Book 35 Page 9963 12/20/93 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 20, 1993 AT 6:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Nora Patterson, Commissioners Fredd Atkins, Mollie Cardamone, and David Merrill, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance to the Flag. 1. PRESENTATION RE: RECOGNITION OF CITY OF SARASOTA EMPLOYEES FOR 1993/1994 UNITED WAY CAMPAIGN ACHIEVEMENTS #1 (0029) through (0213) Lynn Matthews, publisher of the Sarasota Herald-Tribune, stated that he is the current Campaign Chairman for United Way of Sarasota County; that he thanked the employees of the City for doing a fantastic job this year in surpassing their United Way goal. Mr. Matthews presented an Appreciation Award plaque to Mayor Pillot for the City employees' outstanding contributions to the United Way. William Davenport, Director of Human Resources, presented Recognition Certificates to the following Departmental Team Leaders: Florine Blake Patricia Frazier Karen McGowan Jane Robinson (accepting for Carolyn Mason) Delbert Rawlinson Joan Rola Mr. Davenport presented trophies to the following departments who had outstanding participation by payroll deduction: Office of the City Auditor and Clerk (60%) Human Resources (83%) Finance (58%) Office of the City Manager (57%) Building, Zoning and Code Enforcement (52%) Planning and Development (50%) 2. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR NOVEMBER, 1993 VIRGINIA WOLFGRAM, SENIOR PAYROLL SPECIALIST, FINANCE DEPARTMENT #1 (0214) through (0293) Gibson Mitchell, Director of Finance, and David C. Flatt, Accounting and Payroll Manager, came before the Commission and introduced Virginia Wolfgram. Mr. Mitchell stated that Ms. Wolfgram is the Senior Payroll Specialist in the Accounting and Payroll Department; that Ms. Wolfgram prepares paychecks for approximately 900 employees each week; that he is proud Ms. Wolfgram is the Employee of the Month. Mr. Flatt stated that Ms. Wolfgram baked 55 dozen cookies for The Salvation Army and Meals on Wheels program this past weekend; that tonight she will bake an additional 15 dozen; that Ms. Wolfgram is one of the Most dedicated and conscientious employees in the City; that it is. is pleasure for him to have Ms. Wolfgram work on his Staff. Mayor Pillot presented Ms. Wolfgram with a plaque and certificate for Employee of the Month for November 1993 in appreciation of her unique performance with the City of Sarasota and congratulated her for her outstanding efforts. 3. APPROVAL OF MINUTES (AGENDA ITEM I) #1 (0299) through (0301) There were no minutes to approve. 4. BOARD ACTIONS REPORT RE: BOARD OF ADJUSTMENT'S REGULAR MEETING OF NOVEMBER 24, 1993 = ACCEPTED REPORT (AGENDA ITEM II-1) #1 (0302) through (0427) William Hewes, Director of Building, Zoning and Code Enforcement, and Ernest Babb, Board Member of the Zoning Board of Adjustment, came before the Commission. Mr. Babb stated that the Zoning Board of Adjustment had approved an extension of a noncontroversial variance; that City Staff talked to the County about the County taking control of the City's docks; that the County stated that they could not provide any assistance without money from the City; however, would be glad to take control of all management of the City's waterfront, which includes all seawalls, revetments, and docks; that the Zoning Board of Adjustment did not feel giving the County control of all the City's docks was a good choice. Mr. Babb continued that the proposed ordinance on docks is continuing and will probably be presented to the City Commission in about a month. Book 35 Page 9964 12/20/93 6:00 P.M. Book 35 Page 9965 12/20/93 6:00 P.M. Vice Mayor Patterson asked how the County's program for reviewing docks is funded? Mr. Hewes stated that part of the funding comes from fees; that the County told him that the same fees would be charged (to review City docks) but feel an additional staff person would have to be added and would expect that the City would make up the difference between the fees and the staff person's salary. Vice Mayor Patterson stated that it seems to her that the city taxpayers already make up the difference between the County's fees and staff costs; that if the County funding comes from the General Fund, she feels this is an unrealistic attitude on the part of the County. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to accept the report of the Zoning Board of Adjustment. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 5. CONSENT AGENDA NO. 1 = - ITEMS 1 THROUGH 13 APPROVED (AGENDA ITEMS III-A-1, -2, -3, -4, -5, -6, -7, -8, -9, -10, -11, -12, AND -13) #1 (0429) through (0448) 1. Approval Re: Set for Public Hearing proposed Ordinance No. 94-3764, amending Chapter 29.5, Site Improvements Engineering Design Criteria, by deleting therefrom Section 29.5, future right-of-way lines, Subsections (c), (d), (e), (f), and (g). ; repealing ordinances in conflict; etc. 2. Approval Re: Fourth Amendment to the lease agreement between the City of Sarasota and J.H. Floyd Sunshine Manor, Inc. 3. Approval Re: Authorization for Mayor and City Auditor and Clerk to execute a three-party agreement between J.H. Floyd Sunshine Manor, Inc., NationsBank of Florida and the City of Sarasota relative to a leasehold mortgage for J.H. Floyd Sunshine Manor lease 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Pedestrian Easement at the drop-off driveway along Lasula Court (between Waldemere and Floyd Street) for the Waldemere Medical Plaza (Sarasota Memorial Hospital) 5. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute the First Amendment to the Professional Services Contract with Environmental Science and Engineering, Inc. (RFP #93-19), for implementing the Contamination Assessment Plan for the closed land field underlying the Ed Smith Stadium Complex 6. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute a Second Amendment to the Professional Services Contract with Environmental Science and Engineering, Inc. (RFP #92-49), for additional work in permitting the discharge of processed wastewater from the Water Treatment Plant 7. Approval Re: Housing Rehabllitation Loan to Hispanic American Alllance 8. Approval Re: Authorize the Mayor to submit the 1993/1994 Comprehensive Housing Affordability Strategy (CHAS) on behalf of Sarasota County and the City of Sarasota 9. Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute a Professional Services Contract with Stirling & Wilbur Engineering Group, Sarasota, Florida to provide the engineering design services for the repair of eighteen (18) City bridges 10. Approval Re: Request of the Sailing Squadron to construct proposed improvements and to waive the escrowing of construction funds, as required in the lease agreement 11. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Cooperative Funding Agreement with the Southwest Florida Water Management Distributor (SWFWMD) & the Manatee Basin Board 12. Approval Re: Authorize the Mayor and city Auditor and Clerk to execute a contact to Central Florida Contractors, Inc., S. Pasadena, Florida (Bid #94-25), for sidewalk and curb replacement 13. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Third Amendment to the Agreement for Engineering Services with Smally, Wellford & Nalven, for the Civic Center Improvement Project On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to approve Consent Agenda No. 1 Items 1 through 13. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 6. CONSENT AGENDA NO. 2 = ITEM 1 (RESOLUTION NO. 94R-692) ADOPTED; ITEM 2 (RESOLUTION NO. 94R-700) = ADOPTED; ITEM 3 (RESOLUTION NO. 94R-701) POSTPONED TO BE CONSIDERED WITH AGENDA ITEM VIII-1); ITEM 4 (RESOLUTION NO. 94R-703) Book 35 Page 9966 12/20/93 6:00 P.M. Book 35 Page 9967 12/20/93 6:00 P.M. ADOPTED; ITEM 5 (RESOLUTION NO. 94R-704) - ADOPTED; ITEM 6 (RESOLUTION NO. 94R-705) ADOPTED; ITEM 7 (ORDINANCE NO. 93-3696) - ADOPTED; ITEM 8 (ORDINANCE NO. 93-3720) - - ADOPTED; ITEM 9 (ORDINANCE NO. 93-3721) - ADOPTED; ITEM 10 (ORDINANCE NO. 93-3730) ADOPTED; ITEM 11 (ORDINANCE NO. 93-3741) - ADOPTED; ITEM 12 (ORDINANCE NO. 94-3757) = ADOPTED; ITEM 13 (ORDINANCE NO. 94-3763) ADOPTED (AGENDA ITEMS III-B-1, -2, -3, -4, -5, -6, -7, -8, -9, -10, -11, -12, AND -13) #1 (0449) through (0740) Vice Mayor Patterson requested that Item 3 be removed for discussion. City Auditor and Clerk Robinson read proposed Resolution Nos. 94R-700, 94R-703, and 94R-704 in their entirety and proposed Resolution Nos. 94R-692 and 94R-705 and Ordinance Nos. 93-3696, 93-3720, 93-3721, 93-3730, 93-3741, 94-3757, and 94-3763 by title only. 1. Adoption Re: Proposed Resolution No. 94R-692, accepting abatement of nuisance and cost reports pertaining to the trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 94R-700, appropriating $32,085 from the Special Law Enforcement Trust Fund (forfeitures) to purchase 115 ballistic vests for the Police Services Bureau; etc. 4. Adoption Re: Proposed Resolution No. 94R-703, appropriating $1,400 from the Special Law Enforcement Trust Fund (Forfeitures) to purchase an electronic noise-logging decimeter for the Police Services Bureau 5. Adoption Re: Proposed Resolution No. 94R-704, appropriating $20,500 from the Special Law Enforcement Trust Fund (Forfeitures) to purchase equipment and training for the Special Weapons and Tactics unit of the Police Services Bureau 6. Adoption Re: Proposed Resolution No. 94R-705, vacating portions of one plat located within the City of Sarasota as petitioned by William E. McComb and Eleanor McComb, husband and wife, and Clayton E. Bredlau; said plat being within the following subdivision: Paradise Shores subdivision, as more particularly described hèrein; etc. (Title Only) 7. Adoption Re: Second reading of proposed Ordinance No. 93-3696, to vacate a portion of Serena Street described as follows: begin at the intersection of the northerly right of way line of Serena Street and the westerly right of way line of Bailey Road, go south 89 degrees, 52 minutes west 483.80 feet along the south line of Block H of the subdivision of the NE 1/4 of Section 21, Township 36S, Range 18E as recorded in Plat Book 4, Page 29 of the Public Records of Sarasota County, Florida, thence south 50 feet to the north line of Block D of said subdivision, thence north 89 degrees, 52 minutes east 483.87 feet to the intersection of the south line of Serena Street with the west line of Bailey Road, thence north 00 degrees, 05 minutes, along the west line of Bailey Road to the point of beginning; more particularly described herein; etc. (Title Only) (Petition No. 92-SV-02, James R. Keys, First Church of the Nazarene) 8. Adoption Re: Second reading of proposed Ordinance No. 93-3720, vacating a part of 19th Street (50 feet wide); begin at the westerly right of way line of N. Osprey Avenue and 19th Street and run west to the westerly line (extended) of the east 100 feet of Block 5, Orange Avenue Heights Subdivision as recorded in Plat Book 1 Page 144 of the Public Records of Sarasota County, Florida; etc. (Title Only) (Petition No. 93-SV-03, Ritter, J.H. Floyd Sunshine Manor) 9. Adoption Re: Second reading of proposed Ordinance No. 93-3721, amending Chapter 36, Vehicles for Hire, by deleting therefrom Division 2, Police identification card, as found within Article II, taxicabs and other vehicles for hire; by adding thereto the requirement that a license holder register its drivers with the City and provide proof that the license holder has conducted a criminal history and drivers records check of drivers; repealing ordinances in conflict; etc. (Title Only) 10. Adoption Re: Second reading of proposed Ordinance No. 93-3730, to rezone from RMF-2 Zone District to MCI Zone District the following described property: Lots 9, 10, 11, 12 and 13, and part of Lot 14, Block A, Montrose Place Subdivision as recorded in Plat Book 2, Page 116, of the Public Records of Sarasota County, Florida and also the southerly 25 feet of vacated Tami Sola Street adjacent to the northerly side of aforesaid Lots 12, 13, and part of Lot 14, Block A, Montrose Place Subdivision; said property being more particularly described herein; etc. (Title Only) (Petition No. 93-CO-04, Merri1l/Y.M.C.A.) Book 35 Page 9968 12/20/93 6:00 P.M. Book 35 Page 9969 12/20/93 6:00 P.M. 11. Adoption Re: Second reading of proposed Ordinance No. 93-3741, amending Chapter 26, Police, by deleting therefrom Article IV, registration of certain employees; repealing ordinances in conflict; etc. (Title Only) 12. Adoption Re: Second reading of proposed Ordinance No. 94-3757, establishing a moratorium on the issuance of building permits for the construction of structures located on docks for a period of ninety (90) days, as set forth herein; making findings as to the necessity for said moratorium; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) 13. Adoption Re: Second reading of proposed Ordinance No. 94-3763, amending Chapter 14, Article VI of the Sarasota City Code pertaining to emergency rescue and transfer fees to clarify the application of fees for advance life support for rescue or transfer services within the City of Sarasota; providing for the repeal of ordinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; providing for a penalty for violations; etc. (Title Only) On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 2 Items 1 and 2 and 4 through 13. Mayor Pillot requested City Auditor and Clerk Robinson to proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 3. Adoption Re: Proposed Resolution No. 94R-701, authorizing the filing of a grant application for $50,000 of State funds from Florida Department of Natural Resources for the 6th Street Lagoon Boardwalk; etc. (Title Only) Vice Mayor Patterson stated that Item 3 is in regard to an application for a grant to construct the bridge across the canal from Selby Library to the Van Wezel Performing Arts Hall parking lot; that the grant is going to pursue 100% funding; that she is concerned because she has not seen too many grants provide 100% funding; that she feels the proposed bridge is one of the best things about the (lagoon restoration) project; that if there is not a realistic belief that 100% funding will be granted, she feels the City should provide matching funds. city Manager Sollenberger stated that if the City provides funding, the opportunity for grant funding by the State will be enhanced; that the State will provide grants up to $50,000 on an unmatched basis; however, he cannot say what the City's chances are for successfully obtaining an unmatched grant; that the most likely match would probably be a 50/50 one. Vice Mayor Patterson stated that she would like discussion of Item 3 to be postponed until the Commission's later discussion of L.0.S.T. (Local Option Sales Tax) dollars under Agenda Item VIII-1. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to postpone Consent Agenda No. 2 Item 3 to be considered with Agenda Item VIII-1. Motion carried unanimously: (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot stated that he wanted to congratulate Billy Robinson, City Auditor and Clerk, on the high honor of being named the National Parliamentarian of the National League of Cities. Mayor Pillot stated that public hearings are advertised for 6:30 p.m. Since it was not that time, it was the consensus of the Commission to hear Scheduled Presentations Agenda Item V-1 at this time. 7. SCHEDULED PRESENTATIONS PRESENTATION RE: RENOVATIONS TO THE FLORIDA WEST COAST SYMPHONY HALL BUILDING APPROVED THE PROPOSED IMPROVEMENTS TO THE FLORIDA WEST COAST SYMPHONY HALL IN ACCORDANCE WITH PLANS PRESENTED BY GARY HOYT, ARCHITECT, AND AUTHORIZED THE CITY ATTORNEY'S OFFICE TO PREPARE AN AMENDMENT TO THE LEASE AGREEMENT PERMITTING THE CONSTRUCTION AND SETTING FORTH REQUIREMENTS FOR CONTRACTING, BONDING, INSURANCE, AND FUNDING AND AUTHORIZED THE MAYOR WITH THE CITY AUDITOR AND CLERK TO EXECUTE SAME (AGENDA ITEM V-1) #1 (0768) through (0916) City Manager Sollenberger stated that the Staff recommends approval of the renovations being proposed. Gary Hoyt, project architect, and Neil Moody, President of the Florida West Coast Symphony Board, came before the Commission. Mr. Hoyt stated that the Florida West Coast Symphony building has never had a lobby; that an actual lobby area is being proposed by creating a glass colonnade in the front of the building; that the lobby will make the building more functional and allow aesthetic concerns about the exterior of the building to be addressed. Mr. Moody stated that the building campaign has been started with $100,000 pledged from Bea Freidman; that the total cost of the project will be approximately $600,000; that the Symphony has over $400,000 in cash and pledges thus far and he is very excited about the project. Book 35 Page 9970 12/20/93 6:00 P.M. Book 35 Page 9971 12/20/93 6:00 P.M. Mr. Sollenberger stated that the Administration recommends approval of the proposed improvements to the Florida West Coast Symphony Hall in accordance with plans presented by Gary Hoyt; that the Administration also recommends that the City Attorney's Office be authorized to prepare an amendment to the lease agreement permitting the construction and setting forth requirements for contracting, bonding, insurance, and funding; that the Mayor with the City Auditor and Clerk be authorized to execute same. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to approve the proposed improvements to the Florida West Coast Symphony Hall in accordance with plans presented by Gary Hoyt, architect, and to authorize the City Attorney's Office to prepare an amendment to the lease agreement permitting the construction and setting forth requirements for contracting, bonding, insurance, and funding and to authorize the Mayor with the City Auditor and Clerk to execute same. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot stated that public hearings are advertised for 6:30 p.m. Since it was not that time, it was the consensus of the Commission to hear Scheduled Presentations Agenda Item V-2 at this time. 8. SCHEDULED PRESENTATIONS - PRESENTATION RE: PRIVATE MANAGEMENT OF BOBBY JONES GOLF COURSE = NO ACTION TAKEN (AGENDA ITEM V-2) #1 (0922) through (1118) David Page, President of Royal Oak Development Corporation, Fred Armstrong, Vice President of Royal Oak Development Corporation, and John Greer, Vice President of Royal Oak Development Corporation and professional golfer, came before the Commission. Mr. Armstrong stated that private management of golf courses is taking place in a lot of communities around the country; that in 1990 he retired after 28 years as Controller of the City of Indianapolis; that the City of Indianapolis privatized its golf course a year ago; that it is sometimes difficult for government to get the necessary capital to do the things that are necessary for golf courses; that Royal Oak Development Corporation thinks it could improve the service and help the community by private management of the (Bobby Jones Golf) facility. Mr. Armstrong continued that Royal Oak Development has a lot of experience in both government and golf coursesi that he handled money for the PGA in 1991 and the U.S. Open in 1993. City Manager Sollenberger stated that the Administration recommends that the proposal be rejected for two reasons; that a year and a half ago the National Golf Foundation (NGF) looked at management options for the Bobby Jones Golf Course and the preferred management option recommended by NGF was continued operation by the City; that if the City were to consider privatization, the matter should be put out for competitive proposals. Mr. Armstrong stated that he contacted the National Golf Foundation regarding the recommendations; that the NGF led him to believe that the opinion to recommend continued operation by the City was put in because of the capital items and the debt service; that Royal Oak Development will guarantee the capital items and debt service. Vice Mayor Patterson stated that she was not interested in pursuing this at this time. The Commission took no action on this presentation. Mayor Pillot requested that City Auditor and Clerk Robinson explain the public hearing process. Mr. Robinson stated that at this time the petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes; that he will time speakers and advise them when they have 1 minute remaining. All individuals wishing to speak during the public hearings were requested to stand and be sworn in by City Auditor and Clerk Robinson. 9. PUBLIC HEARING RE: PROPOSED SPECIAL EXCEPTION PETITION NO. 93-SE-16, TO PERMIT A SOCIAL SERVICES FACILITY (NO TRANSIENT LODGING OR OVERNIGHT SLEEPING) IN A COMMERCIAL INTENSIVE (CI) ZONE DISTRICT ON THE FOLLOWING DESCRIBED PROPERTY: LOTS 12 AND 14, BLOCK 23, PLAT OF SARASOTA, AS RECORDED IN PLAT BOOK A, PAGE 66, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, A/K/A 501/513 KUMQUAT COURT; ETC (PETITION NO. 93-SE-16, JIMMY DEAN, PRESIDENT, RESURRECTION HOUSE, INC.) - APPROVED PROPOSED SPECIAL EXCEPTION PETITION NO. 93-SE-16, WITH THE STIPULATION OF NO OVERNIGHT TRANSIENT LODGING AND THAT RESURRECTION HOUSE PROVIDE LITTER RECEPTACLES AROUND THE BOUNDARIES OF THE FACILITY (AGENDA ITEM IV-1) #1 (1156) through #3 (2329) Jane Robinson, Director of Planning and Development, came before the Commission and stated that the issue is a special exception for a social services facility located between 6th Street and 4th Street in a Commercial Intensive (CI) Zone District which is bounded by residential and nonresidential uses; that the Planning Board and the Planning Staff found this proposal consistent with the Comprehensive Plan and that the criteria in Section 3-11 of the Zoning Code had been satisfied; that the findings were based in part by the information and background material submitted by the applicant and the Police report addressing crime statistics in the Book 35 Page 9972 12/20/93 6:00 P.M. Book 35 Page 9973 12/20/93 6:00 P.M. area. Ms. Robinson continued that the Development Review Committee found that the technical review criteria had been met. City Attorney Taylor stated that for the general information of the public, the Commission is now operating under a recent decision of the Florida Supreme Court which makes proceedings of this type quasi-judicial in nature; that this ruling means there will be a slight change in the formatting of the way the Commission proceeds in that the Resurrection House, who is the petitioner, has a court-imposed burden of proof to come forward to present specific facts as to how this particular use meets the criteria of Section 3-11 of the City's Zoning Code, which contains a number of standards; that if the use requested cannot meet the standards, it is the duty of the Sarasota City Commission to deny the request. Attorney Taylor continued that the Commission may interrupt the petitioner and ask specific questions because the new proceedings under the quasi-judicial method are based on stating facts for the record that have to do with the particular use and its impact on the surrounding neighborhood and whether or not the use is compatible with the provisions of the City's Zoning Code. Attorney Taylor stated that under the quasi-judicial method, Commissioners are not supposed to have contact with the petitioner or other concerned parties to these proceedings; that Commissioner Cardamone recently told him that she had attended a neighborhood association meeting without knowing that this petition would be the subject matter of the meeting; that on one occasion Commissioner Cardamone had contact with one of the principals of the Resurrection House where a brief discussion was held concerning this matter; that this proposes a problem because the Supreme Court ruling says that where ex parte communications have taken place there is a presumption of prejudice and a party aggrieved by this prejudice has access to the Court to invalidate the proceedings and require that the proceedings be conducted again. Attorney Taylor stated that Commissioner Cardamone asked him whether she should participate in tonight's discussion; that he told Commissioner Cardamone that she should participate because the Snyder case also recognizes that the question of prejudice is one of raising a presumption, which is rebuttable; that the standards for rebutting the presumption are simple; that a step toward curing the question of prejudice would be if Commissioner Cardamone states on the record that she will be bound in her deliberations and influenced only by what takes place at tonight's meeting; that it is his understanding that both the individual Commissioner Cardamone talked to privately as well as representatives of the community organization are present tonight for the purposes of presenting the same matters to the City Commission that may have been discussed with Commissioner Cardamone; therefore, under these circumstances, he feels it is appropriate for Commissioner Cardamone to participate in the proceedings. Commissioner Cardamone stated that she desired to participate in the discussion tonight. Vice Mayor Patterson stated that she too was contacted by two members of the public, one in favor and one against this petition; that she immediately pointed out that she could not discuss the issue; that it is difficult for people in a political situation, who are not really recognized as judges by the general public, to operate in a vacuum. Vice Mayor Patterson continued that if the Commissioners are to base decisions on whether a petitioner has met the particular qualifications of the Zoning Code, it would be helpful to have the portions of the Zoning Code that are applicable included in the back-up material. Attorney Taylor stated that he feels it would be sufficient to take care of the problem if a Commissioner will go on record as saying that the matters did not influence the vote and that the Commissioner will consider the evidence and vote on the evidence as presented. Commissioner Cardamone stated that even though she was party to a discussion at a neighborhood association meeting, she does not feel her mind has been prejudiced for or against the case to be heard tonight. Jimmy Dean, President of the Board of the Resurrection House, Bob Kyllonen, Executive Director of the Resurrection House, and Attorney Ted French of Dickinson and Gibbons, who represents the Resurrection House, came before the Commission. Attorney French stated that the petitioner's presentation would be approximately 20 to 30 minutes, which he feels is necessary because the record must be documented with facts so that the Commission can support a decision in favor of the Resurrection House. Attorney French stated that the Planning Board and the Planning and Development Department have gone through the (public hearing) process and have heard all of the facts on this matter; that a prior determination was made that all of the requirements of Section 3-11 of the Zoning Code have been met; that he feels the Planning Board and the Planning Staff were empowered to make this decision. Attorney French continued that the Planning Board decided that the Resurrection House should do the following: provide litter receptacles around the boundary of the facility, engage in 30 minutes of litter control each day of operation, Book 35 Page 9974 12/20/93 6:00 P.M. Book 35 Page 9975 12/20/93 6:00 P.M. make a good faith effort to cooperate with the local neighborhood establishment to resolve the issues relating to the conduct of the clients, and not permit overnight sleeping or transient lodging. Attorney French stated that the Resurrection House is agreeable to all of these restrictions; that it is his understanding there was an initial problem with the records of the Planning Board's meetings; that he would like the record to reflect that the meetings were held and the recommendations and findings were actually made. Attorney French continued that Section 8-111 of the Zoning Code defines a permitted use in a Commercial Intensive Zone and the Resurrection House does not do anything that is not allowed as a permitted principal use; that the Resurrection House is applying for a special exception because it operates the following: a second-hand merchandise sales facility in a completely enclosed building, self-service laundry facilities, employment offices, professional and business offices, a house of worship, and an auditorium. Attorney French stated that all of the above are permitted uses; that he thinks approving this application is not only legally right and correct, but is the right thing to do. Mr. Dean stated that he is President of the Board of the Resurrection House; that he has lived in Sarasota for the last 14 years; that he is the owner of Clubhouse Publishing, which publishes Sarasota Magazine and several other periodicals; and that he owns an office building in downtown Sarasota. Mr. Dean stated that he would like to acknowledge the Resurrection House family of supporters who are present to demonstrate to the City Commission the concern about this special exception and asked everyone present in support of the Resurrection House to stand. The majority of the audience stood at this time. Mr. Dean stated that in 1986 the rector of the Church of the Redeemer became very concerned over the number of homeless he saw each morning sleeping under the shrubbery at the church; that the rector turned to vestryman Bob Kyllonen and asked him to form a coalition of downtown area churches to help these people; that the coalition of downtown churches consists of the Church of the Redeemer, First Christian Church, First United Methodist Church, First Congregational UCC, First Presbyterian Church, and Grace Fellowship. Mr. Dean stated that Mr. Kyllonen was sent to cities near and distant to examine programs that were running; that he personally studied the problem at great length in Santa Barbara, California, which is a city similar to Sarasota whose homeless problem is ten years worse than ours. Mr. Dean continued that the problem is a symptom of today's economic climate; that corporate downsizing displaces many individuals, who we call the new poor; that the homeless are often displaced workers who began a severe downward spiral following unemployment. Mr. Dean stated that it was discovered that there is an element within the homeless community that is chronic; that vagrancy is the lifestyle of choice of some people; that the doors of the Resurrection House are initially open to all; however, it was determined that the enabling of the chronic would be programmatically prevented at the Resurrection House. Mr. Dean stated that in order to be successful, it was determined that a syllabus or tight program was needed that would lead to the following three objectives of a daytime shelter where the homeless could gather to: improve themselves with showers and haircuts, wash clothes, and find a compassionate friend to listen to each person's story and try to help. Mr. Dean stated that it was determined that overnight lodging was inappropriate for the Resurrection House's work since that would duplicate services; that the goal and mission of the Resurrection House is "Back to work Get a room. Mr. Dean stated that it was discovered that the Resurrection House would only fit in a CI Zone District; therefore, operations commenced in The Salvation Army building space loaned to them; that he feels this is significantly important because it signals the beginning of the Resurrection House's cooperation with the City of Sarasota. Mr. Dean stated that the records document that the Resurrection House sees between 60 and 100 clients a day; that it is a myth that the homeless are like "snowbirds" because August has shown the highest population with slightly over 100 clients. Mr. Dean continued that after two years of diligently working with the City Staff to find any property within the CI Zone District that would be suitable, the Resurrection House purchased the building at 501-513 Kumquat Court 100 feet from the Resurrection House's existing facility, where they have been in operation for three years without any problems. Book 35 Page 9976 12/20/93 6:00 P.M. Book 35 Page 9977 12/20/93 6:00 P.M. Mr. Dean stated that alcohol continues to be the drug of choice (for many of the clients) and the Resurrection House is determined that space is needed for continuous AA (Alcoholics Anonymous) meetings; that the Resurrection House has a simple rule in place that if alcohol is found on the premises, the facility is shut down for 30 minutes. Mr. Dean continued that the people hate this punishment so much that the people admonish one another and being caught with alcohol is a slap in the face of the entire community and alcohol is rarely found now. Mr. Dean stated that the extra space in the larger facility is needed so that the job search assistance program can be expanded because this is the secret measure that leads to recovery; that the work at the Resurrection House has been so productive that Job Service of Florida visits several times a week and puts people to work. Mr. Dean displayed a slide showing the condition of the property on Kumquat Court before and after renovation. Mr. Dean stated that a study of crime authored by Police Captain Stan Carter was made at the request of the City Staff; that the study says that "the level of service demands shows no signs of increase due to the presence of the Resurrection House in this service sector. Mr. Dean displayed slides showing the cramped conditions of the Resurrection House's present facility. Attorney French stated that he wanted to read the Staff Recommendation (from Minutes of Meeting of the Planning Board/Local Planning Agency of November 3, 1993) into the record as follows: This project will not degrade the adopted level of service for transportation, storm water management, recreation, open space, solid waste, wastewater and potable water. Attorney French stated that he wanted the memorandum, indicated by Mr. Dean, from Captain Stan Carter submitted as evidence. Mr. Kyllonen presented pictures of the subject area to the Commission for their review. Mr. Kyllonen stated that the Resurrection House will do whatever it can to stabilize the neighborhood and will comply with anything the City requires. Vice Mayor Patterson stated that at one time the City Commission voted approval for the Resurrection House to renovate a facility on 10th Street which was an old historic building (former pump house owned by the City); that she had felt this site was fairly noncontroversial as it was not surrounded by newly struggling businesses and set well back from a residential area as well; that almost no one spoke against this location. Vice Mayor Patterson asked why the Resurrection House chose not to pursue this particular property on 10th Street? Mr. Dean stated that concurrency was encumbering the Resurrection House to put in a lot of infrastructure at it expense and the price tag was approaching $500,000. Vice Mayor Patterson asked what type of infrastructure was being required? Mr. Dean stated that the infrastructure was sidewalks, moving water, and water mains. Vice Mayor Patterson stated that she was surprised that the Resurrection House did not come back to the Commission to try to facilitate the (10th Street) property. Vice Mayor Patterson stated that the Resurrection House presented to the Planning Board that its presence is inoffensive to the neighborhood since overnight facilities are not provided; that from her perspective she does not feel this is an advantage because she wonders where the people spend the night who come to the Resurrection House during the day. Mr. Kyllonen stated that The Salvation Army provides places for people to spend the night; however, the people must leave The Salvation Army facility at 6:00 a.m. and not return until 6:00 p.m. Vice Mayor Patterson asked the hour that people are required to leave the Resurrection House? Mr. Kyllonen stated 4:30 p.m. Vice Mayor Patterson asked where the people go at 4:30 p.m.? Mr. Kyllonen stated that the people stay wherever they can; that all of the people who come to the Resurrection House do not stay at The Salvation Army. Mr. Kyllonen stated that the objective of the Resurrection House is not to start with a flophouse type of facility where there is no control as some cities have done; that the main objective is to get people off the street. Vice Mayor Patterson stated that she feels the problem for a business or homeowner in the immediate area is that the people who use the kind services of the Resurrection House have to sleep somewhere; that if the people are not fortunate enough to have a berth at The Salvation Army, her fear is that the people will spend the night in a street in front of the homes, on someone's lawn, or elsewhere as opposed to within the walls of the Resurrection House's facility; that she had hoped that the Resurrection House knew where the people slept. Book 35 Page 9978 12/20/93 6:00 P.M. Book 35 Page 9979 12/20/93 6:00 P.M. Mr. Kyllonen stated that the people sleep in the shrubbery, around buildings, in abandoned vehicles, in abandoned houses, under bridges, and in refrigerator boxes. Vice Mayor Patterson asked whether the Resurrection House feels this is compatible with the area? Mr. Dean stated that he feels it is totally unacceptable behavior; that the Resurrection House has put people back to work and the people have gotten a room. Vice Mayor Patterson stated that the difficulty is finding a location where the negative impact is not as apparent to the community, which is why she had hoped the 10th Street property would be used instead. City Attorney Taylor distributed copies of the Zoning Code standards (for special exceptions) to the Commission and displayed the standards on the overhead projector for the audience as well. Mayor Pillot stated that Attorney French made the comment that the report of the Planning Board inferred that some, if not all, of the (Zoning Code) criteria have been examined by the Planning Board; that the positive recommendation seems to suggest that the criteria have been satisfied. Attorney Taylor stated that was correct; that tonight's public hearing is not even required for a special exception; that the special exception process takes place before the Planning Board based upon input from the Planning Staff and the Planning Board's public hearing process conducted; that the trouble is that there were two public hearings; that the tape was either not turned on or malfunctioned at the second public hearing when the final discussion took place and the vote was taken; therefore, there is no record of the meeting. Mayor Pillot opened the public hearing and the following individuals came before the Commission: Reverend Oliver Carlson, 3210 Oakwood Boulevard S. representing the Resurrection House, stated that he is a member of the Board of Directors of the Resurrection House and has been a citizen of Sarasota since 1979; that he is a retired minister; that he supports the application of the Resurrection House to receive a special exception to move its operation from 1560 6th Street to 507 Kumquat Court, which is 100 feet south of the present location; that he feels it is ridiculous to oppose the move to the larger facility which is designed to expand the ministry of constructive rehabilitation of homeless people in the community; that there seems to be a misunderstanding on the part of the downtown merchants as to the purpose and work of the Resurrection House, which is to offer self-respect and simple human dignity to those at the edge of society; that the homeless clients serviced day by day include the following: (1) mothers and fathers fleeing abusive homes, (2) alcohol and drug abusers, (3) young dropouts, (4) emotionally unstable with disabilities, (5) single, divorced, or abandoned women with children, (6) families economically unable to save their homes, and (7) transients with complex problems. Reverend Carlson continued that the larger facility will allow expansion of services to include literacy classes, skill training, and some career training. Commissioner Cardamone stated that she would like each speaker to tell the Commission if they live and/or work in the City of Sarasota. Lee Halstead, 2945 51st Street, representing the Hispanic American Alliance, stated that he is also representing his wife, Yolanda Beltran-Halstead, who is Director of the Hispanic American Alliance; that he and his wife strongly support the Resurrection House; that many are not aware of how many homeless are in the area; that the work of the Resurrection House is such that nobody else is covering this particular facet of service; that the Hispanic American Alliance works closely with the Resurrection House; and that he recommends approval. Betsy Kelley, no address given, stated that she lives at Jefferson Center; that she is old enough to have lived through the Great Depression; that her father was a master carpenter and built homes in Westchester County for Major Bowes from The Amateur Hour, Red Barber, the baseball player, and worked on Rockefeller Center; however, when the Depression came, nobody was building houses and he lost his job; that her family was fortunate enough to have a roof over their heads; that people lose their jobs, homes, and hope; that she highly resents that homeless people have been classed as alcoholics, drunks, and bums; that many people are down on their luck and the Resurrection House gives people a place to take a shower and wash clothes and give them hope; that Jack Conway with the Community Housing Corporation is trying to help by providing affordable housing; that Sarasota will not have slums if there is low-cost housing that is owner operated. Thomas Funsch, homeless, representing the Resurrection House, stated that his mailing address is the Resurrection House; that contrary to Commissioner David Merrill's statement in this morning's newspaper, he is not an alcoholic nor a drug addict and not mentally unstable; that Commissioner Merrill's ethics should be questioned when he judges the Resurrection House issue before the public hearing; that it is a fact that the Resurrection House has helped him by providing a uniform and money for gas so he could get his present job; that the Resurrection House washed; dried, and folded his laundry until he got a paycheck; that using the telephone at the Resurrection House helped him get his job; that he receives checks by using the address of the Resurrection House; Book 35 Page 9980 12/20/93 6:00 P.M. Book 35 Page 9981 12/20/93 6:00 P.M. that the homeless were in the downtown area before the Resurrection House opened but were on Main Street; that the Resurrection House helps people who fall through the cracks. Mr. Funsch continued that human dignity is pretty cheap when the Resurrection House can help 70 to 80 people every day on a $200,000 annual donated budget. Dick Tesar, 3903 Linwood Street, representing the Resurrection House, stated that he is a retired contractor and realtor; that he is a volunteer at the Resurrection House; that he feels that if the Commission looks at the facts, the Resurrection House has met the criteria that has been set; that the Planning Board and the City Staff have approved the request and feels the Commission needs to act upon this (approval). Ray C. Grills, 340 W. Royal Flamingo Drive, representing the Resurrection House, stated that he has lived on Bird Key for 20 years; that the homeless people have been in the area a long time; that someone asked where these homeless people sleep; that he knows that many sleep behind the Selby Library; that he hopes that the Commission will approve the request of the Resurrection House, but whether it is approved or not, the homeless people will be here. Richard Martin, 2301 Ringling Boulevard, stated that he has been a resident of Sarasota since 1934; that he owns property in the downtown area; that he is in favor of the Resurrection House and what they are attempting to accomplish; that he has to police his property for the litter of wine, beer, and whiskey bottles; that he recently had to wipe some feces off of the window of his lounge because someone saw fit to write a message on the glass; that he understands that Joe Lovingood's office on School Avenue was burned as a result of two homeless men; that he would like to see more responsibility on the part of the social agencies; that he was impressed to find out that the Resurrection House keeps files on the people; that if someone is being anti-social and arrested and found guilty, he would like to see the Resurrection House take some action sO that the anti-social people are no longer giving the public a problem. Russell D. Thomas, 27 Fletcher Avenue, stated that he is an attorney and lives at 5285 Riverwood Avenue on the west banks of the Phillippi Creek; that he represents the owner of Lot 16, Block 19 at 1559 Fruitville Road whose name is Eugene Lentz; that there are three porches on this property and people used to sleep on the porches; however, since the Resurrection House has been in existence, this problem has abated; that he owns property in and around Kumquat Court; that he commends the City for getting rid of substandard housing; that Mr. Lentz has no objection to the Resurrection House expanding on Kumquat Court because it improves the area and fits within the guidelines; that he is amazed that the Resurrection House had to ask for a special exception under the laws; that he urges the Commission to grant the special exception. Linda Holland, 617 Gillespie Avenue, representing the Gillespie Park Neighborhood Association, stated that she is Vice President of the Gillespie Park Neighborhood Association; that the Gillespie Park Neighborhood Association membership voted to support the move to expanded facilities for the Resurrection House and the special exception; that it is felt that the programs of the Resurrection House have merit in serving the needs of many temporarily homeless people. Elaine Kyllonen, 1803 Andrea Place, representing the Resurrection House, had signed up to speak but stated that she would pass because everything she was going to say has been said. Paul Smith, 1577 Fruitville Road, representing Sunray Appliance, stated that he is a businessman in the area of Fruitville Road and Orange Avenue; that he is very much against this request as a business person; that he has had to call the city Police 37 times in the last year and a half, of which only two complaints were filed because the Police would not take a complaint for harassment of his customers by transient people begging for money; that a convenience store is located close to his business and the transients sit and drink liquor all night long; that the next morning he has to pick up hundreds of liquor bottles and this is a problem; that he believes that the Resurrection House does a good service, but he believes that the more services provided, the more homeless people the City will have; that the Commission does not have an accurate record of what goes on at Kumquat Court because the Police do not take all the complaints; that many homeless people congregate in the area of his business by 4:30 p.m. each day; that a good many of these people have mental, alcohol, and drug problems and should not be on the street and attracted to an area where businesses are trying to operate; that if services are continued to be provided in this area, he will have to move his business, which has been at this location since 1958. Mr. Smith stated that he pays for a larger size dumpster and high trash fees just so he can throw away the liquor bottles he picks up every day; that one day he picked up 6,000 liquor bottles; that he asks that the Commission reject this request because it is a detriment to doing business in this area which the City says it wants to revive. Dru Reed, 2727 49th Street, representing the Resurrection House, had signed up to speak but stated that she would also pass. Scott Macbeth, 3662 Beneva Road, representing Gold Tree Breads, stated that he is involved with a group opening a new business at 1508 Main Street; that the business will be an upscale classic European bakery; that he believes in the Resurrection House; that because of the Resurrection House, the homeless are at the Resurrection House during the day and not in front of Gold Tree Breads on Main Street. Book 35 Page 9982 12/20/93 6:00 P.M. Book 35 Page 9983 12/20/93 6:00 P.M. Joan Condon, 4007 Bayshore Road, representing Alley Cat Antiques & Cafe, displayed photographs of her property at 1542 4th Street to the Commission and stated that she and her husband own Alley Cat Antiques and Cafe one block away from the existing Resurrection House and a half block from the newly remodeled and greatly expanded Resurrection House; that she believes this is a done deal because it is obvious the group has been assured of approval because the renovations have already been done; that she has a great knowledge of the so-called homeless on a personal and professional level; that her father was homeless, she has hired the homeless, and was the administrator for a residential facility for the mentally ill; that much of the real world of the homeless is after the Resurrection House volunteers leave or arrive; that as a taxpayer she resents calling the Police, 911, or the Fire Department so she tries to handle the homeless herself. Commissioner Cardamone asked how long the Alley Cat Antiques and Cafe business has been at this address? Mrs. Condon stated two years. Mrs. Condon asked Commissioner Atkins and Mayor Pillot to reconsider their decisions because the neighborhood has enough problems; that she is not against the Resurrection House as is but she is against its expansion; that she and her husband invested in the downtown area because the City was investing hundreds of thousands of tax dollars, and still are, to improve downtown Sarasota; that it does not take a rocket scientist to figure out the problems that will be created with this proposed expansion. Anthony Picciano, 428 Lemon Avenue N., representing Triple A Auto Air, stated that he is not against the Resurrection House but the location of the Resurrection House is what he questions; that the Resurrection House is at its present location illegally because Mr. Jakeway put them there temporarily; that the Resurrection House was supposed to move to 10th Street on property donated by the City; that his business is located behind the present location of the Resurrection House; that he has a petition (a copy of which is on file in the Office of the City Auditor and Clerk) with 40 signatures from the business people in the immediate area that are against the location of the Resurrection House; that the Resurrection House does not pay any taxes to the City and he pays over $5,000 a year in taxes; that he is trying to keep his property and business intact because his life investment is there; that Mr. Mikos (Sarasota County Property Appraiser) has told him that he is going to lose between 40 to 60% of the value of his property if this special exception is granted; however, he will not get a reduction of his taxes; that he is losing income; that his business has been located on Lemon Avenue for 12 years and he feels it is going to go down the drain; that his customers are afraid to come to his shop and many have told him they will not come back; that there are drunks in the area constantly; that this morning he found that a wine bottle had been thrown through a $250 plate glass window on the front of his business; that he feels this was in retaliation for his statements to Channel 40 and the Sarasota Herald-Tribune; that two drunks tried to throw another drunk over his fence on Sunday while he stood there; that these people are destroying the neighborhood and this new facility will bring more homeless to the area. Mr. Picciano stated that he brought facts to the Planning Department meeting that were three month's worth of problems in the neighborhood; that these people sleep in his backyard and in his vehicles; that he does not feel it is right that the Resurrection House should operate a place in this neighborhood and not have someplace for these people to go at night; that the Resurrection House is taking the life out of the neighborhood. Rubin Peacock, 1469 5th Street, stated that after 14 years of living on 5th Street, he has never known the street population to be greater than it is today; that he attributes this greatly to the Resurrection House; that it seems that the focus of the City Commission should be to protect the rights and wishes of the businesses and residents who have already made a commitment to the neighborhood; that he suggests putting one of these facilities in other neighborhoods, for example, on Bird Key, by the Jefferson Center, or in the basements of the churches and watch the problems grow; that he does not believe any person associated with the administrative aspects of the Resurrection House would allow this in their neighborhood or next to their neighbors' homes; that he believes some of the unmotivated street people seek out handouts and will usually sleep conveniently nearby waiting for the next offering; that the odds keep mounting against the neighborhood with each passing year; that the (value of his) property has decreased $20,000 since the last appraisal five years ago; that he asks whether the Commission wants the problem of street people to continue to grow and multiply to the point that they outnumber the tax paying residents; that perhaps the neighborhood should be zoned Transient instead of Transitional. Sylvia Peacock, 1469 5th Street, stated that she is speaking tonight as a woman, mother, and a proud home owner; that she had many concerns about the Resurrection House day center when it first opened; that since the opening of the 6th Street facility, she has noticed increased foot traffic on 5th Street; that the people are usually men roaming in groups shouting, using the worst profanity, urinating wherever they like, and throwing trash all over the street; that some of her main concerns were increased when she read the flyer handed out by the Resurrection House which states that the homeless are alcohol and drug abusers, dropouts, and the emotionally unstable; that she feels some of the street people are early release prisoners also; that she questions concentrating these people, who are troubled and possibly desperate, in the Book 35 Page 9984 12/20/93 6:00 P.M. Book 35 Page 9985 12/20/93 6:00 P.M. neighborhood; that she thought the Crisis Intervention Center on 10th Street was for homeless mothers and children; that for years she has written letters to the Code Enforcement Department about people living in cardboard boxes on overgrown lots. Mrs. Peacock asked who will monitor the Resurrection House to make sure it is strictly used for day facilities since the Code Enforcement people cannot even keep up with the Clean Lot Ordinance; that she suggests that the founding churches share the load and offer these services through and at their existing buildings, thereby eliminating the concentration of needy people in her neighborhood and the services would still be available; that she believes one day Kumquat Court could be equal to the chic Burns Court; that if this day facility was being proposed for any other section of town, it would not stand a chance; that on the other side of U.S. 41 it is called Boulevard of the Arts, but over here in her neighborhood, it is just plain old 6th Street. Alvin Knerr, 1419 5th Street, representing Resurrection House, stated that he lives at the Deliverance Miracle Revival Center; that he has lived in Sarasota approximately eight years; that his first contact with Sarasota was at the Good Samaritan House, which provides housing for six men on 12th Street; that he was involved with the City of Refuge when they met in the parking lot of The Salvation Army; that he just began drawing Social Security and he has a job at Winn-Dixie; that the Resurrection House helped him get a copy of his birth certificate from Illinois; that he thinks the Resurrection House is doing a great job and would like to see it continue and get larger. Tom Roehr, 1306 North Orange Avenue, representing Roehr's Machine Shop, stated that he has a business on North Orange Avenue; that the only problem he has with the Resurrection House is that the people have nowhere to go in the evening; that he works until 7:30 or 8:00 p.m. sometimes and he is approached constantly by the street people; that he does not feel the location is the proper place for the Resurrection House; that he feels this is the wrong move with all the money the City has spent to try to make downtown better. Alex Karotis, 1503 Sixth Street, representing the Resurrection House, had signed up to speak but changed his mind. Shelley Lederman, 1805 Jasmine Drive, stated that he is the General Manager of Half Moon Beach Club on Lido Key; that after running a successful business for many years in Gainesville, Florida, 15 years ago he showed up in Lake Tahoe with his family almost completely broke; that he knows what it is not to have money; that when he asked for a job, he was asked what he was doing and said that he was starting over; that he found out about the Resurrection House when his wife made inquiries about making donations to some place that was worthy; that he is appalled and amazed about the reference in today's newspaper that the homeless are a menace to society and the inference that homeless people are only drug addicts, alcoholics, and mentally disabled; that none of these illnesses or afflictions are criminal in nature; that someone who states that homeless only fall into these described categories exhibits a mentality that is out of touch. Mr. Lederman continued that society must stand up to the real menace which is ignorance of the real world and the selfishness and greed that has overcome us; that hope must be restored to those with no hope. Tom Sullivan, General Manager of the Hyatt Hotel, representing the Resurrection House, stated that his address is 4721 Country Manor Drive; that he and his wife have made a personal commitment to the Resurrection House and homelessness as it exists in our City; that any metropolitan area will always have a congregation of people that are looking for the services so they can get themselves back on their feet; that people sleep across the street from the Hyatt Hotel; that some of the homeless do not accept assistance; that he has chosen to be part of the solution as opposed to ignoring the problem. Mary Ouillin, 407 Cocoanut Avenue, representing the Downtown North Neighborhood Watch Programs, stated that she has lived at her present address almost three years; that she moved to Sarasota in 1956; that she is the coordinator of the Neighborhood Watch Program in the Downtown North neighborhood. Vice Mayor Patterson left the Commission Chambers at 8:20 p.m. Ms. Quillin stated that 416 and 420 Kumquat Court are well-known drug houses in the area and have been targeted by the Police; that a month ago the Police raided one of these houses at 5:30 a.m.; that the drug pushers are the ones bringing the criminal elements into the neighborhood; that she attended the workshop the Resurrection House was required to conduct and the meeting was volatile. Ms. Quillin continued that the residential watch programs are free to any citizen willing to put the time into cleaning up their neighborhood. Vice Mayor Patterson returned to the Commission Chambers at 8:23 p.m. Ms. Quillin stated that she wished the Commission had asked each person who spoke if they participate with the programs their tax dollars are providing through the Police Department or participating in the Neighborhood Watch Programs; that national statistics show that an active Neighborhood Watch Program makes crime go down 52%. Book 35 Page 9986 12/20/93 6:00 P.M. Book 35 Page 9987 12/20/93 6:00 P.M. Victor Calderon, 308 Cocoanut Avenue, representing V. M. Calderon, Inc., stated that he lives and works in the City of Sarasota and owns about 30 dwelling units and/or commercial spaces in the City; that he sees that a lot of churches support the Resurrection House; that he wonders why these churches are so free and easy about adversely affecting the tax paying general public in neighborhoods outside their immediate areas; that his concerns are about the expansion of the facility; that he feels the crime statistics for the area might be misleading and a bit erroneous; that the question eventually becomes humanity versus economics, humanity versus family, humanity versus a neighborhood, and humanity versus the small business; that he does not think it is necessary to suggest that what is legally correct is morally or socially advisable. Ted Hunniford, 1702 Laurel Street, representing Grace Fellowship, stated that he is the pastor of Grace Fellowship, which is one of the churches that formed the coalition that led to the creation of the Resurrection House; that Grace Fellowship now has a young man giving very important direction to some new significant ministries to help victims of AIDS, which is a testimony to the success of the ministry of the Resurrection House; that he is not without empathy for the business people who spoke tonight; that he asked the administrative staff of the Resurrection House if they would seek to exercise discipline toward clients if they were given photographs of the people who are not behaving themselves and was told that the staff of the Resurrection House would do the best they could to work in such a way to reduce the price that the business people in the immediate area are now having to pay. Leslie Taylor, 506 Kumquat Court, stated that she lives at 505 North Orange Avenue and owns two homes at 506 Kumquat Court; that she is not against what the Resurrection House is doing but where they are doing it; that she has not seen a very Christian attitude coming from these people tonight; that she does not feel it is Christian to totally overlook the people in the area and the detrimental effect this expansion is going to have on the businesses and residences; that she lost renters after the Resurrection House opened; that she feels there must be someplace in the City where the Resurrection House will not have a bad effect on businesses and home owners. Steve Taylor, 506 Kumquat Court, stated that he owns five residential properties within 600 feet of the Resurrection House; that the problem is that Kumquat Court has been a sore in Sarasota for many years due to transients, prostitutes, and drug addicts; that if the Resurrection House is allowed to expand, it is going to add infection to the wound; that the transients go to Main Street to panhandle or steal for money to buy beer and drugs; that he is against the expansion of the Resurrection House. Keene Peterson, 421 Wood Duck Drive, stated that he works in First United Methodist's ministry to feed the homeless on Saturdays and Sundays at the Resurrection House; that the potential for good the meals have far outweighs any inconvenience; that he was rewarded yesterday by a young man who told him that he appreciated what they were doing; that the man told him he was delirious with joy because he had just gotten a job; that if the Commission decides to reject this special exception, he would view it as a terrible miscarriage of decision making. Robert Levy had signed up to speak but was no longer present. Roy C. Smith, 5149 Boca Raton Avenue, stated that he is a downtown businessman at 4th Street and Lemon Avenue and has been there since 1967; that he is sold on the Resurrection House; that the Resurrection House did not bring homelessness to Sarasota; that about nine years ago Bob Kyllonen came into his store and told him about the Resurrection House; that he attended some of the board meetings and was put on a special committee with the Chamber of Commerce to try to find a place for the Resurrection House; that Don Jakeway gave the Resurrection House a place to get started; that crime has dropped in his store; that the area is cleaner; that he wants to see the Resurrection House put in the larger building where they should be so they can do a good job. Wayne Hibbs, 7225 Proctor Road, representing Farm & Garden Supply, stated that the Hibbs family has owned property at 1492 4th Street and operated a business at this location for the past 40 years; that in his heart he feels that the Resurrection House is good; that he has a lot of friends and acquaintances that are board members of the Resurrection House; that over the 40 years his family has had its business downtown, he has seen things improve as well as get worse; that Mr. Smith mentioned that crime has gone down and he feels this is true; however, he attributes it to the improvement of Fruitville Road with the lighting and sO forth; that he feels the Resurrection House is sincere in its efforts; however, over the years he has seen a decline in customers because they are afraid to come downtown; that this morning he had to arouse two young men who were sleeping in his shrubbery, which happens quite often; that taxpayers are spending a lot of money in the downtown area; that there is a group of businesses who are trying to stay open at night to accommodate the theater patrons; however, he feels there will be major problems in trying to rejuvenate the downtown area if the downtown area continues to attract this type of social service. Mr. Hibbs continued that he had to call the Police two weeks ago because there was a wild man in his parking lot who was threatening his life and the lives of his customers and this type of incident puts a stigma on his business; that he tells his employees to treat the customers like kings and queens; however, it is disturbing when the customers have to see some of the things going on in the area. Book 35 Page 9988 12/20/93 6:00 P.M. Book 35 Page 9989 12/20/93 6:00 P.M. Mr. Hibbs stated that sometimes he has to go to his business during the night to turn on the heaters (to protect the plants) and it is rather scary; that his wife hates for him to go downtown to turn on the heaters because she fears for his life; that his son-in-law is a deputy sheriff and has offered to go downtown with him when he must turn on the heaters and he feels this is a terrible thing for the business community to have to put up with.. Mr. Hibbs continued that he feels the Resurrection House is good and has a purpose and need; however, these types of services will interfere with revitalizing the downtown area; that he wants to keep his business in the area, but it is becoming more difficult every year. Berta Lefkovich, representing the Planning Board as its Chairman, stated that information came to light tonight that the Planning Board was not told at the public hearing it held; that the Board was not aware that the First United Methodist Church used the Resurrection House on Saturdays and Sundays to provide sandwiches to people; that Mr. and Mrs. Taylor came to the first public hearing held by the Planning Board and were adamant against the special exception for the Resurrection House; however, Mr. and Mrs. Taylor were not in attendance at the second Planning Board public hearing, but the Planning Board was told that Mr. and Mrs. Taylor had changed their minds and were now in favor of the Resurrection House because Bible Classes were going to be held in the new facility; that she wanted to make the Commission aware of these inconsistencies. Ms. Lefkovich continued that she does not know how this information would have affected the Planning Board's vote, but she wanted the Commission to be informed. Mayor Pillot closed the public hearing. Jimmy Dean, President of the Board, Bob Kyllonen, Executive Director of the Resurrection House, and Attorney Ted French of Dickinson and Gibbons, who represents the Resurrection House, came before the Commission for rebuttal. Attorney French stated that it seems two major issues have been presented and stated that he wanted Mr. Kyllonen to testify to these issues. Attorney French asked Mr. Kyllonen if he was present at the closing when the Resurrection House acquired the (subject) property this year? Mr. Kyllonen stated that he was present (at the closing). Attorney French asked whether the real property taxes were allocated and a portion paid at the closing? Mr. Kyllonen stated yes. Attorney French asked whether Mr. Kyllonen had subsequently been given a tax bill from the City of Sarasota. Mr. Kyllonen stated yes. Attorney French asked whether the tax bill (from the City of Sarasota) had been paid? Mr. Kyllonen stated yes. Attorney French stated that a lot of people had expressed fear about the expansion of the facilities and the number of people that will be treated at the Resurrection House; that he wanted to qualify Mr. Kyllonen as an expert because he has been working at the Resurrection House since it opened. Attorney French asked Mr. Kyllonen when he began working at the Resurrection House? Mr. Kyllonen stated that the process of developing the program (for the Resurrection House) began in 1986 and the present facility was opened on October 1, 1990. Attorney French asked whether Mr. Kyllonen had seen any marked increase in the number of clientele served on a daily basis since October 1990? Mr. Kyllonen stated that there has not been an increase in the last year or two. Attorney French asked whether Mr. Kyllonen had any reason to expect a marked increase if the Resurrection House moves into the new facility? Mr. Kyllonen stated no; that he thinks the Resurrection House will just be able to take care of the people it has a lot better and quicker. Attorney French stated that the Resurrection House presented an office memorandum from the City's Department of Public Safety Police Services Bureau which states as follows: "The opening of the proposed facility will not have a significant impact on service demands for the Public Safety Department"; that he feels this report should carry a lot of evidential weight. Attorney French stated that a lot of comments had been made regarding the loss of value of properties in the neighborhood; however, he did not hear anyone present either an appraisal or tax assessment to show that assessments had gone down. Mr. Dean stated that he implores the Commission to allow the Resurrection House to have the special exception for the future of the City. Commissioner Cardamone asked about the lease in the current facility (occupied by the Resurrection House)? Mr. Kyllonen stated that the lease on the current facility is on a month-to-month basis; however, the lease could be revitalized if sO desired. Commissioner Cardamone stated that it seems that the Résurrection House could stay at its present location if it does not move to the proposed facility. Mr. Kyllonen stated that was correct. Mr. Dean stated that the Resurrection House would be significantly damaged (if the special exception is denied) because of entering into a mortgage on the new property. Mr. Kyllonen stated that dual utilities are being paid on both properties. Vice Mayor Patterson asked whether the utilities were connected in the proposed facility? Mr. Kyllonen stated yes. Book 35 Page 9990 12/20/93 6:00 P.M. Book 35 Page 9991 12/20/93 6:00 P.M. Mayor Pillot asked whether the proposed facility was being occupied? Mr. Kyllonen stated that it was not occupied; however, some meetings have been held in the proposed facility. Commissioner Cardamone asked whether the Resurrection House had any guarantee (of the special exception) when the property was purchased? Mr. Dean stated no. Commissioner Cardamone asked whether the Resurrection House currently operated with a special exception? Mr. Kyllonen stated no because a special exception had not been required. Mr. Dean stated that everything the Resurrection House is doing is permitted within the Commercial Intensive (CI) Zone District. Vice Mayor Patterson asked why a special exception was needed now? Mr. Kyllonen stated that the City asked that the Resurrection House apply for a special exçeption. On motion of Commissioner Atkins and second of Mayor Pillot (who passed the gavel to Vice Mayor Patterson), it was moved to approve proposed Special Exception Petition No. 93-SE-16, with the stipulation of no overnight transient lodging and that the Resurrection House provide litter receptacles around the boundaries of the facility. Commissioner Atkins stated that he supports the Resurrection House based on the testimony and position of the Planning Board and the Administration; that he feels the Resurrection House is the best opportunity the City has to deal with the problem (of homelessness). Mayor Pillot stated that the Commission was given a copy of the 11 criteria (in the Zoning Code) by which the City is governed; that judgements have to be made as to whether the criteria are met; that of the 11 criteria, he has no problem with 6 of them; that he finds number 11 a little ambiguous because he is not sure whether the word scale" is meant to be quantitative or qualitative; that testimony tonight has shown that there is already success and increased potential for success to reduce the number of homeless by providing people the opportunity for jobs; that the people who spoke at tonight's public hearing were two to one in favor of the Resurrection House; that he concurs with what Commissioner Atkins has said. Commissioner Cardamone asked that a zoning map be placed on the overhead projector so that the CI Zone District could be pointed out. Ms. Robinson (Director of Planning and Development) placed a zoning map of the subject area on the overhead projector and pointed out the various commercial properties in the area and the various Zone Districts surrounding the proposed facility. Vice Mayor Patterson asked Ms. Quillin what was meant by her statement regarding a 21-foot high replacement bridge because it would be almost the same height as the present bridge? Ms. Quillin indicated that information she obtained stated the existing bridge is lower than 21-feet. Ms. Quillin stated that the City should ask the State for a rebate on the current bridge because it did not live through its life expectancy and it was paid for with tax dollars. Ms. Duchess Tomasello, 777 John Ringling #25, representing Sarasota Harbour East, came before the Commission and stated that she lives at Sarasota Harbour East and represented such on the Ringling Replacement Bridge Task Force; that she was a member of the task force for nearly a year and resigned because in her opinion the task force was not doing anything; that she is an advocate of the 65-foot fixed-span bridge; that she watches the bridge go up. and down twelve times a day through her front window; that she breathes all the fumes from the traffic backed-up all the way to the St. Armand's Circle on one end, and who knows how long on the other end; that she thinks that Sarasota is no longer a small fishing village; that the citizens are going to have to bow to progressi that she remembers being in Miami on Key Biscayne 25 years ago when it was impossible to get off the island on Sundays; that then the fixed-span was constructed; that the cities in Florida which have progressed all have fixed-spans Punta Gorda, Fort Myers, Fort Pierce, Miami, Daytona, St. Petersburg, etc..; that a fixed-span of 65-feet would be beautiful; that she will be looking at the bridge because it is in her view; that she is also looking at the traffic; that there was one small accident today and there was traffic backed up almost to the Circle, and this is not even the season; and that she is begging the Commission to consider the 65-foot fixed-span because it is the only way to keep Sarasota moving. Mrs. Patricia Green, 1201 Center Place, representing herself, came before the Commission and stated that she lives on Lido Shores; that she hopes the Commission maintains the beauty of the bay and does not consider anything other than a 21-foot bridge; that when driving over the existing bridge, it feels as if you can trail your fingers in the water, a very unique experience; that most cities do not have that experience to offer; and that Sarasota has something very special here and it should not be lost. Mr. Dave Green, 1201 Center Place, representing himself, came before the Commission and stated that he understands that the Commission has worked under tremendous difficulties including a lack of information, and changing information; that he is in favor of the 21-foot bridge; that 18 months ago, bascule could not even be pronounced; that the task force voted seven (7) to seven (7) to repair the existing bridge; that after the vote, the task force was told there was not any money to repair the bridge anyway which was Book 35 Page 9692 10/04/93 6:00 P.M. Book 35 Page 9993 12/20/93 6:00 P.M. The Wall Street Journal December 9, 1993 printed an article called "A New Focus on the Homeless Problem" by Al Hunt which talks about Andrew Cuomo, who is the son of a well-known governor as follows: "Mr. Cuomo and his boss, HUD (Housing and Urban Development) Secretary Henry Cisneros want to avoid the false choices of the past and focus on the root problem of the chronically homeless with treatment for alcohol and drug abuse or mental illness. Inadequate housing for sure is a problem with the urban homeless, but government's chief failure has been not to deal with the homeless in terms of drugs or alcohol or mental illness. The homeless advocates felt that there was stronger support if they argued about housing than about addiction." The New York Times December 12, 1993 printed an article talking about cities on the west coast as follows: "The press has been talking about a backlash against the homeless, but what we are doing is not a backlash against the homeless, but a backlash against failed public policies. Henry Cisneros says he wants to move the government's emphasis away from emergency shelters and toward treatment of alcoholism and mental illness. The new view holds that most of the homeless are not working people down on their luck and in need of a meal, but rather drug abusers or alcoholics or are mentally ill." Commissioner Merrill stated that he feels that if the problem were analyzed, a different solution would be found; that he feels the homeless population needs to be controlled; that he does not feel this Resurrection House) is the real solution. Mayor Pillot stated that the Commission is to make a decision based on documented facts, the review of the Planning Board and its recommendation, and the Administration's review and recommendation. Vice Mayor Patterson stated that the Commission must deal with a zoning issue; that she disagrees that there is no evidence before the Commission on which to base a negative decision; that she can read the same Zoning Code criteria for special exceptions and come to the opposite conclusion because most of the zoning decisions the Commission makes can be debatable on either side of the issue as to compatibility; that the only use that is compatible with services for the homeless in the immediate area is The Salvation Armyi that she feels that an expansion of services in this particular area will be counterproductive for the businesses that are trying to remain viable in this area; that a number of businesses have opened in this area since Fruitville Road was widened. Vice Mayor Patterson continued that item 2 on page 58 of the Zoning Code states "Whether the proposed use would be compatible with the established land use pattern.", ; that the actual land use pattern is residential and business; that item 4 states Whether changed or Commissioner Cardamone stated that the Commission was told a five (5%) grade was the maximum acceptable grade for a biker or a walker; that the grade was not just à difficult grade, but the maximum; that the grade has been a conçern of the Commission. Mr. Dennis Hart, 400 Sinclair Drive, representing himself, came before the Commission and stated that he is a task force member; that he is representing himself as a citizen tonight. Mr. Hart presented a picture from the Sarasota Herald Tribune of Sunset Drive looking west over the bridge and stated that he took a survey of people crossing the bridge; that in approximately 1.25 hours, he counted 19 people that either jogged, walked or rode a bicycle over the bridge; that the grade is a big impact on pedestrian traffic. Mayor Pillot asked Mr. Hart how long his family had been operating a business at the bridge? Mr. Hart stated that his family has been at the foot of the John Ringling Causeway for 59 years. Mr. Hart continued that the survey conducted by the FDOT on the bridge openings was done in January; that the time of openings at this time of year are for motor yachts which are 45- to 48- foot boats that require another five (5) feet maximum to reduce the openings on a year-round basis; that the reduction in openings should be considered on a year-round basis; that the vote was nine (9) to five (5) by the task force for a 21-foot drawbridge; that it was a wonderful opportunity to serve on the task force; that a survey mentioned by the Chamber of Commerce stated that the most recreational time spent in Sarasota was watching Sarasota Bay; that a 65-foot bridge would be detrimental to that recreation time; that the lights on the current bridge are the approximate height of the 45-foot bridge; that he likes the idea of Sarasota remaining a little fishing village and would like to keep it that wayi that the FDOT closed the bridge down during the March 13, 1993, storm when the winds reached 39 mph; that the bridge tenders are minimum wage personnel; and that the bridge tenders could be better trained. Vice Mayor Patterson stated that she has a discomfort with the recommendation of the task force; that some outriggers have the option to be lowered; that it is necessary to lower the outriggers on a 30-foot power boat to go under the Ringling Bridge; that the outriggers do not have to be lowered to go under the Siesta Key bridge; that the Siesta Key Bridge is not an imposing structure; that the Siesta Key Bridge goes over a narrower body of water; that a three (3) to five (5) foot difference may save opening the bridge to power boats; that a minimal sacrifice in grade may occur if the compromise is made. Mr. Hart stated that he thinks the Siesta Key Bridge is 25-feet; that his personnel opinion would be for a bridge of 25- or 28-feet; that during the task force meetings different heights of the Book 35 Page 9694 10/04/93 6:00 P.M. Book 35 Page 9995 12/20/93 6:00 P.M. Commissioner Cardamone asked the petitioner what would happen (to the Resurrection House) if this special exception is not granted? Mr. Kyllonen stated that he did not have an answer to this possibility; that it would be up to the Board of Directors of the Resurrection House; that the Board of Directors would have to contemplate considering financial damages. Attorney French stated that only the Board of Directors of the Resurrection House has the authority to answer Commissioner Cardamone's question; that he feels the Board of Directors would be willing to consider a condition being placed on the special exception regarding number of clientele. Commissioner Cardamone stated that she suggests that the Commission delay voting on the motion until the Staff and City Attorney can come back with conditions for the special exception. Mr. Kyllonen stated that the Resurrection House eliminates the hard core drunks every day by asking them not to come back if it is apparent they cannot be helped; that about 139 people this year were asked not to come back because the Resurrection House cannot help them; that the City has to deal with the chronic downtown panhandlers. Commissioner Cardamone moved to amend the motion to add "no increase in number of clients served. 77 Motion died for lack of a second. Vice Mayor Patterson called for the vote on the motion to approve proposed Special Exception Petition No. 93-SE-16, with the stipulation of no overnight transient lodging and that Resurrection House provide litter receptacles around thé boundaries of the facility. Motion carried (3 to 2): Atkins, yes; Cardamone, yes; Merrill, no; Pillot, yes Patterson, no. The meeting was recessed at 10:00 p.m. and reconvened at 10:10 p.m. Commissioner Cardamone stated that she thinks the Commission is the victim of a Zoning Code that does not allow latitude for special exceptions and special permits; that she feels revising or rewriting some of the Zoning Code should be done; that she is interested in having the Staff address the problem of the social service agencies in the City so that sharing some of these agencies throughout the City is planned when the Vision Plan is finalized. 10. CITIZENS' INPUT CITY MANAGER TO SEND A LETTER TO THE SARASOTA COUNTY SHERIFF WITH COPIES TO THE COUNTY COMMISSIONERS OUTLINING THE PROBLEM THAT THE CITY HAS AT GILLESPIE PARK REFERENCING THE FACT THAT THE CITY RESIDENTS PAY 17% OF THE SHERIFF'S ROAD PATROL AND ASK FOR SOME SHORT-TERM ASSISTANCE IN PATROLLING GILLESPIE PARK (AGENDA ITEM VI) #3 (2453) through #4 (0263) Herbert Ouinn, 5113 Estates Circle, Chairman of the Parks, Recreation and Environmental Protection (PREP) Board, came before the Commission and stated that the PREP Board would like him to make a presentation which he tried to make at the December 6, 1993 Commission meeting, but due to a lack of time, had been unable to complete; that the full presentation is as follows: Since the purchase by the City of the Franklin Manor property in 1992 for a park, the Parks, Recreation and Environmental Protection Board has been actively studying ways to make this beautiful 7+ acre property available to the public as reasonably soon as possible. The City has a gem of a location for a park, being off of the Tamiami Trail provides easy access. Having one side of the site fronting the bay yields an exquisite waterfront view. The wealth of trees and shrubs is unique. This is a great basis from which to start. Recognizing that funds for such an undertaking are always limited, our Board has been approaching this as a "phased" project to allow early use as a low maintenance passive park. As additional funds become available, it can be expanded to include other elements. As you may recall, we made a presentation to you in March of this year to discuss possibilities for such an approach. Although the majority of the City Commissioners expressed the wish that some use be made of this park land as soon as was financially practical, the lack of infrastructure funds for such a purpose would not allow it at that time. However, with the recent allocation to the City of accumulated Infrastructure Surtax revenues, we wished to bring back to you for consideration at this time a definitive plan for making the Franklin Manor property into the waterfront park you envisioned when it was purchased. To this end, the Advisory Board has been discussing, with staff and consultants, a conceptual plan of what needs to be done, and have asked staff to obtain realistic estimates of the cost to accomplish this plan. We also believe, based on preliminary discussions with City Administration personnel, that the project is an excellent candidate for grants and/or matching state funds because it is to be a public waterfront park. Phase 1 of the proposed plan is intended to cover the basic requirements for safe use by the public as a Book 35 Page 9996 12/20/93 6:00 P.M. Book 35 Page 9997 12/20/93 6:00 P.M. passive park at an early date, plus a conceptual plan for developing the total park. This plan would be used in applying for grants and/or state matching funds. This Phase 1 would consist of the following: 1. Removal of cement foundation slabs and other cement rubble which probably could be used for artificial reef materials. 2. Removal of overgrown vegetation and trash. 3. Addition of a storm water retention area if required. 4. Repair of side fences as necessary. 5. Addition of fill dirt and grading. 6. Seeding/sodding of bare areas. 7. Cleaning and repairing of the existing circular drive (to be used for parallel parking). 8. Adding some picnic tables and benches under trees and near the bay front. 9. Preparing a conceptual plan for the finished park. Little or no additional tree or shrub plantings are envisioned in Phase 1. The City presently cuts the grass and keeps down the weeds. The wealth of trees on the property would be retained. Since the current vegetation has not required watering, there would be no maintenance of this type. All future plantings that would be made are planned to be xeriscape types so as to avoid watering requirements. Groups such as ReLEAF Sarasota, which has already surveyed the property at our request, would be solicited to see if they would be interested in contributing ideas to the conceptual plan and donating plants and/or trees in harmony with the final park plan. Phase 2 would expand the park as a multipurpose recreation area by the addition of both passive and active amenities, including: 1. Additional trees and landscaping, as appropriate 2. Parking area improvements 3. Walkways 4. Rebuilding the boating/fishing pier 5. Additional park benches/tables/grills/shelters 6. Sanitary facilities/ater fountains 7. New lighting poles with underground wiring 8. Reuse water irrigation system, if desirable Most of these additions are candidates for matching funds. Potential Funding Sources 1. Infrastructure Sales Tax Allocation 2. City share of collected Park Impact Fees (as of 3 November 1993) - $37,480 3. City share of collected Road Impact Fees (as of 3 November 1993) $652,576 4. Grants and/or matching funds These impact fees may not be available until their planned use is established by the City in the 1994-1995 CIP. To summarize, the PREP Board feels that using a portion of the recently allocated infrastructure sales tax receipts to make possible the opening of this valuable waterfront park land to the public is clearly in keeping with the stated intent of this tax and the funds it has generated. Further, this park directly ties in the City's cooperative North Trail Gateway 2000 program of beautification and improvements. We recommend this plan to you and ask that you allocate sufficient funds from available resources to begin the process of making this park a reality. A start has already been made by your allocation of the $5,000 for development of a conceptual plan by the City consultant, David Johnston, in working closely with the PREP Board and staff. Mayor Pillot asked whether Mr. Quinn had an opportunity to see the city Manager's report on the Local Option Sales Tax money under New Business on tonight's agenda? Mr. Quinn stated that he had not. Mayor Pillot stated that the City Manager has pointed out that there could be some funds from L.O.S.T. for the Franklin Manor property; that the amount recommended or suggested was $350,000. Vice Mayor Patterson stated that the City has owned the property on City Island, now known as Ken Thompson Park, for a very long time with beautiful waterfront between the Sailing Squadron and the facility that Mote Marine has built; that the seawall has been falling in for years and the land is crumbling away; that she wondered why the Board puts the Franklin Manor property ahead in priority (over the Ken Thompson Park land). Book 35 Page 9998 12/20/93 6:00 P.M. Book 35 Page 9999 12/20/93 6:00 P.M. Mr. Quinn stated that the consensus of the PREP Board is that the (Franklin Manor) property would be more widely used than Ken Thompson Park because of its location. Commissioner Merrill asked that the PREP Board urgently look at the fence on the Franklin Manor property to see if something can be done to make it more attractive; that he cannot believe that it is a City facility because it is an eyesore. Mr. Quinn stated that perhaps the City would want to have the Public Works Department harvest the fruit that is on the Franklin Manor. property and donate it to the Food Bank. Linda Holland, 617 Gillespie Avenue, representing the Gillespie Park Neighborhood Association, came before the Commission and stated that a lot of good things have happened this year for Gillespie Park; that the improvements in the Park have brought children and people and legitimate uses back into the Park; that the Community Resource Officers have helped with the crime situation; that the new and rehabilitated affordable housing efforts have been positive; that an after school tutoring program has been started as part of the Weed and Seed program; that Gillespie Park is now an emerging neighborhood because of the positive things that have happened; that the sad event this past year was the death of John Robinson, who worked for years to bring the neighborhood back; that the recent destruction of some of the improvements in the Park is frustrating; that the neighborhood is concerned about the continued destruction of property; that she had the opportunity to speak to Sarasota County Sheriff Monge about the vandalism and mentioned to him that she understood there was a County Park Patrol for specific park problems; that the Sheriff's reaction was immediate and predictable as well as aggravating to a taxpayer because the response was that this is a City problem. Ms. Holland continued that since the County maintains Gillespie Park, she felt the County should have as much of an interest in the Park as the City. Ms. Holland stated that the recent meeting on crime with the U.S. Attorney's Office was very good and practical problems were discussed; that she hopes that this meeting will be followed up with the neighborhoods; that she is going to continue to work real hard to make the Gillespie Park neighborhood a better place to live; that she wanted to thank the City for all the help it has given to the neighborhood. Vice Mayor Patterson stated that she would like Mr. Sollenberger to send a letter to the Sheriff with copies to the County Commissioners outlining the problem that the City has, referencing that the City residents pay 17% of the Sheriff's Road Patrol and ask for at least some short-term assistance in patrolling Gillespie Park; that the City will be shuffled under the rug until it starts squeaking; that the City residents pay substantially more taxes but every time the City asks for assistance, the response is that it is a City problem. Commissioner Atkins stated that he wanted to thank Ms. Holland for all the work she has done over the years in the Gillespie Park neighborhood; that he wondered whether there was a written report from the crime meeting with the U.S. Attorney's Office? Ms. Holland stated that there is supposed to be a written report on the meeting with the specific recommendations made that should be ready after the first of the new year. Mr. Sollenberger stated that repairs are to be made to the gazebo at Gillespie Park this week; that the County expects to replace the damaged lights in February 1994 dependent upon the delivery of the poles; that he spoke with David Johnston, landscape architect, about the vandalism problem and Mr. Johnston has been in contact with the pole manufacturer and the manufacturer is looking at means to be used to strengthen the poles to resist the vandalism. 11. UNFINISHED BUSINESS DISCUSSION RE: ANNUAL EVALUATION FORMS FOR THE CITY MANAGER AND CITY AUDITOR AND CLERK - CHANGED III. A. ON PAGE 8 OF THE EVALUATION FORM TO READ AS FOLLOWS: IS THE CITY MANAGER (OR CITY AUDITOR AND CLERK) APPROPRIATELY INFORMED ON DAILY OPERATIONS? DELETED THE NUMERICAL EVALUATION FROM THE SECTION ENTITLED DUTIES PRESCRIBED BY CITY CHARTER; INCLUDED AN OVERALL RATING AT THE END OF THE EVALUATION FORM; DIRECTED MR. LARRY ROBINSON TO DISTRIBUTE COPIES OF ALL OF THE EVALUATIONS TO EACH OF THE COMMISSIONERS: COMPLETED EVALUATION FORMS TO BE SUBMITTED TO MR. LARRY ROBINSON BY DECEMBER 31, 1993 (AGENDA ITEM VII-1) #4 (0266) through (1021) Vice Mayor Patterson stated that she had requested discussion on the annual evaluation forms so that the Commission could decide on a final format; that she feels the first part of the evaluation form referring to the City Charter is too general to apply a numerical evaluation and she recommends eliminating this section entirely; that on page 8 of the evaluation form under III. Organizational Skills, Item A asks "Is the city manager an active participant in daily operations?"; that this item was pointed out to her by the City Manager with a valid comment that if the City Manager were to be an active participant in daily operations in a City of this size, the Commission probably would not want him as the City Manager; that she thinks this Item A should be changed to read "Is the city manager fully informed on daily operations?" Mayor Pillot stated that perhaps a better word to use than "fully" would be the word appropriately. 93 Book 35 Page 10000 12/20/93 6:00 P.M. Book 35 Page 10001 12/20/93 6:00 P.M. It was the consensus of the Commission to change III. A. on page 8 of the evaluation form to read as follows: Is the city manager appropriately informed on daily operations? It was the consensus of the Commission to delete the numerical evaluation from the section entitled Duties Prescribed by City Charter. Vice Mayor Patterson stated that she would like to request that a blank page or two be included at the end of the evaluation form for general comments. Commissioner Merrill stated that he has already completed the evaluation forms and returned them to Larry Robinson (Special Master). Commissioner Cardamone stated that she would like for the Commission to delay sending the evaluation forms to Larry Robinson until the results of the employee morale survey are known; that the Director of Human Resources had told her the employee survey results would be ready by January 15. Vice Mayor Patterson stated that she thinks it would be self-evident that management is not a popularity contest; that if employee morale is low, it could be as attributable to Commission policy as to managerial style. Bill Davenport, Director of Human Resources, came before the Commission and stated that the employee surveys were sent to everyone who works for the City, whether part-time, full-time, permanent, or probationary; that a total of 917 employee surveys were sent and 433 have been returned so far; that he has not yet made an analysis of the surveys but will do so very soon. Commissioner Merrill stated that he would like to see an overall category included in the evaluation forms (for the City Manager and the City Auditor and Clerk). It was the consensus of the Commission to include an overall rating in the evaluation forms. Mayor Pillot stated that when making an evaluation or letter of reference, it is his practice that the first person that sees it is the person evaluated or about whom a reference was written. Commissioner Cardamone stated that she thinks the evaluations need to be handled exactly as Mayor Pillot stated and then returned to Mr. Larry Robinson for collation. Vice Mayor Patterson stated that she would like to see the evaluations done by her fellow Commissioners. It was the consensus of the Commission to direct Mr. Larry Robinson to distribute copies of all of the evaluations to each of the Commissioners. It was the consensus of the Commission to submit the completed evaluation forms to Mr. Larry Robinson by December 31, 1993. Mr. Larry Robinson, Special Master, came before the Commission and stated that he will treat the evaluations as official public documents; that he assumes that the City Auditor and Clerk is the custodian of official public documents and will give the evaluations to the City Auditor and Clerk. City Auditor and Clerk Robinson stated that he will transfer the evaluations to Human Resources for placement in the respective personnel files. Commissioner Cardamone stated that some day the Commission needs to discuss evaluating themselves. Mayor Pillot stated that he agrees. Commissioner Merrill, Atkins, and Vice Mayor Patterson stated that the public evaluates the Commission at election time. 12. UNFINISHED BUSINESS REPORT RE: STATUS OF VISION PLAN ACCEPTED REPORT (AGENDA ITEM VII-2) #4 (1022) through (1522) City Manager Sollenberger stated that the report on the Vision Plan status will be presented by Sherry Carter, who is the Project Manager, and Jack Whelan, who is acting in the capacity of a special contract employee. Sherry Carter, Chief Planner, and Jack Whelan, architect, came before the Commission. Ms. Carter stated that the Planning and Development Department took over the Vision Plan project eight weeks ago; that since that time, many issues have been reviewed to narrow the issues down to those that are most pertinent and ones that can be appropriately handled; that these issues are referred to as Vital Elements in the written report; that the schedule is as follows: (1) public process will begin with the Small Area Plan, (2) January 22, 1994 the Downtown Association is sponsoring a Semcon with the focus on public/private partnerships. Ms. Carter continued that she has been working with Tim Seibert to bring two out-of-town planners, Steve Carr and Richard Lamb, to our area; however, the dates have not been established; that a public workshop will be held sO that the local architects can have input before the out-of-town architects come to Sarasota; that the final refinement of the Vision Plan is planned for sometime in March; that once these various meetings have been Book 35 Page 10002 12/20/93 6:00 P.M. Book 35 Page 10003 12/20/93 6:00 P.M. held, the Vision Plan will go through the normal approval process and will be presented to the Commission in April or May, 1994. Ms. Carter stated that the Small Area Plan needs special attention because there is a lot of interest and concern in the area; that the area has an obvious need for revitalization; that there are many different opinions on how the revitalization should be done; that she hopes that the approach the Planning Department has developed (for revitalization) will be perceived as fair, open, and objective; that it has been decided to use a Staff person as Project Manager to make sure that only the public interest is at heart; that the ADP Group has been selected as the consultant to be hired and she spoke with Bruce Franklin and Bob Towne today and asked them to identify and evaluate the current and historic resources of the area (in the Small Area Plan); that the historic resources need to be identified and measures taken to preserve them before talking about any revitalization process; that Pamela Hower will head up the process. Commissioner Cardamone stated that her comments earlier tonight were to use the Vision Plan as a place to talk about social service agencies in the City. Ms. Carter stated that the Planning Department has begun looking at the bigger issue of the City/County relationship and looking at the demographics of people on public assistance in Census Tract 1 and the City overall as well as in the County; that it is hoped to bring to light some of what she thinks are inequities; that she thinks the issue of location of social services will come up when working on the Small Area Plan and will need to be addressed. Commissioner Atkins stated that he is concerned about allocating L.0.S.T. dollars tonight for anything before the needs of Central Avenue and the Downtown North area are addressed. Commissioner Cardamone stated that she feels the area referred to as the Small Area Plan needs a nice name. Ms. Carter stated that the name could be decided by the public when the public input is received. Vice Mayor Patterson stated that she understood some public workshops would be held in the area referred to as the Small Area Plan. Ms. Carter stated that was correct. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to accept the Planning Staff Status Report. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mary Ouillin, 407 Cocoanut Avenue, representing the Downtown North Neighborhood Association (DNNA), came before the Commission and stated that the Small Area Plan is called the Downtown North; that she is concerned about the Status Report because there is not one workshop for the Downtown North mentioned; that the area has been asking for months for a workshop so that a consensus can start to be put together to look at some of the zonings in the area; that with regard to the historical review, she has turned in briefs of the historic significance in the Downtown North area on many occasions; that last year she paid $10 to attend the Semcon; that she wants to know how accessible the Semcon will be for the participation of the people in the Downtown North. Ms. Quillin continued that she wanted to submit a letter from the Downtown North Neighborhood Association (a copy of which is on file in the Office of the City Auditor and Clerk) in which the Commission is asked to direct Staff to work with the DNNA in setting up a workshop or a multitude of little workshops with participation from the City to explain some things about zoning and interfacing residential and commercial areas. Mayor Pillot stated that Ms. Carter had told Vice Mayor Patterson that there would be workshops held in the area. Ms. Quillin stated that no workshops were listed on the schedule (presented by Ms. Carter) and asked when the workshops will be held? Ms. Carter stated that dates for the workshops had not been set yet. Commissioner Atkins stated that he has letters in the mail to three neighborhood associations being impacted in the Small Area to try to pull together a meeting of the minds; that if everyone is willing to come together and make a full-court press collectively in one direction, the City will be able to do the best things for this area; that he invites Ms. Quillin, the Downtown Association, and the S.N.A.G. (Sarasota North Action Group) to come together to collectively resolve some of the intercommunity issues. Commissioner Cardamone stated that there are four groups that represent the same small area, the Downtown North Neighborhood Association, S.N.A.G., Downtown Association, and the Central Avenue Business Association; that she insists that the four groups get together before the City can begin working on the area. 13. UNFINISHED BUSINESS REPORT RE: STATUS OF ST. ARMANDS CIRCLE/FILLMORE DRIVE OFF-STREET PARKING LOT PROJECT - REPORT ACCEPTED (AGENDA ITEM VII-3) #4 (1522) through (1546) City Manager Sollenberger stated that the Commission had previously approved a schedule for proceeding with an assessment district to acquire and construct off-street parking on St. Armands Key on Fillmore Drive; that the schedule is tightly drawn and he had anticipated being closer to resolving the acquisition of the propertyi however, the City and the property owner are a great distance apart (on the selling price). Book 35 Page 10004 12/20/93 6:00 P.M. Book 35 Page 10005 12/20/93 6:00 P.M. It was the consensus of the Commission to accept the status report on the off-street parking lot project. 14. UNFINISHED BUSINESS APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE A CONTRACT FOR ENGINEERING SERVICES FOR THE ST. ARMANDS CIRCLE/PILIMORE DRIVE PARKING LOT APPROVED THE SHORT-LIST OF ENGINEERING FIRMS (AGENDA ITEM VII-4) #4 (1547) through (1923) City Manager Sollenberger stated that this agenda item regards hiring an engineer for the St. Armands Circle/Fillmore Drive parking lot project; that he recommends that the Commission authorize the Administration to negotiate the contract for engineering services, but the Administration will not want to proceed with the engineering services until such time as a price for the acquisition of the property for the parking lot has been agreed upon. Mr. Sollenberger continued that the costs of the property and improvements have to be known when forming an assessment district; that the costs of the improvements cannot be known until the engineering work is done; that if the Commission holds a public hearing on the assessment district and the costs exceed the amount determined at the public hearing, the City would be liable for the excess. Mr. Sollenberger stated that he has indicated to the owner of the property that the City could negotiate above the appraisal as long as certain bases for doing so can be provided by the owner; that the owner of the property proposes placing condominiums over the property with the City having the right to use the ground level for public parking. Mr. Sollenberger continued that if some type of closure cannot be reached on the purchase price, he will have to come back to the Commission to ask for authority to use eminent domain; that due to this setback, the City will not see a 1994 project as was hoped. Mr. Sollenberger stated that he would like for the Commission to accept the Administration's recommendation to approve the short-list of engineering firms and authorize the City to negotiate a contract with the first ranked firm; that the services of the engineer would not be invoked until such time as the land acquisition was finalized. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to reagenda this item until after the City has entered into a contract for the purchase of the property for the proposed parking lot. Vice Mayor Patterson stated that she was going to move the City Manager's recommendation; that she thinks the City Manager is the best person to estimate whether the Staff has the time to negotiate the (engineering) contract; that she thinks that it is important that the property owner understands that the City is still very much interested in acquiring this land; that a lot of people have worked long and hard for this project and need some kind of indication from the City that this project is moving ahead. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to amend the motion and approve the short-list of engineering firms. Amendment to the motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot called for the vote on the amended motion to delay the negotiation of the (engineering) contract but to approve the short-list of engineering firms. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 15. UNFINISHED BUSINESS - REPORT RE: SARASOTA TO VENICE CIRCUS TRAIN, A/K/A/ SARASOTA GREENWAYS NO ACTION TAKEN (AGENDA ITEM VII-5) #4 (1924) through (1969) On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to take no action on this item. Pamela Hower, Senior Planner, came before the Commission and stated that the Rails Council feels that the entire corridor is not feasible at this time because the northern part of Clark Road is still in use and would be at a much higher price than the appraisal of the southern portion; that the area within the City is not being considered at this time. Mayor Pillot called for the vote on the motion to take no action. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 16. UNFINISHBD BUSINESS REPORT RE: STATUS OF MAIN STREET IMPROVEMENT PROJECT = NO ACTION NECESSARY (AGENDA ITEM VII-6) #4 (1970) through (2105) Dennis Daughters, City Engineer/Director of Engineering, came before the Commission and stated that the project is on schedule; that there are no major problems; that there is a minor problem in that a small area of contaminated soil was found where the old City Hall used to be; that the method of cleaning the contaminated soil recommended by the City's soil consultants is going to be used whereby living organisms will be placed in the soil to eat up the petroleum contaminants. Book 35 Page 10006 12/20/93 6:00 P.M. Book 35 Page 10007 12/20/93 6:00 P.M. Commissioner Cardamone asked when information or drawings would be brought to the Commission regarding the intersection (Main Street and Gulf Stream Avenue). . Mr. Daughters stated that this information would be brought to the Commission on January 18, 1994. Deputy City Manager Schneider stated that the Sarasota Herald-Tribune was going to have an article in tomorrow's newspaper that several merchants in the 1500 block (of Main Street) have been unhappy with the entire project. Vice Mayor Patterson asked when the Commission would see drawings from the artist working on the project? Mr. Daughters stated that he had anticipated on bringing drawings to the Commission tonight; however, drawings have not been received yet; that hopefully drawings will be available at the Commission's meeting on January 18. City Manager Sollenberger stated that no action by the Commission was necessary on this item. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to suspend the rules on the adjournment time in order to complete the agenda. Commissioner Merrill stated that he does not think the Commission serves the public well by trying to operate business after 11:30 p.m.; that he urges the Mayor to make the Commission stay on schedule. Mayor Pillot stated that his job as Mayor is to conduct the meeting according to parliamentary procedure and the rules of the Commission, which is to allow the public and the Commissioners to speak. Commissioner Cardamone stated that she thinks there will come a time when special meetings will have to be held regarding the cases that are under the Snyder law. Mayor Pillot called for the vote on the motion to suspend the adjournment time in order to complete the agenda. Motion carried (4 to 1): Atkins, yes; Cardamone, yes; Merrill, no; Patterson, yes; Pillot, yes. 17. NEW BUSINESS DISCUSSION RE: ALLOCATION OF LOCAL OPTION SALES TAX (L.0.S.T.) INTEREST EARNINGS - APPROVED $40,000 FOR SOUTHSIDE VILLAGE IMPROVEMENTS AND $20,000 FOR THE BAYFRONT PARK (AGENDA ITEM VIII-1) #4 (2204) through #5 (0150) City Manager Sollenberger stated that there is a balance of about $1.3 million in excess interest earnings from the Local Option Sales Tax (L.0.S.T.); that his recommendations are as follows: Franklin Manor $150,000 > Island Park Lighting - $75,000 New Pass Seawall = $300,000 Mr. Sollenberger stated that he learned that WCIND (West Coast Inland Navigation District) has invested $345,000 in a building on Ken Thompson Park; that this means WCIND has a stake in the New Pass seawall because the seawall needs to be replaced to protect the shoreline in the event of a storm; that WCIND has offered the City a grant of $200,000 which the City has matched with $200,000; that since WCIND is a stake holder, he feels this position needs to be reexamined; that he thinks WCIND should be requested to contribute more money to replace the seawall; that he suggests asking WCIND for the entire replacement amount. Vice Mayor Patterson stated that she would like to see some money allocated to this seawall project; that if the allocated money can be saved, it could be reallocated to something else later. Mr. Sollenberger stated that the WCIND is governed by a Board of Directors made up of four County Commissioners, one from each County which is a member of WCIND, Manatee, Sarasota, Charlotte, and Lee Counties. Little Five Points $90,000 Southside Village Improvements $40,000 P Bayfront Park Traffic Flow Improvements - $20,000 > Police Cars $190,000 Mr. Sollenberger stated that he would like to get commitments tonight from the Commission for the funds for the Southside Village Improvements and the Bayfront Park. Mr. Sollenberger stated that other items the Commission can consider are as follows: (1) Lighting at Ed Smith Stadium, (2) Main Street Resurtacing, and (3) Neighborhood Improvement Program. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to approve $40,000 for Southside Village Improvements and $20,000 for the Bayfront Park. Commissioner Merrill stated that this money will be some of the last money the City will have to spend and he would like to make sure this money goes to the Coalition of City Neighborhoods; that he has not received much input from people on this money; that he Book 35 Page 10008 12/20/93 6:00 P.M. Book 35 Page 10009 12/20/93 6:00 P.M. does not know if people are aware this money is available; that he wants to be sure that all priorities are touched and that everyone is aware of the things that are going to be done, so people do not question why certain things were done; that he would like the Commission to support the City Manager on his important high-priority items, but in the new year would like discussion started as to what should be done with the remainder of the money. Vice Mayor Patterson stated that she supports Commissioner Merrill's motion and the intent of his comments; that her concern is that the Commission had been talking about a bond issue potentially for some drainage projects when it became first evident that this large amount of money was going to be available; that she was unhappy with the fact that the City never seemed to get a handle on a long-term program of how certain things were going to be addressed; that she had thought that the dollars would be a head start on some drainage issues; that she understands that the County is moving ahead on some (drainage) issues perhaps because there are additional monies in the annual levy against properties; that she would like the City Manager to discuss this after the vote on the motion. Mr. Sollenberger stated that a report had been placed on the Commission's last agenda (December 6) on the storm water drainage utility issues; that he had planned to reschedule this item tonight to be discussed along with the L.O.S.T.; however, this was inadvertently left off of tonight's agenda. City Auditor and Clerk Robinson stated that Mr. Daughters had said that this issue was to be rescheduled for January. Vice Mayor Patterson stated that she does not think these issues can be discussed separately. Mr. Sollenberger stated that he would be extremely pleased and comfortable if the Commission rescheduled the allocation of the funds as Commissioner Merrill has suggested; that the gist of the report from the Engineering Department was that the County drainage utility is moving ahead addressing the items that the Commission has identified as the major concerns; that if we try to expedite these issues and go to a bond issue, there will be a major time lapse because it will take sO much time to get the projects engineered and permitted; that the areas Commissioner Atkins is concerned about, particularly the 40 homes that are subject to flooding, are currently being addressed by the County; that the School Board is addressing a portion of the flooding activity at the Booker School campus; that the County and School Board are using the same consultant for their projects, so there will be coordinated planning; that the project on 18th, 19th, and 20th Streets along the railroad right-of-way is moving along. Dennis Daughters, City Engineer/Director of Engineering, came before the Commission and stated that the project on 18th, 19th, and 20th Streets is in the SWFWMD (Southwest Florida Water Management District) permitting process; that it appears that the U.S. Army Corps of Engineers (USACE) is going to do a basin study for Whitaker Bayou; that it is likely that there will be some City expense to this project (basin study). Vice Mayor Patterson asked how much the USACE project will cost? Mr. Daughters stated that it will be close to $1 million. Mr. Sollenberger stated that he feels the funding requirement for the USACE project should be dealt with when the City knows exactly what the requirement is, rather than tie up the bulk of the L.0.S.T. funds for several years waiting for the USACE study. Mr. Daughters stated that the design of the Hudson Bayou project will also be coming forward in the next few years. Vice Mayor Patterson stated that she thought the Hudson Bayou people were offering to tax themselves for this project. Mr. Daughters stated that it would only be for the dredging in the channel; that facilities further upstream need significant changing that relate to the coordination with the School Board. Vice Mayor Patterson stated that she has seen surveyors along Siesta Drive and : asked whether someone was moving ahead to do something on the drainage in this area? Mr. Daughters stated that he was not aware of this activity; that he will try to find out what the surveying is for. Mr. Sollenberger stated that the Pelican Drive area is going to be addressed through the Maintenance Budget. Mr. Daughters stated that was correct; that this project is still in the investigation stage at this time. Vice Mayor Patterson stated that the people on Anglin Drive are under the impression they voted on a bond issue years ago that included addressing the flooding on Anglin Drive and asked whether there is a funding source to do this? Mr. Daughters stated that he was not prepared to answer all of these specific issues. Vice Mayor Patterson stated that she wanted to know whether the people (on Anglin Drive) were told that the bond issue (in 1985) was going to specifically address the flooding in their area. Mr. Daughters stated that he would find out the answer to Vice Mayor Patterson's questions. Mr. Daughters stated that he intends to bring this report back to the Commission on January 3; that he had asked Mr. Robinson to Book 35 Page 10010 12/20/93 6:00 P.M. Book 35 Page 10011 12/20/93 6:00 P.M. remove this from tonight's agenda because the Staff person who worked on the report is on vacation. Commissioner Cardamone stated that she would like to have the Commission explore the use of some of these monies or some monies to provide the City with a Code Enforcement person to address the Central Avenue area, the Resurrection House area, and Police services for these specific areas; that in approving the expansion of the Resurrection House earlier tonight, the City has an obligation to spend some money in this area for relief to the residents and business owners for their problems; that she would like funds to be taken away from any project it can and be placed in a Central Avenue Fund because she is totally committed to begin some major work in the Central Avenue area; that she became a city Commissioner because she is not supportive of more beautification projects for the City. Devin Rutkowski, 1920 Laurel, representing the Laurel Park Neighborhood Association, came before the Commission and stated that he thought this would be an appropriate time to talk about the Laurel Park neighborhood; that it has been about three years since the City made a philosophical and financial commitment to revitalize the City's downtown neighborhoods; that he believes the Laurel Park neighborhood has the worst behind it; that at least a dozen properties that were rental properties are now single-family, owner-occupied buildings; that two large multi-family historic buildings have been renovated; that the broken sidewalks have been repaired; that he feels the crime rate has stabilized; that the construction of the neighborhood's pocket park is underway and due to be completed by the end of January 1994; that the Vision Plan and the Conservation District is exciting; that he thanks the Commission for all that has been done in Laurel Park and he looks forward to the future. Mr. Rutkowski continued that a long time ago a Commissioner told him that Osprey Avenue is the window to the City; that he feels the focus needs to be the public's perceived image of the problem as opposed to the problem; that he feels traffic abatement and beautification would be ideal short-term goals for the portion of Osprey Avenue from Alderman Street to Morrill Street; that he would like to appeal for any funds possible for a project within the next 12 to 18 to 24 months to landscape a median down Osprey Avenue with perhaps some Washingtonia palms, crape myrtles, and a ground cover; that such a median would restrict the travel lanes to about 14 feet, 3 or 4 feet of which could be used for a bicycle lane; that a signalized pedestrian crossing is needed also. 18. CONSENT AGENDA NO. 2 - ITEM 3 (RESOLUTION NO. 94R-701) = ADOPTED (AGENDA ITEM III-B-3) #5 (0151) through (0259) 3. Adoption Re: Proposed Resolution No. 94R-701, authorizing the filing of a grant application for $50,000 of State funds from Florida Department of Natural Resources for the 6th Street Lagoon Boardwalk; etc. (Title Only) On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to approve $25,000 of the L.0.S.T. (Local Option Sales Tax) money be allocated to match a grant on a 50/50 basis the funds necessary for construction the 6th Street Lagoon boardwalk bridge. City Auditor and Clerk Robinson read proposed Resolution No. 94R-701 by title only. Mayor Pillot requested that the City Auditor and Clerk proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Vice Mayor Patterson stated that she thanks the Commissioners for their support on the 6th Street Lagoon boardwalk bridge because she feels it is an important part of the project; that she thinks a portion of the L.0.S.T. money should be set aside for the Vision Plan so that all of the money is not spent before the Vision Plan can recommend projects that need to be done; that the Commission will have her support and sympathy when money is needed for the Central Avenue area. Mr. Sollenberger stated that when he mentioned allocating some money for the (Central Avenue) purpose, he meant reserving some dollars so that the Commission would have the funds available to do exactly as Vice Mayor Patterson has suggested. 19. NEW BUSINESS = DISCUSSION RE: PROPOSED ORDINANCE NO. 94-3765, AMENDING ARTICLE IX OF THE ZONING CODE PERTAINING TO NON-CONFORMING USES OF STRUCTURES IN ALL RESIDENTIALLY ZONED DISTRICTS ETC. REFERRED TO THE PLANNING BOARD FOR REVIEW WITH NOTIFICATION TO BE GIVEN BY MAIL TO THE PROPERTY OWNER AND AN AD PLACED IN THE LOCAL SECTION OF THE NEWSPAPER FOR THE GENERAL PUBLIC (AGENDA ITEM VIII-2) #5 (0287) through (0457) William Hewes, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that the Commission had requested preparation of an ordinance which would extend for five additional years all of the nonconforming buildings and a plan be prepared to do a study over the next 14 months to determine what recommendations need to be made (regarding the nonconforming buildings); that the ordinance is prepared and a plan has been prepared by Michael Taylor (Deputy Director of Planning and Development). Mr. Hewes continued that he has received two letters Book 35 Page 10012 12/20/93 6:00 P.M. Book 35 Page 10013 12/20/93 6:00 P.M. from the members of the public who requested that the letters be given to the Commission (which he distributed at this time) on this issue. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to refer this to the Planning Board for review with notification to be given by mail to the property owner and an ad placed in the local section of the newspaper for the general public. Mayor Pillot stated that he would be willing to vote to permanently grandfather in some of the subject structures if the people are notified in the mail that this five years, including the 14-month study, will not sound a death knell to them, but rather is to provide time for careful consideration and that no decision has been made one way or the other. Mayor Pillot called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 20. BOARD APPOINTMENTS APPOINTMENT RE: ELECTRICAL BOARD OF RULES AND APPEALS - LAWRENCE B. MILLS (LICENSED LOW VOLTAGE CONTRACTOR) AND EDWARD WINDEMULLER (LICENSED RESIDENTIAL CONTRACTOR) REAPPOINTED (AGENDA ITEM IX-1) #5 (0458) through (0472) On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to reappoint Lawrence B. Mills and Edward Windemuller to the Electrical Board of Rules and Appeals. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 21. BOARD APPOINTMENTS APPOINTMENT RE: FIRE PROTECTION/PUBLIC SAFETY ADVISORY COMMITTEE GLEN D. HOEHNLEIN (LIFE SAFETY RESPONSIBILITIES). MARK RAMAEKER (LICENSED ARCHITECT) AND RALPH TRITES, (LIFE SAFETY RESPONBIBILITIES) REAPPOINTED (AGENDA ITEM IX-2) #5 (0473) through (0484) On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to reappoint Glen D. Hoehnlein, Mark Ramaeker, and Ralph Trites to the Fire Protection/Public Safety Advisory Committee. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 22. BOARD APPOINTMENTS APPOINTMENT RE: HISTORIC PRESERVATION BOARD = KRISTINA TIGNOR (REGISTERED PROFESSIONAL ENGINEER) REAPPOINTED MARK MUMFORD APPOINTED TO THE VACANT SEAT (AGENDA ITEM IX-3) #5 (0485) through (0568) On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to reappoint Kristina Tignor to the Historic Preservation Board. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Merrill stated that he wanted to nominate Robert W. Coonrod for the vacant seat on the Historic Preservation Board. Vice Mayor Patterson stated that she wanted to nominate Mark Mumford for the vacant seat on the Historic Preservation (HP) Board; that Mr. Mumford is a professor of historic architecture at New College and the University of South Florida; that she was introduced to him about a week ago and talked with him at length; that she feels Mr. Mumford would be an excellent candidate for the seat on the HP Board. Commissioner Cardamone stated that Mr. Mumford owns property within the City of Sarasota and Mr. Coonrod does not. Mayor Pillot called for the vote on the nomination of Mr. Coonrod. Atkins, yes and Pillot, yes. Mayor Pillot called for the vote on the nomination of Mr. Mumford. Cardamone, yes; Patterson, yes; Merrill, yes. Mayor Pillot stated that Mr. Mumford was appointed to the vacant seat on the Historic Preservation Board. 23. BOARD APPOINTMENTS APPOINTMENT RE: MECHANICAL BOARD OF RULES AND APPEALS - LAWRENCE N. BUTTON CITIZEN-AT-LARCE) AND RICHARD B. LYTTLE (LICENSES ARCHITECT) REAPPOINTED (AGENDA ITEM IX-4) #5 (0569) through (0580) On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to reappoint Lawrence N. Button and Richard B. Lyttle to the Mechanical Board of Rules and Appeals. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 24. BOARD APPOINTMENTS APPOINTMENT RE: PARKS, RECREATION, AND ENVIRONMENTAL PROTECTION ADVISORY BOARD ELINOR CRAWFORD AND RICHARD MARTIN REAPPOINTED: JO RITA STEVENS APPOINTED TO THE VACANT SEAT (AGENDA ITEM IX-5) #5 (0580) through (0610) On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to reappoint Elinor Crawford and Richard Martin to the Parks, Recreation and Environmental Protection Book 35 Page 10014 12/20/93 6:00 P.M. Book 35 Page 10015 12/20/93 6:00 P.M. Advisory Board. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to appoint Jo Rita Stevens to the vacant seat on the Parks, Recreation and Environmental Protection Advisory Board. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 25. BOARD APPOINTMENTS - APPOINTMENT RE: PLUMBING BOARD OF RULES AND APPEALS JOHN E. MILLER (LICENSED MASTER PLUMBER) AND CHARLES W. RIEDINGER (LICENSED MASTER PLUMBER) REAPPOINTED (AGENDA ITEM IX-6) #5 (0611) through (0619) On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to reappoint John E. Miller and Charles W. Riedinger to the Plumbing Board of Rules and Appeals. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill; yes; Patterson, yes; Pillot, yes. 26. BOARD APPOINTMENTS APPOINTMENT RE: VAN WEZEL PERFORMING ARTS HALL COMMITTEE = - APPOINTED LYNN ROBBINS TO THE VACANT SEAT (AGENDA ITEM IX-7) #5 (0620) through (0653) Commissioner Merrill nominated Lynn Robbins to the vacant seat on the Van Wezel Performing Arts Hall Committee. Commissioner Cardamone nominated Kathleen Toale to the vacant seat on the Van Wezel Performing Arts Hall Committee. Commissioner Atkins nominated Roy McBean to the vacant seat on the Van Wezel Performing Arts Hall Committee. Mayor Pillot called for the vote on the nomination of Kathleen Toale to the vacant seat on the Van Wezel Performing Arts Hall Committee. Cardamone, yes. Mayor Pillot called for the vote on the nomination of Lynn Robbins to the vacant seat on the Van Wezel Performing Arts Hall Committee. Merrill, yes and Patterson, yes. Mayor Pillot called for the vote on the nomination of Roy McBean to the vacant seat on the Van Wezel Performing Arts Hall Committee. Atkins, yes and Pillot, yes. Mayor Pillot stated that there was a tie vote for Lynn Robbins and Roy McBean. Mayor Pillot called for a second vote on the nomination of Lynn Robbins to the vacant seat on the Van Wezel Performing Arts Hall Committee. Cardamone, yes; Merrill, yes; and Patterson, yes. 27. BOARD APPOINTMENTS - APPOINTMENT RE: CITY RESIDENT TO SERVE ON THE SARASOTA COUNTY NATURAL RESOURCES AND RECREATIONAL ADVISORY BOARD -= APPOINTED ALAN LILLIE (AGENDA ITEM IX-8) #5 (0654) through (0669) On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to appoint Alan Lillie to serve as the City's representative on the Sarasota County Natural Resources and Recreational Advisory Board, as recommended by the Parks, Recreation and Environmental Protection Advisory Board. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 28. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - - CITY MANAGER TO PROVIDE A STATUS REPORT ON THE THREE CROWNS BUILDING ON LIDO KEY; SCHEDULED A PUBLIC HEARING FOR THE MEETING OF JANUARY 3, 1994 REGARDING NEW RULES AT THE BOBBY JONES GOLF COURSE; DECIDED THAT IF A COMMISSIONER REACHES THE MAXIMUM BUDGETED ALLOCATION FOR TRAVEL EXPENSES, ANY ADDITIONAL REQUESTS SHOULD BE PRESENTED TO THE COMMISSION FOR CONSIDERATION (AGENDA ITEM X) #5 (0670) through (1435) VICE MAYOR PATTERSON: A. stated that the City received a letter from an attorney representing the people pursuing a mortgage foreclosure on the Three Crowns building on Lido Key; that the community is sick and tired of the problem with the Three Crowns; that she would like the Commission to support bulldozing this building. City Manager Sollenberger stated that he feels a good cost estimated is needed if the Commission wants to proceed with demolition of the Three Crowns building; that if there is a problem with asbestos, the expense could escalate. Vice Mayor Patterson stated that the Commission needs a status report on whether demolition can be pursued or not. Mr. Sollenberger stated that the Administration will provide a status report to the Commission. B. stated that the southernmost traffic island newly installed on Orange Avenue has some reflectors on the ground and there is a reflector sign; however, she feels the area needs to be lighted to prevent a head-on collision with the trees; that she had noticed that there are two light globes which are lit and which provide Book 35 Page 10016 12/20/93 6:00 P.M. Book 35 Page 10017 12/20/93 6:00 P.M. enough lighting to take care of the problem if the lights remain lit in the future; and that she would like a report on the lighting in this area. C. stated that the (Orange Avenue) neighborhood has requested signage for signs stating Slow-Meighborhood. - Mr. Sollenberger stated that he has asked the Engineering Department to work with the Public Works Department to get such signage in place. Commissioner Cardamone asked if the sign at the old (northern) median at this location could be moved in front of the pole rather than behind the pole. Mr. Sollenberger stated that the pole would probably have to be put on a bracket and would make efforts to resolve the problem. D. stated that she received a letter which was a reply from Governor Chiles on a letter sent out under her signature while the Mayor was out of town; that the Governor's support was requested for funding for sand on Lido Key; that the Governor's reply was that funding for this project was not going to be in the State's budget. COMMISSIONER ATKINS: A. stated that he wanted to reassure the Commission that there are no homeless on Janie Poe Drive as previously stated tonight. COMMISSIONER MERRILL: A. stated that new rules have gone into effect at the Bobby Jones Golf Course; that the Commission approved the consultant's report; however, some of the details of the report that have been implemented were never voted on by the Commission; that a lot of the residents would like to air their concerns about the new rules to the Commission; that he would like to request that this issue be placed on the agenda for the meeting of January 3, 1994 as a public hearing. It was the consensus of the Commission to hold a public hearing at the meeting of January 3, 1994 regarding new rules at the Bobby Jones Golf Course. City Auditor and Clerk Robinson stated that he would place this item as the first public hearing on January 3. COMMISSIONER CARDAMONE: A. stated that she feels that it should be announced by the Mayor if a Commissioner is going to be absent from meetings and the reason for the absence because the public wonders about such absences. Mayor Pillot asked that the City Auditor and Clerk remind the Chairperson to make such announcements. B. stated that she has been of the opinion that workshops are for the education of the Commission and not public hearings. Vice Mayor Patterson stated that perhaps the Commission should adhere to the rule that nobody can speak at workshops unless the Commission decides ahead of time when the workshop is scheduled that public input will be allowed and the public is notified. C. stated that she wanted to know whether there were minutes of the Van Wezel Committee Meetings; that she would like to receive copies of minutes of the various Advisory Boards. City Auditor and Clerk stated that his office receives the original copy of the minutes of the Advisory Boards; that he will see that the Commissioners receive a copy of these minutes. D. stated that she sent a memorandum to each Commissioner and the City Manager regarding travel expenses of City Commissioners; that she wanted to read paragraph three of this memorandum as follows: I believe in order to be totally fair to each other we need to stop travelling or pay our own expenses when we reach $1,275 or request special approval from this Commission for further expenditures. In fact, I think for reasons of propriety, we should seek approval at the commission table for all travel, and we should make a full report of information learned, contacts made, etc. at various conferences, and all conferences should be directly related to city business (some of the past participation is questionable in my mind.) Mayor Pillot stated that he does not use any City money for his travel expenses. Commissioner Cardamone stated that she excluded the Mayor from the total because she knew the Mayor did not use his travel expense allotment. Vice Mayor Patterson stated that she did not have a problem with a per person allocation as long as it is flexible; that Book 35 Page 10018 12/20/93 6:00 P.M. Book 35 Page 10019 12/20/93 6:00 P.M. there are different levels of participation in outside organizations that require travel; that she is a member of the Board of Directors for the League of Cities to lobby for the City; that there are many cities who send five commissioners to the League of Cities meetings, which makes a big difference in a city's lobbying efforts; that most cities also send the city managers and sometimes the city clerks as well; that the City of Sarasota is under represented. Commissioner Atkins stated that he felt the Commission did not allocate enough money in the budget for adequate travelling expenses; that since juvenile crime has become a special issue, he now is on a State Board as well as the National Black Caucus as a local, elected official; that he thinks the knowledge he has gained has come from such meetings; that he has not attended all of the meeting he has been invited to attend; that he is concerned because the City of Sarasota is definitely under represented at every level. Commissioner Merrill stated that his portion of travel expenses will be available to someone else because he has no intention to travel. Vice Mayor Patterson stated that she suggests that if a Commissioner reaches the maximum budgeted allocation, any additional requests should be presented to the Commission for consideration. It was the consensus of the Commission to do as Vice Mayor Patterson suggested. Commissioner Cardamone stated that she would like to hear the information learned at meetings attended by Commissioners. MAYOR PILLOT: None 29. OTHER MATTERS /ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #5 (14) through (1610) CITY MANAGER SOLLENBERGER: A. stated that commencing January 1994, the Staff will no longer make recommendations on zonings and special exception matters as a result of the suggestion of Vice Mayor Patterson. B. stated that the Ken Thompson monument on Ken Thompson Island will be completed January 15, 1994; that the structure will be dedicated as soon after that as possible. Mayor Pillot asked that the dedication be a nice ceremony. Mr. Sollenberger stated that he had lunch with Mr. Thompson last week and since Mr. Thompson is very committed to the Commission/Management form of government; that Mr. Thompson thought there should be some recognition of Sarasota's commitment to the Commission/City Manager form of government since 1945. Mr. Sollenberger continued that he would like some time to think about the ceremony. Mayor Pillot stated that perhaps a small shelter could be arranged with some refreshments also. C. stated that the Civic Center renovations are proceeding nicely; that he suggests that the Commissioners go by and see how well everything is proceeding. CITY ATTORNEY TAYLOR: None CITY AUDITOR AND CLERK ROBINSON: None 30. ADJOURN (AGENDA ITEM XII) #5 (1612) The Regular Meeting of the Sarasota City Commission of December 20, 1993 was adjourned at 12:50 a.m. 5 - AC 52 GENE M. PILLOT, MAYOR ATTEST: Billy & Robenson BILLY E/ROBINSON, CITY AUDITOR AND CLERK Book 35 Page 10020 12/20/93 6:00 P.M.