MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 6, 1999, AT 6:00 P.M. PRESENT : Mayor Mollie C. Cardamone, Vice Mayor Gene M. Pillot, Commissioners Albert F. Hogle, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Cardamone The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR JUNE, 1999, LISA R. SHEAR, SENIOR TRANSCRIBER, POLICE DEPARTMENT #1 (0025) through (0167) E. J. Whitehead, Captain, Sarasota Police Department, came before the Commission and requested that Lisa R. Shear, Senior Transcriber, come forward. Captain Whitehead stated that the Employee of the Month Program allows the City to celebrate the achievements of the City's most valuable resource, the employee; that Ms. Shear has served with excellence and pride as an employee of the City for 5 years. Captain Whitehead stated that Ms. Shear voluntarily initiated the reorganizing of the existing Juvenile Photo Log files of the Criminal Investigations Division, the Crimes Against Children Unit; that the unit helps to achieve the City's goal "to be a safe place for people"; that the volume of the files was overwhelming; that Lisa's persistence in reorganizing, alphabetizing and logging unit photographs has helped police officers make arrests; that Lisa constantly strives to provide a high level of professionalism and proficiency in her duties; that working with her is a pleasure. Mayor Cardamone presented Ms. Shear with a City-logo watch, a plaque, and a certificate as the June 1999, Employee of the Month in appreciation of her unique performance with the City; and congratulated Ms. Shear for her outstanding efforts. Ms. Shear accepted the awards and thanked the Commission; and stated that appreciation is extended to Lucius Bonner, Jr., Sergeant, Sarasota Police Department, her co-workers and family members who were present in the audience: Beth Shear, Mother; BOOK 46 Page 18390 07/06/99 6:00 P.M. BOOK 46 Page 18391 07/06/99 6:00 P.M. Larry Shear, Father; Sandra Cook, Sister; and Rob Martinez, Fiancé. 2. PRESENTATION RE: MAYOR'S CITATION TO KIRK PEDERSON, COACH OF SARASOTA HIGH SCHOOL BOYS' TENNIS TEAM FOR THEIR RECENT DESIGNATION AS THE 1999 CLASS 5A FLORIDA STATE CHAMPIONS #1 (0167) through (0245) Kirk Pederson, Coach of the Sarasota High School Boys' Tennis Team, and Aaron Reilly, Captain of the Boys' Tennis Team, came forward. Mayor Cardamone stated that Aaron Reilly is the only graduating Senior of the Boys' Tennis Team and will be attending Florida State University in the fall of 1999; that the Boys' Tennis Team is the 1999 Class 5A Tennis Champions for the State of Florida. On behalf of the City Commission, Mayor Cardamone read in its entirety the Mayor's Citation commending the dedication, hard work, enthusiasm, and leadership of Coach Pederson of the Sarasota High School Boys' Tennis Team under whose leadership the Team attained the distinction of the 1999 Class 5A Florida State Champions; that the Teams' outstanding, undefeated 16 to 0 record has resulted in a first-ever State Boys' Tennis Team Championship for Sarasota High School and has generated significant positive publicity for the community and presented Coach Pederson with the signed Mayor's Citation embossed with the City Seal. 3. PRESENTATION RE: MAYOR'S CITATION TO SARASOTA HIGH SCHOOL BOYS' TENNIS TEAM FOR THE REÇENT DESIGNATION AS THE 1999 CLASS 5A FLORIDA STATE CHAMPIONS #1 (0245) through (0367) Kirk Pederson, Coach of the Sarasota High School Boys' Tennis Team, and Aaron Reilly, Captain of the Boys' Tennis Team, came forward. On behalf of the City Commission, Mayor Cardamone read in its entirety the Mayor's Citation commending the dedication, hard work, enthusiasm, and leadership of team members of the Sarasota High School Boys' Tennis Team; presented Captain Reilly with the signed Mayor's Citations embossed with the City Seal and asked Captain Reilly to distribute the citations to each of the other team members as follows: Sven Kuehn, Kyle Preissner, Ryan Preissner, Paul Ramy, Mark Riddell and Ray Shovlain. Mayor Cardamone continued that for the first time in the history of Sarasota High School, the Boys' Tennis Team has won the 1999 Class 5A Florida State Championship; that Sarasota High School was ranked second in the State in 1999 for the overall athletic program for Class 5A schools; that the team's enthusiasm and hard work have made the team members ambassadors of goodwill for the City during the exciting and successful 1998/99 season. Coach Pederson stated that on behalf of Sarasota High School and the Boys' Tennis Team, the City's support and recognition is appreciated; that the Sarasota Boys' Tennis Team is undefeated in the State, with a record of 16 to 0; that the team members are a dedicated group of young men who represent the City; that the team members have worked hard to achieve an undefeated record and to win the first 1999 Class 5A Florida State Championship. 4. PRESENTATION RE: PLAQUE OF APPRECIATION TO LARRY LOVEJOY, EMPLOYEE SERVICES DIRECTOR FOR HIS DEDICATION AS CHAIR OF THE INSTITUTE OF GOVERNMENT STEERING COMMITTEE #1 (0367) through (0430) Dr. Thomas Davenport, Director of the Institute of Government at Manatee Community College (MCC) came before the Commission and stated that MCC provides training programs for County and local officials in Sarasota and Manatee Counties; that Dr. Larry Lovejoy is the outgoing Chair of the Institute of Government Steering Committee; that Dr. Lovejoy has led the program in new directions; that the program has provided over 22,000 hours of training, the highest ever, thanks to Dr. Lovejoy; that under Dr. Lovejoy's leadership, the program has had the first Excellence in Government Symposium; that thanks to Dr. Lovejoy's direction, a program to provide a scholarship to a person pursuing a career in government was begun. Dr. Davenport, on behalf of the Institute of Government, presented the plaque to Dr. Lovejoy in appreciation for his services as Chair of the Institute of Government Steering Committee. Dr. Lovejoy thanked the City of Sarasota for its support in its relationship with the MCC Institute of Government Steering Committee; and stated that appreciation is extended to his wife, Jean, and son, Larry, for their support. 5. PRESENTATION RE: PRESENTATION TO ELIZABETH "BETSY" KELLEY RECOGNIZING HER 80TH BIRTHDAY #1 (0430) through (0585) Mayor Cardamone asked Elizabeth "Betsy" Kelley to come forward. Mayor Cardamone stated that the City of Sarasota is presenting Betsy Kelley with a Certificate of Appreciation for her civic involvement and contributions to the City of Sarasota; that Betsy has attended every City Commission meeting for the past 14 years, health permitting; that the City of Sarasota acknowledges Betsy's civic contribution in conjunction with her recent 80th birthday on May 25, 1999. BOOK 46 Page 18392 07/06/99 6:00 P.M. BOOK 46 Page 18393 07/06/99 6:00 P.M. Mayor Cardamone read in its entirety the City of Sarasota's Certificate of Appreciation; and stated that Betsy has been a tireless volunteer and advocate for the elderly; that after 10 years in retirement, she returned to school and obtained a Home Health Aide degree; that Betsy has been a member of the Rosemary District Redevelopment Advisory Board since its inception in 1995, a member and has served as Secretary of the Sarasota North Action Group (S.N.A.G.), is active in the Coalition of City Neighborhood Associations (CCNA) and was one of the first volunteers to staff the Police substation on Central Avenue. Ms. Kelley stated that the presentation is a complete surprise and thanked the Commission. Mayor Cardamone stated that American flags were placed along Osprey and Orange Avenues, and in neighborhoods along Bahia Vista Street and in Cherokee Park, Bay Point and Harbor Acres on the morning of July 4, 1999; that Rose Bay Realty placed hundreds of flags of different sizes along the streets; that the Commission recognizes and thanks Rose Bay Realty for the time and energy expended to perform a patriotic endeavor. 6. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0585) through (0691) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add to Unfinished Business, Item No. VII-5, Report Re: Special City Attorney's Report, per the request of Mayor Cardamone. B. Delete Consent Agenda No. 1, Item No. 11, Approval Re: Authorize the Administration to approve Goodwill Industries, Inc., market for sale city-owned property located at 1869 Fourth Street per the request of Donald Hadsell, Director of Housing and Community Development. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 7. APPROVAL RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JUNE 2, 1999 AND THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 7, 1999 - APPROVED (AGENDA ITEM I-1 and -2) #1 (0691) through (0748) Mayor Cardamone asked if the Commission had any changes to the minutes. Commissioner Hogle stated that the word "assess" should be changed to "access" in the minutes of the June 2, 1999, Special Commission meeting to result in the following: Commissioner Hogle asked the street providing access to the parking garage? Commissioner Quillin stated that the word "three" should be deleted in the minutes of the June 2, 1999, Special Commission meeting to result in the following: Commissioner Quillin asked the cost of the fountain? Commissioner Mason stated that the name "Freeman" should be corrected to "Freedman" in the minutes of the June 2, 1999, Special Commission meeting to result in the following: Mr. Freedman stated that the creator of the patented fountain process indicated the fountain will work correctly. Commissioner Hogle stated that the word "office" should be changed to "officer" in the minutes of the June 7, 1999, Regular Commission meeting to result in the following: .advice of the City Attorney and as a retired City police officer.. Mayor Cardamone stated that hearing no other changes to the minutes of the June 2, 1999, Special Commission meeting and the June 7, 1999, Regular City Commission meeting, the minutes are approved as corrected by unanimous consent. 8. PRESENTATION RE: DRUG FREE COMMUNITY COMMUNITY RELATIONSHIP TRAINING #1 (0763) through (1013) Mary Ann Andrews, Executive Director, and Gordon Jolly, Program Director, Drug Free Communities, came before the Commission to make a presentation concerning COmmUNITY Relationship Training sponsored by Drug Free Communities. Mr. Jolly referred to the COmmUNITY newsletter entitled "A Program of Drug Free Communities Center for Neighborhood Development" which focused on the article "Drug Free Communities sponsors the COmmUNITY Leadership Fellows Program Beginning January 1999,' and stated that the program is focusing on initiatives to bring about changes in attitudes and is very important to the community. Ms. Andrews stated that COmmUNITY was initiated in 1998 in observance of Dr. Martin Luther King, Jr. Day to sustain the BOOK 46 Page 18394 07/06/99 6:00 P.M. BOOK 46 Page 18395 07/06/99 6:00 P.M. efforts of racial healing and appreciation of diversity; that Lari Ann Harris, Manatee County Commissioner for District 4, has assisted in developing the program to identify and solicit key individuals from Manatee and Sarasota Counties committed to the issue of racial healing; that discussing racial healing in addition to cultural diversity is very important; that cultural diversity can be learned in a book; however, racial healing must be experienced. Ms. Andrews continued that the program's goal was to bring 20 committed people together to discuss the issues; that a class was held on five consecutive Thursday evenings; that the class, as pictured in the COmmUNITY newsletter, was very successful; that participants included City Commissioner Carolyn Mason, Trevor Harvey, former candidate for City Commission, and Al Brown, CO- facilitator from the Drug Free Community Staff; that all participants kept journals; that a Pulitzer Prize winning photographer who authored a book entitled Black in America offered to teach young children to take pictures of the community. Ms. Andrews continued that the support of City government officials and others interested in Sarasota by devoting time and effort to participate in a class involving racial healing is requested; that the class is a very powerful experience which stays with participants a long time; that participants must commit to attending each of the five sessions; that leadership is very important in talking about the very difficult issue of racial healing; that participation is requested for another class scheduled for the fall of 1999; that the ultimate goal is ongoing classes throughout the year to include young people. Commissioner Mason stated that the Drug Free COmmUNITY Program has been discussed with the City Manager who will discuss collective participation in the program at the July 19, 1999, Regular Commission Meeting. Mayor Cardamone stated that the association of racial healing with Drug Free Communities is natural. Ms. Andrews stated that crime and neighborhood improvement cannot occur until interaction among the people is achieved; that the relationship training is part of the public safety program of Drug Free Communities. Commissioner Mason stated that Richard Walker, Senior Planner, Planning and Development Department, was a participant in the program; that involvement in the program is worth the time. Mayor Cardamone asked if the request is for volunteers or identifying people in a leadership capacity? Ms. Andrews stated that the request is for leaders in various sectors of City government to infuse the message of racial healing; that program participants who are changed by the experience will change the environment; that the same request for participation will be made to Manatee County Government and the City of Bradenton; that participation is important through every department in the City to touch everyone; that the philosophy is to change the community by changing individuals. 9. UNFINISHED BUSINESS: RESCISSION RE: THE JANUARY 19, 1999, COMMISSION CONCEPTUAL APPROVAL OF EXPANSION PLANS FOR THE SENIOR FRIENDSHIP CENTER AT LUKE WOOD PARK AND THE MARCH 15, 1999, COMMISSION ENDORSEMENT OF DEVELOPMENT OF A PROPOSED CENTER FOR BUSINESS, ARTS, AND TOURISM AT 122 NORTH TAMIAMI TRAIL NEAR PIONEER PARK = POSTPONED UNTIL THE JULY 19, 1999, REGULAR COMMISSION MEETING (AGENDA VII-1) #1 (1016) through (1260) Vice Mayor Pillot referred to the July 6, 1999, hand delivered letter to Mayor Cardamone from Attorney Charles Bailey, Jr., law firm of Williams, Parker, Harrison, Dietz and Getzen representing Robert Roskamp, Roskamp Management Company, requesting postponement of Agenda Item VII-1 due to the absence of Mr. Roskamp; that the subject is presented at this time sO audience participants can be notified if the item is postponed or delayed. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to postpone the discussion on Agenda Item VII-1 until the July 19, 1999, Regular Commission meeting. Commissioner Hogle stated that while well prepared to discuss the subject, postponement is reasonable sO dialogue from all individuals involved can be heard and in fairness to Mr. Roskamp. Commissioner Mason agreed. Commissioner Quillin stated that the topic was placed on the agenda to have an open discussion as two Commissioners were not seated at the time the conceptual ideas were formulated; that Agenda Item VII-1 contains two separate issues: 1) the January 19, 1999, Commission conceptual approval of expansion plans for the Senior Friendship Center at Luke Wood Park and 2) the March 15, 1999, Commission endorsement of development of a proposed Center for Business, Arts, and Tourism at 122 North Tamiami Trail near Pioneer Park; that a subject listed on the agenda does not assure action will take place; that a representative of Mr. Roskamp is in attendance; that a discussion is requested as the matter is of public concern; that the Commission's responsibility is to the whole community; that the topic should remain on the agenda. Vice Mayor Pillot agreed with the importance of the subject and the need for an open discussion; and stated that 13 days until BOOK 46 Page 18396 07/06/99 6:00 P.M. BOOK 46 Page 18397 07/06/99 6:00 P.M. the next meeting will not make a difference; that the project will take approximately a year to complete; that a 13-day delay will not have a negative effect; that postponement is more desirable. Commissioner Mason asked if the request for postponement concerns both the Roskamp project near Pioneer Park and the Senior Friendship Center (SFC) at Luke Wood Park? Vice Mayor Pillot stated that the request for postponement applies to the Roskamp project near Pioneer Park, not the SFC at Luke Wood Park. Mayor Cardamone stated that delaying the discussion of both issues is desirable as the projects are located in two different parts of town; however, the discussions are related; that due to the heavy agenda, she intended to request a delay as considerable discussion could occur; that 13 additional days will not endanger anything; that the motion to postpone discussion on both issues is supported. Vice Mayor Pillot stated that the discussions are related; that postponing the discussion on both issues is acceptable. Mayor Cardamone restated and called for a vote on the motion to postpone discussion on Agenda Item VII-1 to the July 19, 1999, Regular Commission meeting. Motion passed (4 to 1): Hogle, yes; Mason, yes; Pillot, yes; Quillin, no; Cardamone, yes. 10. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S (PBLP) ) REGULAR MEETING OF JUNE 2, 1999 SET APPLICATION NOS. 99-ZTA-05 and 99-ZTA-09 FOR PUBLIC HEARING; RECEIVED REPORT (AGENDA ITEM II-1) #1 (1260) through (1347) Jane Robinson, Director of Planning and Development, came before the Commission and presented the following items from the Planning Board/Local Planning Agency's (PBLP) meeting of June 2, 1999: A. Application No. 99-ZTA-05 Re: Transitional Buffers Ms. Robinson stated that the PBLP held a public hearing on June 2, 1999, regarding the City's Application No. 99-ZTA-05 for a zoning text amendment to Sections VII-301 through VII-308, Landscaping and Vegetation, inclusive of Tables 300-1 and -2 and Exhibits 1 through 9, Zoning Code (1998); that the PBLP voted to find Application No. 99-ZTA-05 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that existing buffering standards require a ten-foot buffer around all sides of all non-single family lots with no recognition of differing use intensities; that the zoning text amendment acknowledges similar use intensities and only requires buffers along property lines if the abutting use is of a different use intensity; that the PBLP recommends the Commission adopt the zoning text amendment proposed in Application No. 99-ZTA-05. Deputy City Manager Schneider stated that the Administration recommends setting Application No. 99-ZTA-05 for public hearing. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to set Application No. 99-ZTA-05 for public hearing. Motion carried unanimously (5 to 0 ): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. B. Application No. 99-ZTA-09 Re: Public Art Contributions Ms. Robinson stated that the Zoning Code (1998) requires property owners or developers of non-residential projects in the Commercial, Central Business District, (C-CBD), the Theatre and Arts District (TAD) and the Government Use (G) Zone Districts in the Community Redevelopment Area contribute funds to the Public Art Fund; that existing requirements in the Zoning Code (1998) give developers the option of contributing one-half of one percent of the construction costs to the Public Art Fund or of providing a piece of public art of equal value; that Application No. 99-ZTA-09 for a zoning text amendment to Section VII-701, Public Art Required, Zoning Code (1998), requires a monetary contribution to the Public Art Fund for contributions of $5,000 or less; that the PBLP recommends the Commission adopt the zoning text amendment proposed in Application No. 99-ZTA-09. Deputy City Manager Schneider stated that the Administration recommends setting Application No. 99-ZTA-09 for public hearing. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to set Application No. 99-ZTA-09 for public hearing. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to receive the report of the June 2, 1999, Regular PBLP meeting. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 11. BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD 'S REGULAR MEETING OF JUNE 8, 1999 = SET APPLICATION No. 99- HD-11 FOR PUBLIC HEARING; DIRECTED THE CITY ATTORNEY TO PREPARE AN APPROPRIATE AMENDMENT TO ORDINANCE NO. 95-3877 BOOK 46 Page 18398 07/06/99 6:00 P.M. BOOK 46 Page 18399 07/06/99 6:00 P.M. AND PREPARE A RESOLUTION TO WAIVE THE FEE FOR A CERTIFICATE OF APPROPRIATENESS; RECEIVED REPORT (AGENDA ITEM II-2) #1 (1347) through (1705) Jane Robinson, 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 June 8, 1999, Regular meeting of the Historic Preservation Board: A. Application No. 99-HD-11 Re: The Byrd and Katherine Kickliter House = 1205 Cocoanut Avenue 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 1205 Cocoanut Avenue, which meets the following criteria listed under Section IV-806 - (A) (1) and (4) of the Zoning Code (1998): 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota County, the State of Florida, or the United States of America; and 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to set Historic Designation Application No. 99-HD-11 for public hearing. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. B. Fees for Historic Designation Mr. Holliday stated that the Historic Preservation Board unanimously recommends: 1. Continuing to waive the application fee for historic designations 2. Waiving the application fee for a Certificate of Appropriateness 3. Amending Ordinance No. 95-3877 to allow for the disbursement of Historic Preservation Demolition Funds for discretionary purposes (plaques, and advertising, etc.) subject to approval by the Commission Mr. Holliday stated that approving the Board's recommendations would encourage eligible property owners to have property historically designated by eliminating some of the costs; that the significance of historic structures would be expanded; that the historic preservation program would be promoted; that the Commission adopted Ordinance No. 95-3877 on June 5, 1995, raising the demolition fee from $100 to $150; that the $50 increase was designated to subsidize costs associated with historically designating buildings; that a surplus balance is available; that accessing funds with the Commission's approval would allow the Board to continue to defray costs for historical designation, plaques, advertising, etc., and to help fund unanticipated historic preservation projects such as moving the Leonard Reid House. Mayor Cardamone referred to the April 5, 1999, letter from John Burg, Chief Planner, Planning and Development Department, to the Historic Preservation Board concerning the Historic Preservation Demolition Fund indicating the available balance as $14,600; and asked the cost to the City associated with historic designations, i.e., the cost of the plaques and Staff time? City Auditor and Clerk Robinson stated that the cost of the plaques for historically designated properties is under $100; that the major expense of historic designation is advertising; that the total cost is approximately $300. Ms. Robinson stated that the City is assisted by County Staff in the historic designation review process; that several historic preservation projects are currently pending, which the Historic Preservation Board would like to present to the Commission for funding approval from the Historic Preservation Demolition Fund. Mayor Cardamone stated that the Historic Preservation Board is requesting the Commission to direct the City Attorney's Office to prepare an appropriate amendment to Ordinance No. 95-3877 to allow use of the funds for discretionary purposes to defray the cost of historic preservation and a resolution to waive the fee for the Certificate of Appropriateness; that the request is supported; however, more cost information to assess the continuation of the program and the impact on the General Fund of the City would be appreciated. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to direct the City Attorney's Office to prépare an appropriate amendment to Ordinance No. 95-3877 to allow use of funds for discretionary purposes to defray the cost of historic preservation and a resolution to waive the fee for the Certificate of Appropriateness contingent upon the Commission receiving a report concerning the cost to the City of historic designations. BOOK 46 Page 18400 07/06/99 6:00 P.M. BOOK 46 Page 18401 07/06/99 6:00 P.M. City Auditor and Clerk Robinson stated that the cost questions can be addressed at the July 19 through 22, 1999, Commission budget workshops; that the public hearing for the proposed changes could be postponed until August 1999. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to receive the report of the Regular June 8, 1999, Historic Preservation Board meeting. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 12. BOARD ACTIONS: : REPORT RE: NUISANCE ABATEMENT PROGRAM RECEIVED REPORT (AGENDA ITEM II-3) #1 (1705) through (2154) Danny Bilyeu, Chairman of the Nuisance Abatement Board (NAB), and Russell Pillifant, Deputy Chief of Police, Sarasota Police Department, came before the Commission. Mr. Bilyeu stated that the NAB was created in 1996 and has the authority to levy fines and liens for property code violations and to seize vehicles; that 19 NAB cases have been dismissed from 1996 through 1999; and referred to the document entitled Nuisance Abatement Board List of Cases since 1996 indicating the following: Year Number of Cases 1996 7 1997 4 1998 4 1999 4 Mr. Bilyeu continued that the NAB instituted a landlord training program to help reduce the number of violations; that approximately $80,000 has been recouped from vehicle seizures; that half, or approximately $40,000, will be allocated back to neighborhoods and half to the NAB; that many problems are resolved without the NAB involvement. Mayor Cardamone asked if the NAB will be making recommendations for the allocation of the funds. Mr. Bilyeu stated that the allocation of funds will be coordinated with the Police Department; that recommendations will be presented to the Commission for approval. Commissioner Mason asked if a committee has been established to review funds allocation? Commissioner Hogle stated the neighborhood groups under the coordination of the Department of Neighborhoods and Redevelopment will be reviewing use of the funds allocated to neighborhoods. Commissioner Mason stated that the City pays for the demolition of designated properties and asked if liens are placed against the properties? City Auditor and Clerk Robinson stated that liens are recorded with the Clerk of Circuit Court; that a resolution is prepared incorporating a number of abatements of nuisances and associated costs, which are exhibits to the resolution; that liens against the properties are recorded individually. Mayor Cardamone stated that the NAB List of Cases indicates MFA Hospitality, Inc., has costs and fees of $3,607.37 with a status of dismissed and asked if MFA Hospitality, Inc., paid the fine? Mr. Bilyeu stated that a dismissed status is assigned if the fine was paid or if the case was suspended. Mayor Cardamone stated that the next report should indicate if a violator's fine was paid or suspended; that nuisance abatement administrative costs are substantial; that people are not aware of the police time involved; and asked for clarification of the availability of funds. Gibson Mitchell, Director of Finance, came before the Commission and stated that the availability of fines may be misunderstood; that the NAB and Chief of Police came before the Commission in December 1998 and requested Commission approval to allocate half of approximately $48,000 in fines to the Department of Neighborhoods and Redevelopment for neighborhood grants and the other half to the NAB; that an Administrative Regulation was subsequently developed indicating the funds collected in the previous year become available the following fiscal year; that the Commission approved the Administrative Regulation in December 1998; that the funds for fiscal year (FY) 1998/99 have already been allocated to the Fund Balance; therefore, the funds are not available unless the Commission makes a Special Appropriation from the Fund Balance; that approximately $70,000 should be collected in FY 1998/99; that the expenses for the NAB and the Department of Neighborhoods and Redevelopment have each been increased by $35,000 in the budget for FY 1999/2000; that the fines are a revenue source in one fiscal year and an expense item in the following fiscal year. Mr. Bilyeu stated that the Landlord/Tenant Classes conducted by the Police Department have been very successful; that the NAB members attended the first class and found it very informative; BOOK 46 Page 18402 07/06/99 6:00 P.M. BOOK 46 Page 18403 07/06/99 6:00 P.M. that 65 people have attended the classes; that landlords who have attended the Classes gave very positive feedback. Mr. Bilyeu stated that a class for tenants might be considered in the future; that the Administration has been very supportive of the NAB. Commissioner Hogle stated that the NAB should coordinate with the Police Department and the Administration for equipment needs and make a presentation to the Commission. Mayor Cardamone stated that the Landlord/Tenant program has been very successful; that developing a training program specifically for tenants would be a constructive tool in encouraging good neighbors. Commissioner Quillin stated that the State has literature available pertaining to landlords' and tenants' rights and responsibilities; that funds should be allocated to address landlord and tenant issues. Mayor Cardamone recognized Dr. Dennis Bouressa and his visiting Political Science Class of Keiser College who were present in the audience; and stated that the Commission has been receiving reports from citizens involved in advisory boards; that citizens volunteer their time and make a valuable civic contribution to the City. 13. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, 7, 8 AND 9 - APPROVED; ITEM NO. 10 - RESCHEDULED FOR THE JULY 19, 1999, REGULAR COMMISSION MEETING (AGENDA ITEM III-A) #1 (2154) through (2778) Commissioner Quillin requested that Item No. 10 be removed for discussion. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interlocal Agreement between the City of Sarasota and Sarasota County for the distribution of Local Option Gas Tax Revenues for the period September 1, 1999, through August 31, 2000 2. Approval Re: Authorize the City Attorney to file a lawsuit for an injunction against any nonconforming use that remains in business after July 10, 1999 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Lease Agreement between the City of Sarasota and Sarasota Convention and Visitors Bureau 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Marie Kleine for property located at 1620 Hansen Street 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Bernie Ulmer for property located at 1440 Pattison Avenue 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Catherine Ciccolella for properties located at 2906 Lynnhurst Street, 2902 Lynnhurst Street and 1613 Pattison Avenue 7. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Pro Putting Greens, Division of Spencer Phillips, Inc., (Bid #99-60H) for the golf course renovations to the Bunker and Tee Complex 8. Approval Re: FY 99-00 EPA Cooperative Agreement for the Sarasota Bay National Estuary Program (SBNEP) 9. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute the Parking Easement Agreement for St. Armands Circle (Northwest Quadrant Alley) On motion of Commissioner Quillin second of Commissioner Hogle, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 9, inclusive. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 10. Approval Re: Authorize Administration to permit Goodwill Industries, Inc., the selected Community Housing Development Organization (CHDO) to sell property located at 804 North Orange Avenue Commissioner Mason stated that Goodwill Industries, Inc. (Goodwill), is her employer; therefore, she is declaring a conflict of interest and will not vote on Consent Agenda No. 1, Item No. 10. Commissioner Quillin stated that the City only has one designated Community Housing Development Organization (CHDO); ; that Goodwill has indicated the City's property at 804 North Orange Avenue will be marketed if desired by the City; that the property would be appropriate for residents at the Sarasota Mobile Home Park (SMHP); that any proceeds from the sale will be used to reimburse the City's legal fees in acquiring the property and demolition; that Goodwill will charge a 7 percent commission fee which will BOOK 46 Page 18404 07/06/99 6:00 P.M. BOOK 46 Page 18405 07/06/99 6:00 P.M. increase the cost of the property and which is a concern; that Goodwill's efforts are appreciated; however, a low- to moderate- income family would be better able to afford the property if no commission were involved; that the only other CHDO in the area is located in Laurel and presumably serves the rest of Sarasota County; that the Community Housing Corporation (CHC) was involved in housing in the City; that the Commission has not received an update on the CHC; that CHDOS are the organizations which will be marketing low- to moderate- income housing; that for example, 7 percent of a $67,000 purchase price is $4,690. Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that a CHDO is a specific type of non-profit organization with higher requirements as set by the US Department of Housing and Urban Development (HUD) than a normal non-profit organization; that several non-profit organizations are involved in housing in the City and the County, including Habitat for Humanity and Royal Venice; that the CHC was also involved in housing in the City; that agencies may undertake housing activities but do not meet the requirements of a CHDO; that a Request for Proposals (RFP) for the establishment of CHDOS was distributed in the Fall 1998; that two responses were received; therefore, the City Commission and the Sarasota Board of County Commissioners were requested to approve the establishment of two CHDOs; that CHDOS can receive up to 5 percent of HOME Partnership Investment Act (HOME) funds for administrative fees, which is approximately $37,000 annually; that distributing the available administrative fees among more than two organizations would not provide adequate funds to any organization; therefore, the number of CHDOs was originally limited to one organization and eventually two organizations. Mr. Hadsell continued that properties are sold for the appraised value; that the 7 percent commission was designed to improve the capacity of the non-profit organization; that one problem with CHC was the organization was never capitalized and was always requesting additional assistance from the City; that the City's desire is to establish a professional relationship with an organization such as Goodwill which has operating funds available to meet expense obligations; that Goodwill can also establish partnerships with local banks, residents, and other non-profit organizations which would be difficult for the City to accomplish; that HUD encourages the use of non-profit organizations; that paying professional fees to non-profit organizations for work performed is encouraged by the State and HUD; that private organizations would be performing the activity if making a profit were possible. Commissioner Quillin stated that real estate commissions are negotiable; and asked if the commission or fee with Goodwill is negotiable? Mr. Hadsell stated yes; that the City normally pays 9.5 percent for a development agreement which includes designing and constructing the house, selling the property and working with the low income purchaser to obtain the housing; that the 7 percent fee was negotiated as Goodwill is not constructing the house. Commissioner Quillin asked if the prospective purchasers will be reviewed to assure certain criteria are met? Mr. Hadsell stated that anyone who participates in the City's homeownership program must complete a seven-hour class in Consumer Credit Counseling. Mayor Cardamone asked if the City can sell the property? Mr. Hadsell stated yes; however, doing sO places the City in the position of determining which bank will finance the mortgage; that engaging a non-profit organization which can identify a buyer, etc., is easier; that a low-income individual may have specific, unusual requirements in order to purchase housing. Mayor Cardamone asked if the property is considered surplus City property requiring considerable time and effort to sell? Mr. Hadsell stated yes. Mayor Cardamone stated that the commission was originally a concern; however, the requirement is better understood after discussions; and asked if the marketing can be limited for the first six months to SMHP residents whom the City is attempting to assist in relocating? Mr. Hadsell stated that Staff would not recommend a six-month limitation; however, initial marketing to SMHP residents is a good idea to which Staff is committed. Commissioner Quillin stated that knowing if the fee can be negotiated is desirable. Mayor Cardamone stated that consideration of Consent Agenda No. 1, Item No. 10, can be postponed and placed on the Agenda for the July 19, 1999, Regular Commission meeting, allowing additional time for discussion if desired. Commissioner Quillin agreed. Mayor Cardamone stated that hearing no objections, Consent Agenda No. 1, Item No. 10, will be scheduled for the July 19, 1999, Regular Commission meeting. 14. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 99R-1190) = ADOPTED: ITEM 2 (RESOLUTION NO. 99R-1191) - ADOPTEDI ITEM 3 BOOK 46 Page 18406 07/06/99 6:00 P.M. BOOK 46 Page 18407 07/06/99 6:00 P.M. (RESOLUTION NO. 99R-1192) - ADOPTED; ITEM 4 (RESOLUTION NO. 99R-1193) = ADOPTED; ITEM 5 (ORDINANCE NO. 99-4141) - ADOPTED; ITEM 6 (ORDINANCE NO. 99-4137) - ADOPTED; ITEM 7 (ORDINANCE NO. 99-4138) = ADOPTED (AGENDA ITEM III-B) #1 (2778) through (3357) Commissioner Quillin requested that Item No. 2 be removed for discussion. 1. Adoption Re: Proposed Resolution No. 99R-1190, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; providing for reading of this resolution by title only; and providing an effective date. 3. Adoption Re: Proposed Resolution No. 99R-1192, endorsing the use of local agency agreements between the City and the State of Florida Department of Transportation (FDOT), and authorizing the City Engineer to submit a local agency certification request to the State of Florida Department of Transportation; providing for the reading of this resolution by title only; and providing an effective date. 4. Adoption Re: Proposed Resolution No. 99R-1193, appropriating $8,500 from the unappropriated fund balance of the general fund to fund repairs to the air conditioning system in the Building Department, etc. 5. Adoption Re: Proposed Ordinance No. 99-4141, to vacate that certain westernmost 60-foot-long and 30-foot-wide portion of Hanson Bayou Road running west to east from the portion of Hanson Bayou Road previously vacated in deed book 328 at page 399, all as is more particularly described herein; providing for reading by title only; and providing an effective date. 6. Adoption Re: Proposed Ordinance No. 99-4137, providing for designation of the structure located at 3850 Flores Avenue historically known as the Richardson/Atwater House as a structure of historic significance pursuant to the historic preservation ordinance of the City of Sarasota; more particularly described herein; providing for reading by title only; and providing for an effective date. 7. Adoption Re: Proposed Ordinance No. 99-4138, providing for designation of the structures located at 1643 Sixth Street historically known as the H. 0. Cheney House as structures of historic significance pursuant to the historic preservation ordinance of the City of Sarasota; more particularly described herein; providing for reading by title only; and providing for an effective date. Commissioners Mason and Quillin left the Chambers at 7:12 p.m. City Auditor and Clerk Robinson read proposed Resolutions Nos. 99R-1190, 99R-1192 and Ordinance Nos. 99-4141, 99-4137 and 99-4138 by title only and Resolution No. 99R-1193 in its entirety. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 3, 4, 5, 6 and 7. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Cardamone, yes; Hogle, yes; Pillot, yes. Commissioners Mason and Quillin returned to the Chambers at 7:15 p.m. 2. Adoption Re: Proposed Resolution No. 99R-1191, amending the City's formal Rules of Procedure for City Commission meetings, adopted by Resolution No. 96R-936 and amended by Resolution Nos. 97R-959, and 97R-1010, by deleting Scheduled Presentations" and adding "Commission Board and Committee Reports" as orders of business on the agenda; providing for reading of this resolution by title only; and providing for an effective date. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1191 by title only. Commissioner Quillin stated that proposed Resolution No. 99R-1191 is to change the Commission's Rules of Procedures to remove Scheduled Presentations from and add Commission Board and Committee Reports to the Agenda; that reconsideration of removing Scheduled Presentations from the Agenda is requested; that leaving Scheduled Presentations on the Agenda would be preferred. Mayor Cardamone asked for clarification of the reason for removing Scheduled Presentations. City Auditor and Clerk Robinson stated that the Commission decided at the June 14, 1999, annual Commission goals-setting workshop to remove Scheduled Presentations; that prior to the goals-setting workshop, the facilitator had established Staff committees to review aspects of Commission procedures; that one committee reviewed the Agenda and recommended removing Scheduled BOOK 46 Page 18408 07/06/99 6:00 P.M. BOOK 46 Page 18409 07/06/99 6:00 P.M. Presentations; that the Commission agreed to the recommendation, which requires a change in the Rules of Procedure. Mayor Cardamone stated that citizens wishing to address the Commission can be heard under Citizens' Input. City Auditor and Clerk Robinson stated that is correct; however, I the time currently available under Scheduled Presentations is 7 minutes compared to 3 minutes for Citizens' Input. Commissioner Quillin stated that reestablishing guidelines concerning Scheduled Presentations could be considered; that the placement of Scheduled Presentations on the Agenda is appropriate; that the presentation by Drug Free Communities and the presentation by Solutions To Avoid Red Tide, Inc. (S.T.A.R.T.), scheduled as Agenda Item No. V, concern important issues and should not be as limited as Citizens' Input; that 7 minutes is appropriate; that guidelines should be developed rather than considering similar issues under Citizens' Input; that citizens' comments are not permitted under Scheduled Presentations. City Attorney Taylor stated that an effort to streamline the Commission meetings was the only reason for recommending the removal of Scheduled Presentations; that Scheduled Presentations is an unusual Agenda item as citizens' comments are not allowed, a special time limit is provided, the Commission cannot take any action except with a supermajority, and citizens could appear elsewhere such as New Business or Unfinished Business allowing for a more relaxed vote of the Commission and citizens' comments. Mayor Cardamone stated that the rationale for not taking action on Scheduled Presentations in the absence of a supermajority vote is understood; that upon hearing the rationale, proposed Resolution No. 99R-1191 is supported. Vice Mayor Pillot asked if the Commission has the authority to extend the time limit once the 3 minutes available under Citizens' Input is exhausted? City Auditor and Clerk Robinson stated yes, by consensus or a two-thirds vote. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to approve Consent Agenda No. 2, Item No. 2. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone requested that City Auditor and Clerk Robinson explain the public hearing process. City Auditor and Clerk Robinson stated that affected person and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial hearing will have five minutes to speak, will be timed and will be advised when one minute remains. A1l individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 15. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4142, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSION, DIVISION 3, POLICE, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA, AMENDING SECTION 24-83, COST-OF- LIVING PAYMENTS AND ADJUSTMENTS FOR RETIREES; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #1 (3357) through (3648) Commissioner Hogle stated that as a retiree of the Police Pension Fund, he has a personal and financial interest in proposed Ordinance No. 99-4142; therefore, he is declaring a conflict of interest and will not vote on proposed Ordinance No. 99-4142. John Schultz, Chairman, Police Pension Board of Trustees, came before the Commission and stated that proposed Ordinance No. 99-4142 amends Section 24-83, Cost-of-living payments and adjustments, Sarasota City Code, for police officer retirees; that police officers retiring at a normal retirement age are not currently eligible to receive cost-of-living adjustments (COLAS) until age 55; that the pension fund's present COLA provides for annual increases equal to the change in the Consumer Price Index (CPI) up to a maximum of 4 percent annually; that the COLA has averaged 3.4 percent over the past 25 years; that the proposed ordinance amends the pension plan to allow retired police officers a one-time option to select a COLA at 3.2 percent beginning in February 2000 or the current pension plan's provision based on the CIP beginning the February following the retired police officer's 55th birthday; that the fixed COLA of 3.2 percent is less than the actual COLA of 3.4 percent paid over the last 25 years; that no cost to the City is associated with proposed Ordinance No. 99-4142; that the revision may save the City money if retirees select the new option. Vice Mayor Pillot stated that the Commission has been given considerable information and input regarding proposed Ordinance No. 99-4142; therefore, extensive explanation is not required. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. BOOK 46 Page 18410 07/06/99 6:00 P.M. BOOK 46 Page 18411 07/06/99 6:00 P.M. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4142 by title only. Deputy City Manager Schneider stated that the Administration recommends passing proposed Ordinance No. 99-4142 on first reading. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4142 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 16. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4143, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSION, DIVISION 3, POLICE, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA, AMENDING SECTION 24-83, COST-OF- LIVING PAYMENTS AND ADJUSTMENTS FOR CURRENT EMPLOYEES; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #1 (3648) through (3876) John Schultz, Chairman, Police Pension Board of Trustees, came before the Commission and stated that proposed Ordinance No. 99-4143 amends Section 24-83, Cost-of-living payments and adjustments, Sarasota City Code, for police officers retiring in the future; that police officers retiring at normal retirement age are not currently eligible to receive regular cost-of-living adjustments (COLAs) until age 55; that the proposed ordinance amends the pension plan to allow for a fixed COLA of 3.2 percent which is less than the actual COLA of 3.4 percent paid over the last 25 years; however, the 3.2 percent fixed COLA will be paid out at a younger age; that the lower COLA at an earlier retirement age is reasonable for plan members and the City. Mr. Schultz referred to the document entitled "Sarasota Police Officers' Pension Fund Actuarial Cost Estimate June 16, 1999," comparing the present pension benefit costs and the proposed pension benefit costs and indicating the total cost as 1.01 percent of payroll; and stated that the pension plan is currently over funded; that no funding impact will occur until 2007; that the calculation does not take into account mandatory contributions from the City, employees and State; that the excess contributions could exceed $5 million over the next nine years and will ofiset the cost associated with the proposed pension plan change. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4143 by title only. Deputy City Manager Schneider stated that the Administration recommends passing Ordinance No. 99-4143 on first reading. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4143 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes; 17. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4140, ADJUSTING THE OCCUPATIONAL LICENSE FEE FOR ENGAGING OR MANAGING BUSINESSES, PROFESSIONS OR OCCUPATIONS WITHIN THE CITY; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-A-3) #1 (3876) through #2 (0187) Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 99-4140 was introduced at the June 6, 1999, Regular Commission meeting; that State law allows the Commission to consider up to a 5 percent increase for occupational license fees every two yearsi that proposed Ordinance No. 99-4140 amends Section 19-11, License Schedule, Sarasota City Code; that the Commission must adopt an ordinance adjusting the occupational license fee for engaging or managing businesses, professions or occupations within the City to take advantage of the two-year cycle; that a 5 percent increase is recommended. Vice Mayor Pillot asked if proposed Ordinance No. 99-4140 changes the relationship among the businesses being regulated or if a 5 percent increase is applied across the board? Mr. Litchet stated that the 5 percent increase is applied equally to all occupational license fees. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. Mayor Cardamone stated that interestingly, not a single business owner in the community has signed up to protest the 5 percent increase. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4140 by title only. BOOK 46 Page 18412 07/06/99 6:00 P.M. BOOK 46 Page 18413 07/06/99 6:00 P.M. Deputy City Manager Schneider stated that the Administration recommends passing proposed Ordinance No. 99-4140 on first reading. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4140 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes. 18. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 99-4125, PROVIDING FOR AMENDMENTS RELATIVE TO THE ADMINISTRATION OF THE LAUREL PARK OVERLAY DISTRICT MANDATORY DESIGN STANDARDS AND THE NON-MANDATORY DESIGN GUIDELINES; ETC. (TITLE ONLY) (APPLICATION NO. 99-ZTA-01, APPLICANT CITY OF SARASOTA) - PASSED ON FIRST READING (AGENDA ITEM IV-4) #2 (0187) through (0441) John Burg, Chief Planner, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 99-4125 amends Ordinance No. 98-4076 concerning the Laurel Park Overlay District regulations in the following sections in the Zoning Code (1998): Section II-201 Definitions Section III-401 Powers and Duties Historic Preservation Board Section III-901 Powers and Duties The Building, Zoning and Code Enforcement Department Section IV-808 Changes to Structures with Historic Designation Certificate of Appropriateness Section VI-3106 Laurel Park Overlay District Mr. Burg continued that the Laurel Park Overlay District regulations were implemented in October 1998 including mandatory design standards which are very specific as to setbacks, structural requirements etc.; that non-mandatory, design guidelines pertaining to subjective issues were also implemented; that the intent of the Laurel Park neighborhood was to have the Historic Preservation Board review both the mandatory design standards and non-mandatory design guidelines and advise in the capacity of a design review board separate from the role of Historic Preservation Board; that the Historic Presentation Board acting as a design review board would review all housing designs for all properties in the Laurel Park area. Mr. Burg further stated that once Ordinance No. 98-4076 was implemented, the residents of Laurel Park realized the process was burdensome; that the quasi-judicial process was mandated for any minor repairs or projects affecting the exterior of a structure; that the process was expensive, including advertising for public hearings, neighborhood notifications, etc.; that the Planning Board/Local Planning Agency (PBLP) at the May 12, 1999, Regular meeting found on a 4-to-1 vote proposed Ordinance No. 99-4125 amending the Zoning Code (1998) consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that after discussions with the Laurel Park residents and the Historic Preservation Board, Staff is recommending eliminating the Certificate of Appropriateness which would also remove the mandatory quasi-judicial process and public hearing requirements; that the Building, Zoning and Code Enforcement Department will administer the mandatory design standards; that an applicant would still come before the Historic Preservation Board to discuss non-mandatory design guidelines. Mayor Cardamone stated that proposed Ordinance No. 99-4125 eases the burdens of remodeling. Mr. Burg stated that is correct. Mayor Cardamone opened the public hearing. The following people came before the Commission: Bobby Fletcher, 651 Ohio Place (34236) and Rick Liberi, 1810 Morrill Street (34236). Mr. Liberi stated that as President of the Laurel Park Neighborhood Association (LPNA), the LPNA takes full responsibility for implementing Ordinance No. 98-4076, which was neighborhood generated; that the Certificate of Appropriateness created problems not previously considered; that the LPNA is confident the problems will be corrected by adopting proposed Ordinance No. 99-4125. Mr. Fletcher stated the Certificate of Appropriateness was intended to monitor compliance of design for building exteriors; that the LPNA miscalculated the problems the process created; that proposed Ordinance No. 99-4125 will correct the problems. Vice Mayor Pillot asked if proposed Ordinance No. 99-4125 is supported by the LPNA? Mr. Liberi stated yes; that the LPNA has worked with Staff to draft proposed Ordinance No. 99-4125. Mr. Liberi distributed a July 3, 1999, letter to the Commission from the LPNA Board of Directors addressing the Senior Friendship BOOK 46 Page 18414 07/06/99 6:00 P.M. BOOK 46 Page 18415 07/06/99 6:00 P.M. Center's proposed expansion into Luke Wood Park; and stated that the LPNA does not support expansions into public parks. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4125 by title only. Deputy City Manager Schneider stated that the Administration recommends passing proposed Ordinance No. 99-4125 on first reading. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 99-4125 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. Mayor Cardamone stated that the LPNA is commended for recognizing a problem early and initiating a correction; that everyone is proud of the neighborhood revitalization and the LPNA 's efforts. 19. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4130, AMENDING LAND DEVELOPMENT REGULATIONS (LDR) DEVELOPMENT STANDARDS FOR HOTELS/MOTELS IN C-CBD ZONE DISTRICT; ETC. (TITLE ONLY) (APPLICATION NO. 99-ZTA-07, APPLICANT CITY OF SARASOTA) - PASSED ON FIRST READING (AGENDA ITEM IV-A-5) #2 (0441) through (0629) Paul Costanzo, Chief Planner, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 99-4130 amends Section VI-1603, Development Standards for hotels and motels in the Commercial, Central Business District (C-CBD) Zone District, Zoning Code (1998); that at the May 12, 1999, Regular meeting, the Planning Board/Local Planning Agency (PBLP) unanimously found proposed Ordinance No. 99-4130 approving Application 99-ZTA-07 to include maximum density requirements for hotels and motels in the C-CBD Zone District consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that hotel and motel density requirements in the C-CBD Zone District were not previously stipulated; that Staff was directed by the Commission in October 1998 to prepare an amendment to the Zoning Code (1998) addressing density requirements for hotels and motels; that proposed Ordinance No. 99-4130 establishes a maximum density for hotels and motels in the Central City land use classification of 50 units per acre. Commissioner Quillin asked if proposed Ordinance No. 99-4130 includes hotel and motel maximum density requirements? Mr. Costanzo stated yes. Commissioner Quillin asked if hotels and motels are exempt from setback requirements? Mr. Costanzo stated that proposed Ordinance No. 99-4130 carries forward the same development requirements currently in the C-CBD Zone District and allows for zero lot line development which is also allowed in the downtown area. Commissioner Quillin stated that the public has raised concerns about setback standards in the C-CBD Zone District; that a 20-foot setback from sidewalks similar to the Commercial, Neighborhood (CN) Zone District is acceptable; that the concerns are rear- and side-yard setbacks, which should be reviewed. Mr. Costanzo stated that proposed Ordinance No. 99-4130 addresses the Commission's concerns raised at the time of adoption of the new Zoning Code (1998); that the Planning Department is preparing another major revision to the Zoning Code (1998) as directed by the Commission; that projected implementation of the revision is scheduled for mid to late winter 1999; that an analysis addressing rear- and side-yard setbacks can be included; that Staff is currently reviewing similar proposed changes in development standards; that a review of the entirety of the development standards would be more appropriate than trying to review one isolated situation. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4130 by title only. Deputy City Manager Schneider stated that the Administration recommends passing proposed Ordinance No. 99-4130 on first reading. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to pass proposed Ordinance No 99-4130 on first reading. Vice Mayor Pillot left the Chambers at 7:45 p.m. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. Vice Mayor Pillot returned to Chambers at 7:50 p.m. BOOK 46 Page 18416 07/06/99 6:00 P.M. BOOK 46 Page 18417 07/06/99 6:00 P.M. 20. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4146, AMENDING LAND DEVELOPMENT REGULATIONS (LDRS) REVISION CONCERNING ALLOWING "TOWNHOUSES" AS A MAJOR CONDITIONAL USE IN THE TAD ZONE DISTRICT; ETC. (TITLE ONLY) (APPLICATION NO. 99-ZTA-02, APPLICANT CITY OF SARASOTA) - PASSED ON FIRST READING (AGENDA ITEM IV-A-6) #2 (0629) through (1732) Paul Costanzo, Chief Planner, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 99-4146 is to allow "townhouses" as a major conditional use in the Theatre and Arts District (TAD) Zone District; that multi-family uses are already allowed in the TAD Zone District; that townhouses will be identified as a unique use with mandatory design characteristics in the TAD Zone District if approved; that proposed Ordinance No. 99-4146 is consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition. Mr. Costanzo continued that the Planning Board/Local Planning Agency (PBLP) at the May 12, 1999, Regular meeting held a public hearing and voted unanimously to find proposed Ordinance No. 99-4146 to allow "townhouses" as a major condition use in the TAD Zone District consistent with the City's Comprehensive Plan and recommend adoption by the Commission; that the TAD Zone District is on the northern fringes of the Commercial, Central Business District (C-CBD) Zone District, has many of the characteristics of the C-CBD Zone District, and is very pedestrian oriented. Mr. Costanzo further stated that townhouse dwellings will increase the density in the TAD Zone District in furtherance of the urbanized nature of downtown; that downtown activity will be maximized and extend the pedestrian nature to the outer boundary of downtown; that the proposed townhouses will have higher density standards at a minimum of 30 units and maximum of 35- units per acre compared to a maximum of 25-units per acre for multi-family dwellings; that minor design standards which would mandate minimum unit size are proposed; that the design criteria is intended to prevent long, large barn-like buildings and to create urban-type housing without the necessity to erect tall buildings. Commissioner Hogle asked if the designs will have features allowing businesses to operate on the ground level with living quarters above similar to the structures which used to exist on Palm Avenue? Mr. Costanzo stated that a mixed development concept is not included in proposed Ordinance No. 99-4146; that the mixed development concept may be introduced in the second revision to the Zoning Code (1998). Mayor Cardamone asked if the TAD Zone District extends to Fruitville Road? Mr. Costanzo stated yes. Commissioner Quillin stated that the TAD Zone District extends from Cocoanut Avenue to US 41 and from First Street to Fruitville Road. Mayor Cardamone stated that pictures of acceptable and unacceptable townhouse design had been requested. Mr. Costanzo distributed drawings of an acceptable townhouse design and stated that although the roof line is straight, design features such as windows, chimneys and cupolas and a forward facing roof line to break the straight line pattern are introduced. Mayor Cardamone stated that the drawings are appreciated and opened the public hearing. The following people came before the Commission: Devin Rutkowski, 324 Julia Place (34236), read his July 6, 1999, letter to the Commission concerning proposed Ordinance No. 99-4146 into the record and stated that the proposed townhouse concept is another name for a row house; that the row house concept has been in existence for a number of years; that the townhouse concept was a way to attract people back into the cities; however, the City's land development regulations were adopted following a suburban model requiring large setbacks, adequate off-street parking, etc., and does not allow for mixing businesses with housing dwellings; that the City should adopt a land use policy recognizing the City is 98 percent built out; that the City's current suburban land development regulations were written for a county with acres and acres of vacant land, have been amended several times, and do not allow for an orderly pattern of redevelopment with adequate urban regulation; that architectural versus urban design should not be dictated within the City's TAD Zone District; that adoption of proposed Ordinance No. 99-4146 should be delayed until specific workshops addressing townhouse versus row house design issues can be scheduled; and distributed an illustrative example of land development regulations concerning row houses. Mayor Cardamone asked for clarification of a townhouse versus a row house. Mr. Rutkowski stated that a row house is a building type; that a townhouse is a building; that a row house predates the concept of a townhouse; that Section 5 of the distributed example of land development regulations concerns Architectural Standards, BOOK 46 Page 18418 07/06/99 6:00 P.M. BOOK 46 Page 18419 07/06/99 6:00 P.M. including reference to the exterior finish, sliding doors and windows, etc. however, the example does not dictate architectural design; and referred to Section VII-602 (Y) (4), Facade and Roof Articulation, of proposed Ordinance No. 99-4416 as follows: 4. Facade and Roof Articulation Buildings containing three (3) or more townhouses shall incorporate at least two (2) of the following: a) A minimum of three (3) changes in roof slope planes, either vertically or horizontally, for each building; b) A change in wall plane of at least three (3) feet in length for every two (2) townhouses; or c) For each townhouse, at least one (1) architectural projection not less than two (2) feet from the wall plane and not less than four (4) feet wide. . Mr. Rutkowski stated that the requirements mandate architectural design; that the City's land development regulations should regulate urban design and not architecture; that the Commission is requested to postpone further consideration until the Commission and PBLP can discuss the proposal in more detail; that examples of quality townhouse or row house buildings which would be illegal in the City can be provided; that roof plane and wall plane changes are not dictated elsewhere in the Zoning Code (1998). Vice Mayor Pillot stated that the minutes of the May 12, 1999, Regular PBLP meeting indicate that Mr. Rutkowski, as a member of the PBLP, made the motion to approve and voted in favor of proposed Ordinance No. 99-4146; that the current objections are puzzling. Mr. Rutkowski stated that Staff was questioned at length as to the driving motivation and anticipated goal; that the explanation was a desire to avoid long blank walls in structures; that personal research was subsequently conducted providing good examples of the reason the proposed ordinance is misguided; that the Zoning Code (1998) should be reviewed in its entirety rather than taking a piecemeal approach. Commissioner Quillin stated that a row house has a setback; that the TAD Zone District is predominantly a single-family, residential area; that under the proposal, townhouses could have a zero lot line, which is not liked in single-family neighborhoods. Mr. Rutkowski stated that urban design will dictate lot placement; that parking is a major concern; that residential, on- street parking is not allowed in the Zoning Code (1998); however, an urban setting does not allow for ample street parking; that townhouses are just elaborated apartments. Commissioner Quillin stated that the TAD Zone District has alleyways for parking and is a small area in the City; that the TAD Zone District already has some criteria in place. Mr. Rutkowski stated that the TAD Zone District has urban design characteristics; however, the utilization of urban design concepts is not permitted under the currênt regulations; that proposed Ordinance No. 99-4146 dictates architecture, including roof- and wall-plane features. City Attorney Taylor stated that Mr. Rutkowski is a member of the PBLP; that Staff initiated proposed Ordinance No. 99-4146, which was approved with a unanimous, 5-to-0 PBLP vote; that Mr. Rutkowski is objecting to the proposed ordinance as a private citizen; that the matter is legislative in nature; that the Commission may take action as appropriate; that a request is being made to postpone action for further consideration; however, proposed Ordinance No. 99-4146 has the recommendation of Staff and the PBLP. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4146 by title only. Deputy City Manager Schneider stated that the Administration recommends passing proposed Ordinance No. 99-4146 on first reading. Vice Mayor Pillot stated that Mr. Rutkowski's contributions to City planning, particularly the efforts in the Laurel Park neighborhood, have been valuable and are recognized; that the presentation and questions are relevant; but cited the minutes of May 12, 1999, Regular PBLP meeting as follows: Mr. Costanzo stated that this (proposed Ordinance No. 99-4146) was not in any way a set of architectural criteria. He stated that these design criteria were written to prevent large long barn-looking structures and only that and that was a basic principle that anyone in the City could agree on. Vice Mayor Pillot stated that the response is adequate to address personal concerns; that no other PBLP members have come forward to object. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4146 on first reading. BOOK 46 Page 18420 07/06/99 6:00 P.M. BOOK 46 Page 18421 07/06/99 6:00 P.M. Commissioner Quillin stated that proposed Ordinance No. 99-4146 is being written specifically for the TAD Zone District; that the motion is supported; that the revisions are designed to make the area more user friendly; that the TAD Zone District has a requirement for further in-fill housing to make the area more residential. Commissioner Hogle stated that the motion is supported; however, the concerns raised by Mr. Rutkowski should be considered as other areas in the City are reviewed to assure development is not hampered. Mayor Cardamone stated that the proposed ordinance does not allow for mixed use of the buildings, i.e., commercial business on the lower level and living quarters on the second level. Mr. Costanzo stated that is correct; that mixed use development was not considered; that the revision is specific to the TAD Zone District; however, Staff is not biased against a mixed development concept, which could be addressed as part of the larger revision of the Zoning Code (1998). Mayor Cardamone asked the impetus for townhouses in the TAD Zone District? Mr. Costanzo stated that the effort is to introduce a more urban type housing into the downtown area. Mayor Cardamone asked if Staff or the Commission initiated discussion of the issue? Mr. Costanzo stated that the basis is in the City's Comprehensive Plan and is the desire to bring pedestrian traffic out further from the C-CBD Zone District and Main Street; that timing was a factor; that currently key land parcels in the TAD Zone District may be able to utilize the concept. Mayor Cardamone stated that requiring developers to construct dormer windows on roofs of a three- to six-townhouse structure could be expensive; that such requirements should not be imposed. Mr. Costanzo stated that proposed Ordinance No. 99-4146 requires meeting only two of the three roof requirements; that input from several architects was solicited during the drafting process; that the architects did not indicate the mandates would cause development concerns; that the proposed ordinance is not meant to dictate architecture, which is never desired; however, mandating undesirable characteristics out of the zone district is desirable. Mayor Cardamone asked if any urgency exists for the proposed ordinance? Mr. Costanzo stated no. Mayor Cardamone stated that the PBLP is demonstrating a renaissance in thinking of design issues due to attendance at recent workshops and conferences; that the Commission and PBLP can discuss the concept in upcoming joint workshops. Vice Mayor Pillot stated that PBLP members are very knowledgeable and understand the process; however, no members but Mr. Rutkowski has been in contact or raised objections; that sending proposed Ordinance No. 99-4146 back to the PBLP is not supported. Mayor Cardamone stated that the expertise of the PBLP is appreciated; however, some new thinking may be occurring on the PBLP based on some previous discussions with PBLP members at the Commission table. Commissioner Quillin stated that proposed Ordinance No. 99-4146 is for a small, site-specific area in the TAD Zone District; that the revision will not mandate substantial changes in the City. Mayor Cardamone stated that the townhouse concept could be applied to other areas of the City if done properly. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 99-4146 on first reading. Motion carried (4 to 1): Mason, yes; Pillot, yes; Quillin, yes; Cardamone, no; Hogle, yes. 21. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 99-4147, AMENDING LAND DEVELOPMENT REGULATIONS (LDR) REVISION CONCERNING THE TIMING OF NEIGHBORHOOD WORKSHOPS FOR REZONING AND CONDITIONAL USE REQUESTS; ETC. (TITLE ONLY) (APPLICATION NO. 99-ZTA-08, APPLICANT CITY OF SARASOTA) = PASSED ON FIRST READING (AGENDA ITEM IV-A-7) #2 (1732) through (1835) Paul Costanzo, Chief Planner, Planning and Development Department, came before the Commission and stated that the City's recently adopted Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, mandated changing the timing of the neighborhood meetings for development applications; that currently, the neighborhood workshop for rezoning and major and minor conditional uses is required prior to the public hearing before the Planning Board/Local Planning Agency (PBLP); that proposed Ordinance No. 99-4147 changes the timing of neighborhood meetings for rezoning and major and minor conditional uses to prior to application submittal to the City; that the PBLP held a public hearing on May 12, 1999, to consider the revision to the timing of neighborhood meetings and voted unanimously to find proposed Ordinance No. 99-4147 consistent with the Sarasota City Plan, 1998 Edition. BOOK 46 Page 18422 07/06/99 6:00 P.M. BOOK 46 Page 18423 07/06/99 6:00 P.M. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4147 by title only. Deputy City Manager Schneider stated that the Administration recommends passing proposed Ordinance No. 99-4147 on first reading. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4147 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. The Commission recessed at 8:20 p.m. and reconvened at 8:30 p.m. Mayor Cardamone requested that City Attorney Taylor explain the quasi-judicial process. City Attorney Taylor stated that during quasi-judicial public hearings, the Commission is required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and for cross examination; that Affected Persons are individuals especially interested in the proceedings due to close proximity to or other special interest in the subject property and must have filed for certification as an Affected Person prior to the public hearing; that time limits will be established for each quasi-judicial public hearing; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission. 22. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4151, PROVIDING FOR THE REZONING OF APPROXIMATELY 1.53 ACRES FROM THE COMMERCIAL NEIGHBORHOOD (CN) ZONE DISTRICT TO THE COMMERCIAL, CENTRAL BUSINESS DISTRICT (C-CBD ) ZONE DISTRICT TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING TO BE KNOWN AS KANE PLAZA, LOCATED AT ONE SOUTH SCHOOL AVENUE AND 30 NORTH SCHOOL AVENUE; APPROVING DEVELOPMENT PLAN 98-DPR-H WHICH INCLUDES THE PROPERTY FOR A TOTAL OF APPROXIMATELY 2.14 ACRES; ETC. (TITLE ONLY) (APPLICATION NO. 98-CO-06, APPLICANT SARASOTA FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION, INC.) PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #2 (1835) through #3 (0048) City Attorney Taylor stated that proposed Ordinance No. 99-4151 concerns Petition No. 98-CO-08 to rezone property located at One School Street and 30 North School Avenue from the Commercial, Neighborhood (CN) to the Commercial, Central Business District (C-CBN) Zone District to allow the construction of a ten-story, 82,000-square-foot office building as depicted in Site and Development Plan Petition No. 98-DPR-H and which will be known as Kane Plaza; that the Applicant is Y Associates, Ltd., a partnership consisting of private investors and the Sarasota Family Young Men's Christian Association (YMCA) i that the Planning Board/Local Planning Agency (PBLP) found Rezoning Petition No. 98-CO-08 and Site and Development Plan Petition No. 98-DPR-H consistent with the Sarasota City Plan and recommended approval at its November 4, 1998, Regular meeting; that the petitions implementing Ordinance No. 99-4107 and a requested street vacation were presented and approved at the December 21, 1998, Regular Commission meeting subject to required second reading, which occurred at the January 4, 1999, Regular Commission meeting. City Attorney Taylor continued that the Commission's approval of the original application was appealed to the Circuit Court of the Twelfth Judicial Circuit which found the Commission ex parte disclosures concerning the rezoning were insufficient to satisfy the quasi-judicial requirements of Section 286.0115, Florida Statutes (1997), creating a presumption of prejudice; that the Circuit Judge indicated the City could schedule a public hearing on the rezoning petition at which ex parte disclosures by each Commissioner could be made to remove the presumption of prejudice; that the court order provides an opportunity to allow the Commission to comply with adopted procedures concerning the disclosure of ex parte communication by identifying: 1) the subject of the communication and 2) the person, group, or entity with whom the communication took place; that previously expressed concerns regarding the street vacation have been resolved. City Attorney Taylor further stated that the recommendation is to allow 10 minutes for the Applicant's presentation and 3 minutes for rebuttal; that the City will have 5 minutes for presentation and 2 minutes for rebuttal; that no one has filed for certification as an Affected Person; that other interested persons will have 3 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the City Attorney's recommendations for speaker time limits. City Attorney Taylor requested that Commissioner ex parte communications, if any, be disclosed. BOOK 46 Page 18424 07/06/99 6:00 P.M. BOOK 46 Page 18425 07/06/99 6:00 P.M. Mayor Cardamone stated that a meeting was held with the following individuals involved in the project: David Tichnor, President, Tichenor Group Architects, Inc. Carl Weinrich, President and Chief Executive Officer, YMCA David Band, Esquire, law firm of Able, Band, Russell, Collier, Pitchford & Gordon, P.A. Mayor Cardamone stated that the exact date of the meeting, which took place in Attorney Band's office, is not recalled nor is the subject matter; that several plans and a rendering of Kane Plaza were visible in the office; that the conversation was probably about the rezoning which was being sought; that a subsequent meeting took place on December 8, 1998, at which time the street vacation was discussed with Mr. Weinrich and George Mazzarantani, Esquire, law firm of Able, Band, Russell, Collier, Pitchford & Gordon, P.A., representing Y Associates, Ltd. Vice Mayor Pillot stated that no ex parte communications took place with anyone regarding the rezoning; that a discussion concerning the use of a privately owned parking lot adjacent to the property occurred; and asked if the disclosure is adequate? City Attorney Taylor stated that the disclosure is adequate to identify the subject; that in addition, the person or persons present during the conversation should be identified. Vice Mayor Pillot stated that the names of all the people present are not known; however, present were Mr. Weinrich, Mr. Tichenor, and Robert King, owner of the property to the east of the Kane Plaza site and owners of a ballroom dance studio; that the substance of the conversation concerned the use of a parking lot; that no reference was made to the pending application. Commissioner Hogle stated that on December 18, 1998, a meeting was held at 2:30 p.m. with Mr. Weinrich and Mr. Tichenor at which a diagram was displayed of the proposed building; that no discussion regarding the street vacation or the rezoning was held; that on June 21, 1999, a meeting with Mr. Weinrich and Attorney Mazzarantani took place to determine questions or required additional information concerning the application; that the response was no additional information was necessary; that all the Planning Board/Local Planning Agency (PBLP) meetings for the last half of 1998 were personally attended; that a conversation of individuals with an interest in the application were overheard at one PBLP meeting; that the substance of the conversation was dissatisfaction with the PBLP procedures regarding Kane Plaza; that no personal opinion was offered. Commissioner Mason stated that on June 21, 1999, a short meeting took place with Mr. Weinrich and Mr. Tichenor at which time a display was presented which was apparently a site plan; that the particulars of the court case, which were previously known, were presented; that the indication at the meeting was the street vacation created no problem. Commissioner Quillin stated that no ex parte communication took place. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that Staff was contacted by legal counsel representing nearby business owners in an effort to resolve the parking issue; that the east-west alley behind the affected businesses is 40 foot wide and approximately 136 feet long; that perpendicular parking with 9-foot wide spaces rather than angular parking can be utilized, providing 14 9-foot-wide spaces; that the alley will have two 11-foot-wide travel lanes; that the recommended configuration meets the City's requirements of the Zoning Code (1998); that no additional property would be required for a turn-around at the end of the alley with the proposed configuration; that the design is similar to the configuration the City allows for "on-site" parking lots; that on July 1, 1999, a meeting took place at which all parties concerned approved the proposed parking solution. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Richard Smith, law firm of Nelson and Hesse, 2070 Ringling Boulevard, (34235), representing Levoie Hipps of Levoie's Salads, 2241 Ringling Boulevard (34235), Ms. Jackie Hamel, owner of Ringling Barber Shop, 2247 Ringling Boulevard (24235), and Paul Arcade, Jr., of Arcade Show Repair 2243 Ringling Boulevard (34235), David Band, law firm of Able, Band, Russell, Collier, Pitchford & Gordon, P.A., Jeffrey Russell, also of the law firm of Able, Band, Russell, Collier, Pitchford & Gordon, P.A., and Carl Weinrich, President and Chief Executive Officer of the Sarasota Family YMCA, Inc., came before the Commission. Attorney Smith entered into the record a verbatim transcript of the portion of the December 21, 1998, Regular Commission meeting concerning proposed Ordinance No. 99-4107. Mr. Weinrich stated that the Kane Plaza project is a 10-story building at the intersection of School Avenue and Main Street; that the intent of the project is to create a landmark building as an entrance to the City; that partners were sought to finance the project due to encouragement from the City; that David Band, Stanley and Daniel Kane, and other various investors formed Y Associates, Ltd.; that the building will be aesthetically pleasing from every angle; that features include brick pavers in front of the building; that art work placed in a center circle will assist in slowing vehicular traffic; that the City has BOOK 46 Page 18426 07/06/99 6:00 P.M. BOOK 46 Page 18427 07/06/99 6:00 P.M. agreed to continue landscaping from Main Street to the proposed project site to create an attractive area downtown. Attorney Band stated that objections were previously received from abutting business owners; that differences regarding parking have been resolved; that all parties have signed an agreement concerning the resolution of the parking issues. Attorney Smith distributed copies of a portion of a site plan with a sketch of the proposed 14 parking spaces in the platted alley and stated that Staff has done an excellent job assisting with the resolution of the parking issue; that Y Associates, Inc., has agreed to move the Kane Plaza's trash and recycle center to the north side of the facility; that interest in the alley has been disclaimed by Y Associates, Inc.; that objections to the project no longer exist; that the proposed ordinance is supported; that the necessity of engaging in litigation is regretted; that the Commission may wish to avoid oral ex parte communications outside public hearings in the future; that the Commission should direct the Administration survey all the potential parking areas in the business and government areas east of US 41, generally in the area of Main Street south to Adams Lane, and develop options to maximize the parking potential; that the future viability of the businesses, courts, and governmental uses in the area is important; that creative approaches are required. City Attorney Taylor stated that Commissioners Mason and Quillin should disclose a review of the record regarding Kane Plaza as appropriate. Commissioner Mason stated that the facts of the application are well known; that a review of the record has taken place; that the December 21, 1998, Regular Commission meeting at which time the Commission acted upon the rezoning and street vacation associated with the Kane Plaza was attended. Commissioner Quillin stated that the facts of the application are well known; that a review of the record has taken place; that the December 21, 1998, Regular Commission meeting at which time the Commission acted upon the applications for Kane Plaza was attended. Mayor Cardamone stated that no one has filed for status as an Affected Person; therefore, other interested persons are requested to come forward. Robert King, 900 Sarabay Drive (34229), owner of property located at 2272 Main Street, came before the Commission and stated that the project is supported; that the major concern was with the closure of Main Street and the unavailability of 17 public parking spaces; that parking would present a problem with the closure of Main Street; that a solution has been reached by working with Y Associates, Ltd., and others to accommodate the tenants in nearby buildings; that the evening parking requirements are less than during daytime hours; that the City should review maximizing parking potential; that some discussions have taken place to remove curbing to allow angle parking; that a sewerage drainage problem exists in the area. Richard Hubbard, Jr. 8125 Regents Court (34201), owner of the Sarasota Lanes, and John Patterson, Esquire, law firm of Livingston, Strickland, Paterson and Weiner, P.A., 46 North Washington Boulevard, Suite 1 (34236), came before the Commission. Attorney Patterson stated that the owners of the Sarasota Lanes, which are located near the property, support the project and believe the project will enhance the neighborhood; that the City should endeavor to assist in the creation of a great neighborhood at the east end of Main Street by approval of the application. Mr. Hubbard stated that support has always existed for the Kane Plaza project; that the development of the property is positively anticipated. Mayor Cardamone stated that Sarasota Lanes is an important business in the City. Vice Mayor Pillot stated that the only manner to reach the parking spaces is by either driving over the curb or over the Sarasota Lanes property; that the curb cannot be removed due to drainage issues; and asked if vehicles are driven through the property Sarasota Lanes to park in public parking spaces and if consent is given? Mr. Hubbard stated that vehicles are driven through the Sarasota Lanes property to park; however, the consent of Sarasota Lanes has not been given; that some design changes will rectify the problem by possible curb modifications in the future. Vice Mayor Pillot stated that the curb cannot be modified with a cut-through as the curb contains and directs stormwater run-off; that the water will flood Sarasota Lanes without the curb; and asked for any suggestions to improve parking. Attorney Patterson stated that all interested parties should meet to review the parking issue and formulate a plan. Paul Thorpe, 1818 Main Street (34236), representing the Downtown Association of Sarasota, Inc. came before the Commission and stated that the Downtown Association supports the Kane Plaza project, intends to conduct a survey regarding angle parking at BOOK 46 Page 18428 07/06/99 6:00 P.M. BOOK 46 Page 18429 07/06/99 6:00 P.M. the east end of Main Street, and will present the facts and findings from the survey to the Commission. Mayor Cardamone requested that the Applicant and the City come forward for rebuttal. City Attorney Taylor stated neither the Applicant nor the City has any rebuttal. Mayor Cardamone requested Commissioner supplemental remarks, if any. Hearing no Commissioner supplemental remarks, Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4151. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4151 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes, Pillot, yes. Mayor Cardamone stated that the east end of Main Street is an important part of downtown; that the Kane Plaza building will be the signature building for the east end of Main Street; that there is a consensus of the Commission for the Administration to begin reviewing methods to improve the vehicle parking along the east end of Main Street and report back to the Commission. Vice Mayor Pillot stated that the Commission became concerned about any discussions with the public upon first learning of the restrictions concerning ex parte communications; that subsequently the advice from the City Attorney was discussions with the public could be held provided the rules of disclosure were followed; and asked if the practice is correct? City Attorney Taylor stated yes. Vice Mayor Pillot stated that Attorney Smith suggested the Commissioners should avoid all ex parte communication, which would impede Commissioners' communication with the public; and asked for a comment on the suggestion? City Attorney Taylor stated that Attorney Smith has advised Sarasota County for a number of years on matters involving land use; therefore, Attorney Smith has experience and is respected for being knowledgeable concerning the subject; that one method of avoiding the possibility of error is not to engage in any discussions, eliminating the opportunity for attack on the basis of ex parte communication; however, the State Legislature by law has given specific authority to local governments to engage in contact with constituents and members of the public; that such contact can occur as long as the legal disclosure requirements are followed. Vice Mayor Pillot stated that individual Commissioners can decide to have or not to have discussions with members of the public and be guided by the disclosures procedures accordingly; and asked if Commissioners have the option of telling a member of the public a discussion is or is not appropriate at a particular time? City Attorney Taylor stated yes. Mayor Cardamone stated that the opportunity for the public to speak candidly to elected officials is important; that everybody is welcome to address her; that every effort will be made to make a written reference of the meeting. Vice Mayor Pillot stated that his position concerning public contact is the same. Commissioner Hogle agreed; and stated that the purpose for discussions is to discover the philosophical reason a particular project is proposed and to obtain a better understanding by listening to both sides of an issue. Mayor Cardamone stated that both sides have the ability to communicate with the Commission; that any neighbors who opposed Kane Plaza did not contact her; however, some individuals may not have felt comfortable contacting elected officials which is unfortunate. 23. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4139, REZONING A PORTION OF THE REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF WASHINGTON BOULEVARD AND OAK STREET (THE EAST HALF ), ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-B-2) AND PROPOSED RESOLUTION NO. 99R-1189, APPROVING MAJOR ÇONDITIONAL USE APPLICATION NO. 99-CU-08 TO ALLOW A MOTOR VEHICLE SALES AGENCY IN THE COMMERCIAL GENERAL (CG) ) ZONE DISTRICT, LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON BOULEVARD AND OAK STREET, ETC. (TITLE ONLY) (APPLICATION NOS. 99-RE-03, 99-CU-08, AND 99-SP-E, APPLICANT STEPHEN REES, ESQUIRE AS AGENT FOR VERNON BUCHANAN, SARASOTA FORD) = ADOPTED (AGENDA ITEM IV-B-2) #3 (0048) through (1920) City Auditor and Clerk Robinson stated that the request is for approval of Application No. 99-RE-03 for a rezoning from the Residential, Multiple-Family (RMF)-3 to the Commercial, General BOOK 46 Page 18430 07/06/99 6:00 P.M. BOOK 46 Page 18431 07/06/99 6:00 P.M. (CG) Zone District, Major Conditional Use Application No. 99-CU-08 and Site Plan Application 99-SP-E to allow expansion of the Sarasota Ford Motor Vehicle Sales Agency; that the property consists of the northern portion of the block bounded by Washington Boulevard, Oak Street, Payne Parkway, and South Payne Parkway; that the Applicant is Sarasota 500, Inc., and Sandra and Vernon Buchanan. City Attorney Taylor stated that Mayor Conditional Use Application No. 99-CU-08 will be implemented by proposed Resolution No. 99R-1189, if approved; that Rezoning Application No. 99-RE-03 with the accompanying Site Plan Application No. 99-SP-E will be implemented by proposed Ordinance No. 99-4139, if approved; that the items may be acted upon together; that the recommendation is to allow 15 minutes for the Applicant's presentation and 5 minutes for rebuttal; that the City and Affected Persons will be given 5 minutes to make a presentation and with 3 minutes for rebuttal; that other interested persons will be allowed 3 minutes to speak if acceptable to the Commission; that one person made a timely filing for certification as an Affected Person and is recommended for certification as follows: William Arbuckle, 2050 Oak Street (34237). City Attorney Taylor stated that an additional person, Christopher Jaensch, 635 Columbia Court (34236), indicated a request for certification as an Affected Person should have been filed but was not; that Mr. Jaensch can speak, nevertheless, as an interested person, if desired. Mayor Cardamone stated that hearing no objections, the recommendations of the City Attorney concerning certification of Affected Person and time limits are accepted. Mayor Cardamone requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Mason stated that on June 21, 1999, a discussion with Mr. Buchanan, the applicant, took place which was limited to a question of being aware of the existence of an application for rezoning. Commissioner Hogle stated that several items were discussed in a December 1998 meeting with representatives of Sarasota Ford; that none of the items are before the Commission; that on June 21, 1999, a meeting again took place with the same people; that the topics ranged from recreation vehicles to bridges; that the only discussion regarding the topic before the Commission was if additional information was required; that no additional information was requested. Vice Mayor Pillot stated that a scheduled meeting to discuss future plans regarding the proposed project was not held. Mayor Cardamone stated that an invitation to a meeting was received; however, the meeting never took place due to scheduling problems. Commissioner Quillin stated that no meetings regarding the issue have taken place; that generally, meetings with applicants are not accepted once a site development plan is filed; that Richard Liberi, President, Laurel Park Neighborhood Park Association (LPNA), mentioned holding a neighborhood meeting on the proposed project. Vice Mayor Pillot asked if conversations with an applicant on a matter totally unrelated to a pending application must be disclosed? City Attorney Taylor stated no. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Stephen Rees, Esquire, law firm of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., 2033 Main Street, Suite 600, and Joel Freedman, ACIP, Bishop & Associates, Inc., 78 Sarasota Center Boulevard, came before the Commission. Attorney Rees distributed a landscape plan for the parking addition for Sarasota Ford; and stated that a brief summary is in order; that as filed, the proposed project meets all the requirements of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, the Zoning Code (1998), and the tree protection ordinance; that the application was review by the Planning Board/Local Planning Agency (PBLP) on May 12, 1999, which unanimously recommended approval of the rezoning application and adopted a resolution recommending the approval of the major conditional use and site plan application to use the entire property as a motor vehicle sales agency; that the owners' intention is to retain Sarasota Ford at the present location, provide the necessary expansion to retain the business at the location, and reorganize the business at the location to better serve customers and to provide a better exterior appearance; that the expansion will permit the relocation of the used car and truck sales to another site, allow the relocation of most of the employee parking, and allow the reconfiguration of the dealership to provide a more central and accessible customer parking area and to use the existing dealership for new car and truck display and servicing; that a favorable finding of concurrency on all of the essential public facilities and services has been received; that the project was deemed to have a little or no negative impact on traffic. Mr. Freedman displayed the proposed site plan on the overhead projector; and stated that the site has as boundaries Washington BOOK 46 Page 18432 07/06/99 6:00 P.M. BOOK 46 Page 18433 07/06/99 6:00 P.M. Boulevard on the west, Oak Street on the north, Payne Parkway on the east, and South Payne Parkway on the south; that the main entrance to the dealership is from the south; that one entrance will be located on the south side; that another entrance located on Oak Street; that the agency will voluntarily close all access points along Washington Boulevard, which will be a great improvement; that a 10-foot buffer is provided along Washington Boulevard, South Payne Parkway, and Payne Parkway; that a wider buffer zone exists along Oak Street due to the First Presbyterian Church of Sarasota, which is located at the end of Oak Street and is concerned with the appearance of Oak Street; that specifically Oak Street will be maintained with an attractive green vista; that a 15-foot landscaped buffer will be provided; that a 6.5-foot decorative wall starting at the Oak Street entrance along the length of Oak Street and continuing along Payne Parkway to connect to the existing wall will be constructed; that the First Presbyterian Church of Sarasota has acquired all the property along Payne Parkway; that the oak trees are spaced evenly apart around the parking lot; that hedges and walls will be installed; that the entire parking area is buffered well from the surrounding neighborhood; that the proposed 15,000-square- foot building which will house sales personnel is a relatively small building; that a gazebo will be built for customers to view the car lot and for discussions with sales staff; that the entrance on Oak Street will be signed as an employee entrance and exit only; that a separate employee parking lot will be built; that signage will be direct customers to use the main entrance. Attorney Rees stated that proposed Ordinance No. 99-4139 incorporates four conditions: A. The real property . shall be developed and used as a motor vehicle sales agency as an expansion to, and in conjunction with, the existing Sarasota Ford Motor Vehicle Sales Agency . B. Perimeter landscape buffers shall be provided as depicted on the Landscape Plan . C. Applicants shall file a consolidated plat for approval D. Applicants shall submit a revised site plan depicting proposed signage, and elevations of proposed signage for approval . Attorney Rees stated that two conditions came from the applicant; that the two evolved through the Development Review Committee (DRC) and the Planning Board/Local Planning Agency (PBLP) process; that the incorporation of the two additional conditions was entered into the record at the May 12, 1999, PBLP meeting; that the purpose of Condition A is to assist the expansion of Sarasota Ford and not allow separate and disparate businesses to occupy the site, which was a concern to some neighbors who attended the neighborhood meeting; that the request is to rezone the eastern half of the block from Residential, Multiple-Pamily (RMF)-3 to the Commercial, General (CG) Zone District sO the entire block is in the CG Zone District; that Condition B concerns the site plan and the landscape plan with the assurances the perimeter landscape buffers either meet or exceed the requirements of the Zoning Code (1998); that Condition C is to consolidate all lots into one lot; that the deed will be filed and recorded in the public record; that the consolidation plat was reviewed and approved by counsel in final form on July 7, 1999, and will be filed with the City on July 8, 1999; that Condition D concerns the filing of a signage plan which was filed approximately two weeks ago; that comments has been received from Staff; that the plan is being revised to accommodate Staff recommendations; that the applicants are aware of, are able, and legally intend to perform the requirements with the conditions of proposed Ordinance No. 99-4139 if approved and will construct and thereafter operate the dealership consistent with the conditions and the details and features on the site plan and landscape plan; that proposed Resolution No 99R-1189 approving Major Conditional Use Application No. 99-CU-08 with. accompanying Site Plan Application No. 99-SP-E also incorporates the condition to file a consolidation plat, which will be filed on July 8, 1999; that the deed to transfer title from Mr. and Mrs. Buchanan to Sarasota 500, Inc., will also be recorded on July 8, 1999; that the applicants will be in compliance with all the conditions in proposed Ordinance No. 99-4139 and proposed Resolution No. 99R-1189. Mayor Cardamone requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that the applicant has given the Commission a fair and accurate assessment of the applications for the rezoning and the major conditional use; that the major issues were resolved prior to the public hearing; that the original submission included a requested street vacation with which Staff had a number of issues concerning utilities; that the applicant withdrew the requested street vacation; that Staff also had concerns regarding a proposed driveway cut onto US 301; that the applicant voluntarily eliminated the driveway cut; that neighbors had concerns regarding the access point onto Oak Street; that a large amount of traffic encroaching into the neighborhood was not desired; that a sign plan was requested for submittal prior to second reading to insure directional signs are in place to alleviate the traffic concerns of neighbors; that signs directing drivers along South Payne Parkway to customer parking at the main lot and signs on Oak Street indicating "Employee Parking Only" have been installed. Mayor Cardamone requested that Affected Persons come forward. BOOK 46 Page 18434 07/06/99 6:00 P.M. BOOK 46 Page 18435 07/06/99 6:00 P.M. City Auditor and Clerk Robinson stated that the Affected Person has not signed up to speak. Mayor Cardamone requested that other interested persons come forward. Christopher Jaensch, 635 Columbia Court (34236), came before the Commission and stated that the notice to apply for status as an Affected Person was not received due to a delivery error; that all the work the City has done in the Washington Park area has made the neighborhood a great place in which to live; that a business should be of a character which is for the residents or of a smaller scale; that an auto super center does not fit with the concept of an urban City; that despite all the assurances, the use of the property is not the best use as a flagship City park is located next door. Paul Thorpe, 1818 Main Street (34236), Executive Director, representing the Downtown Association of Sarasota, Inc., came before the Commission and stated that the Association supports the proposed project and views the landscaping improvement as an excellent southern entrance to the City; that Sarasota Ford is a major employer in the City; that many employees live in City neighborhoods; that Sarasota Ford has been a good neighbor; that the First Presbyterian Church of Sarasota is working with Sarasota Ford to make the area very attractive. Richard Liberi, 1810 Morrill Street (34236), President, Laurel Neichborhood Association (LPNA), came before the Commission and stated that an automobile will be displayed on a stage at the southwest corner of Oak Street and US 301; that the LPNA believes the use is not compatible with the First Presbyterian Church of Sarasota or the Washington Park neighborhood; that not allowing the display of an automobile on a stage would be a very satisfactory gain for the LPNA; that as President of the LPNA, a brief conversation took place with the owners of Sarasota Ford; that the representatives of the LPNA have not spoken with or attended meetings concerning the rezoning for Sarasota Ford except for a PBLP meeting; that the LPNA views the proposed expansion of Sarasota Ford as a negative for the neighborhood and not compatible with the area; and asked if landscaping is present near the automobile display? Mayor Cardamone requested that the Applicant and the City come forward for rebuttal, as appropriate. Mr. Freedman stated that the southwest corner of Oak Street and US 301 will be landscaped with a small berm area 2 feet high in the back so all the automobiles will be at a slight angle; that the area will not be a stage or a platform; that the area is a low rise area which will have paver bricks. Vice Mayor Pillot asked if the automobiles will be raised up sO the under-carriage can be seen? Mr. Freedmen stated no; that landscaping will be placed in front of the automobiles as at the existing dealership. Earnest Parisi, Jr., Manager and co-owner of Sarasota Ford, came before the Commission and stated that the intention of Sarasota Ford is not to build a stage which will block the view or be obtrusive; that Sarasota Ford will continue the current landscape plan which meets or exceeds all City codes. Commissioner Quillin stated that the staging area is a concern; that even an 18-inch rise will block the view of traffic; that the intersection of Oak Street and Washington Boulevard is a bad intersection; and asked if the raised area could be relocated? Mr. Freedman stated that a 25-foot triangle of land down Oak Street and Washington Boulevard will be dedicated to the City; that all vegetation must be kept below 30 inches in height for visibility which adds another 5 feet; therefore, a 30-foot setback will exist at the intersection of the Oak Street and Washington Boulevard. Commissioner Quillin stated that the area in question is the platform area adjacent to the 10-foot landscape buffer; that placing automobiles on the corner will create a visual impact. Mr. Freedman stated that nothing will be placed within 30 feet of the property line. Vice Mayor Pillot asked if a 30-foot unobstructed view will exist at the corner. Mr. Freedman stated yes. Attorney Rees stated that the objective of Sarasota Ford to expand has been repeatedly brought before the PBLP and the Commission in the past three years; that the prior Commission approved Small Scale Plan Amendment Petition No. 98-PA-04 to allow commercial land use with eligibility for the CG Zone District; that an appearance before the Commission also took place during the adoption of the Sarasota City Plan, 1998 Edition, to request incorporation as a permissible use the major conditional use of a motor vehicle sales agency in the CG Zone District, which received the prior Commission's endorsement; therefore, the intent of Sarasota Ford has been publicly expressed through a number of public hearings and applications so the LPNA could have addressed the issue of proper land use designation for Sarasota Ford previously; that the neighborhood meeting was not attended by the LPNA as Mr. Liberi indicated; that the minutes of the PBLP meeting indicate the first BOOK 46 Page 18436 07/06/99 6:00 P.M. BOOK 46 Page 18437 07/06/99 6:00 P.M. appearance of Mr. Liberi not as an officer of the LPNA but in a personal capacity to address concerns about the land use designation; that the record should reflect Sarasota Ford has listened to suggested changes to the proposed plan; that the LPNA has not been present for a dialog; that the proposed plan meets and/or exceeds the requirements of the City; therefore, the adoption should move forward; that John Tosch, President and General Counsel, Sarasota Ford, and Mr. Buchanan, Chairman of the Board, Sarasota Ford, are in the audience and available to answer any questions. Commissioner Quillin asked if any noise generating equipment will be at the sales agency? Mr. Tosch stated that no noise generating equipment is anticipated at the location; that the body shop and repair facility have relocated. Commissioner Quillin stated that property is leased for off loading of new cars on School Avenue; and asked if the cars will be unloaded at the proposed project site? Mr. Tosch stated no. Commissioner Quillin stated that the unloading is being done at night; that the issue will be addressed at another time. Mr. Tosch stated no unloading is expected at the proposed project location. Mayor Cardamone asked if the First Presbyterian Church of Sarasota owns all the property of single-family homes between the dealership and the church? Mr. Freedman stated that the First Presbyterian Church of Sarasota owns or has under contract all the property. Mayor Cardamone stated that, therefore, no single-family homes will remain in the area, which is compatible with the proposed project. Ms. Murphy stated that a resident contacted Staff with a concern regarding car alarms, which were being tested in the area; that Staff directed the person to contact Sarasota Ford and participate in the good neighbor policy of Sarasota Ford. Mayor Cardamone requested Commissioner supplemental remarks, if any. Hearing no Commissioner supplemental remarks, Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4139. On motion of Vice Mayor Pillot and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 99-4139 on first reading. Commissioner Quillin stated that a concern still exists regarding the display of cars 18 inches high above the ground; that the public should be assuréd motorists can see around the corner; that hopefully the neighbors can work with Sarasota Ford to resolve any issues; that safety at the corner is important. Vice Mayor Pillot stated that nearby residents previously had concerns regarding the body shop, which have subsequently been resolved; that the issue is brought up to demonstrate the integrity of Sarasota Ford to keep promises made to the City. Mayor Cardamone stated that Sarasota Ford's good neighbor policy is a positive and is supported. Commissioner Hogle stated that the dealership has a good record concerning reducing noise in the neighborhood; that the landscaping matches the City's landscaping; that the result will be another great addition to the community; that keeping track of the utility connections are important and should be considered with the new project. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the Public Works Department is aware of the issue and will work with Sarasota Ford to resolve any potential problems. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 99-4139 on first reading. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes, Pillot, yes; Quillin, yes. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1189 by title only. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to adopt proposed Resolution No. 99R-1189, contingent upon the adoption on second reading of proposed Ordinance No. 99-4139. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 24. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4148, PROVIDING FOR THE REZONING OF REAL PROPERTY FROM THE MULPIPLE-TAMILY-RESIDENTIAL-3 (RMF-3) ZONE BOOK 46 Page 18438 07/06/99 6:00 P.M. BOOK 46 Page 18439 07/06/99 6:00 P.M. DISTRICT TO THE COMMERCIAL NEIGHBORHOOD ZONE DISTRICT, LOCATED AT 1821 HYDE PARK STREET, ETC. (TITLE ONLY) (APPLICATION NO. 99-RE-04, APPLICANT BRUCE FRANKLIN AS AGENT FOR GRIFFIN HOLDING COMPANY V, INC.) ) = PASSED ON FIRST READING (AGENDA ITEM IV-B-3) #3 (1920) through (2855) Mayor Cardamone stated that Application No. 99-RE-04 is to rezone property at 1821 Hyde Park Street from the Residential, Multiple- Family (RMF)-3 to the Commercial, Neighborhood (CN) Zone District; that the Applicant is Bruce Franklin, Land Resource Strategies, Inc., as agent for Griffin Holding Company V, Inc., owner. City Attorney Taylor stated that no one has filed for certification as an Affected Person; that the recommendation is to allow 5 minutes for the Applicant's presentation and 3 minutes for rebuttal; that the City will have 5 minutes for presentation; that interested persons will have 3 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the City Attorney's recommendation for speaker time limits. Mayor Cardamone requested that Commissioner ex parte communications, if any, be disclosed. Commissioners Mason and Quillin stated that no ex parte communications took place. Vice Mayor Pillot stated that the proposed project has a long history before the Commission; that extension of the parking lot at Morton's Market was discussed at the time the proposed project was first presented; that a discussion with Mr. Franklin regarding area residents' concerns about the parking lot is recalled; that no discussion regarding the Hyde Park Street issue is recalled. Commissioner Hogle stated that approximately one month ago a discussion took place with Mr. Franklin who was asked the progress concerning the project; that the reply was the project was proceeding with difficulty; however, Mr. Franklin did not elaborate. Mayor Cardamone asked the specific date of the application? City Attorney Taylor stated that the application is dated March 3, 1999. Mayor Cardamone stated that any discussions predated the application date of March 3, 1999; that no ex parte communications have taken place since the application was filed. Vice Mayor Pillot stated that all personal discussions predated the March 3, 1999, application date. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Bruce Franklin, President, Land Resource Strategies, Inc., 149 Cocoanut Avenue (34236), came before the Commission, displayed a site plan on the overhead projector and stated that the parcel is less than one-half acre in size; that the site measures approximately 70 by 180 feet and is located on the east side of Osprey Avenue, behind the South Side Village Shopping Center; that the south boundary is Hyde Park Street, the west and north boundaries are alleyways, and the east boundary is a parking lot which accommodates several businesses in the area; that the application is to rezone the property to the Commercial, Neighborhood (CN) Zone District due to the small size of the parcel with two alleyways as boundaries; that no specific use for the site has been established; that the Applicant proffered to exclude a number of uses; that the Planning Board/Local Planning Agency (PBLP) recommended a limitation on the hours of operation if the site is used as a parking lot; that the recommendation was accepted by the Applicant; however, subsequently the Applicant discovered only 14 parking spaces could be placed on the site; that the Applicant requests relief from the limitation on the hours of operation; that people are parking on the lot and litter is accumulating; that the probable short-term use will be a parking lot; that the hours of operations should not be an issue as the site is only for 14 parking spaces; that another parking lot in the area would assist in alleviating the parking problems which were raised by neighbors. Mayor Cardamone asked if the Applicant is requesting the Commission remove the proffer for the hours of operation? Mr. Franklin stated yes; that several discussions have taken place concerning creating an overlay district for the South Side Village Shopping Center to address problems with parking, setbacks, signage control, and newspaper racks; that the Applicant still wishes to pursue an overlay district; that potential expansion within an overlay district includes a pedestrian-access way. Eddie Morton, Applicant, came before the Commission and stated that the old building on the site was demolished; that trash has been removed from the site; however, people are using the parcel for unauthorized parking; that a vehicle could get stuck in the soft sand which could create problems; that a solution would be to create a parking lot; that the costs to construct a parking lot are under investigation. BOOK 46 Page 18440 07/06/99 6:00 P.M. BOOK 46 Page 18441 07/06/99 6:00 P.M. Mayor Cardamone requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that Staff is hearing for the first time the Applicant's desire to have the limitation on the hours of operations removed from the proposed project; that concern from the inception of the proposed project was two single-family homes located directly south of the parcel, one with an apparent bedroom which has a direct view of the parcel; that other parking lots in the area accommodate professional clientele and have normal daytime office hours of operation; that the result is the existing parking lots are often quiet and vacant; that the Applicant's agent voiced a concern regarding the agreement to the limitation on the hours of operation as a follow up to the June 2, 1999, PBLP meeting; that Staff responded by holding a meeting at the site with a police officer from the Sarasota Police Department, who provided valuable input to Staff and indicated the number one time for noise complaints is after midnight; that Staff would have requested the police officer be present if notified by the Applicant of the intent to seek relief from the limitation on the hours of operation proffered; that off-street parking and parking lots exist in the area and are utilized by professional offices and residential homes; however, the uses may change; that current parking lot patrons have normal daytime hours of operation; that a use could change at anytime and become any type of business such as a bar; that Staff believes a potential problem exists without any stipulation on hours of operation; that a stipulation of hours of operation is not typical; however, Staff believes the proposed project warrants such a limitation due to the unspecified nature of the ultimate use; that the concern is the compatibility of 14 parking spaces with the surrounding uses; that the limitation on the hours of operation which is to midnight on week nights and 1 a.m. weekends is reasonable; that the recommendation for the limitation is based upon the location of residential homes. City Attorney Taylor stated that the position taken by the Applicant places the Commission in a much different posture regarding proposed Ordinance No. 99-4148, which would not have come before the Commission in the current form if the limitation on the hours of operation had not been proffered; that a proffer was made; that the Commission cannot unilaterally authorize the removal of a proffer; that the Commission may vote to deny approval of proposed Ordinance No. 99-4148; that alternatively, the Commission could seek a continuance and request expert witness come before the Commission to discuss the issue; that proposed Ordinance No. 99-4148 only comes to the Commission based on the recommendation of the PBLP with the hours of operation as proffered by the Applicant. Mayor Cardamone stated that no one has filed for status as an Affected Person; therefore, other interested persons are requested to come forward. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Cardamone requested that the Applicant and the City come forward for rebuttal. Mr. Morton stated that the time limitation on the hours of operation was recommended by the PBLP and will be accepted if the hours of operation present a problem. City Attorney Taylor asked if the applicant is reinstating the proffer? Mr. Morton stated yes. Mr. Franklin stated that lack of understanding concerning the formalities for removal of a proffer was the basis for the request. City Attorney Taylor stated that the Commission requires competent and substantial evidence on which to act; that lacking such, the City would have to request experts come before the Commission. Mr. Franklin stated that the limitation on the hours of operation can be accepted; that an apology is due Ms. Murphy; that the Applicant did communicate another review of the limitation on the hours of operation was planned; that once decided, the conclusion was not communicated to Ms. Murphy. Mayor Cardamone stated that the Applicant may have complicated the issue. Mr. Morton stated that approval is requested of proposed Ordinance No. 99-4148 as presented. Mayor Cardamone stated that from a neighbor's perspective, no Affected Persons and no other interested persons are present, possibly due to the proffer limiting the hours of operation for the parking lot; that the Applicant is now before the Commission; however, no one is present from the neighborhood to speak for or against proposed Ordinance No. 99-4148; that the Applicant now wishes to change the agreement, which is not right or fair. Mr. Morton stated that an apology is due the Commission; that the limitation on the hours of operation was not presented until the June 2, 1999, PBLP meeting. BOOK 46 Page 18442 07/06/99 6:00 P.M. BOOK 46 Page 18443 07/06/99 6:00 P.M. Mayor Cardamone stated that the apology is accepted; that approving the requested change would have been upsetting on behalf of the neighbors; that the name of a resident who had a noise complaint was previously provided to the Applicant; and asked if the resident has contacted to satisfy the complaint? Mr. Morton stated that the construction company was unaware work may not commence before 9 a.m. Mayor Cardamone stated that the bar noise is also part of the resident's serious complaint. Mr. Morton stated that an effort is being made to improve the appearance of the area. Mayor Cardamone stated that the effort is appreciated; that the long-range plan will probably include a request to vacate the alley; that the intent is to create a major walk-through situation. Mr. Morton stated that is correct. Mayor Cardamone stated that a request for a 14-car parking lot on such a narrow lot is unusual; that a 60-foot lot would not provide many parking spaces. Commissioner Quillin asked the manner in which proffers are recorded? City Auditor and Clerk Robinson stated that the proffer will be recorded in the public record. Commissioner Quillin asked if the proffer will be recorded with the Clerk of the Circuit Court. City Auditor and Clerk Robinson stated yes. City Attorney Taylor stated that the reason is to allow anyone who may purchase the property the ability to know of the limitation. Mayor Cardamone read into the record allowable uses as follows: antique store, apparel/clothing store, bakery retail, barber/beauty shop, clinical/medical, copying/Guplicating shop, dry cleaners/laundry mat, electronic sales, florist/plant gift shop, furniture sales, hardware store, interior design, jewelry store, locksmith, music store, newspaper store, office/business professional, parking lot, pet grooming, pet store, photographic store, printing shops, shoe repair, shoe store sales, sporting good retail, stationary store, tailor/dress maker, thrift shop, tobacco store, travel agent, variety retail, variety sundry or candy store, and video/movie store. Mayor Cardamone requested Commissioner supplemental remarks, if any. Hearing no Commissioner supplemental remarks, Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4148 by title only. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 99-4148 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes, Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes. 25. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4149, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 540 SOUTH OSPREY AVENUE HISTORICALLY KNOWN AS THE MEYER HOUSE, ETC. (TITLE ONLY) (APPLICATION NO. 99-HD-10, APPLICANT MIKKI HARTIG AS AGENT FOR PETER AND MELISSA De LISSER) = PASSED ON FIRST READING (AGENDA ITEM IV-B-4) #3 (2855) through (3185) Mayor Cardamone stated the Application No. 99-HD-10 is for historic designation of a structure located at 540 Osprey Avenue historically known as the Meyer House; that the Applicant is Mikki Hartig, as agent for Peter and Melissa de Lisser, owners. City Attorney Taylor stated that no one has filed for certification as an Affected Person; that the recommendation is to allow 5 minutes for the Applicant's presentation and 3 minutes for rebuttal; that the City will have 5 minutes for presentation; that other interested persons will have 3 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the City Attorney's recommendation for speaker time limits. Mayor Cardamone requested that Commissioner ex parte communications, if any, be disclosed. Mayor Cardamone, Vice Mayor Pillot, and Commissioners Hogle, Mason, and Quillin stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Mikki Hartig, Historical and Architectural Research Services, came before the Commission, gave a slide presentation of BOOK 46 Page 18444 07/06/99 6:00 P.M. BOOK 46 Page 18445 07/06/99 6:00 P.M. photographs of the property and stated that a request is made to correct the name of the home to the Frederick H. and Margaret Meyer House. Mayor Cardamone stated that the consensus of the Commission is to approve the name of the home as the Frederick H. and Margaret Meyer House. Ms. Hartig continued that the house was built between 1914 to 1915 on 2.5 lots on Osprey Avenue with Cherry Lane to the north and Oak Street to the south; that the property is a frame, vernacular-style structure as characterized by simple wood siding, a central gable-roof dormer, paired 6 by 6 windows on the front, a raised pier foundation, a full length front porch, and is supported by tapered wood columns which are incorporated under the main roof; that the house has the original pressed metal shingles; that some windows were replaced in the original openings in 1990; that a service porch at the rear of the house was enclosed in 1992; that the structure is unusual as it predates most of the other homes presented to the Commission for historic designation; that the house is a well preserved example of a framed, vernacular-style structure with some characteristics of a national folk house; that the structure is significant as an example of a minimally altered house and displays original visible characteristic of the period; that the Historic Preservation Board at the May 11, 1999, Regular meeting unanimously recommended approval; that the methods of construction qualify the structure under Section IV-806 (A) (1) and (4), Zoning Code (1998), as follows: 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota county, the State of Florida, or the United States of America; and 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. Ms. Hartig stated that the original owners were Mr. and Mrs. Meyer; that Mr. Meyer was tailor with a shop on Main Street; that the couple owned the property from 1914 until 1922. Mayor Cardamone requested that Staff come forward for the City's presentation. Lorrie Muldowney, Historical Research Specialist, Sarasota County Department of Historical Resources, came before the Commission and stated that Staff concurs with information presented by the Applicant to the Commission; that the house is historically significant; that the building is an early example of a wood-framed, vernacular-style structure; that the historical resource as described processes integrity of location, design, setting, material, workmanship, and association with the history of the City; that the house meets the criteria as contained in Section IV-806 (A) (1) and (4), Zoning Code (1998); that the house has the characteristics of a framed, vernacular-style structure as characterized by the simple wood siding, a raised pier foundation, and a full length front porch; that Staff recommends approval. Mayor Cardamone stated that no one has filed for certification as an Affected Person; therefore, other interested persons are requested to come forward. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Cardamone requested that the Applicant and the City come forward for rebuttal. City Auditor and Clerk Robinson stated neither the Applicant nor the City has any rebuttal. Mayor Cardamone requested Commissioner supplemental remarks, if any. Hearing no Commissioner supplemental remarks, Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4149 by title only. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4149 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. 26. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4150, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1970 MAIN STREET HISTORICALLY KNOWN AS THE CRISP BUILDING, ETC. (TITLE ONLY) (APPLICATION NO. 99-HD-09, APPLICANT MIKKI HARTIG AS AGENT FOR KAUFFMAN FAMILY PARTNERSHIP) = PASSED ON FIRST READING (AGENDA ITEM IV-B-5) #3 (3185) through (3510) Mayor Cardamone stated that Application No. 99-HD-09 is for historic designation of structure located at 1970 Main Street historically known as the Crisp Building; that the Applicant is Mikki Hartig as agent for the Kauffman Family Partnership, owners. BOOK 46 Page 18446 07/06/99 6:00 P.M. BOOK 46 Page 18447 07/06/99 6:00 P.M. City Attorney Taylor stated that no one has filed for certification as an Affected Person for proposed Ordinance No. 99-4150; that the recommendation is to allow 5 minutes for the Applicant's presentation and 3 minutes for rebuttal; that the City will have 5 minutes for presentation; other interested persons will have 3 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the City Attorney's recommendation for speaker time limits. Mayor Cardamone requested that Commissioner ex parte communications, if any, be disclosed. Mayor Cardamone, Vice Mayor Pillot, and Commissioners Hogle, Mason, and Quillin stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Mikki Hartig, Historical and Architectural Research Services, came before the Commission, and gave a slide presentation of photographs of the property and stated that the Crisp Building is located 1970 Main Street; that the structure is a five-story, masonry commercial building designed in the Mediterranean-Revival style completed in 1926; that the Historic Preservation Board at the May 11, 1999, Regular meeting unanimously recommended approval based on Section IV-806 (A) (1), (3), and (4), Zoning Code (1998) as follows: 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota County, the State of Florida, or the United States of America; and 3. Is associated with the life of a person who has played a significant role in our local, state or national history; and 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. Ms. Hartig stated that that the property exemplifies the board economic and social history of the City by its representation of the eastward expansion of the downtown area in the mid-1920s, is associated with the life of Thomas Crisp, a person who played a prominent role in the development of Sarasota as a developer and builder from 1925 until the mid-1940s, and embodies the distinctive visible characteristics of a Mediterranean Revival style commercial building from the Sarasota Land Boom. Mayor Cardamone requested that Staff come forward for the City's presentation. Lorrie Muldowney, Historical Research Specialist, Sarasota County Department of Historical Resources, came before the Commission and stated that Staff concurs with the information presented by the Applicant to the Commission; that the structure is historically significant; that Staff has determined the historical resource as described in the application processes integrity of location, design, setting, material, workmanship, and association; that the house meets the criteria as contained in Section IV-806 (A) criteria (1), (3) and (4), Zoning Code (1998). Mayor Cardamone stated that no one has qualified for status as an Affected Person; therefore, other interested persons are requested to come forward. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Cardamone requested that the Applicant and the City come forward for rebuttal. City Auditor and Clerk Robinson stated that neither the Applicant nor the City has any rebuttal. Mayor Cardamone requested Commissioner supplemental remarks, if any. Hearing no Commissioner supplemental remarks, Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4150 by title only. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4150 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes. 27. PRESENTATION RE: S.T.A.R.T. - SOLUTIONS TO AVOID RED TIDE - ADMINISTRATION WILL REPORT CONCERNING THE REQUEST FOR FINANCIAL ASSISTANCE (AGENDA ITEM V) #3 (3510) through #4 (0279) Jeremy Whatmough, President of Solutions to Avoid Red Tide (S.T.A.R.T.), came before the Commission, distributed a brochure concerning the background of S.T.A.R.T., a description of red tide and the resulting health effects and hazards, and stated that the presentation will include responses to the following: BOOK 46 Page 18448 07/06/99 6:00 P.M. BOOK 46 Page 18449 07/06/99 6:00 P.M. Who are we? What have we done? What are we doing? Why are we here? How can you help? Mr. Whatmough stated that S.T.A.R.T. is a grassroots, non-profit, citizen organization begun by Major General Jim Patterson, US Army Retired, which received articles of incorporation on July 5, 1996, and is dedicated to funding and promoting efforts for the prevention, control, and mitigation of red tide in an environmentally safe manner; that few efforts were being undertaken prior to the formation of S.T.A.R.T.; that following are some actions taken by S.T.A.R.T.: Conducted a symposium/orkshop concerning the status of red tide research Was instrumental in the initiative of the Florida Department of Environmental Protection (FDEP) in establishing a Harmful Algae Bloom Task Force in the Fall 1997, was an original member and continues as a contributing member Obtained $1 million in funding from the State Legislature in 1998 for the Task Force and participated in the allocation Received funding for and awarded a $67,000 pilot contract in 1998/99 to National Response Corporation for the removal of fish which had died in the Gulf of Mexico from the red tide at Rattlesnake Point, Tampa, Florida Supported the use of clay to control the bloom in an environmentally safe manner Arranged for the attendance of two of the world's leading red tide scientists and experts at the November 1998 Annual S.T.A.R.T. meeting Played a major role in obtaining $3 million in State funding for harmful algae bloom (HAB) research during the 1998/99 Legislative session, distributed as follows: $1 million to Mote Marine Laboratories, Inc., $1 million to the Florida Marine Research Institute, and $1 million to the Task Force Assisted with a recent economic workshop to determine methods to calculate the cost and economic impact of red tide Mr. Whatmough stated that the equipment utilized in the pilot program to remove dead fish from the Gulf of Mexico can be activated as far north as Tarpon Springs and as far south as Venice, Florida; that the Task Force was established by FDEP under the auspices of the Florida Marine Institute and the Florida Department of Health; that S.T.A.R.T.'s continuing activities include: Being a catalyst to bring together experts to develop safe solutions Working on methods to dispose of fish kill by means other than land fills = Continuing as an active member of the Task Force - Continuing to seek funding sO research can continue Encouraging new developments in all areas of red tide including prevention, control, and mitigation Acting proactively in boom technology as a means to mitigate the dead fish impact on beaches Experimenting proactively with clay as a possible environmentally safe control method - Working to be better prepared for the next red tide event - Continuing to maintain interest in the absence of red tide Working with the Florida Marine Research Institute, Mote Marine Laboratories, Inc., and Woods Hole Oceanographic Institute Seeking funding to determine the origins of red tide, i.e., the initiation zones, nutrient linkage, biological control, and political/environmental activities Mr. Whatmough stated that S.T.A.R.T. approached the Commission as the area between Tarpon Springs and Sanibel, Florida, is most affected by the most frequent, severe, and longest red tide strikes; that means to reduce the significant economic impact through the use of clay, fish removal, early detection, or other as-yet-determined methods are being sought; that the help and support of the Commission is requested; and referred to his May 14, 1999, letter to Mayor Cardamone indicating the Commission can assist by: Listening to S.T.A.R.T. 's message Appointing a Commissioner to attend S.T.A.R.T.'s six meetings per year Contributing financially to S.T.A.R.T. Mr. Whatmough stated that S.T.A.R.T. appreciates the opportunity to address the Commission; that S.T.A.R.T. has no paid staff and only modest expenses; that S.T.A.R.T. has brought direction and focus to the effort of controlling red tide; that a financial investment in S.T.A.R.T. would be an investment in the area's economic future. Mayor Cardamone stated that Commissioner Hogle has been requested and has agreed to represent the City on S.T.A.R.T. BOOK 46 Page 18450 07/06/99 6:00 P.M. BOOK 46 Page 18451 07/06/99 6:00 P.M. Mr. Whatmough stated that notices will be sent to the City's representative; that the City's input will be appreciated. Vice Mayor Pillot stated that the request for financial support could be referred to the Administration for a recommendation. Commissioner Quillin and Mayor Cardamone agreed. Commissioner Mason referred to the May 14, 1999, letter as follows: sO we can continue our work to reduce this hazard in your community. We don't have to tell you how it affects the health of your people and the economy. Commissioner Mason stated that the community belongs to everyone; that the word "our" would be more appropriate than "your. n Mr. What tmough agreed; and asked the next step concerning possible financial support? Mayor Cardamone stated that the Administration will report to the Commission and then contact S.T.A.R.T. 28. CITIZENS - INPUT CONCERNING CITY TOPICS AGREED 1) TO SUPPORT THE REQUEST OF THE PROPOSER OF THE RINGLING PARK DEVELOPMENT FOR TWO MEETINGS WITH CITY STAFF WITH AN ESTIMATED TIME OF TWO TO THREE HOURS PER MEETING TO REVIEW DETAILS OF THE DEVELOPMENT PROPOSAL WITH THE UNDERSTANDING THAT THE MEETINGS WITH THE FINANCE DEPARTMENT WILL NOT BE SCHEDULED UNTIL AFTER THE COMMISSION BUDGET WORKSHOPS, 2) FOR THE ADMINISTRATION TO OUTLINE SUBSEQUENTLY THE APPROPRIATE NEXT STEP, AND 3) PROCEED WITH THE CRA MEETING, AS APPROPRIATE (AGENDA ITEM VI) #4 (0279) through (0678) The following person came before the Commission: Brenda Patten, Esquire, 720 South Orange Avenue (34236), Kirk- Pinkerton, Representing Ringling Park, Development Inc., referred to her letter dated July 2, 1999, hand delivered to the City Commission regarding a request for a meeting between the Commission and representatives of Dr. Murray Klauber, proposer of the Ringling Park Development, for a discussion of the proposed project; that authorization is requested for the proposer to meet with City Staff and the Community Redevelopment Agency (CRA) regarding the proposed development. Vice Mayor Pillot asked for clarification of the action requested. Attorney Patten stated that the request for a meeting between City Staff and representatives of Dr. Klauber is due to the Administration's reluctance to proceed in the absence of Commission approval; that the purpose of the meeting is to discuss the Ringling Park Development project; that the request is also for authorization for the City Auditor and Clerk to schedule a CRA meeting for the proposer to present the proposed development. Vice Mayor Pillot stated that the usefulness of City Staff's meeting with the proposer was discussed with the City Manager; that the proposal should come before the Commission regardless of action taken regarding the proposed development; that the request should not be ignored; that the City Manager was correct in not granting the requested two to three hours necessary for the presentation to the Commission in the absence of Commission approval; however, the Commission has a responsibility to listen to information due to the size of the proposed development and extent of public interest. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to support the developer's meeting with City Staff to review details of the Ringling Park Development proposal, for the City Manager to outline subsequently the appropriate next step, and to proceed with the CRA meeting, as appropriate. Commissioner Hogle asked if a specific number of hours is requested of City Staff? Attorney Patten stated that the presentation will take approximately two to three hours with City Finance Staff and with Planning and Engineering Staff. Deputy City Manager Schneider stated that two conditions should be considered: 1) a more concrete funding plan should be made available to the Director of Finance prior to a meeting as the information has not been made available to date, and 2) the meeting with the Finance Department should not be held until after July 22, 1999, at which time the Commission budget workshops will be completed. Attorney Patten stated that providing information concerning the funding plan prior to a meeting which are necessary to gather information from the City to develop the funding plan is not possible; that the issues will be discussed with the Finance Staff and Stephen Mitchell, law firm of Annis, Mitchell, Cockey, Edwards & Roehn, P.A.; that additional information from the City is necessary to prepare the funding plan for the project. Deputy City Manager Schneider stated that the concern is City Staff will be expected to help develop the funding plan; that acquiring the information prior to the meeting is important sO BOOK 46 Page 18452 07/06/99 6:00 P.M. BOOK 46 Page 18453 07/06/99 6:00 P.M. City Staff is provided an opportunity to react to the information. Attorney Patten stated that much apprehension and reluctance to deal with the proposal exists due to many misconceptions; that City Staff will not be requested to prepare a funding plan, which will be prepared by the proposer's staff; that information is required to develop the funding plan. Mayor Cardamone stated that Commissioner Hogle may not have been a member of the Commission at the time of the first request for a CRA presentation; that the Commission did not wish to listen to the presentation at that time as the presentation was out of the ordinary; that the Commission requested the proposer meet with community groups to present the proposed development; that 13 meetings have been held at the Commission's request; that the Commission indicated at the time of the first request the proposed development would not be discussed until the proposer owned the property; that the proposer apparently has 53 percent, or 38 lots, of the Phase I project property north of Fruitville Road; that the City owns 20 lots; that 14 lots are under discussion or the owners have not been contacted; that everything has been done as requested; that the Commission should favorably consider the request for meeting with City Staff and a presentation to the CRA. Vice Mayor Pillot stated that the request for a meeting with City Staff prior to development of a funding plan is understood; however, the Administration's recommendation for City Staff not to meet until after the Commission's budget workshop is supported. Vice Mayor Pillot, as the maker of the motion, with the approval of Commissioner Hogle, as the seconder, amended the motion to include the condition that City Staff meet with the developers twice for an estimated time of two to three hours per meeting with the understanding that the meetings with the Finance Department will not be scheduled until after the Commission budget workshops. Commissioner Quillin stated that much of the information, i.e., TIF dollars, impact fees, etc., could be obtained by a letter to the Finance Department to expedite the request; and referred to the attachment to the July 2, 1999, letter entitled Status of Ownership or Agency Regarding Property Within Ringling Park Development Site as follows: Status No. of Lots Percentage City of Sarasota Owned 61 33.0 Owner Consent Given 38 20.5 Developer Option to Buy 11 5.9 Transfer from Wynnton 14 7.6 No Contract or Written Consent 61 33.0 185 100.0 Commissioner Quillin stated that the proposer does not have control of 66 percent of the property; that 33 percent is City- owned; that no contract or written commitment has been obtained on 33 percent of the property; that the proposed site is in the Tax Increment Financing (TIF) District; that eminent domain to obtain the property in the future will not be supported. Mayor Cardamone agreed with the figures in relationship to the total project site; but stated that the presumption was Phase I of the project will be presented to the CRA and Staff. Attorney Patten stated that information applying to the entire site will be requested; that development of Phase I will likely be proposed at this time; that Phase II will be developed in the future. Commissioner Hogle stated that the Commission meeting at which the opportunity for the proposers of the Ringling Park Development to make a presentation to the CRA was attended; that the presentation was not given at that time; however, comments were made and all stipulations have been met; that the request is reasonable based on the number of hours requested. Mayor Cardamone restated and called for a vote on the motion as amended: 1) to support the proposer's request for two meetings with City Staff with an estimated time of two to three hours per meeting to review details of the Ringling Park Development proposal with the understanding that the meetings with the Finance Department will not be scheduled until after the Commission budget workshops, 2) for the Administration to outline subsequently the appropriate next step, and 3) to proceed with the CRA meeting, as appropriate. Motion carried unanimously: (5 to 0) Hogle, yes; Mason, yes, Pillot, yes; Quillin, yes; Cardamone, yes. There was no one else signed up to speak. 29. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE CITY MANAGER TO SEND A RESPONSE LETTER TO SARASOTA COUNTY ADMINISTRATOR LEY CONCERNING LOCATION FOR SCAT INTERMODAL TRANSFER STATION - APPROVED (AGENDA ITEM VII-2) #4 (0678) through (0785) Deputy City Manager Schneider stated that James Ley, County Administrator, advised in a letter dated March 22, 1999, negotiations to acquire the House of Golf property at 1515 Fruitville Road for the Sarasota County Area Transit (SCAT) Intermodal Transfer Station were unsuccessful; that the owners are unwilling to accept less than $1,545,000 for the property, BOOK 46 Page 18454 07/06/99 6:00 P.M. BOOK 46 Page 18455 07/06/99 6:00 P.M. which is $500,000 more than the appraised value established by the County's two independent appraisers; that the amount also limits the Florida Department of Transportation (FDOT) funding available to the County as FDOT will not approve land acquisition over $1.2 million or more than 10 percent of the appraised value; that the County will consider other sites and would welcome financial participation from the City. Deputy City Manager Schneider referred to the July 7, 1999, draft response letter from the City Manager to the County Administrator and stated that authorization is requested to send the letter indicating alternative site considerations including vacant property at the southwest corner of Orange Avenue and Fruitville Road or the Sarasota County Fairgrounds. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve the response letter from the City Manager to the County Administrator. Commissioner Hogle stated that the response letter could also request the County identify additional options. Deputy City Manager Schneider stated that a request for the County to explore additional options can be added; however, the County's letter is probably the result of the County's having already explored all known options. Commissioner Quillin stated that the proposed SCAT Intermodal Transfer Station will be a County facility; that the County is seeking the City's cooperation in siting a transfer station; that the City should request SCAT add other transfer points in an effort to improve service; that the City should evaluate transfer points versus one location as a transfer station. Mayor Cardamone agreed; and stated that the topic of additional transfer points was included in original discussions with the County; that the request for additional transier points should be included in the response letter to the County. Mayor Cardamone called for a vote on the motion to approve the response letter from the City Manager to the County Administrator including the request for additional transier points. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 30. UNFINISHED BUSINESS: DISCUSSION RE: PROPOSED LEASE OF CITY-OWNED PROPERTY ON THE NORTHWEST CORNER OF SEVENTH STREET AND COHEN WAY IN THE ROSEMARY DISTRICT = APPROVED (AGENDA VII-3) #4 (0785) through (1682) Gregory Horwedel, Director of Neighborhoods and Redevelopment, came before the Commission and stated that David Christner, existing owner of the Leonard Reid House, and Martie Parker, who proposed a lease arrangement with the City for a City-owned lot adjacent to the proposed location to which the Leonard Reid House will be moved, are present to answer any specific questions; that the Commission authorized financial assistance for relocation, preservation, and historical designation of the Leonard Reid House for $1,000 per year of a negotiated lease term up to ten years; that the house is currently located on the southwest corner of Sixth Street and Cocoanut Avenue. in the Rosemary District; that Donald Wallace, contract owner of the house, has signed a conditional bill of sale for the Leonard Reid House and wishes to relocate the house to a personally owned vacant lot at 1435 Seventh Street; that the proposal is to lease the house to Ms. Parker for use as a day care facility after completion of required renovations. Mr. Horwedel continued that a play area for the day care center is necessary; that the request is to lease the adjacent City-owned lot on the northwest corner of Seventh Street and Cohen Way for a play area and parking for the day care facility; that the lot has been appraised by Sewell, Valentich & Tillis for $20,000; that a normal market rate of return on investment would yield 10 percent per annum, or $2,000 annually or $167 per month in gross rent for use of the City-owned lot; and referred to a document entitled The Financial Management Plan, Martie's Day Nursery, indicating the financial ability to pay the City $60 per month. Mr. Horwedel further stated that based on the site plan submitted approximately six variances will be required: minimum land area, lot width, front/side yard setback, parking in front yard, play area on site, and parking; that the variances required from the Board of Adjustment should be resolved before any work is begun. Commissioner Quillin asked if variances are required on the City- owned lot or the lot to which the house will be moved? Mr. Horwedel stated that variances are required on the lot to which the house is being moved as the lot does not meet the standards of the Zoning Code (1998). Commissioner Quillin asked the zoning of the lots. Mr. Horwedel stated the lots are located in the Residential Multi-Family (RMF)-3 Zone District. Mayor Cardamone asked if the request is for a playground and parking lot on the City owned lot? Mr. Horwedel stated yes; that no variances are required for the City-owned lot. BOOK 46 Page 18456 07/06/99 6:00 P.M. BOOK 46 Page 18457 07/06/99 6:00 P.M. Mayor Cardamone asked if parking is allowed on the City-owned lot? Timothy Litchet, Director, Building, Zoning and Code Enforcement, came before the Commission and stated that parking is permitted if the lot is used in connection with a day care facility; that an off-site parking agreement will be required; that conditional use approval for a day care facility is also required. Vice Mayor Pillot asked if the issue pending is Commission approval of the requested $60 per month lease assuming all conditions for use of the property are met? Mr. Horwedel and Mr. Litchet stated that is correct. Mayor Cardamone asked the number of children who will attend the day care facility and the weekly charge per child? Mr. Horwedel stated that a total of 30 children is anticipated; however, the cost per child is unknown. Jencie Davis, 1420 5th Street (34236), came before the Commission and stated that the day care facility is supported; that the facility is necessary to care for neighborhood children; that the day care facility formerly located at Fourth Street and Kumquat Court has closed leaving no other facility in the neighborhood; that a number of children requiring day care are transported by bus each afternoon; that having the day care facility in the area would be productive. Mikki Hartig, Historical and Architectural Research Services, 3708 Flores Avenue (34234), came before the Commission, distributed a document entitled Conditional Bill of Sale and Indemnity Agreement transferring ownership of the Leonard Reid House conditional upon moving the house, and stated that the agreement was signed on July 1, 1999, by the owner transferring ownership of the house subject to the new contract owner's moving the house; that an application has been filed for historic designation of the Leonard Reid House which should be decided before September 1999; that the owner's tenant painted the house before the agreement was reached; that the locks have been changed, the building has been secured, and the lot is being maintained; that an application has been filed for a moving permit; that an application for site plan approval which includes the variances has also been filed; that an application has been filed for the variances required from the Board of Adjustment; that a 6-foot fence which previously raised concern will not be built; that the landscape buffer will not. be deleted; that a variance from the minimum lot size for a day care center is necessary as the City-owned lot cannot be in the total lot size included; that the house will be moved in August 1999 to 1435 Seventh Street; that the day care center will be named "The Leonard Reid Learning Academy"; that the new owner is committed to saving the property. Martie Parker, 1275 42nd Street (34234), came before the Commission and stated that her occupation is a sub-contractor for the Sarasota Family Young Men's Christian Association, Inc. (YMCA) as a child care provider at home; that inquiries have been received from the YMÇA and parents questioning the opening date of the day care facility; that the YMCA has advised of homeless children in the area requiring child care; that the YMCA will help in any way possible; that a curriculum will be developed at the day care facility to assure meeting the YMCA requirements and State regulations; that the facility will handle about 30 infant and after school care students; that the house has been analyzed for use as a day care facility; that after completion of renovations, another analysis will be conducted to determine the number of children which can be cared for at the facility; that as a YMCA subcontractor and part of a subsidized program, payment is determined by the age of the child and family financial circumstances; that a complete cost cannot be specified at this time. Mayor Cardamone asked if publicly subsidized or private funds are received for each child? Ms. Parker stated that the method of payment cannot be determined until establishment of the facility; that both publicly subsidized and private funds are received for children currently cared for at home. On motion of Commissioner Mason and second of Vice Mayor Pillot, it was moved to approve the request to lease the City-owned lot for $60 per month, contingent upon the use being associated with the day care facility. Mayor Cardamone asked the term of the lease? Mr. Horwedel stated that the proposed lease is for ten years. Commissioner Mason stated that child care is necessary in the area; that another facility exists across Orange Avenue but is out of the Rosemary District neighborhood. Mayor Cardamone stated that a five-year lease with a five-year renewal option may be more favorable to the lessee rather than committing to ten years of payments to the City. Commissioner Mason and Vice Mayor Pillot agreed. BOOK 46 Page 18458 07/06/99 6:00 P.M. BOOK 46 Page 18459 07/06/99 6:00 P.M. City Attorney Taylor stated the five-year lease with a five-year renewal option is contingent upon the land being utilized as a day care facility meeting all City requirements. Commissioner Quillin stated that the property is listed on the tax rolls at a value of $8,325 compared to $7,492 the prior year; that daycare is desperately required in the neighborhood; that one of the most important considerations for a working parent is assurance of proper child care. On motion of Commissioner Quillin and second of Vice Mayor Pillot, it was moved to amend the motion to invest the $60 in property improvements in lieu of lease payments. Commissioner Quillin stated that reinvesting the funds will improve the attractiveness of the neighborhood; that $60 should not be taken out of the neighborhood but should be reinvested in a manner beneficial to. the children and parents; that some funds can be invested into fencing, landscaping, etc., to stimulate redevelopment in the area. Mayor Cardamone stated that the property must be maintained to meet criteria for operating a day care facility; that City Staff will enforce the City's Zoning Code (1998) if violations occur. Vice Mayor Pillot stated that property should be leased to Ms. Parker for $1 monthly and asked if an exchange of at least $1 is necessary for legal purposes? City Attorney Taylor stated that some exchange is necessary. Mayor Cardamone stated that a lease for $1 annually with a renewal option is preferred. Commission Quillin stated that Ms. Parker should have first right of refusal if the City sells the property. City Auditor and Clerk Robinson stated that the time is 11:30 p.m.i that a motion is required to continue the meeting beyond 11:30 p.m. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to continue the meeting beyond 11:30 p.m. to consider the remaining Agenda Items with the exception of Agenda Item VII-5, Special City Attorney's Report. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone stated that a lease agreement, i.e., a legal document, is being considered; that a preferable course of action may be to withdraw all pending motions and begin again, if the Commission desires; that hearing the Commission's agreement, the consensus of the Commission is to withdraw all pending motions. On motion of Commissioner Mason and second of Vice Mayor Pillot, it was moved to lease the property to Ms. Parker for $1 annually for five years with a second five-year renewal option. Commissioner Hogle stated that City financial assistance associated with moving the Leonard Reid house was not previously supported and would still not be supported even after the building was painted as the structure is in very poor condition; that the structure has multiple electrical boxes and probably no fire alarms; however, the motion will be supported in the hope the structure can be repaired. Commissioner Quillin asked if the intent of the motion is to include a first right of refusal if the property is sold? Mayor Cardamone stated that a first right of refusal may not be appropriate in a lease. City Attorney Taylor stated that the property will be encumbered with the five-year lease and the five-year renewal option if approved; that the property can be sold; however, the buyer would purchase the property subject to the five-year lease with the five-year renewal option. Mayor Cardamone restated the motion as to lease the City-owned property to Ms. Parker for the five years with a five-year renewal option. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 31. UNFINISHED BUSINESS: APPROVAL RE: NEWTOWN STOREFRONT PROGRAM POSTPONED UNTIL THE JULY 19, 1999, REGULAR COMMISSION MEETING (AGENDA VII-4) # 4 (1682) through (1722) Commissioner Mason stated that Donald Hadsell, Director of Housing and Community Development, is present; however, representatives from Greater Newtown Redevelopment Corporation are not present; therefore, the discussion on Agenda Item VII-4 should be postponed until the next meeting. Vice Mayor Pillot agreed. Mayor Cardamone stated that hearing no objections, Agenda Item VII-4 will be postponed to the July 19, 1999, Regular Commission meeting. 32. NEW BUSINESS: DISCUSSION RE: REQUEST OF SARASOTA HOUSING AUTHORITY FOR THE CITY OF SARASOTA TO REFUND PAYMENT IN LIEU OF TAXES - APPROVED (AGENDA ITEM VIII-1) # 4 (1722) through (2645) BOOK 46 Page 18460 07/06/99 6:00 P.M. BOOK 46 Page 18461 07/06/99 6:00 P.M. Leon Campbell, Chairman, Board of Commissioners of the Sarasota Housing Authority (SHA), and Victoria Main, Executive Director, SHA, came before the Commission. Mr. Campbell referred to his June 3, 1999, letter on behalf of the SHA to Mayor Cardamone indicating the payment in lieu of taxes due the City from the SHA in the amount of $55,691.13 for the period through the end of fiscal year 1998/99; and stated that as a result of a decrease in Federal funding and thus in the operating budget, the SHA is requesting the City waive the payment in lieu of taxes; that SHA Commissioners Jacqueline Paulk, Dannie Frazier and Paul Thorpe are present in the audience to respond to questions, if desired. Ms. Main stated that required cuts in the SHA operating budget will focus on maintenance, employee incentives and equipment replacement. Vice Mayor Pillot asked the impact on the City's budget and the Administration's recommendation? Gibson Mitchell, Director of Finance, came before the Commission stated that non-payment of the SHA payment in lieu of taxes will have no impact on the budget as the City does not budget the payment in lieu of taxes; that payment has not been received for the years 1995 through 1999; and referred to the June 3, 1999, letter as follows: on May 19, 1999, the Board of Commissioners of the Housing Authority of the City of Sarasota (SHA) passed a resolution requesting that the City of Sarasota return the payment in lieu of taxes payment to SHA to be used for maintenance of its developments. Mr. Mitchell stated that the SHA's request is unclear as the payment in lieu of taxes has not been contributed since 1995. Mayor Cardamone asked if the intent is to request a forgiveness of the payment in lieu of taxes rather than a return? Mr. Campbell stated that is correct. Ms. Main stated for clarification that the amount of $55,691.13 represents the payment in lieu of taxes due for the period 1995 through March 31, 1999, as follows: SHA Fiscal Year Ending Amount March 31, 1999 $6,525.90 March 31, 1998 15,102.51 March 31, 1997 10,921.41 March 31, 1996 (and prior) 23,141.31 TOTAL $55,691.13 Commissioner Quillin stated that since 1994, the City has not benefited from the budgeted tax item in the SHA budget; and referred to Sarasota Housing Authority Operating Budget Revision #1 for the Fiscal Year (FY) Ending March 31, 2000, indicating a General Expense item as follows: Account Item Amount 4520 Payment in Lieu of Taxes $9,365.04 Commissioner Quillin stated that the payment in lieu of taxes is budgeted by the SHA and approved for FY 1999/2000 and referred to a revenue item as follows: Account Item Amount 3404 Other Government Grants CDBG Funding - Fence, Gazebo, Fence $200,000.00 Payment in lieu of taxes Forgiveness 56,490.00 CDBG Funding = Janie Poe Paint 100,000.00 CDBG Funding - Fire Alarm Panels 25,000.00 CDBG Funding - Community Kitchen 28,000.00 CDBG Funding Remove Cohen Way Walls 83,000.00 CDBG Funding - Bertha Roofs 100,000.00 TOTAL $592,400.00 Commissioner Quillin stated that the payment in lieu of taxes forgiveness is included in the SHA's FY 1999/2000 budget under Other Government Grants which also includes approved Community Development Block Grant (CDBG) funds; and asked if the payment in lieu of taxes has ever been torgiven? Mr. Mitchell stated yes; that in 1969 the City signed an agreement with SHA to apply all then-outstanding payment in lieu of taxes payments to an outstanding Federal loan. Mayor Cardamone stated that the relevance to the discussion concerning SHA's request is not understood. Commissioner Quillin stated that explaining a forgiveness of the payment in lieu of taxes, which has not been paid since 1994 sO the SHA can use the funds for maintenance may be difficult; that Community Development Block Grant (CDBG) funds are taxpayers funds and have been used to fund improvements and maintenance; that SHA has not participated in the community by contributing the payment in lieu of taxes; that an expense should not be budgeted if the intention is not to payi that additionally, $83,000 has been budgeted for removing the walls at the Cohen Way public housing complex. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to deny the SHA's request to Eorgive the outstanding payment in lieu of taxes of $55,691.13. BOOK 46 Page 18462 07/06/99 6:00 P.M. BOOK 46 Page 18463 07/06/99 6:00 P.M. Commissioner Hogle stated that if the motion on the floor fails, a motion will be made to excuse the payment in lieu of taxes to help offset the projected shortfall in operating funds in addition to other City initiatives in support of the SHA. Mayor Cardamone restated and called for a vote on the motion to deny the SHA's request to forgive the payment in lieu of taxes of $55,691.13. Motion failed (3 to 2): Hogle, no; Mason, yes; Pillot, no; Quillin, yes; Cardamone, no. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to grant the SHA's request to waive the payment in lieu of taxes to the City of $55,691.13. City Attorney Taylor stated that the payment in lieu of taxes is a contractual obligation approved some time ago; that an appropriate document should be executed by the SHA and City as a matter of public record to indicate the disposition of the payment in lieu of taxes; that the only question is if the waiver is for a specific purpose. Vice Mayor Pillot, as the seconder of the motion, with the approval of Commissioner Hogle, as the maker, amended the motion to make approval of the requested waiver of the payment in lieu of taxes subject to the development of appropriate language by the City Attorney to satisfy legal requirements with the intent as stated in the main motion. Commissioner Quillin referred to the minutes of the June 7, 1999, Regular Commission meeting regarding the 1999-2000 Action for the Proposed Uses of Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Funds as follows: On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to remove the walls at the Cohen Way public housing complex and assign the balance of the funds to the North Sarasota Neighborhood Improvement Program. Commissioner Quillin stated that any excess in the CDBG funds of $83,000 to remove the walls at the Cohen Way public housing complex were for use by North Sarasota Neighborhood Improvement Program; that the SHA indicated the entire $83,000 in CDBG funds in the SHA FY 1999/2000 budget in addition to the payment in lieu of taxes forgiveness; that over the last ten years, public housing stock has deteriorated in the City; that accountability, is necessary to explain the reasons funds are given and public housing stock is deteriorating; that SHA participation is necessary; that forgiveness cannot be given for funds budgeted but not paid. Mr. Mitchell stated that the issue was addressed in 1982/83 by the Administration and Commission; that at the time, the Commission directed the SHA to provide detailed accountability in advance detailing the expenditure of funds; that the agreement is between the City and the SHA; however, the manner in which the funds are divided is based on ratio of the millage between the County and City; that approximately 25 percent would go to the City and 75 percent to the County if the payment in lieu of taxes were paid; that the City Attorney ruled in 1983 or 1984 the County has no involvement in the decision as the agreement is between the City and SHA. Mayor Cardamone stated that the City has the ability to waive the County's share of the payment in lieu of taxes. Mr. Mitchell stated that is correct. Commissioner Mason stated that a comparable scenario for not contributing the payment in lieu of taxes is to reward a grandchild for bad behavior. Mayor Cardamone stated that the Commissioners' reactions are surprising as the payment in lieu of taxes has not been paid for years. Commissioner Mason stated that the issue is not personal. Commissioner Quillin stated that the discussion is not an attack but an effort to determine the expenditure of funds; that due to personal involvement with SHA for over ten years and living in the neighborhood, accountability is desired. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to call the question. Motion failed (3 to 2): Hogle, yes; Mason, yes; Pillot, no; Quillin, yes; Cardamone, no. City Auditor and Clerk Robinson stated that for the record, a motion to call the question requires a two-thirds vote; therefore, the motion fails. Vice Mayor Pillot stated that although the scenario of rewarding a grandchild for bad behavior is accurate, the correction of bad behavior should be recognized; that funds should be available to make improvements in public housing under the right conditions; that the $55,691.13 can at least make a small difference in improving conditions; that the funds should be made available to make improvements in the manner in which public housing residents live. Commissioner Mason stated that the Commission has agreed to disagree as the occasion necessitates. BOOK 46 Page 18464 07/06/99 6:00 P.M. BOOK 46 Page 18465 07/06/99 6:00 P.M. Commissioner Quillin stated that the payment in lieu of taxes is a paper transfer; that the SHA does not have the funds and will not use the payment in lieu of taxes for improvements. Mayor Cardamone stated that the SHA could return at a later date to discuss accounting procedures and budgeting so the Commission can have a better understanding of the SHA's finances. Mayor Cardamone restated the motion as amended as to approve the request of the SHA to waive the payment of lieu in taxes payment in lieu of taxes in the amount of $55,691.13 subject to the City Attorney's review of required legal documentation. Motion passed (3 to 2): Hogle, yes; Mason, no; Pillot, yes; Quillin, no; Cardamone, yes. 33. NEW BUSINESS: DISCUSSION RE : LEGISLATIVE ISSUES - IDENTIFIED PRIMARY AND SECONDARY LEGISLATIVE ISSUES FOR THE YEAR 2000 (AGENDA VIII-2) #4 (2645) through (3320) Deputy City Manager Schneider referred to the June 23, 1999, draft document entitled 2000 Legislative Issues indicating the Administration's list of legislative issues by Department for Commission consideration as follows: Public Works : Water supply regulations including competing water users protection of existing users; surface water permitting (reverse osmosis concentrate discharge); solid waste (disposal of street weeping/stormwater sediments); City Waterworks Building Police Department: Public employee privacy rights; clarification of exemption from Chapter 119, Florida Statutes, for law enforcement personnel; prohibition against broadcasting live tactical operations; amendment to Section 784.046 (injunctions), Florida Statutes, to exempt police officers while performing duties Neighborhoods and Redevelopment: Enterprise zones; business incubators Van Wezel Performing Arts Hall (VWPAH): Support for Division of Cultural Affairs programs ; cultural institutions program; exemption for the VWPAH from charging sales tax on ticket sales General Services: Acquisition of the Federal Building in downtown Housing and Community Development: Maximum value of housing for State Housing Initiatives Partnership (SHIP) Program Finance Department : State revenue sharing stabilization; repeal of fuel adjustment charge exemption; partial year tax assessments; tax on Internet access; telecommunications flat tax; traffic calming Deputy City Manager Schneider stated that the Commission may wish to add or delete issues. Mayor Cardamone stated that on Thursday, July 8, 1999, a legislative issue convocation is scheduled at the Pine View School from 8:30 a.m. to 12 noon; that the Commission is invited to participate with the other Cities in the County, the Sarasota Board of County Commissioners, the School Board of Sarasota County, and other elected bodies; that the June 23, 1999, draft of 2000 Legislative Issues prepared by Staff should be prioritized to include 10 to 12 important issues; that a secondary prioritization list could be developed; that Commissioners could identify high priority issues; that traffic calming, i.e., the placement of legalized traffic-control devices, and partial year tax assessments are important issues. Commissioner Mason stated that enterprise zones and business incubators are important issues. Vice Mayor Pillot stated that water supply regulations and amending Section 784.046 (injunctions), Florida Statutes, to exempt police officers while performing their duties are important issues. Commissioner Hogle stated that prohibiting the broadcasting of live tactical operations and the issues previously stated are important; that all mentioned issues are equally important. Commissioner Quillin stated that the understanding is breakout sessions will be conducted at the legislative issue convocation; that the draft list of issues should be followed. Mayor Cardamone stated that the Commission should go united as a City with a legislative agenda of top priorities; that other City issues not on the top priority list can be supported; and asked for other top priorities not already mentioned. Commissioner Quillin stated that the partial year tax assessment and the maximum value of housing for the SHIP Program are important issues. Mayor Cardamone stated that with the Commission's agreement, topics identified will be presented on a primary priority list and other topics on a secondary priority list; that time constraints prohibit presenting the issues in another way. BOOK 46 Page 18466 07/06/99 6:00 P.M. BOOK 46 Page 18467 07/06/99 6:00 P.M. Commissioner Quillin stated that a list should be compiled of the primary issues; that the complete draft list should be brought to the legislative issues convocation for discussion. Mayor Cardamone stated that a secondary priority list will refer to the remaining legislative issues. Vice Mayor Pillot stated that he will be out of town and unable to attend the July 8, 1999, legislative issue convocation. Gibson Mitchell, Director of Finance, came before the Commission and stated that State revenue sharing stabilization should also be addressed as the main component is the cigarette tax, which is a declining revenue source; that the State revenue sharing stabilization proposal will be of benefit to the City by ensuring funds are available in future years. Mayor Cardamone agreed. Mr. Mitchell stated that two years ago, the telecommunications lobby proposed a flat tax which failed; that the flat tax will be proposed again; that in 1985, the City enacted the 7 percent telecommunications tax on all intrastate service while many other Cities retained the 10 percent tax on the base telecommunications rate; that the City's largest source of revenue is utility excise taxes; that a moratorium has been placed on the ability to tax telecommunications Internet access charges which should be lifted; that no State tax on goods purchased interstate over the Internet is imposed; that the issues proposed are supported; however, the telecommunications tax generates large revenues. Commissioner Quillin asked if the telecomunications tax was rejected at the Federal or State level? Mr. Mitchell stated that State action was involved; however, the sales tax is Federal; that the State should take some action as an unfair advantage is provided to people outside the State from doing business in the State. Mayor Cardamone stated that bringing forward the issues of State revenue sharing stabilization and telecommunications taxes including a tax on Internet access and the telecommunications flat tax is appreciated; that the issues will be added to the primary priority list; and asked if the priorities list can be available by July 7, 1999. City Auditor and Clerk Robinson stated yes. Mayor Cardamone stated that hearing the Commission's agreement, the high priority legislative issues are: Traffic Calming; Partial Year Tax Assessments; Enterprise Zones; Business Incubators; Water Supply Regulations including competing water users and protection of existing users; Amendment to Section 784.046 (injunctions), Florida Statutes, to exempt police officer which performing their duties; Prohibition Against Broadcasting Live Tactical Operations of Law Enforcement; Maximum Value of Housing for the SHIP Program; State Revenue Sharing Stabilization; and Telecommunication Taxes including support for a Tax on Internet Access and opposition to any Telecommunications Flat Tax 33. APPOINTMENT RE: ALTERNATE CODE ENFORCEMENT SPECIAL MASTER - APPOINTED JEROME ROTHSTEIN AS FIRST ALTERNATE CODE ENFORCEMENT SPECIAL MASTER AND LESLIE TELFORD AS SECOND ALTERNATE CODE ENFORCEMENT SPECIAL MASTER (AGENDA ITEM IX) #4 (3320) through (3397) Mayor Cardamone stated that the appointment of an Alternate Code Enforcement Special Master is necessary to fill the existing vacancy. Deputy City Manager Schneider stated that the Administration recommends appointing a first and second Alternate Code Enforcement Special Master; that applications have been received from Leslie Telford, Esquire, and Jerome Rothstein, Esquire. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to appoint Jerome Rothstein as first Alternate Code Enforcement Special Master and Léslie Telford as sécond Alternate Code Enforcement Special Master. Vice Mayor Pillot stated that Attorney Rothstein has expressed interest for over a year and was second choice prior to the appointment of Richard Ellis, the City's Code Enforcement Special Master; that Attorney Rothstein is semi-retired and able to devote more time to the City; that Attorney Telford's experience is substantial; however, Attorney Rothstein's experience is in the specific function of the City's Board of Adjustment. Mayor Cardamone called for a vote on the motion to appoint Jerome Rothstein as first Alternate Code Enforcement Special Master and Leslie Telford as second Alternate Code Enforcement Special Master. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone announced the appointment of Jerome Rothstein as first Alternate Code Enforcement Special Master and Leslie Telford as second Alternate Code Enforcement Special Master. 34. REMARKS OF COMMISSIONERS ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION WILL REPORT- CONCERNING THE BOOK 46 Page 18468 07/06/99 6:00 P.M. BOOK 46 Page 18469 07/06/99 6:00 P.M. ACTIVITIES IN GILLESPIE PARK AT THE JULY 19, 1999, REGULAR COMMISSION MEETING (AGENDA ITEM XI) #4 (3397) through (3625) MAYOR CARDAMONE: A. stated that the Commission's support for involving Staff and the City Attorney with problems associated with feeding the homeless every Sunday afternoon at Gillespie Park would be appreciated; that determined efforts have been directed toward resolving the situation; that more than feeding the homeless such as clothing, feeding, amplified services is involved. Commissioner Quillin stated that Gillespie Park is for the public; that everyone has a right to use the Park; that discussions regarding the problem have been held with the Administration and other organizations but not with the organization allegedly causing the problems; that a different situation results if permits are or are not required; that the type of abatement should be known prior to asking Staff to aggressively abate a perceived problem; that some people do not like the. way the. individuals look; that the area is left a mess; that the people involved should be charged for clean upi that more information is required on the subject. Vice Mayor Pillot stated that any mess is not the result of feeding the homeless. Commissioner Quillin stated that the problem did not occur last weekend, July 2 to 4, 1999; that the problem is a group which comes to the Park to distribute clothes and preach. Mayor Cardamone stated that permits are required for events in parks; however, the particular organization has approximately 17 different names; therefore, permits could be obtained and events held on a weekly basis; that a scheduled birthday party was interrupted with the activity; that an association meeting was interrupted another time; that video tapes depicting graphic behavior of some participants are available; that Staff should investigate the problem and present a report with recommendations. Deputy City Manager Schneider stated that a report will be presented at the July 19, 1999, Regular Commission meeting. 35. ADJOURN (AGENDA ITEM XIII) #4 (3625) There being no further business, Mayor Cardamone adjourned the Regular meeting of July 6, 1999, at 12:15 a.m. - - C Cerrel SOTA MOLLIE C. CARDAMONE, MAYOR ATTEST: a 13lly E Rubnoon BILLY/E. ROBINSON, CITY AUDITOR AND CLERK BOOK 46 Page 18470 07/06/99 6:00 P.M. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC LAST NAME-FIRST NAME-MIDDLE! NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Hogle Albert F. Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON 2189 Magnolia Street, Sarasota, FL 34239 WHICHI SERVE IS A UNIT OF: B CITY 0o COUNTY D OTHER LOCAL AGENCY CITY COUNTY NAME OFF POLITICAL SUBDIVISION: Sarasota Sarasota City of Sarasota DATE ON WHICH VOTE OCCURRED MY POSITION IS: July 6, 1999 R ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or Committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statytes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112-3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. Thei form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CEF FORM 8B 10-86 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. Yous should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes oft the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1 Albert F. Hogle hereby disclose that on July 6 1999: (a). A measure came or will come before my agency which (check one) XXX inured to my special private gain, or inured to the special gain of by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Agenda Item IV-A-1, Public Hearing Re: Proposed Ordinance No. 99-4142, amending Chapter 24, Personnel, Article II, Pension, Division 3, Police, of the Code of Ordinances of the City of Sarasota, amending Section 24-83, Cost-of-Living Payments and Adjustments for Retirees; etc. (Title Only) I am a retiree of the City of Sarasota's Police Pension Fund and therefore will benefit financially from the cost-of-living payments. July 19, 1999 OdIk Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 8112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CEF FORM 8B 10-86 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC LASTI NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Mason Carolyn J. Sarasot,a City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON 1895 18th Street, Sarasota, FL 34234 WHICHI 1 SERVE IS A UNIT OF: B CITY 0 COUNTY D OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sarasota Sarasota City of Sarasota DATE ON WHICH VOTE OCCURRED MY POSITION IS: July 6, 1999 E ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or Committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112-3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting. prior to consideration of the matter in which you have a conflict of interest. CE FORM 8B 10-86 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. Yous should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes oft the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST - 1 Carolyn J. Mason hereby disclose that on July 6 1999: (a). A measure came or will come before my agency which (check one) XXX inured to my special private gain, or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Agenda Item III-A-10, Authorize Administration to permit Goodwill Industries Manasota, Inc., the selected Community Housing Development Organization (CHDO), to sell property located at 804 North Orange Avenue. I am employed by Goodwill Industries Manasota, Inc. - July 20, 1999 Cadp Mhaso Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 8112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CEFORM 8B -10-86 PAGE 2