BOOK 45 Page 17901 12/07/98 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 7, 1998, AT 6:00 P.M. PRESENT : Mayor Jerome Dupree, Vice Mayor David Merrill, Commissioners Mollie Cardamone, Albert Hogle, and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT : None PRESIDING: Mayor Jerome Dupree The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:04 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR NOVEMBER 1998, RICHARD B. WINTERS, ENGINEERING TECHNICIAN V, ENGINEERING DEPARTMENT #1 (0049) through (0257) Mayor Dupree requested that City, Manager Sollenberger, Dennis Daughters, Director of Engineering/City Engineer, Alexandrea Hay, Assistant City Engineer, and Richard Winters, Engineering Technician V, join him before the Commission. Ms. Hay stated that Mr. Winters, who has been employed by the City of Sarasota since 1988, has a professional and enthusiastic work ethic which has gained him respect from Staff and citizens; that Mr. Winters' efforts were unparalleled in resolving stormwater issues and providing input on the development of the Stormwater Environmental Utility (SEU) Interlocal Agreement; that Mr. Winters' hard work is appreciated. Mr. Daughters stated that Mr. Winters is the type of employee who constantly works hard and continuously performs the tasks of two or three employees; that recognition of Mr. Winters as Employee of the Month is well deserved. City Manager Sollenberger stated that in working with Mr. Winters on various occasions, he agrees Mr. Winters "Serves with Excellence and Pride. ." Mayor Dupree presented Mr. Winters with a City-logo watch, a plaque, and a certificate as the November 1998, Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Winters recognized his wife Sarah and his mother Betty, who were present in the audience; and stated that the recognition is appreciated; however, resolution of stormwater issues was a joint effort between City and County Staffs. 2. PRESENTATION RE: ADOPTION RE: MEMORIAL RESOLUTION NO. 99R-1137, RECOGNIZING THE PASSING OF JOHN o. BINNS, FORMER COMMISSIONER AND MAYOR OF THE CITY OF SARASOTA, WHOSE CONTRIBUTIONS TO THE COMMUNITY WERE SIGNIFICANT AND BENEFICIAL AND ARE GREATLY APPRECIATED - ADOPTED #1 (0260) through (0607) Mayor Dupree stated that the City of Sarasota Memorial Resolution No. 99R-1197, recognizes the October 21, 1998, passing of John Binns, former Commissioner and Mayor of the City of Sarasota, an outstanding citizen of Sarasota. Mayor Dupree read Memorial Resolution No. 99R-1197 in its entirety. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to adopt Memorial Resolution No. 99R-1137. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Hogle, yes; Merrill, yes; Pillot, yes. Charles D. Bailey came forward and stated that Mr. Binns was a former employer and friend who will be missed by manyi and recognized the following people who were present in the audience to honor Mr. Binns: Family: Bonnie and Mitch Franks, daughter and son-in-law; Jack and Sue Binns, son and daughter-in-law; Ashlee Binns, granddaughter; Mica Binns, great-grandaugater Friends: Willie Mitchell, Jr., Sandy Saunders, Charlie Stottlemyer, Eddie Morton, Ken and Barbara Thompson Bonnie Franks and Jack Binns came forward and were presented with a copy of the memorial resolution appropriately framed on a plaque. Commissioner Cardamone stated that the Letter to the Editor written by Mr. Bailey and published in the Friday, November 20, 1998, Sarasota Herald-Tribune, which memorialized Mr. Binns to the community, was appreciated. BOOK 45 Page 17902 12/07/98 6:00 P.M. BOOK 45 Page 17903 12/07/98 6:00 P.M. 3. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0622) through (0846) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Consent Agenda No. 1, Item No. III A-9, Approval Re: Authorize the Mayor to execute the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems Project Agreement between the City of Sarasota and the Florida Department of Environmental Protection for the Lido Key Beach Erosion Control Project, FDEP Contract 98SA1, per the request of Dennis Daughters, Director of Engineering/City Engineer. B. Remove under Consent Agenda No. 1, Item No. III A-7, Approval Re Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Bayshore Construction (Bid #98-61L), in the amount of $46,830, for the construction of Indian Beach Restoration Project, per the request of Alexandrea Hay, Assistant City Engineer. Mayor Dupree requested the following Change to the Orders of the Day: C. Postpone action under Board Appointments, Item No. IX-1, Appointment Re: Housing Authority of the City of Sarasota until a future regular Commission meeting. Mayor Dupree stated that approximately 15 applications have been received for the three vacant positions on the Sarasota Housing Authority (SHA) Board; that additional time for review is necessary before nominees can be submitted for appointment. Commissioner Cardamone stated that since three members will be appointed to the SHA Board, a discussion should be held regarding the qualities the Commission feels the appointees should possess. Mayor Dupree stated that a discussion on the qualities desired by the Commission would be beneficial. Commissioner Merrill stated that interviewing 15 applicants before the next regular Commission meeting would be difficult; and suggested the Mayor submit names for appointment to the SHA Board at the December 21, 1998, regular Commission meeting and the Commission vote for confirmation be postponed until the January 4, 1999, meeting, which would provide adequate time for individual Commissioners to interview potential appointees. Commissioner Pillot stated that Commission discussion regarding desired qualities of the appointees may be beneficial to the Mayor in determining his appointments and could occur under Agenda Item No. IX-1 this evening. Mayor Dupree stated that hearing no objections, the Commission will discuss desired qualities of members to be appointed to the SHA Board under Agenda Item No. IX-1, the Mayor will submit nominations to the SHA Board for Commission consideration at the December 21, 1998, regular Commission meeting, and the Commission will vote to confirm the Mayor's appointments at the January 4, 1999, regular Commission meeting. On motion of Commissioner Merrill and second of Commissioner Pillot, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 4. APPROVAL OF MINUTES RE: MINUTES OF THE SARASOTA CITY COMMISSION REGULAR MEETING OF NOVEMBER 16, 1998, AND SPECIAL MEETINGS OF NOVEMBER 17, 1998, AND NOVEMBER 18, 1998 - APPROVED (AGENDA ITEM I-1,-2,-3) #1 (0846) through (0899) Mayor Dupree asked if the Commission had any changes to the minutes. Mayor Dupree stated that hearing no changes, the minutes of the City Commission regular meeting of November 16, 1998, and special meetings of November 17 and November 18, 1998, are approved by unanimous consent. 5. CONGRATULATIONS RE: JENCIE DAVIS #1 (0899) through (0933) Commissioner Pillot congratulated Jencie Davis, a regular attendee at Commission meetings, on the upcoming retirement of her son, James C. Brown, who has been the Associate Dean of Educational Services at Manatee Community College for many years and was formerly a member of the Sarasota Housing Authority Board. 6. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF NOVEMBER 4, 1998 - SET PETITION NO. 98-SV-07 FOR PUBLIC HEARING ON DECEMBER 21, 1998, IN CONJUNCTION WITH PETITION Nos. 98-CO-06, AND 98-DPR-H; AFFIRMED PBLP APPROVAL OF PETITION NOS. 98-SE-18 AND 98-PSD-O (AGENDA ITEM II-1) #1 (0951) through (1350) Michael Taylor, Deputy Director of Planning and Development, and Lou Ann Palmer, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. BOOK 45 Page 17904 12/07/98 6:00 P.M. BOOK 45 Page 17905 12/07/98 6:00 P.M. Ms. Palmer presented the following items from the Planning Board/Local Planning Agency's regular meeting of November 4, 1998: A. Petition Nos. 98-SV-07, 98-CO-06, and 98-DPR-H Ms. Palmer stated that Petition No. 98-SV-07 is a request to vacate a portion of School Avenue by reducing the width from 80 feet to approximately 50 feet on both the east and west sides and to vacate the westerly portion of Main Street approximately 137 feet east of the railroad tracks and south of the Sarasota Lanes bowling alley; that the street vacation petition has been filed in conjunction with Conditional Rezoning Petition No. 98-CO-06, Development Plan 98-DPR-H, and Off-Site Parking Agreement 99-OSP-01, for construction of a ten-story, 82,000-square-foot office building at One South School Avenue to be known as Kane Plaza; that the PBLP upon finding the property of no benefit to the City or public and that closing or discontinuing the public park or street is in the best public interest recommends Commission approval of Petition No. 98-SV-07 with the following condition: Petitioner shall execute utility easements in favor of Comcast Cablevision of West Florida, Inc., Florida Power & Light, GTE, and People's Gas System, Inc., for the purposes of maintaining and repairing any existing utility facilities within the vacated right of way. Alternatively, Petition may present evidence that the utility companies referenced have no facilities within the portion of the public right-of-way to be vacated. All applicable easement deeds or written evidence that such deeds are not required shall be submitted to the City prior to second reading of the ordinance approving the street vacation. Ms. Palmer stated that Petitions Nos. 98-CO-06 and 98-DPR-H, which were recommended for approval by the PBLP, have been set for public hearing before the Commission on December 21, 1998; that the PBLP approved Petition No. 99-OSP-01 at their December 2, 1998, meeting; that Commission action is not required on Off-Site Parking Agreements. Commissioner Pillot asked for clarification as to the effect the vacation of Main Street east of the railroad tracks to west of Lime Avenue would have on the independent businesses located south of the bowling alley? Ms. Palmer stated that concerns expressed by adjacent business owners at the PBLP public hearing focused more on parking than on access as customers of the businesses are accustomed to parking on the vacant parcel. Mr. Taylor referred to a site map included in the Agenda materials; and stated that the portion of Main Street utilized for access by the adjacent business owners is not being vacated. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the proposed street vacation is limited to the western portion of Main Street up to the railroad track and does not extend to Lime Avenue; therefore, circulation via the alley west of the railroad track will be retained. Commissioner Cardamone left the Commission table at 6:40 p.m. Commissioner Pillot stated that the description "east of the railroad tracks and south of the bowling alley" implies the portion of Main Street extending to Lime Avenue is included; that the language should be clarified. On motion of Commissioner Pillot and second of Commissioner Merrill, it was moved to set Petition No. 98-SV-07 for public hearing on the same date as Petition Nos. 98-CO-06 and 98-DPR-H. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yesi Merrill, yes; Pillot, yes; Dupree, yes. B. Petition No. 98-SE-18 and 98-PSD-0 Ringling School of Art and Design Whitaker Bayou Complex Ms. Palmer stated that Petition No. 98-SE-18 is a special exception request to permit expansion of a college in the Residential, Multiple-Family (RMF-3) Zone District on property located at 2400, 2434,and 2448 Bradenton Road; that Petition No. 98-PSD-O is the site plan for development of a four-building complex, to be known as the Whitaker Bayou Complex, which will be comprised of 12,500 square feet of classrooms, offices, faculty work areas, and an exhibition production area; that the PBLP found Petition No. 98-SE-18 consistent with the Sarasota City Plan and recommends Commission affirmation of the PBLP resolution approving the special exception request with the following conditions: 1. The applicant shall ensure a fire hydrant is operational within 500 feet of the project prior to issuance of a building permit for the building. 2. Right-of-way, along the east side of Bradenton Road shall be dedicated as shown on the site plan by the execution of an easement deed or fee simple deed to the City prior to issuance of a building permit. BOOK 45 Page 17906 12/07/98 6:00 P.M. BOOK 45 Page 17907 12/07/98 6:00 P.M. Commissioner Cardamone returned to the Commission table at 6:42 p.m. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to affirm PBLP approval of Petition Nos. 98-SE-18 and 98-PSD-0. Motion carried unanimously (5 to 0): : Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 7. BOARD ACTIONS: : REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF NOVEMBER 10, 1998 = SET PETITION NOS. 98-HDD-01, 98-HD-06, AND 99-HD-01 FOR PUBLIC HEARING; APPROVED NOMINATION LIST FOR GREAT FLORIDIANS 2000 PROGRAM (AGENDA ITEM II-2) #1 (1350) through (1834) Michael Taylor, Deputy Director of Planning and Development, and Craig Holliday, Chairman of the Historic Preservation Board, came before the Commission. Mr. Holliday presented the following items from the Historic Preservation Board's regular meeting of November 10, 1998: Petition No. 98-HDD-01 535 Boulevard of the Presidents and 601 Tyler Drive Van Wezel Estate District Mr. Holliday stated that based on a review by Staff from the Sarasota County Department of Historical Resources, the Historic Preservation Board unanimously recommends designation as an historic district lots 13, 14, 15, and 16 of the property located at 535 Boulevard of the Presidents and 601 Tyler Drive, known as the Van Wezel Estate, including the main residence, the boat house, picnic table, barbecue grill and swimming pool but excluding the non-contributing guest house/garage; that the property meets the following criteria listed in Ordinance No. 86-3019, Section 15-14: (a) Exemplifies or reflects the broad cultural, political, economic and social history of the City of Sarasota, due to early dates of construction for the resources and location within the Key's first planned development John Ringling Estates; and (e) The principal residence is associated with a prominent architect, Thomas Reed Martin, who has been acknowledged as a locally significant designer of merit. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to set Petition No. 98-HDD-01 for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Petition No. 98-HD-06 1509 South Orange Avenue H.B. Williams House Mr. Holliday stated that based on a review by Staff from the Sarasota County Department of Historical Resources, the Historic Preservation Board unanimously recommends historic designation of the structure located at 1509 South Orange Avenue, which meets the following criteria listed in Ordinance No. 86-3019, Section 15-14: (a) Exemplifies or reflects the broad cultural, political, economic and social history of the City of Sarasota, Sarasota County, the State of Florida, and the United States of America. (d) Embodies the distinctive visible characteristics of an architectural style or period or a method of construction. (e) Represents the work or a designer or building whose work has been generally acknowledged. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to set Petition No. 98-HD-06 for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Petition No. 99-HD-01 1440 Main Street S.H. Kress Building Mr. Holliday stated that based on a review by Staff from the Sarasota County Department of Historical Resources, the Historic Preservation Board unanimously recommends historic designation of the structure located at 1440 Main Street, which meets the following criteria listed under Land Development Regulations, Section IV-806 (A) : (1) Exemplifies or reflects the broad cultural, political, economic and social history of the City of Sarasota, Sarasota County, the State of Florida, and the United States of America through its representation of depression-era design and construction. (4) Embodies the distinctive visible characteristics of the Art Deco Style. BOOK 45 Page 17908 12/07/98 6:00 P.M. BOOK 45 Page 17909 12/07/98 6:00 P.M. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to set Petition No. 99-HD-01 for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Great Floridians 2000 Mr. Holliday stated that the City of Sarasota has been solicited to participate in a new, Statewide program sponsored by the Florida League of Cities to recognize influential historic figures and commemorate great Floridians; that submittal of five nominee applications from the City has been requested; that the guidelines require a nominee be deceased and also be associated with a downtown building at least 30 years old; that Mikki Hartig of Historical and Architectural Research Services has prepared the following list of nominees, which the Historic Preservation Board supports for submittal for consideration in the Great Floridians 2000 program: Nominee Associated Building Charles Ringling Charles Ringling Office Building 1927 Ringling Boulevard A. B. Edwards Edwards Theater Pineapple Avenue Owen Burns & Burns Court Thomas Reed Martin Pineapple Avenue Andrew McAnsh Mira Mar Apartments Palm Avenue Mr. & Mrs. C.V.S. Wilson Sarasota Times Building Second Street Alternative Choices Dr. Jack Halton Halton House Cocoanut Avenue Dr. C. B. Wilson Wilson House Orange Avenue George Lindsay Sarasota Herald Tribune Orange Avenue Mr. Holliday stated that markers placed on associated buildings recognized in the Great Floridians 2000 program will cost $175 each and remain on the structures for 10 years; that a guide book identifying Great Floridians locations will be published; that placing markers on the associated buildings on the nomination list would provide for a walking tour Downtown. On motion of Commissioner Hogle and second of Commissioner Merrill, it was moved to approve submittal of applications for the Great Floridians program based on the list of nominees presented. City Manager Sollenberger stated that John Ringling was not included on the list because nominations submitted in the first five applications are limited to persons associated with buildings located in the Downtown; that additional nominations for persons associated with buildings outside the Downtown area can be submitted after December 31, 1998. Mayor Dupree called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yesi Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Vacancies Mr. Holliday stated that applications are being solicited to fill the two vacancies which exist on the Historic Preservation Board. 8. BOARD ACTIONS: REPORT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD'S REGULAR MEETING OF NOVEMBER 12, 1998 EXPRESSED SUPPORT FOR THE PRELIMINARY LIST OF RECOMMENDATIONS DEVELOPED BY THE PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD TO ADDRESS ISSUES AT WHITAKER GATEWAY PARK; EXPRESSED COMMISSION APPRECIATION TO THE BOARD AS WELL AS SUPPORT AND ENCOURAGEMENT FOR CONTINUATION OF POSITIVE PROGRESS TOWARD THE DEVELOPMENT OF A SKATEBOARD FACILITY AND THE PAYNE PARK MASTER PLAN. (AGENDA ITEM II-3) #1 (1854) through (3343) Duane Mountain, Deputy Director of Public Works, and Richard Martin, Chairman of the Parks, Recreation, and Environmental Protection Advisory Board, came before the Commission. Mr. Martin presented the following. items from the Parks, Recreation, and Environmental Protection Advisory Board's meeting of November 12, 1998: A. Whitaker-Gateway Park Mr. Martin stated that issues relevant to Whitaker-Gateway Park were discussed at the Board's November 12, 1998, meeting and also BOOK 45 Page 17910 12/07/98 6:00 P.M. BOOK 45 Page 17911 12/07/98 6:00 P.M. at a special meeting scheduled to receive input from neighborhood representatives as well as park users; that a cost analysis prepared by Staff will be reviewed at the Board's December 10, 1998, meeting; that the Board's recommendations to prevent trespassing and to mitigate the nuisance of late-night noise and passage of smoke into neighboring residences will be finalized at the December 10 meeting and presented to the Commission on December 21, 1998. Mr. Martin continued that the Board heard legitimate nuisance complaints; however, rave reviews on the Park's fulfilling an unmet need for access to a waterfront park by residents in north Sarasota were also received; that Whitaker-Gateway Park is a success; that following are some measures the Board will be considering to address the concerns raised by neighborhood residents without substantially limiting the use of the Park: Placing a gate past the first parking area to prevent vehicular traffic into the Park between dusk and dawn Planting a tree canopy in the open field closest to North Tamiami Trail, which is away from residents, and relocating a select number of grills and picnic tables from the waterfront area to the open field Working individually with residents in the design of appropriate buffers to prevent trespassing, mitigate the nuisance of noise, and passage of smoke into residences Mr. Mountain stated that Staff has met with four of the homeowners residing along the north side of the Park; that each situation is unique; that the elevations of the impacted homes varyi therefore, various strategies are being considered to mitigate impacts to individual homeowners, e.g., installing taller plantings to compensate for homes with higher elevations and installing vines on the fence as well as thicker landscape to discourage fence climbing and trespassing from the public park onto the adjacent private property. Mr. Martin stated that a finalized list of Board recommendations will be presented to the Commission on December 21, 1998. Commissioner Pillot requested clarification on the proposal for installation of a gate in the Park. Mr. Martin stated that the gate is being considered to prevent people from driving vehicles into the Park and gathering in the parking lot during the late night hours; that the Police Department has expressed concern with emergency access; therefore, the cost of providing a gate with remote or coded access is being explored. Mayor Dupree asked for the make up and representation on the Parks, Recreation and Environmental Protection Advisory Board? Mr. Martin stated that the Board consists of male and female Caucasians who were appointed by the Commission to serve, are young at heart, and actively utilize the City parks; that the Board is sympathetic to providing a park for use by north Sarasota residents. Commissioner Merrill stated that Whitaker-Gateway Park is situated on a narrow parcel of land; that similar problems have been experienced with pocket parks located on narrow parcels in neighborhoods; that the concept of relocating amenities which receive greater use closer to North Tamiami Trail and further from the residences is supported; that the interests of neighboring residents should be taken into consideration when public parks are developed on narrow parcels adjacent to residential uses. Commissioner Cardamone stated that the extra effort put forth by the Parks, Recreation and Environmental Protection Advisory Board in attempting to resolve issues between the neighbors and users of Whitaker Gateway Park is appreciated. On motion of Commissioner Pillot and second of Commissioner Merrill, it was moved to express support for the preliminary list of recommendations the Parks, Recreation and Environmental Protection Advisory Board has developed to address issues at Whitaker Gateway Park. Motion carried unanimously (5 to 0): : Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. B. Payne Park Master Plan Sarasota Mobile Home Park site Mr. Martin stated that the Board was provided a presentation by David Johnston and Phil Smith of David W. Johnston Associates and Walt Rothenbach, Director, Sarasota County Parks and Recreation Department, and was requested to provide input for the planning process of developing a master plan for Payne Park; that public input was received from St. Armands and Laurel Park residents as well as representatives of the skateboard community; that the Board recognizes the need for and supports the development of a skateboard facility; that some concern was expressed that funding to develop Payne Park may not be available for five to seven years and providing a facility where youth can skate and skateboard is viewed as an immediate need; however, an on-site review of the Sarasota Mobile Home Park (SMHP) was conducted and potential sites on which a skateboard facility could be located BOOK 45 Page 17912 12/07/98 6:00 P.M. BOOK 45 Page 17913 12/07/98 6:00 P.M. identified; that a survey of the land is available from which David W. Johnston Associates will be designing a preliminary plan for the Board's review. Mr. Martin continued that an informative video on skate parks was received from Commissioner Cardamone and viewed by Board members; that Board members are planning to visit a skateboard facility in Lakeland, Florida, and intend to continue making forward progress to address the community need for a skateboard facility; that the Board supports the establishment of an ad hoc committee comprised of members from the skateboard community. City Manager Sollenberger stated that favorable support has been received for constructing a skateboard facility in Sarasota; that exploring development of a skateboard facility at Payne Park is supported; that Payne Park is located in the Downtown, an area to which young skateboarders are naturally attracted; that the number of mobile home trailers at SHMP is currently at 180; that the Commission allocated approximately $250,000 in the FY 98/99 budget for further density reduction at the SMHP; therefore, designating a one-acre site at Payne Park for a skateboard facility seems feasible; that James Ley, County Administrator, was contacted and requested to inform the Sarasota Board of County Commissioners of the City Commission's desire to have a skateboard park constructed and willingness to make a City site available; that Mr. Ley responded by requesting a meeting to discuss financing issues; that future updates on the discussions with the County will be provided to the Commission. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to express Commission appreciation to the Parks, Recreation and Environmental Protection Advisory Board as well as support and encouragement for continuation of positive progress toward the development of a skateboard facility and the Payne Park Master Plan. Commissioner Merrill stated that the City is expending substantial funds to reduce the density at SHMP; that a demand exists to provide an alternative public site to Ken Thompson Park and the Bayfront at which major events, i.e., The Taste of Sarasota, can be held; that the logic of requiring the SMHP tenants who moved in after 1994 to relocate as of September 1999 is difficult to understand if the land will not serve another purpose for five or seven yearsi that a detailed preliminary master plan for Payne Park should be completed and presented for review by September 1999. City Manager Sollenberger stated that Staff was directed to work with the Parks, Recreation and Environmental Protection Advisory Board and Sarasota County in developing a master plan for Payne Park; however, dedication of Staff resources on other issues, i.e., Whitaker Gateway Park, has negatively affected the time frame initially established for the Payne Park master planning process; that the Administration recognizes the need to provide a mainland site at which major communitywide events can be held. Commissioner Hogle stated that Mr. Rothenbach referenced development of Payne Park as a high priority in a presentation given to the Natural Resources and Recreation Advisory Board (NRRAB) on which he previously served. Mayor Dupree called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 9. RECOGNITION RE: BOYS SCOUT TROOP #24 OF THE CHURCH OF THE REDEEMER #1 (3343) through (3435) Mayor Dupree recognized Ralph Janetti, Committee Chairman, Church of the Redeemer. Mr. Janetti introduced the following members of Boys Scout Troop #24, who were in attendance at the Commission meeting to earn their Citizenship in the Community merit badge, which is one of the badges required to become an Eagle Scout: Caseu Johnston Ian Pitts Corey Woolweaver Matt Plunkett Vincent Lemus Brendon Hereck Matt Vestrand Bradley Dorrill Mike Vestrand 10. BOARD ACTIONS: REPORT RE: BOARD OF ADJUSTMENTIS SPECIAL WORKSHOP OF NOVEMBER 16, 1998 - ACCEPTED (AGENDA ITEM II-4) #1 (3519) through ( Timothy Litchet, Director of Building, Zoning and Code Enforcement, and Georgia Nicholson, Chairman, Board of Adjustment, came before the Commission. Ms. Nicholson stated that the Board of Adjustment identified the following issues and areas of the Zoning Code pertaining to docks for further review and potential change: 1. Section 6-23 (1) (b) Ms. Nicholson stated that specific design standards for setbacks, water depths, and design of docks in areas other than Sarasota BOOK 45 Page 17914 12/07/98 6:00 P.M. BOOK 45 Page 17915 12/07/98 6:00 P.M. Bay should be reviewed as docks in bayous and canals may have different characteristics. 2. Definitions Ms. Nicholson stated that review of the definitions section for consistency with State regulations is suggested, including the addition of definitions for piers, finger floats, bulkhead lines, and docks covered at hotels. 3. Visibility corridors Ms. Nicholson stated that silt build up in Sarasota Bay is requiring the construction of longer docks; that regulations to protect the view corridors should be considered. 4. Section 6-23 (h) Ms. Nicholson stated that the number of vessels allowed at single-family homes, multiple-family dwellings, and community boat docks should be reviewed. 5. Community boat docks Ms. Nicholson stated that the Board questioned whether private dock slips should be allowed in subdivisions which have a community boat dock. 6. Section 6-23 (q) Ms. Nicholson stated that the Board questioned whether additional regulations are necessary for access to dock areas located between a bulkhead line and the mean high water line. 7. State approval Ms. Nicholson stated that the Board strongly supports requiring petitioners to obtain approval from the Department of Environmental Protection (DEP) prior to applying for a variance. 8. Variance Criteria Ms. Nicholson stated that the existing criteria for variances should be reviewed and a specific framework established for environmental impact studies. 9. Section 6-23 (d) Ms. Nicholson stated that requirements for dredging and filling should be reviewed for consistency with State regulations. 10. Waterfront Setbacks Ms. Nicholson stated that the Board recommends an overall review of the waterfront setback requirements and consideration of including a compatibility and intent statement in the section. 11. Building Standards Ms. Nicholson stated that standards for building and maintaining docks should be considered. Ms. Nicholson continued that the Board of Adjustment will receive a presentation from a representative of the Department of Environmental Protection (DEP) at an upcoming meeting; that the intent is to gain a better understanding of the DEP permitting process and to identify inconsistencies which may exist between the City's and State requirements. Ms. Nicholson further stated that the Board of Adjustment also requests the following: approval for additional Staff resources to support the Board's efforts in developing recommendations for changes to the Dock Ordinance. opportunity to participate fully at all levels of the code amendment process sO any recommendations differing from those of the Planning Board/Local Planning Agency (PBLP) can be brought forth and explained. City Manager Sollenberger stated that the Administration supports the Board of Adjustment's requests. Commissioner Cardamone asked if Staff resources from the Sarasota Bay National Estuary Program (SBNEP) will be utilized in developing recommendations? Mr. Litchet stated yes; that input on the impacts of docks on Sarasota Bay will be requested from SBNEP. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to accept the report of the Board of Adjustment's special workshop of November 16, 1998. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Mayor Dupree stated that the Commission commends the efforts of Ms. Nicholson and the Downtown Association of Sarasota in making the Christmas parade on Friday, December 4, 1998, a success. BOOK 45 Page 17916 12/07/98 6:00 P.M. BOOK 45 Page 17917 12/07/98 6:00 P.M. 11. CONSENT AGENDA NO. 1: ITEM NOS. 1,2,3,4,5,6,8 AND 9 APPROVED; ITEM NO. 7 - REMOVED UNDER CHANGES TO THE ORDERS OF THE DAY (AGENDA ITEM III-A) #2 (0184) through (0212) 1. Approval Re: Set for public hearing proposed Ordinance No. 99-4108, amending Chapter 24, Personnel, Article II, Pensions, Division 2, Fire, of the Code of the City of Sarasota; providing in Sub-Section 24-29 (c) for an effective date of the stated benefit change, deleting a non-effective eligibility date and deleting a reference to the benefit multiplier for clarification purposes; providing in Sub-Section 24-30(b) for the numbering of paragraphs and adding a reference to a previous paragraph for clarification purposes; providing in Section 24-31 for clarification of federal regulations; providing for severability of the parts hereof if declared invalid; providing for repeal of ordinances in conflict; etc. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interagency Agreement between the City of Sarasota and the University of South Florida for the enhancement of the Southern Bay Scallop Population Project within Sarasota Bay 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the No-Cost Extension First Amendment to the Agreement between the City of Sarasota and Mote Marine Laboratory, Inc., for trends analysis of Sarasota Bay water quality 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Horticultural Industries, Inc., Sarasota, Florida, (Bid #99-8L), to provide landscape and irrigation for Stottlemyer Pond 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Lease Agreement between the City of Sarasota and Gulf Coast World of Science, Inc., to authorize P.J. Children's Theater, Inc., a not-for-profit organization to occupy a portion of their leasehold 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Agreement for Architectural Services between the City of Sarasota and Barger & Dean Architects (R.F.P. #97-29), for the extension of the contract for a one (1) year period for City-owned facilities on an "as needed" basis 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Contract between the City of Sarasota and Frederick Derr and Company, Inc., (Bid #98-75L), in the amount of $77,147, for the construction of the Municipal Sidewalk Project 9. Approval Re: Authorize the Mayor to execute the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems Project Agreement between the City of Sarasota and the Florida Department of Environmental Protection for the Lido Key Beach Erosion Control Project, FDEP Contract 98SA1 On motion of Commissioner Merrill and second of Commissioner Pillot, it was moved to approve consent Agenda No. 1, Item Nos. 1 through 6, 8 and 9. Motion carried unanimously (5 to 0): : Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 12. CONSENT AGENDA NO. 2: ITEM 1 (ORDINANCE NO. 99-4096) - ADOPTED (AGENDA ITEM III-B) #2 (0212) through (0326) Commissioner Pillot left the Commission Chambers at 7:40 p.m. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4096 by title only. 1. Adoption Re: Second reading of proposed Ordinance No. 99-4096, to amend Ordinance No. 97-4021 by the substitution of Site and Development Plan 98-PSD-K for previously approved Site and Development Plan 97-PSD-18 to incorporate modifications to the Mandarin Park Subdivision including among others, the deletion of two (2) residential units sO as to permit construction of nineteen (19) cluster housing units in a RSF-3 Zone District on property located on the west side of South Tamiami Trail between Bahia Vista Street and Prospect Street, with a street address of 1926 Bahia Vista Street: approving Site and Development Plan 98-PSD-K; providing for conditions; repealing ordinances in conflict; etc. (Title Only) On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2, Item No. 1. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Dupree, yes; Hogle, yes; Merrill, yesi Cardamone, yes. BOOK 45 Page 17918 12/07/98 6:00 P.M. BOOK 45 Page 17919 12/07/98 6:00 P.M. Commissioner Pillot returned to the Commission Chambers at 7:45 p.m. Mayor Dupree requested City Attorney Taylor to explain the quasi-judicial process. City Attorney Taylor stated that the quasi-judicial process will be Eollowed for the public hearing on Special Exception Petition No. 98-SE-16; that the Commission will be required to base its decision on competent, substantial evidence; that prior to the opening of the public hearing, Commissioners will be requested to disclose any ex-parte communications; that Applicants will have 15 minutes for a presentation and 5 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 5 minutes to speak and 3 minutes for rebuttal; that citizens will have 5 minutes to speak; that speakers may request additional time, which, if granted, will be determined at the discretion of the Commission. Mayor Dupree requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that 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. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 13. SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4073, AMENDING THE ZONING CODE (1998), ARTICLE IV, DEVELOPMENT REVIEW PROCEDURES, DIVISION 4, ADULT USE PERMITS, SECTION IV-418, NONCONFORMING ADULT USES BY CHANGING THE REGULATIONS SET FORTH THEREIN REGARDING NONCONFORMING ADULT USES; PROVIDING, IN LIEU OF GRANDFATHERING AS TO LOCATION ONLY, A TWO-YEAR AMORTIZATION PERIOD FOR AN ADULT BOOKSTORE, /VIDEO STORE, ADULT THEATER OR PHYSICAL CULTURE ESTABLISHMENT LAWFULLY OPERATING AT ITS EXISTING LOCATION ON JUNE 15, 1998, BUT NOT IN CONFORMITY WITH THE LOCATION REQUIREMENTS OF THE ZONING CODE (1998): PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM IV-1) #2 (0403) through (0662) Michael Connolly, City Attorney's Office, came before the Commission and stated that the Commission adopted Ordinance No. 97-4015, a comprehensive adult-use ordinance, at the June 15, 1998, regular Commission meeting; that proposed Ordinance No. 98-4073 deletes and replaces with a two-year amortization period the provision set forth in Ordinance No. 97-4015 concerning the grandfathering of nonconforming adult-use establishments as to location only; that adoption of proposed Ordinance No. 98-4073 as passed on first reading will require the following three adult-use businesses to comply with the location requirements of the Zoning Code by December 7, 2000: - Pleasures II Adult Video, Inc. (Pleasures II), 4211 North Tamiami Trail Libro Limited, Inc., North Street News, d/b/a North Washington Boulevard News, 1038 North Washington Boulevard Blue Video Sarasota, Inc. (Blue Video), 2721 North Tamiami Trail Attorney Connolly stated that each of the three adult-use businesses would have the option of relocating to one of 35 alternative City sites located at least 600 feet away from a church, synagogue, school or residentially zoned property; that proposed Ordinance No. 98-4073 was passed on first reading at the November 16, 1998, regular Commission meeting; that this is the second or two required public hearings. Mayor Dupree opened the public hearing. The following person came before the Commission. Esther Rachwal, 4975 Southern Wood Drive (34241), representing the Florida Family Association, stated, that the Florida Family Association supports adoption of proposed Ordinance No. 98-4073; that the Commission's efforts to eliminate adult-use businesses are appreciated; and requested that further consideration be given to: 1) defining the adult-use businesses as sexually-oriented businesses (SOBs), which would eliminate the potential that the intent of the regulations could be bypassed if children were allowed access to the establishments, 2) pursuing an approach similar to that taken by Sheriff Simon Leis, Jr., of Hamilton County, Ohio, which has been effective in eliminating adult-use businesses in Cincinnati and surrounding areas, and 3) re-addressing the potential of implementing the definition of nudity found in the ordinance adopted in St. Johns County, Florida. There was no one else signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4073 by title only. City Manager Sollenberger stated that the Administration recommends adoption of proposed Ordinance No. 98-4073. BOOK 45 Page 17920 12/07/98 6:00 P.M. BOOK 45 Page 17921 12/07/98 6:00 P.M. On motion of Commissioner Hogle and second of Commissioner Merrill, it was moved to adopt proposed Ordinance No. 98-4073. Commissioner Pillot stated that Commissioner Hogle's making the motion is appropriate based on the significant efforts he put forth to resolve problems created by the adult-use businesses while employed as a Captain in the Vice/Narcotics Division of the Sarasota Police Department. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Merrill, yes; Pillot, yes; Cardamone, yes; Dupree, yes. 14. PUBLIC HEARING RE: PROPOSED ORDINANCE 98-4087, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSION, DIVISION 3, POLICE, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA; AMENDING SECTION 24-61, DEFINITIONS, TO ADD THE DEFINITION OF w MEMBER" : AMENDING SECTION 24-65, FINANCES AND FUND MANAGEMENT AMENDING SECTION 24-68, MEMBERSHIP; AMENDING SECTION 24-69, DISABILITY AND DEATH, TO PROVIDE FOR AN ADDITIONAL EXCLUSION FROM DISABILITY BENEFITS FOR DISABILITIES RESULTING FROM PRE - EXISTING CONDITIONS: AMENDING SECTION 24-71, SPECIAL PROVISIONS AND LIMITATION FEDERAL TO AMEND MAXIMUM PENSION, TO DELETE COMMENCEMENT OF BENEFITS AND TO AMEND DISTRIBUTION OF BENEFITS; AMENDING SECTION 24-77, EXEMPTION FROM EXECUTION, NONASSIGNABILITYL AMENDING SECTION 24-78, LAY-OFF AND TERMINATION BENEFITS: AMENDING SECTION 24-84, CLAIMS PROCEDURES BEFORE THE BOARD; AMENDING SECTION 24-87, REPORTS TO DEPARTMENT OF INSURANCE: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID: ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-2A) AND 15. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4088, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSION, DIVISION 3, POLICE, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA AMENDING SECTION 24-70, NORMAL RETIREMENT EARLY RETIREMENTI SPOUSE'S BENEFITS: ADDING SECTION 24-93 TO PROVIDE FOR A DEFERRED RETIREMENT OPTION PLAN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-2B) #2 (0655) through (0949) John Schultz, Chairman, Police Officers' Pension Board of Trustees, came before the Commission and referred to a memorandum dated October 20, 1998, from the Police Officers' Pension Board of Trustees, which outlined the following changes proposed in Ordinance No. 98-4087 to provide consistency with revisions to Florida Statutes and the Internal Revenue Service (IRS) Code: Amends the definition of "member" to comply with the definition established by the State of Florida, Division of Retirement, Municipal Police Officers and Firefighters Pension Office Amends the section on exemption from execution, nonassignability Clarifies vested rights with 10 years of service Amends the sections on maximum pension and distribution of benefits and the section on commencement of benefits to comply with changes in the tax code Deletes the section on "Claims Procedures" and adds a statement that the Board shall establish administrative rules instead Prohibits disability benefits for disabilities resulting from pre-existing conditions Allows the Fund to invest up to 10 percent of assets in foreign securities and removes the rating restrictions Detective Schultz stated that the previously proposed section which would have provided fixed-rate, cost-of-living adjustments (COLA) at 3.5 percent for members that retire after October 21, 1998, has been deleted; that proposed Ordinance No. 98-4087 will have no financial impact on City. Detective Schultz continued that proposed Ordinance No. 98-4088 amends the Police Officers' Pension Plan by: 1) adding a Deferred Retirement Option Plan (DROP), which generates a cost savings for the City, and 2) changing normal retirement eligibility from age 50 with 25 years of service or age 55 with 10 years of service to age 50 with 10 years of service or 25 years of service regardless of age, which could have a financial impact on the City beginning in the year 2006; that the proposed benefit enhancements will allow the Sarasota Police Department to remain competitive with law enforcement agencies BOOK 45 Page 17922 12/07/98 6:00 P.M. BOOK 45 Page 17923 12/07/98 6:00 P.M. participating in the Florida Retirement System (FRS) i that the 25-year projection of City contributions prepared by the actuary is based on a projected return of 8 percent; that the Police Officers' Pension Fund has averaged returns of 10 percent or higher over the past 10 years; that the financial impact on the City will be reduced if the Fund continues to average returns of 10 percent annually. Commissioner Pillot asked if the provisions in proposed Ordinance Nos. 98-4087 and 98-4088 apply to police officers who have already retired? Detective Schultz stated no. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance Nos. 98-4087 and 98-4088 on first reading; that the financial impacts associated with Ordinance No. 98-4088 will be realized in 7 years based on the actuarial projections; however, the City currently contributes 8 percent to the Police Officers' Pension Plan whereas Sarasota County's contribution to the FRS for sheriff's deputies is 25 percent; that police officers contribute 8 percent of their gross salary to the Plan whereas sheriff's deputies are not required to contribute to the FRS; that the proposed benefit enhancement will allow the Sarasota Police Department to remain competitive in attracting and retaining strong, qualified police officers. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4087 by title only. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 98-4087 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Merrill, yes; Pillot, yes; Dupree, yesi Cardamone, yes; Hogle, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4088 by title only. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 98-4088 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yesi Hogle, yes; Merrill, yes. Detective Schultz stated that Commissioner Hogle's departure and guidance is a great loss to the Police Officers' Pension Board of Trustees but a gain for the City. 16. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4103, TO VACATE AN EXISTING PUBLIC ALLEY TEN FEET IN WIDTH WITH ITS SOUTHERN TERMINUS AT NINTH STREET RUNNING NORTHWARD FOR 139.5 FEET LYING BETWEEN LOT 7, SUBDIVISION OF LOTS 4, 6 AND 8, BLOCK Y, PLAT OF SARASOTA, AND LOT 2, JOHN MAY'S SUBDIVISION OF LOTS 3, AND 5, BLOCK Y, PLAT OF SARASOTA, AS WELL AS AN EXISTING PUBLIC ALLEY FIVE FEET IN WIDTH WITH ITS EASTERN TERMINUS AT THE NORTHERN END OF THE ABOVE DESCRIBED TEN FOOT ALLEY AND RUNNING WESTWARD FOR 100 FEET LYING ADJACENT TO THE NORTHERN BOUNDARY OF LOTS 6 AND 7, SUBDIVISION OF LOTS 4, 6 AND 8, BLOCK Y, PLAT OF SARASOTA, ALL AS MORE PARTICULARLY DESCRIBED HEREIN; REPEALING ORDINANCES IN CONFLICT: ETC. PASSED ON FIRST READING (AGENDA IV-3A) AND 17. PUBLIC HEARING RE: PROPOSED SPECIAL EXCEPTION PETITION 98-SE-16, A REOUEST TO PERMIT A TRANSIENT LODGING AND SOCIAL SERVICES FACILITY IN THE CI ZONE DISTRICT TO BE OPERATED BY THE SALVATION ARMY, LOCATED AT 1400 TENTH STREET, AS MORE PARTICULARLY DESCRIBED IN SAID PETITION: ETC. (PETITION NO. 98-SE-16, PETITIONER JOHN DUHIG FOR THE SALVATION ARMY) - PASSED ON FIRST READING (AGENDA IV-3B) #1 (0950) through (2247) Mayor Dupree asked for clarification from City Attorney Taylor as to how the Commission should proceed with the two related items. City Attorney Taylor stated that of the two items, Special Exception Petition No. 98-SE-16 is the only quasi-judicial matter; therefore, the public hearings can be held simultaneously, that Commission discussion can address both items but separate votes should be taken; that as no "Request for Affected Person Status" forms have been received, the Commission can proceed with disclosing any ex-parte communications. Mayor Dupree asked if any Commissioner had ex-parte communications to disclose? Commissioner Cardamone declared ex-parte communications stating that she is Eamiliar with the site and had a brief conversation during which John Duhig of the Salvation Army asked if she had any questions he could answer; that no lobbying took place. Commissioner Pillot stated City Attorney Taylor advised that previous discussions by the Commission regarding potential uses of the property are not considered ex-parte; that many months ago, prior to a petition being filed, a comment was made by BOOK 45 Page 17924 12/07/98 6:00 P.M. BOOK 45 Page 17925 12/07/98 6:00 P.M. representatives that the Salvation Army was looking forward to constructing a Human Services Complex in the future; and asked if his hearing such a comment is considered ex-parte communication? City Attorney Taylor stated no; that the comment was overheard before the petition being filed. Commissioner Merrill stated that a telephone call from Mr. Jody Hudgins, Chairman of the Salvation Army Advisory Board was received for information purposes only. Mayor Dupree simultaneously opened the public hearings on proposed Ordinance Nos. 99-4013 and Special Exception Petition No. 98-SE-16. City Auditor and Clerk Robinson stated that the public hearing is being held on Petition No. 98-SE-16, a special exception request to permit a transient lodging and social services facility in the Commercial Intensive Zone District (CI) to be operated by the Salvation Army and located at 1400 Tenth Street; that proposed Ordinance No. 99-4103 approves Petition No. 98-SV-06 a request to vacate an existing public alley ten feet in width with its southern terminus at Ninth Street running northward for approximately 139.5 feet; that the Applicant is John Duhig, representing Salvation Army. Mayor Dupree requested that the Applicant for Special Exception Petition No. 98-SE-16 come forward. Charles D. Bailey, Attorney, Law Firm of Williams, Parker, Harrison, Dietz & Getzen, Paul Worrell, Architect, and John Duhig, Applicant, representing Salvation Army came before the Commission. Attorney Bailey recognized the following Salvation Army representatives present in the audience: Major Leslie Wheeler, Commanding Officer of the Sarasota Salvation Army; John Strickland, Vice Chairman, Tom Bell and Mimi McAdoo, members, Salvation Army Advisory Board; and Wyatt Granger, Salvation Army Steering Committee for the Capital Campaign. Attorney Bailey stated that the project includes relocation of the Salvation Army Human Services Complex from Fourth Street to a 3.22-acre site located between Ninth and Tenth Streets and Central and Lemon Avenues with a street address of 1400 Tenth Street; that the project will include a 5,15-square-foot, two-story human services facility with 12 dwelling units accommodating four-to-five person families; that the transitional apartment living will be fenced and gated with 80 off-street parking spaces and two loading spaces. Attorney Bailey continued that Appendix C of the Staff Report includes a descriptive narrative of the proposed uses, a detailed outline of the programs proposed for operation on site, and a comparative analysis of capacity proposed at the new facility on Tenth Street versus the existing facility on Fourth Street; that Appendix A includes a map identifying the two rights-of-way requested for dedication under Petition No. 98-SV-06 and filed in conjunction with Petition No. 98-SE-16: 1) a 10-foot-wide alley running north and south off Ninth Street and terminating in the center of the 3.22 acre property and 2) a 5-foot-wide landlocked alley running 100 feet east and west, north of lots six and seven, which terminates at both ends within the development site and does not connect to any other public right of wayi that the alleys proposed for vacation do not currently meet City requirements for alleyway width, which is 20 feet. Mr. Duhig stated that the Salvation Army works with less privileged individuals in the community; that the present Salvation Army facility is inadequate for the various programs offered to the homeless; that Salvation Army brings displaced individuals into mainstream society through a ten-week Volunteer In Placement (VIP) Program for those addicted to drugs or alcohol; that the VIP Program is followed by a transitional program that houses single males and females for two to four months until necessary funds are acquired for rent and security deposits; that the program helps individuals secure jobs and locate secure residences; that a transitional, temporary housing program for single mothers with small children provides for relocation to alternative housing in the community; that a 16- to 18-month transitional housing program, working with HUD, trains intact families to lead more productive lives and places families in the community with sufficient education and skills to result in productive citizenship; that a large feeding program exists for anyone in the community that is hungry and desires a meal. Mr. Duhig continued that the Salvation Army houses homeless individuals on a limited basis; that homeless individuals who are not interested in putting their lives back together are not invited to live at the shelter but can continue to eat at the Salvation Army. Mr. Worrell displayed on the overhead projector a site plan of the proposed Salvation Army facility and explained the various aspects of the proposed site. Mr. Worrell stated that the Tenth Street property is currently a boat storage facility; that the Salvation Army does not own the property located in the southeast corner of the site; that the 3,125-square-foot building will contain separate men's and women's homeless shelters, a recovery facility, a family emergency services facility, a dining facility, a social services facility and storage; that the complex will be open and staffed by 30-33 people 24 hours daily and will feed 345 people, BOOK 45 Page 17926 12/07/98 6:00 P.M. BOOK 45 Page 17927 12/07/98 6:00 P.M. including up to 125 homeless daily; that a courtyard has been developed around large oak trees; that the main vehicular entrance will be located on Tenth Street with a delivery entrance on Ninth Street; that a primary pedestrian entrance with a walk- in gate will be located at the southwest corner of the complex; that fencing will be installed to Crime Prevention Through Environmental Design (CPTED) standards. Attorney Bailey stated that a 10-foot easement along the south side of the site will include curb and gutter improvements. Attorney Bailey continued that the Salvation Army appreciates the efforts of Staff and the City Commission in advancing the PBLP report as the project is anticipated to close December 31, 1998; that, hopefully, second reading could be scheduled on the December 21, 1998, regular Commission meeting. Attorney Bailey stated that the Applicant has no objection to Staff's request for an additional provision in the Resolution which would incorporate the site plan as part of the Special Exception approval request. Mayor Dupree requested that the appropriate Staff come forward to make the City's presentation. Michael Taylor, Deputy Planning Director, and Richard Walker, Senior Planner, came before the Commission. Mr. Walker who had not been sworn in prior to the public hearing was administered the oath by City Auditor and Clerk Robinson. Mr. Taylor stated that at the November 4, 1998, PBLP meeting the Planning Board/Local Planning Agency (PBLP) found Petition No. 98-SE-16 consistent with the Sarasota City Plan and the City's Tree Protection Ordinance and found the construction of a Salvation Army Human Services Complex at 1400 Tenth Street compatible with the surrounding land uses subject to certain conditions which will be presented shortly; that Staff concurs with the recommendation; that if the intent of the Commission is to affirm the PBLP resolution, Staff recommends including a provision incorporating the site plan dated October 23, 1998, as revised and submitted by the Salvation Army in approval of the special exception. City Attorney Taylor stated that the Commission could affirm the PBLP's action and incorporate the October 23, 1998, site plan submitted by the Salvation Army. Mr. Walker stated that applications for Petition Nos. 98-SV-06 and 98-SE-16 were submitted on August 28, 1998; that Planning Department Staff and the Development and Review Committee (DRC) reviewed, analyzed, and found Petition Nos. 98-SV-06 and 98-SE-16 met concurrency requirements, are consistent with the Sarasota City Plan, and comply with applicable regulations; that the following two conditions were recommended by the Engineering Department: Applicant will grant a ten-foot easement in favor of the City of Sarasota along the north side of Ninth Street from Central Avenue to the eastern end of the 3.25 acre parcel by execution of an easement deed prior to the issuance of a certificate of occupancy. for the transient lodging and social services facility. Applicant will construct sidewalks, curbs, and gutters in the ten-foot easement in accordance with the Engineering Design Criteria Manual. Mr. Walker continued that at the November 4, 1998, PBLP meeting, the PBLP held a public hearing on Petition Nos. 98-SV-06 and 98-SE-16 and subsequently reported the following findings to the Commission: Street Vacation Petition No. 98-SV-06 met all three criteria for vacating an alley listed under Article IV, Sections 30-76 through 30-85, Sarasota City Code. Special Exception Petition No. 98-SE-16 is consistent with the Sarasota City Plan and the City's Tree Protection Ordinance, and construction of the Salvation Army Human Services complex at 1400 Tenth Street is compatible with surrounding land uses. Mr. . Taylor stated that the PBLP recommended Commission approval of Petition No. 98-SV-06 and adopted a resolution approving Petition No. 98-SE-16 subject to the two conditions recommended by the Engineering Department. Mayor Dupree asked if any Affected Persons or citizens had signed up to speak? City Auditor and Clerk Robinson stated no. Mayor Dupree asked if the Applicant or City Staff had any questions or rebuttals. Attorney Bailey and City Manager Sollenberger stated no. Mayor Dupree closed the public hearings. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4103 by title only. BOOK 45 Page 17928 12/07/98 6:00 P.M. BOOK 45 Page 17929 12/07/98 6:00 P.M. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4103 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Hogle, yes; Merrill, yes; Pillot, yes. Commissioner Cardamone asked for clarification of Staff's recommendation concerning Petition No. 98-SE-16. Mr. Taylor stated that Staff recommends affirmation of PBLP approval of Petition 98-SE-16 incorporating the site plan dated October 23, 1998, submitted by the Salvation Army. On motion of Commissioner Cardamone and second of Vice Mayor Merrill, it was moved to affirm PBLP approval of Petition 98-SE-16 incorporating the site plan for the project dated October 23, 1998. Vice Mayor Merrill stated that the comments of Mr. Duhig concerning housing and the noble public service the Salvation Army performs are appreciated; that the Salvation Army is requested to address the problems which accompany feeding the homeless; that some neighbors and the police must deal with the resulting problems; that the sensitivity of the Salvation Army is appreciated; that the motion will be supported. Mayor Dupree stated that Mr. Duhig is commended for the time and efforts contributed on behalf of the Salvation Army; that the new facility is necessary and honors the City. Commissioner Cardamone stated that the property on which the proposed Salvation Army facility will be located has been an eyesore for many years; that the Salvation Army has adequately addressed the inherent problems of a homeless facility; that the Rosemary District has been neglected for a long time; that the proposed Salvation Army facility will be developed as a beautiful campus which will reflect proudly on the City; that the statistics on the number of homeless families with small children is alarming; that the Salvation Army is addressing the issue beautifully with the proposed facility. City Auditor and Clerk Robinson restated the motion as to affirm PBLP approval of Petition 98-SE-16 incorporating the site plan dated October 23, 1998. Mayor Dupree called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot; Dupree, yes. The Commission recessed at 8:30 p.m. and reconvened at 8:47 p.m. 18. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) #1 (2247) through (2710) The following people came before the Commission: Betsy Kelley, 1501 North Orange Avenue, Apt. 2007 (34236), stated that she resides in the Rosemary District; that a proposal to develop a convention center, hotel, and office building with a elecommunications tower on site was presented on December 5, 1998, at the Coalition of City Neighborhoods (CCNA) meeting; that the proposal has merit and should be considered by the Commission to fulfill the need for a convention center in Sarasota; that Sarasota has grown from a small fishing village into a city; that the growth should be accommodated; that after 27 years, the optometrists' convention relocated from Sarasota to another area with more adequate meeting facilities; that the lack of meeting facilities prevents other major associations from holding annual conventions in Sarasota. Joseph T. Pipitone, 890 Mecca Drive (34234), referred to various citations and police reports; and stated that in January 1998, while employed at the Rock House Cafe, 1468 Main Street, as a bouncer, he and his wife were injured when a fight broke out after an under-aged, 20-year-old patron was asked to leave the premises; that the owner, Howard M. Hochberg, was approached for compensation for the injuries which continue to ail and prevent him from working, but no funds have been received to date. Mr. Pipitone continued that Mr. Hochberg was cited by the City in March 1998 for engaging in a business operation with no occupational license and in April 1998 for transfer of license to a new business operation; that the Department of Building, Zoning, and Code Enforcement has been notified of the continued non-compliance; however, Mr. Hochberg has not been fined; that under-aged patrons are served continuously at the Rock House Cafe; that the Bureau of Alcohol, Tobacco, and Fire Arms (ATF) in Tampa has been informed of the illegal activity and is conducting an investigation; that Commission action is being requested before he approaches the television program "Eight On Your Side". Commissioner Pillot stated that the Administration and Chief of Police have heard Mr. Pipitone's comments. 19. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE ADMINISTRATION. TO EXECUTE A NEIGHBORHOOD GRANT PROGRAM, ADMINISTRATIVE REGULATIONS NUMBER 071.A003.0998. TO ASSIST ASSOCIATIONS IN IMPROVING THEIR QUALITY OF LIFE, WHILE AT THE SAME TIME REDUCING THE FEAR AND PERCEPTION OF CRIME IN THE AREA - AUTHORIZED THE ADMINISTRATION TO EXECUTE THE NEIGHBORHOOD GRANT PROGRAM WITH THE GRANT APPLICATION BOOK 45 Page 17930 12/07/98 6:00 P.M. BOOK 45 Page 17931 12/07/98 6:00 P.M. MODIFIED TO INCLUDE A DESCRIPTION AND LOCATION OF PROPOSED PROJECTS (AGENDA ITEM VII) #2 (2710) through (2979) John Lewis, Chief of Police, Sarasota Police Department, and Deborah Marks, Neighborhood Coordinator, Department of Neighborhoods and Redevelopment, came before the Commission. Chief Lewis stated that Administrative Regulation No. 071.A003.0998 outlines the procedures proposed for the Neighborhood Grant Program discussed at the June 1, 1998, regular Commission meeting; that the intent of the Grant Program is to assist the neighborhood associations in improving their quality of life by reducing the fear and perception of crime in the area; that the procedures were reviewed by the Department of Neighborhoods and Redevelopment, impacted neighborhood associations and organizations, and the Coalition of City Neighborhoods Association (CCNA) ; that approximately $100,000 has been generated by the impoundment of vehicles used in crime-related activities, fifty percent of which will be allocated for use with the Neighborhood Grant Program; that the remaining 50 percent of the funds have been designated for use by the Nuisance Abatement Board. Commissioner Cardamone stated that the procedures are supported; however, the Grant Application should be modified to include a description or diagram and location of the project for which grant funds are being requested. Ms. Marks stated that the Grant Application will be modified as requested. City Manager Sollenberger stated that the Administration recommends authorizing execution of the Neighborhood Grant Program. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to authorize the Administration to execute the Neighborhood Grant Program. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 20. BOARD APPOINTMENTS APPOINTMENT RE: VAN WEZEL PERFORMING ARTS HALL ADVISORY BOARD - APPOINTED MICHAEL PENDER, JR. (AGENDA ITEM IX-2) #2 (2979) through (3230) Commission Cardamone asked if Michael Pender, Jr., is eligible for appointment to the Van Wezel Performing Arts Hall (VWPAH) Advisory Board? City Auditor and Clerk Robinson stated yes; that Mr. Pender's prior term expired approximately two years ago. Commissioner Cardamone stated that appointments to the VWPAH have been treated differently than other board appointments due to the extensive involvement by members in ongoing renovation and fundraising activities. Vice Mayor Merrill nominated Michael Pender, Jr., for appointment stating that Mr. Pender has nine years of prior service on the VWPAH Advisory Board, was involved in the initial stages of planning the VWPAH renovation, and his financial expertise will be a valuable asset to the Board. Hearing no other nominations, Mayor Dupree announced the appointment of Michael Pender, Jr., to the Van Wezel Performing Arts Hall Advisory Board. 21. BOARD APPOINTMENTS: DISCUSSION RE: HOUSING AUTHORITY OF THE CITY OF SARASOTA (AGENDA ITEM IX-1) #3 (3277) through (0664) Commissioner Pillot stated that the purpose is to provide information for the Mayor's consideration in making appointments to the Sarasota Housing Authority (SHA) Board; that important criteria for an appointment are: Not a former member of the SHA Board or former employee of the SHA due to the special considerations at this time Recognition and ability to recite the function of public housing Sufficient tenure in the community to assure an awareness of the City's special circumstances Special expertise in a facet of social services as appointees will represent a housing consideration important to individuals' social needs Ability to commit to open-mindedness as the appointees sits on the SHA Board and considers and votes on the issues presented Commissioner Cardamone agreed; and stated that SHA Board members should deal with the SHA Administration in a similar fashion to the Commission in dealing with the City Administration; that the most important issues affecting the health, safety and welfare of the constituents of the SHA must be determined; that the suggestion was made to appointees to the SHA Board during her tenure as Mayor to consider the manner in which the Commission communicates with the City Manager and Staff; that the Commission BOOK 45 Page 17932 12/07/98 6:00 P.M. BOOK 45 Page 17933 12/07/98 6:00 P.M. communicates with City Staff through the City Manager and does not become directly involved in the day-to-day business of the City; that the approach taken is arms-length transactions; that four of the remaining SHA Board members have dealt with four SHA Executive Directors; that the SHA has had six SHA Executive Directors over the past five years; therefore, the SHA Board has some difficulty in determining the manner in which to accomplish change; that the role of the SHA Board must be clearly understood; that understanding the by-laws is important. Commissioner Pillot agreed. Vice Mayor Merrill stated that permanent restrictions are not being suggested; that the suggestions apply to the current appointments; that the proposal to exclude former SHA Board members and employees from consideration is acceptable; that the candidate's ability to articulate the reason taxpayers provide public housing is also acceptable; that determining the candidate's perception of the function of public housing is important; that a question is not only what the tenants can expect from the SHA Board but also what the public can expect from tenants; that expertise in social services is not a high priority; however, some special expertise in or knowledge of, for example, banking may be desirable; that a candidate's demonstration of a communitywide perspective is agreeable; that an understanding of the role of the SHA Board, which has been discussed by the Commission previously, is also agreeable; that a specific role of the SHA Board is not being advocated; that the Commission has taken a self-policing role based upon an established pattern in dealing with the Administration; that the SHA Board has been unstable; that internal rules of operation have not been established; that a candidate should have a good understanding of the SHA Board's role which can be supported by the Commission; that expressed views are supported. Commissioner Hogle stated that recent discussions have been held with Victoria Main, SHA Executive Director, and Leon Campbell, SHA Board member, who share the Commission's views; that the expressed views are supported. Commissioner Cardamone stated that the current SHA Board is comprised of very good people who have tried to make a difference which has been difficult due to the constant turmoil, some unrealistic tenants' expectations and the behavior of the audience on occasion; that the current SHA Board should be complemented with the strengths of the new SHA Board members; that the Commission Chambers should be offered to the SHA for Board meetings to provide a setting more conducive to conducting SHA Board meetings, setting policies and dealing with the SHA Executive Director; that the current meeting room at McCown Towers is too small, does not have adequate ventilation, and is too accessible; that a more professional setting should be provided; that the SHA Board members are complimented for continuing to serve; that many long hours of service have been required; that the SHA can be invited to take advantage of the Commission's offer. Mayor Dupree stated that SHA Board members should understand and commit to the legitimate function and role of an advisory board; that one function is policy-making and working with the Administrator to assure the policies are implemented; that the Commission must be careful of selecting applicants who come from the same or similar groups who may have personal interest; that numerous candidates who could come from the same or similar groups have applied; that SHA Board members with the same or similar interests can begin to vote to move in a particular direction; and asked if the Commissioners plan to interview the candidates. Vice Mayor Merrill stated that the hope is to interview the candidates; that in the past candidates for many of the City's advisory boards have scheduled meetings with the Commissioners. Mayor Dupree stated that an interview is a good idea and is the only method of determining if candidates are committed. Commissioner Cardamone agreed. Mayor Dupree stated that the legal restraints placed on the Commission should be recognized; that the law provides the Commission the ability to make nominations, appoint, etc.; that the Commission should adhere to the legal restraints in relation to the SHA Board. City Manager Sollenberger stated that a meeting was held with representatives of the Federal Department of Housing and Urban Development (HUD) the week of November 30, 1998, who expressed concern regarding appointments to the SHA Board; that appointees who understand the role of an SHA Board member is appropriate to help deal with the SHA's problems through the SHA Executive Director; that HUD's representatives suggested people with professional and business backgrounds; that HUD will be developing a recovery plan for negotiation with the SHA; that HUD wishes the SHA to enter into an agreement with HUD for attainment of the negotiated recovery plan; that failure to achieve the requirements of the recovery plan could result in receivership for the SHA with private management appointed; that the physical condition of the SHA's properties is a major concerni; therefore, the Mayor and the Commission may also wish to consider the appointment of an individual with experience as an architect or in the construction industry who understands building problems ; that SHA units were visited with the Mayor and are in poor condition. BOOK 45 Page 17934 12/07/98 6:00 P.M. BOOK 45 Page 17935 12/07/98 6:00 P.M. Mayor Dupree stated that the visit was at the invitation of the SHA Executive Director and SHA Board Chairman. City Manager Sollenberger stated that the condition of the SHA units emphasizes the requirement for an SHA Board member with an understanding of building construction. City Attorney Taylor stated that input concerning the legal issues will be supplied as necessary and at the request of the Commission. Commissioner Cardamone stated that a video tape of the Omaha, Nebraska, Housing Authority is available; that each recent appointee to the SHA Board was provided a copy of the video tape with the challenge to bring the SHA up to the same level; that the public housing complex represented in the video tape of Omaha, Nebraska, Housing Authority is reminiscent of an upper-moderate income apartment complex in the City of Sarasota with attractive landscaping, etc.; that the youth and educational programs presented in the video tape were remarkable; that many SHA Board members have reviewed the video tape; that the video tape presents a model of public housing; that the City would be on the path to having clean, healthy, sanitary, and attractive public housing accommodations if not for the number of SHA Executive Directors in the past five years; that the Commission does not control SHA policy; that the Commission can only appoint SHA Board members who can effectuate a positive direction with the funds available; that the 30-minute meeting with HUD representatives to introduce the SHA Board and Staff members was attended; that the SHA Executive Director provided a presentation of the accomplishments of the recovery plan begun in the spring of 1998 when the new SHA Executive Director assumed office; that the presentation was excellent; that the SHA Executive Director was invited to make a brief Director's Report at the December 21, 1998, regular Commission meeting to demonstrate the positive steps already taken; that the focus will be on the good news and the accomplishments of the last ten months of 1998. Vice Mayor Merrill stated that a perception may exist of disrespect for the Mayor's appointments, which is not accurate; that appointments of former Mayors have not always been confirmed by the balance of the Commission; that former Mayors have struggled with appointments to the SHA Board; that during his tenure as Mayor, an appointment was delayed until the development of Commission goals for the SHA Board; that not initially supporting the Mayor's appointments without additional information is not unusual; that vacancies on the SHA Board are also not unusual; that appointments to the SHA Board are difficult as the Commission's legal ability is limited to appointment and removal for just cause; that the Commission must exercise due diligence in making and confirming appointments to the SHA Board; that numerous good candidates have expressed an interest in appointment, which is unusual; that soliciting and recruiting interested candidates has been more common in the past; that the current situation with the number of candidates is enviable; that the Mayor and the Commission will be in a position of making appointments of highly qualified candidates. Mayor Dupree stated that the perception, the origin of which is unknown, is the Commission can do more than is legally authorized; that a method of changing that perception is unknown. Commissioner Cardamone referred to a December 3, 1998, editorial in the Pelican Press; and stated that the wrong message was sent to the public; that a letter will be written to the editor indicating the Commission cannot assume responsibility for the SHA; that the Commission is concerned about the condition of the SHA; that the SHA Board was presented negatively and the City Commission's role was not accurately represented in the editorial; that the City Commission can do little but appoint good SHA Board members. 22. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA -= ADMINISTRATION TO: 1) MEET WITH ENTITIES ON KEN THOMPSON PARK TO DISCUSS PROPOSED SPECIAL EVENTS PROCEDURES AND 2) REPORT BACK REGARDING INSTALLATION OF STANDARDIZED NEIGHBORHOOD SIGNS (AGENDA ITEM X) #3 (0664) through (1023) ÇOMMISSIONER CARDAMONE: : A. stated that the Quality Of Life Issues Monthly Report lists no arrests or summons which is disturbing since she has counted numerous trucks passing by her house on Bahia Vista Street; that only one arrest or summons was issued during the months of July, August, September, and October 1998; that twelve arrests or summons were made in March 1998 after the Commission requested attention to the issue; that the Administration should focus efforts on eliminating truck traffic on residential streets posted with "No Thru Trucks" signage. B. referred to the Special Events Procedure memorandum dated November 18, 1998, from V. Peter Schneider, Deputy City Manager, to City Manager Sollenberger, which was included as part of the Commission Information packet; and stated that she previously raised and had agreement by the Commission that the special events procedures suggested by the St. Armands merchants, residents, and property owners should not be implemented without consulting the entities operating on Ken Thompson Park, e.g., Mote Marine, Sarasota Sailing Squadron, and the Pelican Man's Sanctuary; that criteria for holding BOOK 45 Page 17936 12/07/98 6:00 P.M. BOOK 45 Page 17937 12/07/98 6:00 P.M. special events on Ken Thompson Park should not be silently approved without involving all affected parties. Mayor Dupree agreed. Vice Mayor Merrill stated that the issue was discussed by the Commission previously; that he understood the procedures would be presented for review by all affected parties. City Manager Sollenberger stated that the proposed special event procedures will be presented to the entities on Ken Thompson Park and input received. Commissioner Pillot stated that decisions of City matters are a function and responsibility of the City Commission and City Administration as designated in the City Charter; that he is supportive of requesting and giving strong consideration to input received from the entities on Ken Thompson Park; however, providing them with veto power concerning the proposed special events procedures is not supported. Mayor Dupree agreed. VICE MAYOR MERRILL: A. stated that a new picture of the Commission should be taken to include Commissioner Hogle. MAYOR DUPREE: : A. stated that standardized, quality signs identifying the various City neighborhoods should be installed sO visitors can acknowledge the neighborhood through which they are traveling; that City maps do not include the names or locations of City neighborhoods. City Manager Sollenberger stated that the Administration will report back regarding the installation of a standard quality of sign in City neighborhoods. 23. OTHER MATTERS/ADMINISTRATIVE OFFICERS = SCHEDULED ATTORNEY- CLIENT SESSION ON DECEMBER 16, 1998, AT 2:30 P.M.; AUTHORIZED ADVANCED PBLP REPORT ON DECEMBER 21, 1998; (AGENDA ITEM XI) #3 (0890) through (1025) CITY ATTORNEY TAYLOR: : A. requested an attorney-client session prior to December 22, 1998, for purposes of discussing a settlement in the motorcyclist death case in which a City police vehicle hit a motorcyclist at U.S. 41 and Bay Street. City Auditor and Clerk Robinson stated the Commission has a special meeting scheduled from 3 to 5 p.m. on December 16, 1998; that the attorney-client session could be held at 2:30 p.m. on the same date. Commissioner Pillot stated that he may be out of town December 16. City Attorney Taylor stated that attendance by four Commissioners would be sufficient. Mayor Dupree stated that hearing no objection, the attorney-client session will be scheduled for 2:30 p.m. on December 16, 1998. CITY AUDITOR AND CLERK ROBINSON: A. stated the December 7, 1998, regular Commission meeting was not televised because of technical difficulties associated with the transmission box; that Comcast Cablevision has ordered a new transmission box for installation and will transmit a delayed broadcast of the meeting. CITY MANAGER SOLLENBERGER: A. requested Commission approval to waive the 30-day requirement and allow an advanced report from the Planning Board/Local Planning Agency (PBLP) the Links Plaza project at the December 21, 1998, regular Commission meeting; and stated that a waiver is required as the petitions were filed prior to the adoption of the 1998 Land Development Regulations (LDRs). Mayor Dupree stated that hearing no objections, the Commission waives the 30-day requirement and authorizes an advanced PBLP report regarding Links Plaza at the December 21, 1998, regular Commission meeting. BOOK 45 Page 17938 12/07/98 6:00 P.M. BOOK 45 Page 17939 12/07/98 6:00 P.M. 24. ADJOURN (AGENDA ITEM XII) #3 (1025) There being no further business, Mayor Dupree adjourned the regular meeting of December 12, 1998 at 9:45 p.m. ue lpsel - JEROME DUPREE, MAYOR 5 Cla E Rober & BIELY B7 ROBINSON, CITY AUDITOR AND CLERK