BOOK 46 Page 18793 11/01/99 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 1, 1999, AT 6:00 P.M. PRESENT: : Mayor Mollie C. Cardamone, Vice Mayor Gene M. Pillot, Commissioners Albert F. Hogle, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Cardamone The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: RECEIPT OF DONATION FROM GILBERT WATERS IN THE AMOUNT OF $200,000 FOR IMPROVEMENTS AND UPGRADES TO THE APPROACHES TO THE NEW RINGLING CAUSEWAY BRIDGE #1 (0030) through (0150) Mayor Cardamone requested that Mr. and Mrs. Gilbert Waters come forward. Mr. and Mrs. Waters came before the Commission and presented a check for $200,000 for improvements and upgrades to the approaches to the new Ringling Causeway Bridge. Mr. Waters stated that the hope is the City will use the funds to enhance the approaches to the new 65-foot, fixed-span Ringling Causeway Bridge; that the suggestion is to use approximately $50,000 to upgrade landscaping and buffering on the south side of the Bird Key approach to the Bridge, $50,000 for upgrading Bird Key Park which was created in 1965 during his tenure on the Commission, and $100,000 to upgrade and expand the utilization of Hart's Landing which will be enlarged and enhanced as a result of construction of the Bridge; that the funds could be set aside to draw interest until required sO more funds will be available. Mayor Cardamone stated that the donation is appreciated. 2. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR OCTOBER 1999, JAMES PINKNEY, SUPERVISOR, SOLID WASTE OPERATIONS, PUBLIC WORKS #1 (0150) through (0295) William Hallisey, Director of Public Works, came before the Commission and requested that James Pinkney, Supervisor, Solid Waste Operations, Public Works, come forward. Mr. Hallisey stated that Mr. Pinkney has been employed with the City for 25 years, beginning his career as a temporary laborer and advancing to higher level positions; that Mr. Pinkney's success is the result of high work ethics and leadership abilities; that the Solid Waste Division of Public Works is an $8 million operation, operating six days a week, 12 hours a day with over 20 assigned employees; that the Solid Waste Division has flourished since the appointment of Mr. Pinkney as supervisor approximately three years ago; that Mr. Pinkney leads by example and has gained the respect of subordinates and supervisors; that Mr. Pinkney is a senior Deacon in his church, was a member of the National Guard for over 20 years and in active service in Vietnam for 2 years; that Mr. Pinkney has two children and nine grandchildren; that appreciation is extended for a job well done. Mayor Cardamone presented Mr. Pinkney with a City-logo watch, a plaque, and a certificate as the October Employee of the Month in appreciation of his unique performance with the City of Sarasota, stated that Mr. Pinkney regularly deals with employees and customers of the City, and congratulated him for his outstanding efforts. Mr. Pinkney thanked the Commission and introduced his wife, Johniemae, to whom he has been married for 25 years and who was present in the audience. 3. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETINGS OF OCTOBER 4, 1999, AND OCTOBER 18, 1999 = APPROVED (AGENDA ITEM NO. I-1) #1 (0295) through (0345) On motion of Commissioner Hogle second of Commissioner Quillin, it was moved to approve the minutes of the October 4, 1999, Regular Commission meeting. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. BOOK 46 Page 18794 11/01/99 6:00 P.M. BOOK 46 Page 18795 11/01/99 6:00 P.M. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to approve the minutes of the October 18, 1999, Regular Commission meetings. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 4. REPORT RE: ADVANCE PARTIAL PLANNING/LOCAL PLANNING AGENCY'S REGULAR MEETING OF OCTOBER 6, 1999 SET APPLICATION NO. 99-ZTA-11 (A) FOR PUBLIC HEARING AND CONSIDER THE INCLUSION OF THE IB/SSA AS SOON AS PRACTICABLE; RECEIVED REPORT (AGENDA ITEM NO. I-2) #1 (0345) through (0495) Robert Kantor, M.D., Chairman of the Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of Planning and Development, came before the Commission. Dr. Kantor presented the following item from the October 6, 1999, Regular PBLP meeting: A. Application No. 99-ZTA-11 (A) Impervious Surface Overlay District (ISOD) Dr. Kantor stated that Application No. 99-ZTA-11 (A) is for zoning text amendments to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, as follows: A new Section VI-3107, Impervious Surface Overlay District is created in Article VI, Zone Districts, Division 31, Special Public interest Overlay Districts Article II, Definitions and Rules of Construction, Division 2, Definitions Article V, Vested Rights and Nonconformities, Division 1, Nonconformities, Section V-104, Nonconforming Characteristics of Uses and Section V-103, Noncontorming Structures, E, 2 to address noncontorming impervious surfaces and noncontorming structures Dr. Kantor continued that at its October 6, 1999, meeting, the PBLP voted unanimously to find Application No. 99-ZTA-11 (A) consistent with the City's Comprehensive Plan and the Standards for Review set forth in Section IV-1206, Zoning Code (1998), and to recommend Commission approval; that the PBLP also voted unanimously to include the Indian Beach/Sapphire Shores (IB/SSA) area in the proposed Zoning Code Amendment. B. Application No. 99-ZTA-11 (B) Maximum Impervious Surface Lot Coverage Dr. Kantor stated that Application No. 99-ZTA-11 (B) is for zoning text amendments to the City's Comprehensive Plan as follows: A new Subparagraph (c) is created in Article VI, Zone Districts; Division 2, RSF Single Family Residential, Section VI-203, Development Standards Article II, Definitions and Rules of Construction, Division 2, Detinitions Article V, Vested Rights and Nonconformities, Division 1, Nonconformities, Section V-104, Nonconforming Characteristics of Uses and Section V-103, Noncontorming Structures, E, 2, to address nonconforming impervious surfaces and nonconforming structures Dr. Kantor continued that at its October 6, 1999, meeting, the PBLP voted unanimously to table Application No. 99-ZTA-11(B) pending adoption of Application No. 99-ZTA-11 (A). Vice Mayor Pillot asked if the Impervious Surface Overlay District (ISOD) and the addition of the IB/SSA area can be considered at the same public hearing? City Attorney Taylor stated that the advertising is site specific and does not include the IB/SSA area; that the Commission can adopt the ISOD as originally proposed if desired; however, a second public hearing would be required to include the IB/SSA area; that alternatively, the ISOD could be held until such time as the advertising can be accomplished for the inclusion of the IB/SSA area; that the current advertising is not sufficient to allow the inclusion of the IB/SSA area; that delaying consideration of Application No. 99-ZTA-11 (A) would be required if the Commission wishes to consider inclusion of the IB/SSA area at the same time; that an option is to proceed with Application No. 99-ZTA-11 (A) and consider inclusion of the IB/SSA area as an amendment at a later time. BOOK 46 Page 18796 11/01/99 6:00 P.M. BOOK 46 Page 18797 11/01/99 6:00 P.M. Mayor Cardamone stated that the ISOD has been under consideration for several years; that proceeding with consideration of Application No. 99-ZTA-11 (A) is preferred. Commissioner Hogle agreed. On motion of Commissioner Hogle and Commissioner Mason, it was moved to proceed with Application No. 99-ZTA-11 (A) and consider the inclusion of the IB/SSA as soon as practicable. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yesi Pillot, yes; Quillin, yes; Cardamone, yes. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to receive the report of the October 6, 1999, PBLP meeting. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 5. REPORT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION BOARD'S REGULAR MEETING OF OCTOBER 21, 1999 = AUTHORIZED THE CITY MANAGER TO TRANSMIT TO THE COUNTY ADMINISTRATOR THAT THE COMMISSION AGREES TO INCLUDE THE SKATEBOARD PARK IN THE PAYNE PARK MASTER PLAN; RECEIVED REPORT (AGENDA ITEM NO. II-2) #1 (0496) through (1615) Kenneth McMillen, Chairman of the Parks, Recreation, and Environmental Protection Advisory Board, and Duane Mountain, Deputy Director of Public Works, came before the Commission. Mr. McMillen stated that at its October 21, 1999, meeting, the Parks, Recreation and Environmental Protection Advisory Board (Parks Board) voted to include a new skateboard park in the Payne Park Master Plan; that numerous meetings were held; that most people favored the proposed location at Payne Park; that a very generous donation is being made for the skateboard park. Commissioner Quillin stated that a Board member who is also a member of the Alta Vista Neighborhood Association did not vote to approve the skateboard park at the October 21, 1999, Parks Board meeting; that other people in the community would also like the skateboard park in a location other than Payne Park; that the location of the skateboard park has not been brought to the public for an open discussion. On motion of Commissioner Quillin, it was moved to schedule another meeting for the public to discuss the location of the skateboard park at Payne Park or alternatively to display the site plan for Payne Park in the City Hall lobby to give the public the opportunity to review and provide input regarding the location of the skateboard park. Motion died for lack of a second. Commissioner Quillin stated that the attendance of the general public at the meetings at which the skateboard park was discussed has been reviewed and was low. Mr. McMillen stated that a meeting was held approximately six to eight months ago in the Sarasota Mobile Home Park (SMHP) auditorium and was well attended; that many neighbors were in attendance; that information concerning the skateboard park was well received. Commissioner Quillin stated that the majority of the people attending the meeting were residents of the SMHP; that the SMHP residents were very concerned and requested a meeting be held with the neighbors. Mayor Cardamone stated that the Parks Board voted 5 to 1 to include the skateboard park in the Payne Park Master Plan; that the Board has not seen the Payne Park Master Plan in the present form; and asked if other opportunities will be available to review the Payne Park Master Plan? Mr. Mountain stated that a meeting with Staff of the County Department of Parks and Recreation was held; that input was provided concerning the Payne Park Master Plan, which is being revised based on the input; that a December 6, 1999, Commission workshop is scheduled to discuss the Payne Park Master Plan; that after the December 6, 1999, Commission workshop, the Payne Park Master Plan will be returned to the Parks Board for review; that public input will be received by the Parks Board; that public input will also be received by the Commission during the final approval process for the Payne Park Master Plan. Mayor Cardamone stated that a request was received from the Chairman of the Sarasota Board of County Commissioners (BCC) to advise as to the City's desires for a location for the skateboard park; that a response to the BCC for the location of the skateboard park was requested by the middle of November 1999. BOOK 46 Page 18798 11/01/99 6:00 P.M. BOOK 46 Page 18799 11/01/99 6:00 P.M. Vice Mayor Pillot stated that enough analysis is not available as to possible alternate sites to make a decision; that undoubtedly, construction of the skateboard park at the earliest possible time will be supported; however, selecting the proposed site at this time is not supported. Commissioner Hogle stated that the best location for the skateboard park is not known; however, discussions with Staff of the County Department of Parks and Recreation, City Staff and the Parks Board regarding the location of skateboard park have occurred; that a downtown location is being studied sO youth are not using Main Street, arcades of banks, entrances or doctors' offices as sites for skateboarding; that a skateboard park at which youth can arrive and depart safely is desired; that the skateboard park should be available to bus lines; that having the skateboard park at an unknown location in a barren area is not desirable; that one reason City Staff agreed to Payne Park was the proximity to the Police Department, which will result in extra public safety at no extra cost; that some residents are not happy with the proposed location; that new recommendations for a better location may be identified; however, a better location than Payne Park has not yet been found; that the recommendation is to move forward with Payne Park as the location unless a better location is found. Commissioner Mason concurred with Commissioner Quillin and Vice Mayor Pillot. Commissioner Quillin stated that other locations brought to Staff's attention have not been fully reviewed; that Staff indicated the site near the Bobby Jones Golf Course (BJGC) is not large enough for a skateboard park; however, Vice Mayor Pillot measured the site on a diagram and indicated the site is three times the size required; that the site is near a bus line, is an excellent location for a skateboard park, and should be reviewed as a skateboard park is a long-term investment; that Payne Park is not appropriate for a skateboard park. Mayor Cardamone stated that Staff was requested to consider the site at 12th Street with the motor cross track, ballpark and surrounding area; however, the 12th Street site was determined not to have adequate space; that the BCC is interested in knowing if the skateboard park should be included in the Payne Park Master Plan; that including the skateboard park in the Payne Park Master Plan is not of personal concern; that the critical and expensive problems of developing the 17th Street location near BJGC were discussed at the Parks Board's October 21, 1999, meeting; and requested comment from Staff concerning the site problems. Mr. Mountain stated that some problems exist with the 17th Street site; however, all the problems could be overcome with sufficient funds if desired; that Staff's conclusion is the site will be very expensive to develop; that the site is heavily overgrown and wooded; that walking through the site is difficult; that the BJGC Manager raised operational concerns such as security and lighting; that a professional has not been hired to evaluate the 17th Street site or any other site; that reliance has been placed on input of County Staff; that a large drainage canal divides the 17th Street site; that the cost of constructing a bridge or culvert can be determined; however, other development requirements are unknown due to the heavy overgrowth on the site. Mr. McMillen stated that many citizens of all ages have requested a skateboard park; that the Parks Board considered the options in a timely manner; however, a skateboard park will not be completed for possibly two years; that some citizens who made the original request will not be skateboarding by the time the skateboard park is finished; that the Parks Board believes Payne Park which is located almost midtown is an ideal location. Mayor Cardamone stated that the ideal location for a skateboard park is not known; however, a skateboard park should be built close to the downtown business district if skateboarding is a problem downtown; that the problem will continue if a skateboard park is built away from downtown and the skateboarders do not use the Sarasota County Area Transit (SCAT). Vice Mayor Pillot stated that good young people have approached the Commission concerning a skateboard park; however, the problem of skateboarding at bank plazas and doctors' offices is a significant concern; that a skateboard park should not be built solely to assure skateboarders do not continue to break the law; that the reason skateboarders should not continue to skateboard illegally is citizenship. Mayor Cardamone stated that the steps, statues and bases along City Hall and at the Selby Public Library are totally blackened and chipped from the wheels of the skateboards. Vice Mayor Pillot stated that the destruction is intolerable. BOOK 46 Page 18800 11/01/99 6:00 P.M. BOOK 46 Page 18801 11/01/99 6:00 P.M. Mayor Cardamone agreed; but stated that regulation is difficult; that a skateboard park should be built to motivate young people to skateboard legitimately; that moving the skateboard park away from downtown will not solve the problem of destruction downtown. Commissioner Quillin stated that the property on 12th Street and other land the City owns are possible locations for the skateboard park; that building the skateboard park will not stop people from unlawfully coming downtown and misusing public property; that skateboarders who are caught skateboarding downtown are fined $10; that competitions will be held at the skateboard park creating extra noise, larger crowds and complaints from neighbors who oppose the skateboard park. Commissioner Hogle stated that competitions have not been approved at present; that no neighbors near the proposed site have expressed concern about the competitions; that complaints are from people who live in the City but do not live near the proposed Payne Park site; that the area near the proposed site is comprised of the Police Department, a business district with a bar, church, school, shopping center, construction area, building supply facility and railroad tracks; that the proposed Payne Park site will not interact with the neighbors in a negative manner. Commissioner Quillin stated that residents who live on Wood Street and Pelican Drive will hear the noise from the proposed skateboard park. Mayor Cardamone stated that residents will hear more noise from general park activities than from Skateboarders; that the President of the closest neighborhood association, the Laurel Park Neighborhood Association, spoke in favor of the Payne Park Master Plan. Vice Mayor Pillot stated that at one time, the City intended to confiscate the skateboard of a person misusing public or private property such as a bank plaza; that building a skateboard park is not a concerni however, building a skateboard park solely to assure skateboarders do not violate public and private property is a concern; and asked if the City is currently confiscating skateboards? Edward Whitehead, Captain, Sarasota Police Department, came before the Commission and stated that confiscating skateboards is currently not being done; that offenders are cited; that the confiscation of skateboards was deemed inappropriate by the State Attorney's Office. Commissioner Hogle stated that a friend wishes to donate $100,000 to help further the cause of building a skateboard park; that the donation is to help develop a safe place for youth who act appropriately and wish to pursue Skateboarding as a hobby. Vice Mayor Pillot asked if the City Attorney's Office concurs with the opinion of the State Attorney's Office? City Attorney Taylor stated that the Commission has discussed confiscating skateboards in the past; that a proper due process procedure is not being followed unless an immediate hearing is held at which the property can be reclaimed; that a proper due process procedure could be expensive, time consuming and labor intensive, and was found not the most effective manner of handling the situation. Vice Mayor Pillot stated that the consequences should occur at home. Mayor Cardamone stated that the idea of building a skateboard park was to give youth a proper place to skateboard; that youth stopped at City Hall or downtown for skateboarding want to know where skateboarding is allowed; that a skateboard park should be built so youth have a proper place to skateboard and are not punished without an alternative. Commissioner Hogle stated that the problem of dinghies parked at Bayfront Park was resolved by removing the dinghies and requiring the owner reclaim the dinghy from the City; that the same method could be enforced for Skateboarders who act inappropriately: that police officers could confiscate the skateboard, provide a ticket to the youth, and place the skateboard in the Property Section of the Police Department; that parents could reclaim the skateboard from the Police Department. Mayor Cardamone stated that the idea could work. Mr. McMillen stated that a skateboard park should be developed in the City; that Payne Park is the likely place for the skateboard park; that the idea of developing a skateboard park BOOK 46 Page 18802 11/01/99 6:00 P.M. BOOK 46 Page 18803 11/01/99 6:00 P.M. has been considered for many years; however, a skateboard park is still not built. Commissioner Quillin stated that a skateboard park is not built yet as the people have not been heard; that months have passed since the 17th Street location was discussed for the skateboard park; that no report has been received back regarding the proposed 17th Street site; that the Alta Vista Park Neighborhood Association had meetings, sent out surveys and indicated a skateboard park is not desired in the surrounding area. Commissioner Mason stated that a December 6, 1999, Commission workshop is scheduled to consider the Payne Park Master Plan and asked if a response to the County is required by mid November 1999 or if the County could wait for a response until after the Commission workshop? Mayor Cardamone stated that the County has been lobbied to make the 17th Street property the designated skateboard park; however, the County has been of the opinion the skateboard park would be included in the Payne Park Master Plan; that the County is requesting the City decide the desired location of the skateboard park so planning can begin; that the County will build and either approve the design or alter the design the City presents on the Payne Park property; that numerous skateboarders and parents indicated a desire for developing a skateboard park with easy access as soon as possible; that the Commission has not directed Staff to investigate the 17th Street site; that the 17th Street site is too far away from the locations youth are using for skateboarding; that the County can be told a decision concerning inclusion of a skateboard park in the Payne Park Master Plan is not yet forthcoming. Commissioner Mason asked if a decision can wait until the December 6, 1999, Commission workshop to allow debate on the issue? Mayor Cardamone stated that the County's request was being honored; that consideration of including a skateboard park in the Payne Park Master Plan was taken to the Parks Board. Vice Mayor Pillot stated that selecting a site for the skateboard park at this time was not previously supported; however, excellent input has been received; that the proximity of the Police Station would be a positive influence on a skateboard park located at Payne Park; that the property at 17th Street was of interest and was visited; however, Staff's analysis and the recommendation of the Parks Board is an influence. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to authorize the City Manager to transmit to the County Administrator that the Commission agrees to include the skateboard park in the Payne Park Master Plan. Vice Mayor Pillot stated that data could be received at the December 6, 1999, Commission workshop which may suggest a change in the recommendation which would undoubtedly be accepted by the BCC and County Staff. Commissioner Quillin stated that the motion is inappropriate and premature; that a December 6, 1999, Commission workshop is scheduled to review the Payne Park Master Plan; that hopefully, public hearings will be scheduled to receive public input; that no public input has been seen except for the meeting at the SMHP which was attended primarily by SMHP residents; that the October 11, 1999, letter from the Chairman of the BCC is seeking input but does not include a timeline; that action is not required until aiter the December 6, 1999, Commission workshop, at which time the Commission can review the public input received. Mayor Cardamone called for a vote on the motion to authorize the City Manager to transmit to the County Administrator that the Commission agrees to include the skateboard park in the Payne Park Master Plan. Motion carried (3 to 2): Hogle, yes; Mason, no; Pillot, yes; Quillin, no; Cardamone, yes. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to receive the report of the Parks, Recreation, and Environmental Protection Advisory Board. Commissioner Quillin stated that no written report was received; and asked if the minutes of the October 21, 1999, Parks Board meeting should have been received. Mr. Mountain stated that minutes were not available by the deadline for submitting the Agenda request; that the intention was to provide an oral report only concerning the skateboard park. Mayor Cardamone called for a vote on the motion to receive the report of the Parks, Recreation, and Environmental Protection BOOK 46 Page 18804 11/01/99 6:00 P.M. BOOK 46 Page 18805 11/01/99 6:00 P.M. Advisory Board. Motion carried (3 to 2): Hogle, yes; Mason, no; Pillot, yes, Quillin, noi Cardamone, yes. 6. REPORT RE: GENERAL EMPLOYEES' PENSION FUND BOARD OF TRUSTEES - SET PROPOSED ORDINANCE NOS. 00-4182 AND 00-4183 FOR PUBLIC HEARING (AGENDA ITEM NO. II-3-A) #1 (1615) through (1836) Gary Laubacker, Chairman, and Gibson Mitchell, Treasurer, General Employees' Pension Fund Board of Trustees, came before the Commission. Mr. Laubacker stated that proposed Ordinance No. 00-4182 amends the City's General Employees' Pension Fund by providing for: 1. An increase in the Benefit Accrual Rate to 2.5 for all years of service for all future retirees; and 2. A 3.0 percent Fixed Annual Cost of Living Adjustment (COLA) for all future retirees. Mr. Laubacker referred to the Sarasota General Employees' Pension Fund Impact Statement - October 20, 1999, indicating the following impact of proposed Ordinance 00-4182: impact on employee payroll: 0.12 percent contribution increase to City: 0.00 percent Commissioner Hogle asked if any additional cost is incurred by the City? Mr. Mitchell stated no. Mr. Laubacker continued that proposed Ordinance No. 00-4183 amends the City's General Employees' Pension Fund by: 1. Reallocating the Board seats based on the number of employees serving at the City's various facilities; and 2. Deleting the Social Security Benefit Option. Mr. Laubacker stated that proposed Ordinance No. 00-4183 provides for reallocation of Board seats for employees from the following facilities: Seat One: Public Works Seat Two: Departments Located at City Hall Seat Three: Departments Other Than Seat One or Two Seat Four: At-Large Seat for any plan member with at least five years of service Mr. Laubacker stated that the Social Security Benefit Option is very seldom utilized; that the Board of Trustees requests the Commission set proposed Ordinance Nos. 00-4182 and 00-4183 for public hearing at the November 15, 1999, Regular Commission meeting. Vice Mayor Pillot stated that proposed Ordinance No. 00-4183 will not eliminate the right of an employee to enjoy a Social Security Benefit earned in employment unrelated to the City; that no potential benefit is being eliminated. Mr. Mitchell stated that is correct; that the benefit was intended for individuals retiring prior to eligibility for Social Security Benefit; that an election could be made for a larger monthly retirement benefit until eligibility for Social Security was obtained at which time the monthly retirement benefit would be lowered. City Auditor and Clerk Robinson stated that the Social Security Benefit Option has been in effect for eight years; however, no one has elected the benefit in the past few years. Vice Mayor Pillot stated that no benefit is being taken away. City Auditor and Clerk Robinson stated that is correct. On motion of Vice Mayor Pillot and second of Commissioner Quillin, it was moved to set proposed Ordinance Nos. 00-4182 and 00-4183 for public hearing. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, AND 7 - APPROVED (AGENDA ITEM NO. III-A) #1 (1836) through (1860) 1. Approval Re: Proposed 2000-01 Budget Calendar which requires City Commission involvement. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Consent, Estoppel and Subordination Renewal of Mortgage Agreement between the City of Sarasota, J.H. Floyd Sunshine Manor, Inc. and NationsBank of Florida, N.A. BOOK 46 Page 18806 11/01/99 6:00 P.M. BOOK 46 Page 18807 11/01/99 6:00 P.M. 3. Approval Re: Authorize the City Manager to send a letter terminating negotiations with West End Grill for use of the northern portion of the City-owned Lemon Avenue Mall. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Angie Brewer & Associates, Bradenton, Florida and Summit Professional Services, Inc., Tallahassee, Florida, (R.F.P. #99-78H) for Grant/Loan Procurement and Compliance Assistance Services. 5. 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 Madeline F. Schweigart and John C. Schweigart for property located at 3100 N. Washington Boulevard. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Third Amendment to the Interlocal Agreement between the City of Sarasota and the Board of County Commissioners of Sarasota County for Solid Waste Recycling Grants. 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Hi Hat Ranch/Quit Claim Deed and Release. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 7, inclusive. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1232) - ADOPTED AND ITEM 2 (RESOLUTION NO. O0R-1233) - ADOPTED; (AGENDA ITEM III-B) #1 (1860) through (2514) Commissioner Mason requested that Item No. 1 be removed for discussion. 2. Adoption Re: Proposed Resolution No. OOR-1233 appropriating $29,772 from the Special Law Enforcement Trust Fund (Forfeitures) to provide matching funds toward the 1999 Local Law Enforcement Block Grant; etc. City Auditor and Clerk Robinson read proposed Resolution No. OOR-1233 in its entirety. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to adopt Consent Agenda No. 2, Item No. 2. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes, Quillin, yes. 1. Adoption Re: Proposed Resolution No. O0R-1232, appropriating $55,550 from the Special Law Enforcement Trust Fund (Forfeitures) to fund new Gore-Tex rain jackets, pants, boots and rain hoods for all police personnel required to work outside during inclement weather; etc. Commissioner Mason asked if police officers still receive a clothing allowance? Commissioner Hogle stated that the equipment is for the patrol officers who wear patrol uniforms and do not receive a clothing allowance; that the only police officers receiving a clothing allowance are those working as detectives and officers working in undercover assignments. Commissioner Quillin stated that the State statute concerning the Law Enforcement Trust Fund (LETF) was reviewed and cited Section 932.7055 (4) (c) (1) and (2), Florida Statutes, as follows: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency. Commissioner Quillin stated that the requested $55,550 is for equipment for 275 personnel; that the Police Department had less than 200 sworn personnel at last count; that the LETF is not intended for clothing; that the head of the Court Watch Program which is funded through the Weed and Seed Program indicated funding is no longer available; that the LETF could fund the Court Watch Program and a new Probation Watch Program; that BOOK 46 Page 18808 11/01/99 6:00 P.M. BOOK 46 Page 18809 11/01/99 6:00 P.M. proposed Resolution No. O0R-1232 is a concerni and requested further clarification. City Manager Sollenberger stated that the State statute allows for the use of LETF for purposes as deemed appropriate by the Commission; that the practice has been for the Commission to authorize funding for the acquisition of materials for the Police Department; that for example, the Commission previously authorized an appropriation to acquire less-than-lethal weapons for use by the Police Department; that the City has not included LETF funds in the annual budget, which would be a violation of the statute and an inappropriate use of the funds. Commissioner Hogle stated that the past history in the Police Department has been to fund first-time purchases from the LETF such as converting from 38-caliber to semi-automatic weapons; that subsequent purchases for replacement items are from the General Fund; that the LETF are funds obtained through seizures related to drug dealers; that the City Police Department works in conjunction with the US Drug Enforcement Administration, the US Customs Agency and the Federal Bureau of Investigation (FBI) and may seize $100,000 to $1 million worth of goods from drug dealers; that a percentage of the seizure is returned to the City's LETF; that expenditures from the LETF require the Commission's approval. City Manager Sollenberger stated that conversion from the 38- caliber to the semi-automatic weapon occurred during the first year of his tenure with the City; that the Police Department was concerned about the ability of drug dealers to reload weapons faster than police officers; that approximately $60,000 from the LETF was utilized to equip all police officers with the semi- automatic weapons. Commissioner Quillin stated that replacing weapons is not a concerni that the request is for 275 raincoats; that the purchase of the equipment is not a concern; however, funding the purchase from the LETF is not appropriate; that purchasing bullet-proof vests, which is important to the safety of the police officers on the street fighting drug dealers, would be different; that the State statute has been reviewed; that an oath was taken to uphold the State Constitution upon assuming office; and cited Section 932.7055 (4) (c) (3), Florida Statutes, as follows: 3. any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). . Commissioner Quillin stated that the LETF was created to put confiscated drug money back into the community to make improvements and to assure the various programs continue to operate. Gerard Lacertosa, Lieutenant, and Edward Whitehead, Captain, Sarasota Police Department came before the Commission. Lieutenant Lacertosa stated that various programs are being supported by LETF funds; that proposed Resolution No. O0R-1232 is another initiative; that the Police Department currently utilizes a long raincoat; that police officers have a gun belt with a weapon, handcuffs, radio, etc.; that the long raincoats cover the gun belt, sO the weapon is difficult to reach, and are very uncomfortable and hot in the warm, rainy weather; that the proposed new raingear is made of a breathable material and is comprised of. short jackets with rainpants; that boots which have not previously been issued will be provided; that 275 sets of gear are being purchased for sworn personnel and others who must work in inclement weather during hurricanes or major storms such as mechanics, school crossing guards, and parking enforcement staff plus overage for replacement. Vice Mayor Pillot stated that the health of police officers and other personnel working outside is extremely important; that the difficulty in reaching the radio to call for backup or to assist the public is also a concern; and asked if the legality of the expenditure is a concern? City Attorney Taylor stated no; that the LETF is controlled by the Police Chief who must make the determination as to an appropriate or inappropriate expenditure; that the Commission's role is to appropriate the funds based on the certification of the Police Chief; that the existence of any precedent which may indicate an error is not known; that upon presentation to the Commission, the Police Chief is certifying the expenditure as appropriate under the State statute. BOOK 46 Page 18810 11/01/99 6:00 P.M. BOOK 46 Page 18811 11/01/99 6:00 P.M. Vice Mayor Pillot stated that the State statute appears to suggest the expenditure is legitimate; that the Police Chief will not make a mistake concerning expenditures from the LETF. City Auditor and Clerk Robinson read proposed Resolution No. O0R-1232 in its entirety. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to adopt Consent Agenda No. 2, Item No. 1. Commissioner Mason asked if the possibility of utilizing LETF for the Court Watch Program in the future could be explored? City Manager Sollenberger stated yes. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1) : Hogle, yes; Mason, yes; Pillot, yes, Quillin, no; Cardamone, yes. Mayor Cardamone requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 9. NON QUASI - JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 99-4144, AMENDING THE ZONING CODE (1998) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 98-4076 RELATING TO DEVELOPMENT REVIEW PROCEDURES FOR THE PROCESSING OF AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA (A/K/A SARASOTA CITY PLAN [19981); ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM NO. IV-A-1) #1 (2514) through (2755) Douglas James, Chief Planner, Planning and Development Department, came before the Commission, and stated that proposed Ordinance No. 99-4144 retlects new amendment procedures for the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that at its October 6, 1999, meeting, the Planning Board/Local Planning Agency (PBLP) voted unanimously to recommend approval of proposed Ordinance No. 99-4144; that at its October 18, 1999, meeting, the Commission set proposed Ordinance No. 99-4144 for public hearing. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone Closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4144 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4144 on first reading. On motion of Commissioner Mason and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 99-4144 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes. 10. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4165, AMENDING THE ZONING CODE (1998) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 98-4076, ARTICLE IV, DEVELOPMENT REVIEW PROCEDURES, DIVISION 4, ADULT USE PERMITS, SECTION IV-405, GRANT, DENIAL OF PERMIT sO AS TO REQUIRE THE DEPARTMENT OF BUILDING, ZONING & CODE ENFORCEMENT TO GRANT OR DENY AN APPLICATION FOR AN ADULT USE PERMIT WITHIN FORTY-1 FIVE DAYS; PROVIDING THAT IF NO RULING IS MADE WITHIN SAID FORTY - FIVE DAYS AN ADULT USE ESTABLISHMENT SHALL BE DEEMED TO HAVE BEEN GRANTED AN ADULT USE PERMIT; PROVIDING FURTHER THAT A FINAL DECISION AS TO ANY REQUEST FOR VARIANCE SUBMITTED BY AN ADULT USE ESTABLISHMENT, I OR APPLICANT THEREFORE, SHALL BE MADE WITHIN NINETY DAYS OF THE SUBMISSION OF A COMPLETE APPLICATION FOR SAID VARIANCE; ETC. (TITLE ONLY) (APPLICATION NO. 99-ZTA-14, APPLICANT CITY OF SARASOTA) - PASSED ON FIRST READING (AGENDA ITEM NO IV-A-2) #1 (2755) through (3046) City Attorney Taylor stated that proposed Ordinance No. 99-4165 amends Section IV-405 (A), Zoning Code (1998), regarding the granting or denial of applications for an Adult Use Permit; that at its October 6, 1999, meeting, the Planning Board/Local BOOK 46 Page 18812 11/01/99 6:00 P.M. BOOK 46 Page 18813 11/01/99 6:00 P.M. Planning Agency (PBLP) voted unanimously to find proposed Ordinance No. 99-4165 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and to recommend Commission approval; that the revision is to comply with changes in case law regarding adult use regulations and will change the time period to review an application from 30 to 45 days; that the Adult Use Permit application will be deemed granted for a period of one year if an application is not granted or denied in the prescribed 45-day review period; that additionally, a final decision for any request for a variance submitted by an adult use establishment shall be made within 90 days of the submission. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4165 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4165 on first reading. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4165 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yesi Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. Mayor Cardamone requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during the quasi-judicial public hearings, the Commission is required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject propertyi that recommendations for time limits for the quasi-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. 11. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4175, TO REZONE A PARCEL OF REAL PROPERTY BOUNDED ON THE EAST BY TUTTLE AVENUE, ON THE SOUTH BY BAHIA VISTA STREET, ON THE WEST BY BRIGGS AVENUE AND ON THE NORTH BY LYLE STREET FROM THE RESIDENTIAL SINGLE FAMILY-3 (RSF-3) AND RESIDENTIAL MULTIPLE- - FAMILY-2 (RMF-2) ZONE DISTRICTS TO THE MEDICAL, CHARITABLE AND INSTITUTIONAL (MCI) ZONE DISTRICT AS MORE PARTICULARLY SET FORTH HEREIN; SAID PARCEL IS APPROXIMATELY 8.2 ACRES IN SIZE AND CONSISTS OF PROPERTY COMMONLY KNOWN AS TEMPLE BETH SHALOM AND ADJACENT PROPERTY AT THE CORNER OF BAHIA VISTA STREET AND BRIGGS AVENUE; ETC. (TITLE ONLY) (APPLICATION NO. 99-RE-16, APPLICANT BARBARA B. LEVIN, ESQUIRE, AS AGENT FOR THE OWNER TEMPLE BETH SHALOM & JEWISH CENTER, INC.) - PASSED ON FIRST READING (AGENDA ITEM NO. IV-B-1) #1 (3274) through (3913) Mayor Cardamone stated that Application No. 99-RE-16 as incorporated in proposed Ordinance No. 00-4175 is to rezone a parcel of real property bounded on the east by Tuttle Avenue, the south by Bahia Vista Street, the west by Briggs Avenue and the north by Lyle Street. City Auditor and Clerk Robinson stated that the request is to rezone property from the Residential Single-Family Residential-3 (RSF-3) and Multi-Family Residential-2 (RMF-2) Zone Districts to the Medical, Charitable, Institutional (MCI) Zone District; that the property is approximately 8.2 acres and consists of property commonly known as Temple Beth Shalom and adjacent property at the corner of Bahia Vista Street and Briggs Avenue. City Attorney Taylor stated that the applicant is Barbara Levin, Attorney, Abel, Band, Russell, Collier, Pitchford & Gordon, Chartered, agent for owner, Temple Beth Shalom & Jewish Center, Inc.; that no one has filed for certification as an Affected Person; that the recommendation is to allow the Applicant 5 minutes for presentation and 5 minutes for rebuttal; that the City will have 3 minutes for presentation and 3 minutes for rebuttal; that other interested persons will have 3 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the recommended speaker time limits; and requested that Commissioner ex parte communications, if any, be disclosed. BOOK 46 Page 18814 11/01/99 6:00 P.M. BOOK 46 Page 18815 11/01/99 6:00 P.M. Mayor Cardamone and Commissioner Hogle stated that the property was visited. Commissioners Mason and Quillin stated that no ex parte communications have occurred. Vice Mayor Pillot stated that the property has been driven by numerous times; and asked if being a guest at Temple Beth Shalom & Jewish Center would constitute ex parte communication? City Attorney Taylor stated no. Mayor Cardamone stated that school uniforms for the Temple Beth Shalom schools are sold in her store and asked if a conflict of interest is created? City Attorney Taylor stated no. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Barbara Levin, law firm of Attorney, Abel, Band, Russell, Collier, Pitchford & Gordon, Chartered, and Joni Mandel, Executive Director, Temple Beth Shalom, came before the Commission. Attorney Levin referred to the Zoning/Subdivision Map of the property and surrounding area displayed on the overhead projector and stated that the existing temple has approval for a conditional use as a school on the property; that in November 1999 the Applicant acquired 2 and 1/3 acres of the southwest corner at the intersection of Briggs Avenue and Bahia Vista Street; that the Applicant requested Staff to extend the conditional use to include the new propertyi that Staff recommended consolidating the different zoning classifications to the MCI Zone District; that the temple is approximately 53,000 square feet; that 40 full-time and 20 part-time people are employed; that the hours of operation are 8:00 a.m. to 6:15 p.m. : that meetings may occur once or twice a week or on a Saturday; however, no meetings extend beyond 9:00 p.m.i that one of the conditions is the hours of operation; that the indicated hours are approximate hours of operation; that rewording the condition to indicate approximate hours and days is requested to avoid code entorcement problems; that Application No. 99-RE-16 was found consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and meets the Standards for Review set forth in the Zoning Code (1998). Mayor Cardamone requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that the request is to rezone an 8.2-acre site at the northwest corner of Tuttle Avenue and Bahia Vista Street from the Single-Family Residential-3 (RSF-3) and Multi-Family Residential-2 (RMF-2) Zone Districts to the MCI Zone District; that the MCI Zone District is an implementing Zone District for the Community Office/ Institutional future land use classification and the existing RSF-3 and RMF-2 Zoning Districts are not implementing Zone Districts; that the property is considered a zoning enclave; that the Planning Board/Local Planning Agency (PBLP) held a public hearing at its October 6, 1999, meeting, and voted unanimously to recommend approval of Rezone Application 99-RE-16, subject to the six conditions set forth in proposed Ordinance No. 00-4175 as follows: 1. There shall be no increase in building square footage above the current 53,000 square feet until a site plan is submitted to and approved by the Planning Board. 2. There shall be no increase in the hours of operation for the facilities currently functioning on the property until a site plan is submitted to and approved by the Planning Board. Current hours of operation are from 8:00 a.m. to 6:15 p.m., with two nights per week extending to 9:15 p.m. 3. Applicant shall file a consolidation plat for approval by the Director of Building, Zoning and Code Enforcement for the entire property in accordance with the requirements of Section VI-104, Zoning Code (1998), prior to site plan submittal for any new development on the site. 4. Future development on the consolidated zoning lot shall have a maximum floor area ratio (FAR) of 0.50. 5. The use of the properties shall be limited to a church/synagogue " (permitted use category in Zoning Code (1998)) and customary accessory uses, specifically including, but not limited to a private school and day care facility. 6. The real property above shall not be developed or used for any land uses other than those uses listed above. Any uses which may be added to the list of permitted uses in the MCI Zone District after the effective date BOOK 46 Page 18816 11/01/99 6:00 P.M. BOOK 46 Page 18817 11/01/99 6:00 P.M. of this ordinance shall not be permitted uses on the property unless the ordinance is amended to specifically provide that such uses will be allowed. Ms. Murphy stated that no site plan was proffered with the rezoning request; that the rezoning request represents infill development; that presenting a site plan to the PBLP for review and approval will be necessary; that properties directly west and south of the property are in the MCI Zone District. Commissioner Hogle asked if indicating specific times of operation is preferred to approximate times? City Attorney Taylor stated that the ordinance has been prepared specifying hours proffered by the Applicant; that hours of operation should be specifically indicated; that entorcement of hours of operation is not an exact science. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak Mayor Cardamone requested rebuttal from the Applicant and the City; and hearing none, requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4176 by title only. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 00-4175 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes. 12. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. . 00-4176, TO REZONE REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF SOUTH TAMIAMI TRAIL AND HIBISCUS STREET AND HAVING STREET ADDRESSES OF 1968 HIBISCUS STREET AND 2426 SOUTH TAMIAMI TRAIL, FROM THE MULTIPLE- -. FAMILY- - RESIDENTIAL-2 (RMF-2) ZONE DISTRICT TO THE OFFICE, PROFESSIONAL AND BUSINESS (OPB) ZONE DISTRICT; ETC. (TITLE ONLY) (APPLICATION NO. 99-RE-14, APPLICANT LAND RESOURCE STRATEGIES, INC., AS AGENT FOR THE OWNERS, THE GOMEZ LAND AND CATTLE COMPANY, INC.) - PASSED ON FIRST READING (AGENDA ITEM NO. IV-B-2) #2 (0176) through (1010) Mayor Cardamone stated that Application No. 99-RE-14 as incorporated in proposed Ordinance No. 00-4176 is to rezone real property located on the southwest corner of South Tamiami Trail and Hibiscus Street with street addresses of 1968 Hibiscus Street and 2426 South Tamiami Trail; that the Applicant is Land Resource Strategies, Inc., agent for the owner, The Gomez Land and Cattle Company, Inc. City Attorney Taylor stated that the request is to rezone the property from the Multiple Family-Residential-z (RMF-2) Zone District to the Office, Professional and Business (OPB) Zone District; that no one has filed for status as an Affected Person; that the recommendation is to allow the Applicant 5 minutes for presentation and 5 minutes for rebuttal; that the City will have 3 minutes for presentation and 3 minutes for rebuttal; that other interested persons will have 3 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the recommended speaker time limits; and requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Hogle stated that a conversation with a neighbor who may speak to the Commission occurred. Mayor Cardamone, Vice Mayor Pillot, and Commissioners Mason and Quillin stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Bruce Franklin, President, Land Resource Strategies, Inc., came before the Commission, referred to a sketch indicating the land use classification of the subject and surrounding property displayed on the overhead projector and stated that the property is located on the west side of US 41 between Boyce and Hibiscus Streets; that the property is three and one-half lots with three lots on US 41 and one-half lot along Hibiscus Street all under unified ownership and control; that no site plan has been proposed; that the property is located in the Community Office/ Institutional Land Use Classification. Mr. Franklin referred to the oning/Subdivision Map displayed on the overhead projector indicating the areas currently in the OPB Zone District, Office, Professional and Business (OPB-1) Zone District, and the Single-Family Residential 3 (RSF-3) Zone BOOK 46 Page 18818 11/01/99 6:00 P.M. BOOK 46 Page 18819 11/01/99 6:00 P.M. District; that the Applicant is requesting rezoning to the OPB Zone District with five proffered uses; that a neighborhood meeting was conducted; that the primary concern of neighbors was drainage; that the neighbors were advised Staff would not allow development exacerbating an existing drainage problem; that Staff found the traffic impact is de minimus; that the property is consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that no substantial negative impacts or aspects of the Application exist. Mayor Cardamone requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that the existing RMF-2 Zone District is not an implementing district of Community Office/Institutional land use classification; that the property is a zoning enclave; that the Applicant proffered out more intense uses to promote compatibility; that the requested rezoning may provide a transition in land use between US 41 to the east and the neighborhood to the west; that the Planning Board/Local Planning Agency (PBLP) recommended approval of the Application subject to the condition that future development shall not exceed a 0.50 floor area ratio (FAR) consistent with the future land use and compatibility, that neighbors expressed concerns regarding stormwater problems; that the PBLP was informed the City and County are studying the stormwater problems; that future development must meet the Engineering Design Criteria Manual (EDCM) requirements; that the PBLP held a public hearing regarding Rezone Application No. 99-RE-14 at its October 6, 1999, meeting and determined Application No. 99-RE-14 as incorporated in proposed Ordinance No. 00-4176 is consistent with the City's Comprehensive Plan, and the Standards for Review set forth in the Zoning Code (1998), and recommended Commission approval, subject to the conditions incorporated in proposed Ordinance No. 00-4176 as follows: 1. The uses included in the July 15, 1999, Proffer Statement as follows: Alarm system, security operation office Data and computer services Medical or dental laboratory Office, business or professional Office or clinic, medical or dental 2. The property shall not be developed or used for any land uses other than those listed, specifically . adult day care; child care centers; essential governmental services; family day care centers; financial institutions; park; radio and television stations. Any uses which may be added to the list of permitted uses shall not be permitted uses on the property unless this Ordinance is amend to specifically provide that such uses will be allowed. Mayor Cardamone asked if the neighborhood has concerns about parking on the street? Ms. Murphy stated that Staff was not notified of any concerns . Mayor Cardamone stated that parking is a problem in the area as the businesses' success forces parking in front of residences in the adjoining area. Mayor Cardamone requested that other interested persons come forward; and the following interested person came before the Commission: Eugene Pittsford, 1912 Hibiscus Street (34239), stated that the neighborhood's main concern is parking and drainage; that a drainage pipe is located under the sidewalk on the property; that the pipe has not been maintained for six to eight years; that the pipe empties into a drop box at the curb along US 41; that erecting a building on the property will cut the pipe; that the swale running between the center line of the property is a utility easement and not designated for drainage. Commissioner Hogle asked for a recommendation concerning the drainage problem? Mr. Pittsford stated the existing pipe should remain; that the footing of the proposed building should be installed around the pipe versus over the pipe. Mayor Cardamone asked if the swale is at the back property line? Mr. Pittsford stated yes. Mayor Cardamone asked if the swale is open? BOOK 46 Page 18820 11/01/99 6:00 P.M. BOOK 46 Page 18821 11/01/99 6:00 P.M. Mr. Pittsford stated that the swale on his property is approximately one foot deep and four feet wide and is the only one in the neighborhood remaining open. Mayor Cardamone requested rebuttal from the Applicant and the City, and, hearing none, requested Commissioner supplemental remarks, if any. Vice Mayor Pillot asked for clarification of the Applicant ' S responsibility to correct the drainage problem upon submission of a site plan approval. Mayor Cardamone stated that Staff indicated correcting the drainage problem is a possibility. Ms. Murphy stated that during site plan review, Staff will address drainage issues only on the property; that the City and County are aware of and studying drainage problems in the neighborhood; that the drainage problems for the entire neighborhood are not the responsibility of the Applicant; that the Applicant will have to comply with current standards for stormwater at site plan review. Vice Mayor Pillot stated that any development would not be permitted to exacerbate the drainage problem in the area. Ms. Murphy stated that is correct; that regarding Stafi's previous comment regarding parking concerns, an August 16, 1999, letter from neighborhood residents Eugene and Margaret Pittsford was included in Agenda backup material; that correspondence was provided to Staff; however, Staff was not contacted directly; that the parking ratios are 1-to-150 for medical offices and 1-to-200 for offices; that existing parking problems arise from older medical offices in the adjoining areas. Vice Mayor Pillot asked if the present parking ratios are more stringent? Ms. Murphy stated yes. Commissioner Quillin stated that the Applicant's and the neighborhood's drainage systems should be tied into the City's central sewer. Mayor Cardamone asked if Commission discussion of the neighborhood's drainage and utilities is appropriate? City Attorney Taylor stated that drainage and utilities will be addressed upon application for site plan approval; that the developer cannot be required to alleviate existing drainage problems for the entire neighborhood. Commissioner Quillin stated that the Applicant should be required to connect with the City's central system. City Manager Sollenberger stated that Staff will be asked to examine the drainage problems; that stormwater in the area is managed by the County's Stormwater Environmental Utility (SEU) i that a report from the County indicating intended remedial actions could be requested; that passing proposed Ordinance No. 00-4176 on first reading is recommended; that a report can be presented prior to second reading. Vice Mayor Pillot stated the responsibility of the Applicant is not to add to the existing problems; that solving the old concerns of the neighborhood is not the responsibility of the Applicant; that a report prior to second reading is desirable; however, any indication the Commission may not adopt proposed Ordinance No. 99-4176 on second reading is not supported. City Manager Sollenberger stated that any indication the Applicant is responsible for stormwater drainage in the area was not intended; that the appropriate stormwater utility has the responsibility, that the recommendation to obtain a report is to insure the Commission's awareness of the current status of the responsible utility's intended remedial actions prior to taking final action. Vice Mayor Pillot stated that addressing drainage problems as a result of the Application is positive; however, the overall problems should not affect the Commission's vote. Commissioner Quillin stated that receiving a report prior to second reading is desired; that an easement will be required. Mayor Cardamone asked if a easement presently exists? City Attorney Taylor stated no; that engineering considerations have been reviewed and approved; that a detailed review will be conducted for compliance with the EDCM upon presentation of a site plan; that approving the Application contingent upon solving the neighborhood's drainage problems is not proper. BOOK 46 Page 18822 11/01/99 6:00 P.M. BOOK 46 Page 18823 11/01/99 6:00 P.M. There were no other Commissioner supplemental remarks, and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4176 by title only. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No.00-4176 on first reading. Commissioner Quillin asked if the motion is with the understanding the Commission will receive a report by second reading? Vice Mayor Pillot stated yes, however, not as a condition. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. Commissioner Mason left the Chambers at 8:05 p.m. 13. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4177, TO REZONE REAL PROPERTY FROM THE MULTIPLE - FAMILY- RESIDENTIAL-1 (RMF - 1) ZONE DISTRICT TO THE MEDICAL, CHARITABLE, INSTITUTIONAL (MCI) ZONE DISTRICT; SAID PROPERTY BEING LOCATED ON THE NORTHWEST CORNER OF TUTTLE AVENUE AND 12" STREET, A/K/A 1231 TUTTLE AVENUE AND 2771 12 TH STREET; ETC. (TITLE ONLY) (APPLICATION NO. 99-RE-17, APPLICANT RICK CARLISLE, PRESIDENT OF CARLISLE AND COMPANY, INC., AS AGENT FOR THE CONTRACT PURCHASER COMMUNITY AIDS NETWORK, INC. AND THE OWNER PATRICIA CALDWELL) = PASSED ON FIRST READING (AGENDA ITEM NO. IV-B-3) #2 (1015) through (2273) Mayor Cardamone stated that Application No. 00-4177 as incorporated in proposed Ordinance No. 00-4177 is to rezone real property located on the northwest corner of Tuttle Avenue and 12th Street, with street addresses of 1231 Tuttle Avenue and 2771 12th Street. City Attorney Taylor stated that the request is to rezone the property from the Multi-Family Residential (RMF-1) Zone District to the Medical, Charitable, Institutional (MCI) Zone District; that the applicant is Rick Carlisle, President, Carlisle and Company, Inc., agent for the contract purchaser, Community Aids Network, Inc., and the owner, Patricia Caldwell; that Steven Molinaro has qualified as an Affected Person; that the recommendation is to allow the Applicant 7 minutes for presentation and 5 minutes for rebuttal; that the City will have 5 minutes for presentation and 5 minutes for rebuttal; that the Affected Person will have 5 minutes to speak; that other interested persons will have 3 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the recommended speaker time limits; and requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Mason stated that a conversation took place with a neighbor; that the neighborhood meeting was attended. Mayor Cardamone, Vice Mayor Pillot and Commissioners Hogle and Quillin stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Susan Terry, Chief Executive Officer of Community Aids Network, Rick Carlisle, President, Carlisle and Company, Inc., and Karl Brown, Project Architect, The Ritchie Organization, Architects, came before the Commission. Ms. Terry stated that the Community Aids Network (CAN) was established eight years ago principally to treat Human Immunodericiency Virus (HIV) in the County; that the clinic is muti-disciplinary including dental, case management and therapy services, and education; that CAN has a budget of $1.5 million, a staff of 20, and a patient load of 470; that CAN is a 9 a.m. to 5 p.m. clinic; that narcotics are not stored on site; that neither residential treatment nor emergency care is performed; that the facility is a physicians' clinic. Ms. Terry displayed a container of Triple Combination Therapy pills and stated that the pills have made the life-and-death issue of Auto Immune Deficiency Syndrome (AIDS) a remarkable story; that the first 4 years of operation of CAN, 187 people died; that in 1998, 60 people died of AIDS; that the treatment of the displayed pills were recently discovered; that the monthly dosage of the pills costs $1,500; that the death rate dropped from 60 in one year to 12 the next; that the enormous toxicity level and side effects result in difficulty in assuring patients adhere to the treatment; that a person cannot contract AIDS by hugging or casual contact or by being a neighbor. BOOK 46 Page 18824 11/01/99 6:00 P.M. BOOK 46 Page 18825 11/01/99 6:00 P.M. Mr. Carlisle referred to the Zoning/Subdivision Map displayed on the overhead projector indicating the property and stated that the property is 1.11 acres at the northwest corner of Tuttle Avenue and 12th Street; that the Applicant is requesting rezoning to the MCI Lone District which is consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that the proposed structure is a 9,200-square- foot, one-story facility; that great care has been taken in the design of the facility to assure compatibility with the neighborhood; that the Applicant designed the facility to retain as many trees as possible on the property; that a 10 percent parking reduction was granted based on the number of trees saved; that three meetings with the Development Review Committee (DRC) and two neighborhood meetings were conducted; that as a result of the neighborhood meetings, additional buffering is included in the design of the facility; that at its October 6, 1999, meeting, the Planning Board/Local Planning Agency (PBLP) unanimously recommended approval of proposed Ordinance No. 00-4177. Mayor Cardamone requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that the property is designated as a Community Office/Institutional Future Land Use Classification; that the existing RMF-1 Zone District is not an implementing Zone District; that the proposed MCI Zone District is an implementing Zone District; that the neighborhood residents expressed concern with the possibility of extending Oak Park Drive; that the Applicant has requested and received a waiver of the extension requirement; that the PBLP held a public hearing regarding Rezone Application No. 99-RE-17 at its October 6, 1999, meeting and determined Application No. 99-RE-17 as incorporated in proposed Ordinance No. 99-4177 is consistent with the City's Comprehensive Plan, and the Tree Protection Ordinance and recommended Commission approval, subject to the conditions incorporated in proposed Ordinance No. 00-4177 as follows: 1. The use of the property shall be limited solely to the following permitted uses in the MCI Zone District: Adult day care; Church/synagogue; Club, private; Essential government services; Infirmaries and medical care facilities; Office, business or professional; Office or clinic, medical or professional; and Park. 2. The property . shall not be developed or used by any land uses other than those listed . Any uses which may be added to the list after the effective date of this Ordinance shall not be permitted uses unless this Ordinance is amended to specifically provide that such uses will be allowed. 3. No overnight stay of patients would be allowed. 4. No controlled substances will be stored on site. Ms. Murphy stated that the proposed MCI Zone District is an implementing Zone District for the Community Office/ Institutional Land Use Classification in accordance with the City's Comprehensive Plan; that the property is a zoning enclave. Mayor Cardamone requested that the Affected Person come forward; and the following Affected Person came before the Commission: Steve I 1246 Oak Park Avenue (34237), stated that concern is with the rezoning of the property; that sports-oriented complexes surround the neighborhood; that a medical complex should not be considered; that in 1998 a land use meeting with Patricia Caldwell, the owner of the property, requesting rezoning was attended; that the Commission denied the request. Mayor Cardamone requested that other interested persons come forward; and the following interested persons came before the Commission: Sharon and Tom Rannebarger, 1501 North Tuttle Avenue (34237). Ms. Rannebarger stated that the neighborhood is tamily-oriented; that retaining the neighborhood as residential, not a medical complex, is desired; that no benefit of the facility in the neighborhood is perceived; that the statement no narcotics will be stored on the site is questionable as the facility performs dental work and extractions, and provides 24-hour emergency care. BOOK 46 Page 18826 11/01/99 6:00 P.M. BOOK 46 Page 18827 11/01/99 6:00 P.M. Mr. Rannebarger stated children observing patients' experiencing toxic side effects of the medication is a concern; that the neighborhood should be retained as residential; that no benefit will be derived from the proposed facility. Mayor Cardamone asked the location of the property? Mr. Rannebarger stated the corner of 15th Street and Tuttle Avenue. Ms. Rannebarger stated that a 240-unit apartment complex will be constructed on the corner of 12th Street and Tuttle Avenue; that two cars per unit will generate increased traffic. Mr. Rannebarger quoted an article in the October 10, 1999, edition of the Sarasota Herald-Tribune as follows: HIV disease is walking down the street and in its right hand it's got mental illness, and in its left hand it's got substance abuse, she (Susan Terry) said. Mayor Cardamone requested that the Applicant forward for rebuttal. Ms. Terry stated that HIV disease education is a significant challenge; that entire families have died from HIV disease; that physicians at the clinic are available for 24-hour emergency calls; however, patients are not treated at the facility; that the physician advises the caller the appropriate action required; that prescriptions for oral surgery are written; that no narcotics are kept on site; that the proposed facility contains a large community room available to neighborhood residents; that participating in the Neighborhood Watch Program is desired; that the designation of the facility as a Safe Place is desired; that CAN acts as a referral basis for patients suffering mental illness and substance abuse. Mr. Carlisle stated that Staff determined the traffic impact of the proposed facility as de minimus. Vice Mayor Pillot stated that for benefit of the audience, an explanation of de minimus is requested. Mr. Carlisle stated that the traffic impact from the proposed facility is such that a traffic study is not required as the traific impact is very low. Mayor Cardamone asked the reason existing medical/office areas were not considered? Ms. Terry stated that renovating is cost-pronibitive; that land in the medical/office areas is too expensive; that investing the majority of funds into a building rather than a piece of land is preferred. Mayor Cardamone requested that the Affected Person come forward for rebuttal. Mr. Molinaro stated that the requirement for medical attention is acknowledged; however, the facility does not fit into a residential neighborhood. Mayor Cardamone requested that Staff come forward for rebuttal. Ms. Murphy stated that that the Community Office/Inaticutional Land Use Classification will provide a professional use serving as a transition to the less intensive residential land uses; that the permitted uses are traditionally daytime operations. Mayor Cardamone asked the hours of operation of the permitted uses? Ms. Murphy stated that no restrictions on hours of operation have been imposed. Mayor Cardamone asked if an offer to restrict the hours of operation was made? Ms. Murphy stated that one proffer was the restriction of no overnight stays. Mayor Cardamone asked the intended use of the proposed facility's community room? Ms. Murphy stated counseling, support groups, therapy, etc. Vice Mayor Pillot asked if the Commission is required to base any decision on competent, substantial evidence? City Attorney Taylor stated yes. Vice Mayor Pillot asked if residents indicating the proposed facility is not compatible with the neighborhood constitutes competent, substantial evidence? BOOK 46 Page 18828 11/01/99 6:00 P.M. BOOK 46 Page 18829 11/01/99 6:00 P.M. City Attorney Taylor stated that evidence would be required to show the operation of the business is incompatible with living in a residential neighborhood; that grounds would be required to substantiate the incompatibility. Mayor Cardamone requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4177 by title only. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 00-4177 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. The Commission recessed at 8:30 p.m. and reconvened at 8:45 p.m. 14. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4178, TO REZONE REAL PROPERTY FROM THE RESIDENTIAL SINGLE- - FAMILY-3 (RSF-3) ZONE DISTRICT TO THE OFFICE PARK (OP) ZONE DISTRICT; SAID PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF FRUITVILLE ROAD AND EUCLID AVENUE, A/K/A 28 NORTH EUCLID AVENUE; ETC. (TITLE ONLY) (APPLICATION NO. 99-RE-06, APPLICANT LAND RESOURCE STRATEGIES, INC., AS AGENT FOR THE OWNER JEWISH FAMILY AND CHILDREN SERVICES OF SARASOTA-AATEE, INC.) - PASSED ON FIRST READING (AGENDA ITEM NO. IV-B-4) #2 (2400) through (2636) Mayor Cardamone stated that proposed Ordinance No. 00-4178 is to rezone real property located at the southeast corner of Fruitville Road and Euclid Avenue, with a street address of 28 North Euclid Avenue. City Attorney Taylor stated that the request is to rezone the property from Residential Single-Family-3 (RSF-3) Zone District to the Office Park (OP) Zone District; that the Applicant is Land Resource Strategies, Inc., agent for the owner, Jewish Family and Children Services of Sarasota-Manatee, Inc; that no one has filed for certification as an Affected Person; that the recommendation is to allow the Applicant 5 minutes for presentation and 5 minutes for rebuttal; that the City will have 3 minutes for presentation and 3 minutes for rebuttal; that other interested persons will have 3 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the recommended speaker time limits; and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Cardamone, Vice Mayor Pillot, and Commissioners Hogle, Mason and Quillin stated that no ex parte communications have occurred. Commissioner Mason returned to the Chambers at 8:46 p.m. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Bruce Franklin, President, Land Resource Strategies, Incorporated, came before the Commission, referred to the Zoning/Supdivision Map displayed on the overhead projector indicating the property and stated that the property is the only parcel in the area not included in the Applicant's property currently under development; that the property became available subsequent to a previously approved rezoning request; that the property will meet the minimum requirements for an OP Zone District upon consolidation with the adjacent parcels; that the proposed rezoning is consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that the property does not contain the required number parking spaces; however, parking requirements will be met t upon consolidation of the parcels; that the property will be used for an administrative office; that handicapped parking will be adjacent to the proposed facility. Mayor Cardamone requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that the request is to rezone property near the southeast corner of Fruitville Road and Euclid Avenue from the RSF-3 Zone District to the OP Zone District; that at its October 6, 1999 meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and determined Rezone Application No. 99-RE-06 as incorporated in proposed Ordinance No. 00-4178 is consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, the Standards for Review set forth in the Zoning Code (1998), and recommended Commission approval, subject to the conditions incorporated in proposed Ordinance No. 00-4178 as follows: BOOK 46 Page 18830 11/01/99 6:00 P.M. BOOK 46 Page 18831 11/01/99 6:00 P.M. 1. The uses included in Applicant's Proffer Statement dated May 20, 1999 shall be the only uses included in any future development of the property, and shall be recorded in the Public Records of Sarasota County as follows: Adult day care Alarm System, security operation office Data and computer services - Essential governmental services Medical or dental laboratory Office, business, or professional Office or clinic, medical or dental 2. The property shall not be developed or used for any land uses other than those uses listed . Any uses which may be added to the list of permitted uses on the OP Zone District after the effective date of this Ordinance shall not be permitted uses on the property unless this Ordinance is amended to specifically provide that such uses will be allowed. 3. Applicants shall file a consolidation plat for approval by the Director of Building, Zoning and Code Enforcement for the entire site in accordance with the requirements of Section VI-104, Zoning Code (1998), prior to site plan submitted for the site. 4. future nonresidential development on the rezoned property shall not exceed a 0.50 floor area ratio (FAR). 5. The Applicant will not oppose the neighborhood association if traffic calming is requested. Ms. Murphy stated that the property is an implementing Zone District for the Community Office/Institutional land use classification in accordance with the City's Comprehensive Plan; that the property is a zoning enclave; that the review of traffic impact for concurrency by Staff does not preclude a subsequent review at site and development approval; that traffic in the area is of concern to the neighbors; that the PBLP recommended approval of the proposed rezoning to the OP Zone District recognizing the classification as a compatible land use which would eliminate a zoning enclave. Mayor Cardamone stated that no one has signed up to speak; requested rebuttal from the Applicant and the City; and hearing none, requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4178 by title only. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 00-4178 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes. 15. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4179, TO REZONE REAL PROPERTY FROM THE SINGLE - FAMILY- RESIDENTIAL-2 (RSF-2) ZONE DISTRICT TO THE OFFICE PROFESSIONAL AND BUSINESS (OPB) ZONE DISTRICT; SAID PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF FRUITVILLE ROAD AND BRIGGS AVENUE, A/K/A 2708 FRUITVILLE ROAD; ETC. (TITLE ONLY) (APPLICATION NO. 99-RE-13, APPLICANT WILLIAM C. STRODE, ESQUIRE, AS AGENT FOR THE OWNER JAMES MCNABB) = PASSED ON FIRST READING (AGENDA ITEM NO. IV-B-5) #2 (2653) through (3060) Mayor Cardamone stated that Application No. 00-4179 as incorporated in proposed Ordinance No.00-4179 is to rezone real property located at the southeast corner of Fruitville Road and Briggs Avenue with an address of 2708 Fruitville Road. City Attorney Taylor stated that the request is to rezone the property from the Single-Family-Residential-2 (RSF-2) Zone District to the Office, Professional and Business (OPB) Zone District; that the applicant is William Strode, Esquire, agent for the owner, James McNabb; that no one has filed for certification as an Affected Person; that the recommendation is to allow the Applicant 3 minutes for presentation and 3 minutes for rebuttal; that the City will have 3 minutes for presentation and 3 minutes for rebuttal; that other interested persons will have 3 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the recommended speaker time limits; and requested that Commissioner ex parte communications, if any, be disclosed. BOOK 46 Page 18832 11/01/99 6:00 P.M. BOOK 46 Page 18833 11/01/99 6:00 P.M. Mayor Cardamone, Vice Mayor Pillot, and Commissioners Hogle, Mason and Quillin stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Attorney Strode came before the Commission and stated that the property has become inappropriate for residential use; that the small size and location limits use; that the residence on the property will be remodeled for a small professional office; that access from the property to Fruitville Road will be closed; that access will be from Briggs Avenue; that Fruitville Road will function better closing off the access; that the rezoning will bring the property into consistency with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that the property is a zoning enclave and inconsistent with the City's Comprehensive Plan; that the change in use requires meeting the uniform landscaping, buffering and signage requirements of the Fruitville Road Corridor Overlay District; that Fruitville Road is a major gateway into the City; that the rezoning is a positive step; that Staff determined traffic generation is de minimus. Mayor Cardamone requested that Staff come forward for the City's presentation. Mark Hess, Senior Planner II, Planning and Development Department, came before the Commission and stated that the Applicant's request is a rezoning with no proffered site plan; that at its October 6, 1999, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and determined Rezone Application No. 99-RE-13 as incorporated in proposed Ordinance No. 00-4179 is consistent with the City's Comprehensive Plan, and the Standards for Review set forth in the Zoning Code (1998), and recommended Commission approval, subject to the conditions incorporated in proposed Ordinance No. 00-4179 as follows: 1. The use of the rezoned property shall be limited solely to the following permitted uses in the OPB: Adult day care; Alarm system, security operation office; - Data and computer services; Dwelling-Multiple family; Essential government services; Medical or dental laboratory; - Office, business or professional; Park; and, Radio and television stations. 2. The property . shall not be developed or used by any land uses other than those uses listed . Any uses which may be added to the list of permitted uses after the effective date of this Ordinance shall not be permitted uses on the property unless this Ordinance is amended to specifically provide that such uses be allowed 3. In the event the owner of the zoning lot immediately east of the rezoned property . seeks to redevelop to a nonresidential use, the owner of the rezoned property shall provide an executed access agreement which provides an access easement across the rezoned property to Briggs Avenue sO as to eliminate the need for the property to the east (2716 Fruitville Road) to access Fruitville Road directly. Such easement shall not materially affect the use of the rezoned property, and any costs of any nature associated with the provisions of such an easement shall be the responsibility of the zoning lot to the east of the rezoned property. 4. All future nonresidential developments upon the rezoned property shall not exceed a 0.50 floor area ratio (FAR). 5. Applicant agrees not to object to traffic calming measures. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Cardamone requested rebuttal from the Applicant and the City; and hearing none, requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4179 by title only. On motion of Vice Mayor Pillot and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No.00-4179 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried BOOK 46 Page 18834 11/01/99 6:00 P.M. BOOK 46 Page 18835 11/01/99 6:00 P.M. unanimously (5 to 0): Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. 16. CITIZENS' INPUT CONCERNING CITY TOPICS #2 (3060) through (3065) There was no one signed up to speak. 17. NEW BUSINESS: DISCUSSION RE: NUMBERING OF AT-LARGE COMMISSION SEATS - SET THE QUESTION OF NUMBERING THE AT- LARGE COMMISSION SEATS FOR PUBLIC HEARING AT THE EARLIEST FEASIBLE DATE (AGENDA ITEM NO. VII-1) #2 (3065) through (3610) Mayor Cardamone stated that holding a public hearing to hear community discussion concerning changing the method of election for the at-large Commission seats is advocated; that candidates for the district Commission seats run for election for a specific district seat; that candidates for the at-large Commission seats run in a field for election to the two at-large Commission seats; that no opportunity is available to challenge a specific incumbent or have a political debate against a specific individual; that the number of candidates in the three prior elections have been: 3, 7 and 11; that the campaign format for the at-large Commission seats is different than the district Commission seats; that the request is to hold a public hearing concerning the numbering of the at-large Commission seats. Vice Mayor Pillot stated that personal participation has occurred in the past three elections for the at-large Commission seats; that no participation will be forthcoming in a fourth election for the at-large Commission seats; therefore, no personal stake is involved in a decision concerning the method of election for the at-large Commission seats; that the numbering of the at-large Commission seats has merit and no currently perceived negative concern. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to set the question of numbering the at-large Commission seats for public hearing at the earliest feasible date. Commissioner Quillin stated that the minutes of the April 20, 1998, Regular Commission meeting at which the method of election was discussed were reviewed; that the unnumbered seats is the result of the lawsuit challenging the City's method of conducting elections; and quoted from a November 5, 1993, memorandum from Robert Fournier, City Attorney's Office, to the City Attorney as follows: Accordingly, because the absence of a numbered seat requirement enhances the ability of African-American voters to participate in the political process as required by the Voting Rights Act, it is my legal opinion that a restoration to the former "numbered seat" requirement in not warranted at the present time. Commissioner Quillin stated that the number of other minorities in the community has increased; that the absence of a numbered seat requirement keeps the door open to election of minorities; that more candidates can be attracted by not numbering the seats as candidates may not want to challenge a particular at-large Commission seat and prefer an open pool of candidates; that personal participation has occurred in many campaigns in the community; that attracting good candidates to run for Commission seats is difficult; that the electoral process has sometimes not been good in the City; that numbering the at-large Commission seats does not open the election process any further than the current election process; that no case law supports numbering the at-large Commission seats. Commissioner Hogle stated that the motion to hold a public hearing will be supported; however, numbering the at-large Commission seats may not be supported in the future; and quoted the minutes of the April 20, 1998, Regular Commission meeting as follows: Mayor Dupree stated that adopting designated seat requirements would be reverting to the previous election system; that his philosophy is not to fix something that is not broken; that the current election system has made possible cross-voting of black, white and Hispanic voters; that the necessity for a designated seat requirement is not perceived. Commissioner Hogle stated that his personal tendency is to agree; however, an open mind will be maintained. Mayor Cardamone stated that adopting a numbered seat requirement would require a Charter amendment adopted by a referendum of the community; that the concerns of Commissioner Quillin are heard; however, a strong opposite opinion exists; that the City has BOOK 46 Page 18836 11/01/99 6:00 P.M. BOOK 46 Page 18837 11/01/99 6:00 P.M. been sincerely protective of the outcome of the lawsuit which dictated the form of the City's elections; that the City has a long history of conducting elections using the current election system; that a change was made several years ago requiring a majority rather than a plurality vote which made good sense; that previously, the vote could be spread among numerous candidates with no candidate receiving majority voter support; that the American tradition is support by a majority of the people; that interested parties may choose not to run due to a concern not to unseat one incumbent while wishing to unseat the other incumbent; that from personal knowledge, the unnumbered at-large Commission seats has acted as a deterrent to potential candidates, which is not right; that philosophical disagreements may exist; that the community may not have an interest in changing the method of election. Commissioner Quillin stated that the City Charter was changed to require the election of candidates by a vote of 50 percent plus one vote. Vice Mayor Pillot stated that the two candidates receiving the most votes were elected in his first and second election; that subsequently, the City Charter was changed affecting the 1997 election. Mayor Cardamone stated that the election method has been changed once since the lawsuit; that enough elections had occurred to assure the revised election method would not cause concerns. Mayor Cardamone called for a vote on the motion to set the question of numbering the at-large Commission seats for public hearing at the earliest feasible date. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 18. APPOINTMENT RE: SARASOTA HOUSING AUTHORITY BOARD REAPPOINTED PEGGY ROBERTS (AGENDA ITEM NO. VIII-1) #2 (3610) through (3810) Mayor Cardamone stated that the terms held by Peggy Roberts and Valerie Buchand have expired; that both are eligible for reappointment; that applications have also been received from Ollie Williams and Diana Williams; that by State law, the Mayor brings an appointment for the Sarasota Housing Authority (SHA) Board to the Commission for confirmation; that the Commission is requested to confirm the reappointment of Peggy Roberts to the SHA Board. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to confirm the reappointment of Peggy Roberts to the Sarasota Housing Authority Board. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone stated that the appointment or reappointment to the seat for an SHA tenant is being withheld; that changes in the Federal legislation may result in a different manner of appointing a tenant representative to the SHA Board. Commissioner Mason asked if Ms. Buchand will remain on the SHA Board until an appointment or reappointment is made? Mayor Cardamone stated yes; that the changes in the Federal legislation are being explored and may result in the election of a tenant representative by the tenants; that three years ago, tenant election was personally advocated. Commissioner Quillin stated that the SHA Board does not have a representative from District 3; that the SHA Board is very important and should be representative of the entire City; that interested representatives from District 3 will be solicited for the next appointment if necessary. 19. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA NO. ITEM IX) #2 (3810) through (3810) COMMISSIONER QUILLIN: A. stated that the consensus at the last meeting of the Sarasota/Manatee Metropolitan Planning Organization (MPO) was Staff would report concerning the traffic signalization system after adjustments currently in progress are made; that the indication was the traffic lights should be synchronized. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION WILL : 1) SEND A WRITTEN REQUEST FOR INFORMATION CONCERNING THE SARASOTA COUNTY FAIRGROUNDS TO THE COUNTY AND 2) PROVIDE A REPORT CONCERNING PEDESTRIAN SAFETY ON OSPREY AVENUE (AGENDA ITEM NO. X) #3 (0080) through (1140) BOOK 46 Page 18838 11/01/99 6:00 P.M. BOOK 46 Page 18839 11/01/99 6:00 P.M. COMMISSIONER MASON: A. stated that an e-mail was received with three pages of addressees; that e-mail users should be advised a group of all appropriate addressees can be selected. B. stated that a nightmare with the open-air drug dealing in her neighborhood is being experienced and is frustrating. Commissioner Hogle stated that different tactics which can be used to work on the problem effectively were presented at a recent conference in Charleston, South Carolina; that the scheduled November 15, 1999, Commission workshop will provide an opportunity to consider the alternative approaches to the problem. Commissioner Mason stated that the drug dealing is very bad on Central Avenue; that some action is being taken; however, something is missing which is allowing the drug dealing to continue. Mayor Cardamone stated that drug sales have been discussed at the Commission table for a long time; that the existence of open drug dealing is inexcusable. Commissioner Quillin stated that the problem is understood, having previously lived in the area; that drug deals are openly conducted; that several communities have been visited; that inquiries have been made about other communities' problems with prostitution and drug dealing; that the response is a zero tolerance is allowed; that previous Commissions have indicated the City will have zero tolerance; that the City is cleaning up certain areas; however, certain pockets of trouble exist. Vice Mayor Pillot stated that zero tolerance does not mean disregard for the law will not occur; that zero tolerance exists for murder; however, murders occur; that 100 percent law enforcement to stamp out all crime in the City is not possible; that the identity of other cities which have been successful in stamping out all crime would be appreciated; that the drug problem exists throughout the world; that a city completely free of drug dealing is not known; that the City's law enforcement personnel are doing the job; that crime will exist unless a police officer is stationed at every corner. Commissioner Mason stated that drug dealing cannot be totally eliminated; however, a challenge is extended to change places; that the problem must be experienced; that Gillespie Park and the Rosemary District also suffer; that drug dealing exists on Lemon Avenue which is intended as a gateway to the downtown; that drug dealing is a cancer; that something should be done to control the problem. Vice Mayor Pillot stated that allocating additional funds to hire more police officers would be supported. Commissioner Quillin stated that additional police officers are not required; that other communities of comparable size have managed to control the problem. Vice Mayor Pillot stated that the actions of other communities are not relevant unless facts can be presented to confirm the contention. Commissioner Quillin stated that a broader scope should be considered; that the Police Chief also attended the conference in Charleston, South Carolina; that successful programs in other communities should be considered; that a fresh look is often required; that other communities do not hire more police officers but rather make existing programs work smarter; that the community policing programs in other communities are very exciting; that Delray Beach, Florida, accomplishes the task with less sworn police officers; that the City of Sarasota has the top police officers in the area; that many police officers are frustrated with the existing program; that the community must work together to find answers. Mayor Cardamone stated that during her six-year tenure, the Commissioners representing District 1 have emotionally expressed the same concern regarding open drug dealing; that taking care of the problem in the area would be smart business. City Manager Sollenberger stated that considerable effort has been put forth; that the arresting effort is not achieving the results; that the police have concentrated enforcement efforts in specific areas during the past yeari that the former Police Chief indicated crime responds to the hydraulic theory," i.e., crime moves to another location upon the application of pressure; that other approaches will be discussed at the November 15, 1999, Commission workshop; that considerable effort has been focused on the problem. BOOK 46 Page 18840 11/01/99 6:00 P.M. BOOK 46 Page 18841 11/01/99 6:00 P.M. Mayor Cardamone stated that the problem is not just law enforcement; that the Court Watch program reveals instances of individuals being in court 47 times in five years; that everyone should work together to solve the problem; that the City should have less crime than other comparably sized cities if the City has more police officers and more funds for law enforcement in the budget. Commissioner Quillin stated that Parole Watch is another program; that citizens speaking to the Parole Board can keep people in jail; that the City's existing Court Watch program is losing funding. Mayor Cardamone stated that the City recently contributed $25,000 to the Weed and Seed Program, which includes the Court Watch Program; that the November 15, 1999, Commission workshop should include case studies of the "revolving door" in the court system; that a way to stop the revolving door should be identified; that information concerning Court Watch, Crime Watch, etc., should be presented. Commissioner Hogle stated that the Narcotics Unit targets habitual, career offenders and has information available; that the State has a probation system rather than a parole system; that the City Manager was requested to consider funding for Court Watch as part of the request from the Greater Sarasota Action Team. Vice Mayor Pillot stated that other cities are not better than the City of Sarasota; that no one should deprecate the City. Commissioner Hogle stated that the City of Sarasota is great; that the efforts of the City's law enforcement personnel are firmly supported. COMMISSIONER QUILLIN: : A. stated that an advertisement for a gun show at the Sarasota County Fairgrounds which is in the City limits was recently seen; that gun shows are not allowed at the Municipal Auditorium; that gun shows should not be allowed in the City while the City is conducting gun buy-back programs; that other communities do not allow gun shows; and asked if interest exists to explore a ban on gun shows in the City limits. Mayor Cardamone stated that exploring a ban on gun shows in the City limits is not of interest. Commissioner Hogle agreed. Commissioner Quillin stated that constituents interested in a ban on gun shows in the City limits should be advised to come to the Commission table. Mayor Cardamone stated that an equal number of constituents are interested in gun shows. B. stated that the County has indicated an interest in loosening the restrictions in the lease of the Sarasota County Fairgrounds; that some of the restrictions may be associated with the original Payne gift of the land; that additional information should be obtained. Mayor Cardamone stated that the Sarasota Board of County Commissioners (BCC) should be requested to provide additional information such as the relationship with the Fair Board, the Fair Board's obligations to the community, the reason the Fair Board receives free police services from the City during Fair Week, etc.; that the arrangement is unusual; that sending a written request for additional information to the County is supported; that the BCC should be alerted the City will no longer provide free police service; that the City budgeted to provide 50 percent funding; that hearing the Commission's agreement, the Administration will send a written request for information concerning the Sarasota County Fairgrounds to the County. C. referred to an October 22, 1999, memorandum from the Police Chief to the City Manager concerning the New Year's Eve Downtown Millennium Celebration indicating the estimates for traffic and crowd control is approximately $13,665.75, which is not budgeted and stated that $100,000 is budgeted for the Millennium Celebrations. City Manager Sollenberger stated that the cost of traffic and crowd control will be requested from the New Year's Eve Downtown Celebration fund. D. stated that a meeting was held with the City Manager concerning fiber optics; that the Interlocal Agreement concerning the government access channel is being BOOK 46 Page 18842 11/01/99 6:00 P.M. BOOK 46 Page 18843 11/01/99 6:00 P.M. reviewed for opportunities which may be available to the City. MAYOR CARDAMONE: : A. stated that considerable activity is occurring at the intersection of Osprey Avenue and Hillview Street and continuing toward Hyde Park Street; that all the restaurants were filled during a recent drive through the area on a Friday evening; that an accident could be imminent; that the Commission previously considered implementing a 15-mile-per-nour speed zone; that some discussion occurred as to the hours of the speed zone; that pedestrian safety in the area should be addressed; that Morton's Market offered to assist with the development of a brick pattern at the intersection; and asked the status of pedestrian protection on Osprey Avenue. City Manager Sollenberger stated that a report will be provided. B. stated that a large number of agencies are purchasing land in the City and removing the property from the tax rolls; that 25 to 30 percent of the City's land is already off the tax rolls with schools, churches, government agencies, etc.; that regular taxpayer residents are paying for services for agencies; that a program involving a fee for service in lieu of taxes should be investigated; that the concern is not with existing agencies but rather new agencies entering the City or existing organizations which expand; that information concerning the services provided would be appreciated. City Manager Sollenberger stated that County stormwater management and fire/rescue services are financed through a non ad valorem assessment for all properties; that the County litigated the stormwater assessment and prevailed in a landmark case in the State. Mayor Cardamone stated that the City has the lowest millage in the State for comparably sized cities; that increasing the millage may be required in the future to pay for services provided; that a fee for service in lieu of taxes may not be advisable but is worth investigating. Commissioner Quillin stated that the Commission recently forgave approximately $56,000 for a payment in lieu of taxes for approximately five years from the Sarasota Housing Authority (SHA) i that the amount is minimal, less than $10,000 per year. City Attorney Taylor stated that the amount was negotiated at the time the SHA was first established; that State statutes provide for a payment in lieu of taxes by housing authorities; that concerning a similar issue, taxes are not assessed on new homes until the beginning of a new tax year; that certain communities initiated a payment in lieu of taxes, i.e., a service charge, for new homes for a partial year; that the service charge was ruled unconstitutionalz that the fee must be a fee for services and not a substitute for a tax. Mayor Cardamone stated that the interest is in a fee for service such as streetsweeping. City Manager Sollenberger stated that some services cannot be assigned to a particular property; that streetsweeping is part of the solid waste bill which is collected from everyone; that the largest portion of the City's budget is police services which cannot be ascribed to a certain property unless a formula is utilized; that other programs which could serve as a pilot could be investigated. 21. ADJOURN (AGENDA ITEM NO. XII) #3 (1140) There being no further business, Mayor Cardamone adjourned the Regular meeting of November 1, 1999, at 9:50 p.m. hiseeCase MOLLIE C. CARDAMONE, MAYOR ATTEST: OTA s Cli Eobense - 31 ELYE ROBINSON, CITY AUDITOR AND CLERK BOOK 46 Page 18844 11/01/99 6:00 P.M.