority rule; that the persons proposing the “Strong-Mayor” form of government should elect a representative to the current Commission-Manager form of government; that the proponents of the “Strong-Mayor” form of government did not develop the proposed new City Charter in accordance with Florida’s Government-in-the-Sunshine Law (Sunshine Law); that no public input was sought; that the agenda of the proponents of the “Strong-Mayor” form of government cannot pass the light of Florida’s Sunshine Law. Elmer Berkel, 2710 Bruce Lane (34237), stated that the adoption of proposed Resolution No. 02R-1478 opposing a change in the current Commission-Manager form of government to a “Strong-Mayor” form of government is pleasing; that the Commission-Manager form of government is personally supported; that the Commissioner-Manager form of government is the best manner by which to run a city of the size of Sarasota; that the proponents of the “Strong-Mayor” form of government cite various difficulties in the current Commissioner-Manager form of government; that the referendum for the “Strong-Mayor” form of government is a serious matter; that the public does not know the full impact of the referendum for the “Strong-Mayor” form of government; that the public perceives no change in the government will occur with the passing of the referendum for a “Strong-Mayor” form of government; that negative comments regarding the Commission-Manager form of government have been heard; however, the City is frequently receiving accolades from different national magazine publications; that the proponents of the referendum for the “Strong-Mayor” form of government are supposedly individuals from the business community. Mr. Berkel referred to an article in the February 18, 2002, Sarasota Herald-Tribune and stated that Business Development Outlook Magazine selected the City as one of the 25 “Choice Cities” in the nation as a location for growing companies; that business persons across the nation recognize the potential growth of the City; that information to the Commission’s constituents regarding the future impact of the referendum for the “Strong-Mayor” form of government is requested. BOOK 51 Page 22716 02/19/02 6:00 P.M. Mayor Mason stated that at its February 4, 2002, Regular meeting, the Commission voted unanimously to approve an informational sheet regarding the differences between the Commission-Manager and the “Strong-Mayor” forms of government; that informational sheet will be mailed to the public during the last week of February 2002. Commissioner Servian stated that a town meeting with three representatives from the proponents of both the referendum for the “Strong-Mayor” form of government and the current Commissioner-Manager form of government will be available to answer questions on February 28, 2002, at the Selby Gardens Community Room; that the February 28, 2002, meeting will be moderated; that the public is encouraged to attend. Commissioner Palmer stated that the Commission unanimously adopted Resolution No. 02R-1478 opposing a change from the Commission-Manager form of government to the “Strong-Mayor” form of government which the Coalition for Sarasota’s Future is proposing; that the Commission is strongly opposed to the “Strong-Mayor” form of government. 13. UNFINISHED BUSINESS: REPORT RE: STATUS OF GIFTS FROM GOD LEASE AGREEMENT FOR THE USE OF THE ±.9 ACRE PARCEL ON ORANGE AVENUE - AUTHORIZED THE ADMINISTRATION TO PREPARE A LEASE AGREEMENT (AGENDA ITEM VII-1) #1 (2567) through #2 (0110) CD 7:05 through 7:30 V. Peter Schneider, Deputy City Manager, came before the Commission and stated at its January 7, 2002, Regular meeting, the Commission directed the Administration to meet with representatives of the Gifts from God of Sarasota, Inc. (Gifts from God) to identify a site for the delivery of the Gifts from God community outreach program; that Staff met with representatives from Gifts from God to identify potential sites on the Public Works/Utility complex for the community outreach program; that the Public Works/Utility complex is near the tenth Street and Orange Avenue site discussed at the January 7, 2002, Regular Commission meeting; that none of the three sites at the Public Works/Utility complex worked for the City or Gifts from God; that discussion turned to an approximately ±.9-acre parcel on the Waterworks Building site which fronts Orange Avenue and is bounded on the west and south by railroad tracks and which was mutually agreeable to both parties; that the site is isolated by the railroad tracks from the rest of the Waterworks BOOK 51 Page 02/19/02 6:00 P.M. 22717 Building site; that the use of the parcel by Gifts from God and other outreach programs would not affect the usability of the Waterworks Building site for a redeveloped use; that the .9-acre parcel on the Waterworks Building site is recommended by Staff. Commissioner Palmer asked if the Administration recommends restrictions on the use of parks if the activities of Gifts from God are moved from Gillespie Park to the ±.9-acre parcel on the Waterworks Building site and are made available for similar uses? Mr. Schneider stated that initial discussion was based on the concerns regarding the use of Gillespie Park for community outreach programs; that the City would be able to pass an ordinance to prohibit the provision of social service and community outreach programs from City parks if the City provides an alternate site for the activities; that the creation of an ordinance prohibiting the use of City parks for community outreach programs may be added as a secondary provision to the land lease of the ±.9-acre parcel on the Waterworks Building site. Vice Mayor Quillin stated that prohibiting the use of City parks for community outreach programs may result in a civil challenge; that the City should proceed with caution in restricting use of public lands; that placing restrictions on public land is not supported. Commissioner Martin asked which groups the ±.9-acre parcel on the Waterworks Building site could serve. Mr. Schneider stated that initial discussion regarding the use of land for community outreach programs concerned identifying a site which would be accessible for programs similar to Gifts from God; that the details of the use of other community outreach programs on the ±.9-acre parcel on the Waterworks Building site will be addressed in the lease agreement; that the site is not intended for the exclusive use of Gifts from God but would be open for other community outreach programs. Commissioner Martin asked who would be the lessee? Mr. Schneider stated that the lease agreement would be with Gifts from God; that language would be incorporated in the lease BOOK 51 Page 22718 02/19/02 6:00 P.M. agreement allowing other groups to use the facility on the proposed ±.9-acre parcel on the Waterworks Building site. Commissioner Martin asked if the facility would be used under the auspices of Gifts from God? Mr. Schneider stated yes. Wayne DeLair, 1937 8th Street (34236), representative of the Gillespie Park Neighborhood Association, and Michael Butterfield, 369 Dolphin Shores Circle, Nokomis (34275), representing the Gifts from God of Sarasota, Inc., came before the Commission. Mr. DeLair stated that associating the lease agreement for the ±.9-acre parcel to an ordinance prohibiting the use of City parks by community outreach programs is not pleasing; that challenges to such a provision have been successful; that an ordinance to prohibit the use of City parks for community outreach programs should not be tied to the lease agreement for the use of property by Gifts from God; that the Commission’s commitment to the community is appreciated; that the Commission’s support of Gifts from God is also appreciated. Mr. Butterfield stated that the diligence of Staff in locating a site for the community outreach program of the Gifts from God Ministry is commendable; that Gifts from God will establish a well-run facility on the property leased from the City; that Gifts from God will welcome the use of the facility by similar community outreach programs; that Gifts from God will lease and manage the property; however, the facility will be made available to similar outreach programs; that the All Faiths Food Bank after-school lunch program for at-risk children is excited about the prospect of utilizing the proposed facility; that community outreach programs are urged to contact Gifts from God for the facility’s use. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to authorize the Administration to prepare a lease agreement with Gifts from God Ministry for the use of the approximately ±.9-acre parcel at the Waterworks Building site on Orange Avenue. Commissioner Servian stated that procuring land for the use of Gifts from God is pleasing; that Staff’s quick response in finding a suitable site is commendable; that the lease agreement BOOK 51 Page 02/19/02 6:00 P.M. 22719 with Gifts from God should not be tied to the restriction of use of City parks by community outreach programs. Commissioner Martin stated that the work of Gifts from God is impressive; that concerns regarding a negative influence on the neighborhood by the participants of the community outreach program offered by Gifts from God has been expressed; that the requirement of a code of behavior for the participants should be well understood; that the parameters to the lease agreement will be established. Vice Mayor Quillin stated that a partnership between Gifts from God and other area community outreach programs would have been preferred; that Gifts from God originates in Osprey, Florida; that Gifts from God is an organization based in the County which became established in the City; that the City decided the importance of housing the organization; that providing land for use by a community outreach program is not the City’s responsibility; that the exercise of due diligence of Gifts from God is not known; that due diligence should be provided by Gifts from God prior to issuing a lease agreement; that the Sarasota Housing Authority (SHA) has an unimproved park with trees on North Orange Avenue which could be enhanced by Gifts from God; that the ±.9-acre parcel on the Waterworks Building site is not an appropriate location. Vice Mayor Quillin continued that ten years has been personally spent on redevelopment in the area; that the property owner adjacent to the Waterworks Building site approached the City to purchase the land for redevelopment; that redevelopment would provide housing adjacent to the Waterworks Building site; that the best interests of the taxpayers are not being served with the lease agreement; that the area adjacent to the Waterworks Building site is in the infancy of redevelopment; that individuals are taking interest in improving the area; that the motion is not supported; that due diligence in the lease agreement is requested to protect the taxpayers; that the SHA property should be reconsidered for use by Gifts from God. Commissioner Servian stated that the lease agreement should require Gifts from God to show due diligence. Vice Mayor Quillin stated that the City should request due diligence prior to entering into a lease agreement. BOOK 51 Page 22720 02/19/02 6:00 P.M. Mr. Schneider stated that due diligence will be investigated before a lease agreement is prepared; however, the lease agreement will include protective provisions for the City. City Manager McNees stated that the hours of operation, conditions of the site, and leverage regarding the maintenance of the site will be considered in the lease agreement. Commissioner Palmer stated that a location for Gifts from God was identified by the City due to the length of time and the length of hours Gillespie Park is utilized by Gifts from God; that considerable activity is occurring in Gillespie Park; that the City is providing land for community outreach programs sponsored by various agencies so the use of City parks for the community outreach programs can be restricted; that providing a location for community outreach programs is supported; however, the City must pass legislation to prevent similar situations to that in Gillespie Park from occurring; that a similar situation may occur with another group utilizing a City park for an community outreach program; that City parks are for the use of all citizens; that community outreach programs are supported but not at the expense of the public’s use of the City park instead of a particular group on a particular day; that the motion is not supported unless a provision restricting other community outreach programs from utilizing City parks is incorporated. Mayor Mason stated that approval of the ±.9-acre parcel should not be tied to restricting City parks for community outreach programs; that providing the ±.9-acre parcel for use by Gifts from God is supported. Mayor Mason called for a vote on the motion to authorize the Administration to prepare a lease agreement with Gifts from God Ministry for the use of the approximately ±.9-acre parcel at the Waterworks Building site on Orange Avenue. Motion carried (3 to 2): Martin, yes; Palmer, no; Quillin, no; Servian, yes; Mason, yes. Commissioner Palmer stated that providing the ±.9-acre parcel at the Waterworks Building site for use by the Gifts of God is supported; however, the lack of restriction for the use of the community outreach programs in City parks is the reason for the opposing vote. BOOK 51 Page 02/19/02 6:00 P.M. 22721 14. UNFINISHED BUSINESS: APPROVAL RE: CONCEPT PLAN FOR THE ALLEN PLAY AREA – APPROVED (AGENDA ITEM VII-2) #2 (0110) through (0486) CD 7:30 through 7:41 Duane Mountain, Public Works Capital Projects Manager, and David Johnston, Landscape Architect, David W. Johnston Associates, Inc. (DWJA), came before the Commission. Mr. Mountain stated that the Commission at its November 19, 2002, Regular meeting accepted a bequest from the Harry Allen estate in the amount of $250,000 to construct a children’s playground adjacent to the Steigerwalt-Jockey Children’s Fountain (Children’s Fountain) at Bayfront Park; that the Commission referred the matter to the Parks, Recreation and Environmental Protection Advisory Board (Parks Board) to return to the Commission with a preliminary design; that the proposed Allen Play Area has been designed as unobtrusively as possible in keeping with the overall appearance of the park and will be sited within the existing tree canopy at the entrance to the Children’s Fountain; that the vertical elements of the play structures will be constructed with colors which blend into the existing landscape; that structures will be selected to meet the needs and interests of children from age three to approximately age 12; that the entire play area is 100 percent handicap accessible; that one section of the Allen Play Area will have interactive elements specifically selected to challenge handicap individuals; that the concept plan has been presented to the Citizens with Disabilities Advisory Board and the Parks Board; that both boards voted unanimously to support the project. Mr. Johnston referred to drawings displayed on the Chamber monitors indicating the concept plan for the Allen Play Area and stated that the Allen Play Area is divided into a number of areas to encourage use by a variety of age groups; that a picnic area is provided for supervision of the children; that a bench- style retaining wall is provided for containment of small children; that heavy accent is placed on the handicap accessibility of the Allen Play Area; that the play areas for the younger children will be secluded to prevent being underfoot of the older children; that unique play structure designs have been requested from manufacturers; that color on the ground is in exciting, vibrant tones for the stimulation of the children; however, subdued tones for the play equipment is proposed for a vertically aesthetic appearance which blends with the existing BOOK 51 Page 22722 02/19/02 6:00 P.M. landscape of the park; that preservation of existing trees will occur. Commissioner Martin stated that the concept of subdued tones for the play equipment is pleasing and supported; that pressure-treated lumber should not be utilized in the play equipment due to the recent concern of arsenic in the wood; and asked if fencing is planned for the Allen Play Area? Mr. Johnston stated no; that the Commission will be consulted if fencing is deemed a necessity; that the seating benches and perimeter wall should act as a containment for younger children. Commissioner Martin stated that the Children’s Fountain required fencing due to the intrusion of dogs; that hopefully, the Allen Play Area will not require fencing; that fencing would not blend in with the surrounding area; that the concept plan for the Allen Play area is pleasing. Commissioner Servian asked if a cost estimate can be provided? Mr. Johnston stated that a detailed cost estimate has not been calculated; however, a pleasing playground can be provided in the budget afforded by the bequest based on the cost of play equipment and the condition of the proposed site area. Commissioner Servian stated that fencing is not pleasing; that the Allen Play Area should be as unobtrusive as possible. Vice Mayor Quillin stated that the play area and equipment at the Gulfcoast Wonder & Imagination Zone (G.WIZ) should be reviewed; that G.WIZ provides play equipment which stimulates all the senses; and asked if the proposed attendant for the Allen Play Area is located at the pump house? Mr. Johnston stated yes; that the same attendant could oversee both the Allen Play Area and the Children’s Fountain. Vice Mayor Quillin stated that the land in the area proposed for the Allen Play Area is sloping; and asked if landfill or natural grade will be utilized? Mr. Johnston stated that utilizing some landfill has been discussed; that approximately 2.5 feet of landfill would be utilized if required; that the surface of the play area would be a concrete slab with a rubberized protective coating to allow BOOK 51 Page 02/19/02 6:00 P.M. 22723 accessibility to all the equipment in accordance with the Americans with Disabilities Act (ADA). Vice Mayor Quillin stated that a tile surface would be required for drainage. Mr. Johnston stated that positive drainage will occur due to the sloping of the surface. Vice Mayor Quillin asked if consultation or a permit from the Southwest Florida Water Management District (SWFWMD) is required? Mr. Johnston stated that the Allen Play Area has a small impact area; that stormwater should not be a concern; that stormwater impact will be reviewed while creating the construction documents. Vice Mayor Quillin stated that more swings should be provided in the Allen Play Area. Commissioner Servian stated that additional trash receptacles must be provided. Mr. Johnston concurred. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to approve the concept plan for the Allen Play Area in Bayfront Park. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 15. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4361, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 634 GILLESPIE AVENUE, HISTORICALLY KNOWN AS THE LEWINSON HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) – PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #2 (0486) through (0722) CD 7:41 through 7:48 Mayor Mason requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor BOOK 51 Page 22724 02/19/02 6:00 P.M. stated that the requirements of quasi-judicial public hearings were defined by the courts; that during 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 the recommendation is to allow seven minutes for the Applicant's presentation and three minutes for rebuttal; that the City will have five minutes for presentation and three 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; however, no one has filed for certification as an Affected Person; that other interested persons will have five minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination; that Historic Designation Application No. 02-HD-01 as incorporated in proposed Ordinance No. 01-4361 is for historic designation of a single-family residence with an attached garage at 634 Gillespie Avenue, historically known as the Lewinson House. Mayor Mason stated that hearing the Commission’s agreement, the time limits are approved. City Attorney Taylor requested that Commissioner ex parte communications, if any, be disclosed. Mayor Mason, Vice Mayor Quillin, and Commissioners Martin, Palmer, and Servian stated that no ex parte communications have occurred. Mayor Mason opened the public hearing and requested that the Applicant come forward. Mikki Hartig, Historical and Architectural Research Services, came before the Commission, referred to displayed slides of the house located at 634 Gillespie Avenue, historically known as the Lewinson House, and stated that Historic Designation Application No. 02-HD-01 is for historical designation of a single-family home at 634 Gillespie Avenue which has been owned by Eugene Burrell since 1998; that the house is a one-story, Spanish, eclectic-style bungalow and is well-preserved; that considerable restoration was com