BOOK 46 Page 18537 08/02/99 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 2, 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. Mayor Cardamone stated that the Commission meeting is being televised on Channel 52, the new Government Access Channel in Sarasota. 1. PRESENTATION, RE: EMPLOYEE OF THE MONTH FOR JULY 1999 DEBORAH A. SYKES, SENIOR LOAN DEVELOPMENT OFFICER, HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT #1 (0003) through (0168) Donald Hadsell, Director of Housing and Community Development, came before the Commission and requested that Deborah Sykes, Senior Loan Development Officer, Housing and Community Development, come forward. Mr. Hadscll stated that Ms. Sykes came to the Housing and Community Development Department in 1995 as a Loan Processor and administers the Department's Down Payment Assistance Program which is part of the Home Partnership Investment Act (HOME) program and which assists low income families in purchasing homes; that quality control, relations with lenders, realtors and loan applicants have greatly improved through Ms. Sykes' efforts; that the program has grown from servicing 50 families a year to servicing over 150 families a year; that Ms. Sykes' compassion for applicants' needs, sensitivity to deadlines and willingness to assume additional assignments earned her a promotion to Senior Loan Development Officer in 1997; that her responsibilities have increased to include the Purchase Rehabilitation Program and assisting in client intake; that she demonstrates excellence and pride in her work; that in 1998, the State of Florida monitored 25 of Ms. Sykes' cases for the State Housing Initiatives Partnership Program (SHIP); that no errors, faults or problems were found; that government programs are difficult to administer; that her record is excellent. Mayor Cardamone presented Ms. Sykes with a City-logo watch, a plaque, and a certificate as the August 1999 Employee of the Month in appreciation of the unique performance with the City of Sarasota; and congratulated her for the outstanding efforts. Ms. Sykes thanked the Commission and stated that appreciation is extended to family members and Staff of the Department of Housing and Community Development; and introduced the following present in the audience: Charles Sykes, husband, Matthew Sykes, son, Betty Gibson, mother, and Chris Davis, Assistant Director, Natalie Hinger, Accountant, and Jane Hindall, Housing Assistance Program Coordinator, Department of Housing and Community Development. 2. PRESENTATION RE: MAYOR 'S CITATION TO ARNOLD FREDERICK, DIRECTOR OF CHRISTIAN EDUCATION AND YOUTH FOR THE CONCORDIA LUTHERAN CHURCH, LCMS, AND THE MEMBERS OF THE YOUTH GROUP WHO PARTICIPATED IN MISSION 1999 #1 (0168) through (0524) Arnold Frederick, Director of Christian Education And Youth for the Concordia Lutheran Church, LCMS, came forward along with the members of the Church's Youth Group which participated in Mission '99 and who were present in the audience as follows: Katie Coiro, Ritchie Coiro, Aron Crady, Bryan Kopp, Danni Reese, and Katie Vasiloff. Mayor Cardamone stated that the Concordia Lutheran Church is located on Wood Street; that Mr. Frederick and the youth group organized Mission '99 during the week of July 18 through 25, 1999, and performed community service projects throughout the City; that the youth group's activities included planting and weeding the median strip at the northeast corner of Main Street and Osprey Avenue, collecting donated canned food from downtown neighbors for All Faith's Food Bank, meeting their business neighbors by baking and delivering cookies to businesses throughout the City, and contributing funds to less fortunate neighbors for laundry and bus fare expenses; that Mr. Frederick and the youth group are true examples of the City's goal "to have viable neighborhoods working together as a community." Ms. Crady stated that much was learned during the week's experience. Mr. Coiro stated that the experience was fun; that the hope is to repeat Mission '99 again next year. Mr. Kopp stated that the participants' respect for each other has grown; that an effort was made to return something to the community which has given sO much. BOOK 46 Page 18538 08/02/99 6:00 P.M. BOOK 46 Page 18539 08/02/99 6:00 P.M. Ms. Vasiloff stated that considerable spiritual growth has occurred; that friendships have also grown. Mr. Reese stated that Mission '99 was enjoyable; that the hope is to repeat the experience next year. Mr. Frederick stated that the group lived together for one week; that during the day the group performed community service work by cleaning, weeding and planting in the City including Bayfront Park and the Arlington Park area; that the group collected donated canned food for the A1l Faith's Food Bank for seven evenings; that the group carried a total of 1,588 pounds of food in back packs; that the group never lost enthusiasm even though the work was hard and the weather hot. Mayor Cardamone stated that obviously, the friendships and camaraderie the youth group developed during the week was wonderful. Mayor Cardamone read in its entirety the Mayor's Citation commending the dedication, hard work, enthusiasm, and leadership of Mr. Frederick of the Concordia Lutheran Church, LCMS, and presented Mr. Frederick with the signed Mayor's Citation embossed with the City Seal. Mayor Cardamone read in its entirety the Mayor's Citation commending the hard work and enthusiasm of the Youth Group of the Concordia Lutheran Church, LCMS, and presented the members of the youth group present with the signed Mayor's Citation embossed with the City Seal. Mayor Cardamone requested that the Mayor's Citations be distributed to each of the other members of the youth group as follows: Mike Costa, Katie DeWitt, Patrick DeWitt, and Rachel Lee. Mr. Frederick and the Youth Group of the Concordia Lutheran Church, LCMS, accepted the awards and thanked the Commission. Mr. Frederick stated that appreciation is extended to family and church members present in the audience: Angie Frederick, wife, Doug Weingart, President of the Concordia Lutheran Church, Jan and George Vasiloff, Church elders and Church members Becky Reese, Melissa Reese, Ros Hall and Kathie Coiro. Mayor Cardamone recognized Boy Scouts from Troop 627 and leader Dr. Michael Rosin present in the audience; and stated that the troop 3.s working towards their communications badge. 3. PRESENTATION RE : MIKHAEL DROUGOV, STUDENT VISITOR FROM RUSSIA #1 (0548) through (0623) Mayor Cardamone stated that the City has a visiting student from Russia and requested that Mikhael Drougov come forward. Mr. Drougov stated that he is participating in the "Open House" Russian Leadership Exchange initiated and sponsored mainly by the US Library of Congress; that 2,500 program participants come to the US for ten days during July, August and September; that the program's goal is to demonstrate to the participants an overview of the American political system in preparation for the anticipated Russian parliamentary and presidential elections in the year 2000; that the Russian Leadership Exchange represents the largest, most focused, and most broadly inclusive example of legislative diplomacy in US relations with Russia; that the US economic system is of special interest to him. Mayor Cardamone stated that Jim and Jean Henry of Sarasota have been hosting Mr. Drougov for the ten-day period. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0626) through (0685) Vice Mayor Pillot referred to an August 2, 1999, correspondence from Pamela Dorwarth, Chairman of the Citizens with Disabilities Advisory Board (CDAB) requesting Commission approval of not to exceed $1,000 in funds in support of a quarterly meeting of the Governor's Working Group on the Americans with Disabilities Act (ADA) being held in Sarasota on September 22 through 24, 1999, at the Hyatt Hotel; that the request for action is due to an August 3, 1999, deadline; that the request was just received; that Ms. Dorwarth worked hard at the State level to receive approval to hold the meeting in Sarasota; that Commission action, if any, is required at this time; that the $1,000 will be allocated from the handicap parking fines fund. Commissioner Quillin stated that the CDAB recommends and the Commission approves the use of funds from the handicap parking fine fund. Mayor Cardamone asked if the request can be added to the Agenda? City Auditor and Clerk Robinson stated that the request can be added as a Change to the Orders of the Day as follows: A. Add under New Business, Item No. VII-2, Presentation Re: Citizens with Disabilities Advisory Board (CDAB) request for funds. On motion of Commissioner Quillin and second of Vice Mayor Pillot, it was moved to approve the Change to the Orders of the Day. BOOK 46 Page 18540 08/02/99 6:00 P.M. BOOK 46 Page 18541 08/02/99 6:00 P.M. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 5. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S (PBLP REGULAR MEETING OF JULY 7, 1999 - RECEIVED REPORT (AGENDA ITEM II-1) #1 (0685) through (0853) Dr. Robert Kantor, Chairman of the Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of Planning and Development, came before the Commission. Dr. Kantor stated that at the July 7, 1999, Regular meeting, the PBLP considered proposed Major Conditional Use Application No. 99-CU-12 and proposed Site Plan Application No. 99-SP-K to allow a leasehold use in the Governmental Use (G) Zone District of the Urbaculture/Plorida Farm Learning Center proposed by the Florida House Foundation, Inc.; that the site is located at 2046 Dr. Martin Luther King, Jr. (MLK) Way; on a parcel of property owned by the City and leased to the Florida House Foundation, Inc., a Florida not-for-profit corporation; that the proposed uses for Phase I of the project include a Urbaculture/Plorida Farm Learning Center consisting of a classroom, office, and library, a limited farming operation and a farmers' market to provide an outlet for agricultural operations on the site; that the PBLP unanimously voted to find proposed Major Conditional Use Application No. 99-CU-12 and proposed Site Plan Application No. 99-SP-K consistent with the Sarasota City Plan, 1998 Edition, and the Tree Protection Ordinance and recommend Commission approval of the request subject to the following conditions: 1. Development shall occur in compliance with the site plan dated May 18, 1999, and filed with the Office of the City Auditor and Clerk - This does not imply or confer any variances from applicable zoning or land development regulations. 2. Commencement of any conditional use activity on the property is contingent upon Florida Department of Environmental Protection (DEP) review and approval, a copy of which shall be forwarded to the City Planning and Development Department. 3. Prior to use of the lot for agriculturally related urbaculture, the Applicant shall submit a stormwater run-off plan to the Engineering Department for review and approval - No agricultural use shall commence prior to approval of such plan. City Manager Sollenberger stated that the Administration does not make recommendations on quasi-judicial matters; however, proposed Resolution No. 99R-1198 has been prepared if the Commission chooses to approve the PBLP's recommendat tion for approval of the Major Conditional Use and Site Plan and appears as Item No. 2 under Consent Agenda No. 2; that the Commission may approve the PBLP's recommendation by approving proposed Resolution No. 99R- 1198 if desired. Mayor Cardamone stated that proposed Resolution No. 99R-1198 could also be set for public hearing if desired; that a motion to set proposed Resolution No. 99R-1198 would be required. Mayor Cardamone stated that hearing no motion, Resolution No. 99R-1198 will be considered under Consent Agenda No. 2. Commissioner Quillin stated that the community is very excited about the project; that a time line for development of the property would be helpful. John Lambie, Director, Florida House Foundation, Inc., came before the Commission and stated that a time line has been prepared and will be provided to the Commission. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to receive the report. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 6. PRESENTATION RE: GUIDING LIGHT CHRISTIAN CENTER FOR YOUTH SCHOOL, COLUMBUS, OHIO #1 (0855) through (0955) Reverend Bill Parker of the Guiding Light Christian Center for Youth, Columbus, Ohio, came before the Commission; read into the record and presented a July 9, 1999, letter to the Commission from Mayor Gregory Lashutka of Columbus, Ohio, introducing and recommending Reverend Parker's school; and stated that he and his wife run the only tuition-free Christian school in Columbus, Ohio; that the school provides students with meals, books, uniforms, transportation and tuition; that the school is funded by pledges from private sources; that the school receives no governmental or private funding; that plans are to expand the school into the Sarasota area; that the Bradenton/Sarasota area has been visited many times since a 1986 Christian Retreat; that his purpose is to introduce the school to the Commission, to make the community aware a proper facility is being sought, and to ask the Commission's support; and distributed a pamphlet entitled "Guiding Light: Christian Center for Youth" describing the school's mission. Mayor Cardamone thanked Reverend Parker for meeting wit th the Commission and for the information. BOOK 46 Page 18542 08/02/99 6:00 P.M. BOOK 46 Page 18543 08/02/99 6:00 P.M. 7. CONSENT AGENDA NO. 1: ITEM NO. 1 - APPROVED AS REVISED; ITEM NO. 2 - APPROVED (AGENDA ITEM III-A) #1 (0955) through (1080) City Manager Sollenberger stated that the following revisions are required to proposed Ordinance No. 99-4145 of Item No. 1: Section 24-10: Change From: director of employee services or his designee To: director of human resources or his or her designee Section 24-11: Change From: as he deems appropriate To: as he or she deems appropriate 1. Approval Re: Set for public hearing proposed Ordinance No. 99-4145, amending the Sarasota City Code, 1998 Edition, Chapter 24, relating to the General Personnel Board and the Civil Service Board; stating the purpose and responsibilities for each board; providing for the composition, appointments, terms of office and procedures of each board; etc. 2. Approval Re: 1999-2000 Action Plan CDBG and HOME Programs. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item No. 1 as revised and Item No. 2. Motion carried unanimously (5 to 0): : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 8. CONSENT AGENDA NO. 2: ITEM NO. 1 (ORDINANCE NO. 99R-1162) ADOPTED; ITEM NO. 2 (RESOLUTION NO. 99R-1198) = ADOPTED; ITEM 3 (ORDINANCE NO. 99-4153) = ADOPTED (AGENDA ITEM III-B) #1 (1080) through (1475) Commissioner Mason requested that Item No. 1 be removed for discussion. 2. Adoption Re: Proposed Resolution No. 99R-1198, to approve Major Conditional Use Application No. 99-CU-12 and Site Plan Application No. 99-SP-K to allow a leasehold use in the Governmental Use (G) Zone District consisting of an Urbanculture Center, Learning Center, and Farmer's Market in the Governmental Use (G) Zone District; said Major Conditional Use is proposed to be located on a parcel of property owned by the City of Sarasota and leased to the Florida House Foundation of Sarasota, Inc., a Florida Not-For-Profit Corporation; said property is bounded on the north by Dr. Martin Luther King / Jr. Way, on the west by Mary Anderson Place, on the south by 21st Street, and on the east by the City limits of the City of Sarasota, as more particularly described herein; said Major Conditional Use is required to be constructed within the +/- 8.0 acre portion of the leasehold labeled "Phase I" in accordance with Site Plan Application No. 99-SP-K; setting forth terms and conditions for this conditional use; providing for reading by title only; and providing an effective date. 3. Adoption Re: Proposed Ordinance No. 99-4153, amending the Zoning Code (1998) as adopted by reference by Ordinance No. 99-4076; setting forth finding as to intent and purpose; amending Article VII, Regulations of General Applicability; Division 7, Public Art; Section VII-401, Public Art Required; pertaining to the requirement for property owners or developers of non-residential projects located in the Commercial, Central Business District (C-CBD) Zone, Theatre and Arts District (TAD) Zone or regarding a public building on Governmental Use (G) Zoned property located in the community redevelopment area to contribute funds to the Public Art fund; repealing ordinance in conflict; providing for the severability of the parts hereof; providing for reading by title only; and providing an effective date. City Auditor and Clerk Robinson read proposed Resolution Nos. 99R-1198 and Ordinance No. 99-4153 by title only. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to adopt Consent Agenda No. 2, Item Nos. 2 and 3. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes, Quillin, yes. 1. Adoption Re: Proposed Resolution No. 99R-1162, amending by reference, the Personnel Rules and Regulations for the Civil Service and General Personnel System; providing for updated changes in Rules 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14A, 14B, 15, 16, 17, 18, 19 and 20 to bring them into compliance with the City Charter, the City Code and current laws and practices, as well as changes in titles and in organizational structure of the City; and to clarify, amend and correct such rules, as more particularly described herein providing for the severability of parts hereof; providing for reading of this resolution by title only; and providing for an effective date. BOOK 46 Page 18544 08/02/99 6:00 P.M. BOOK 46 Page 18545 08/02/99 6:00 P.M. Commissioner Mason stated that she came to work for the City in 1983, was hired under the Personnel Rules and Regulations being presented, left the City's employ in 1993 and is now back; that no substantial changes in the Personnel Rules and Regulations are seen; that the opinion of a new Director of Human Resources once appointed would be appreciated; that the taxpayers and City employees deserve a better document. Commissioner Hogle stated that his background is also of City employment; that the Personnel Rules and Regulations are in order; however, the review by a new Director of Human Resources is advisable. Commissioner Quillin agreed; and stated that a review by a new Director of Human Resources would be a courtesy. City Attorney Taylor stated that the understanding is the changes in the Personnel Rules and Regulations are not substantive; however, important revisions are being made, i.e., citations to statutes, proper use of titles, etc.; that adopting the proposed Personnel Rules and Regulations was thought preferable to continuing to operate with the inconsistencies under the current Personnel Rules and Regulations. Vice Mayor Pillot stated that the proposed Personnel Rules and Regulations can be modified after a new Director of Human Resources has an opportunity for review; that the proposed Personnel Rules and Regulations appear appropriate based on personal service on the City's Civil Service/General Personnel Board and experience in Personnel management. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1162 by title only. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to adopt Consent Agenda No. 2, Item No. 1. Commissioner Quillin stated that the Personnel Rules and Regulations have not been changed in years; that the motion will only be supported if an indication is provided a new Director of Human Resources can return to the Commission for any revisions deemed appropriate; that the Personnel Rules and Regulations protects employees; therefore, delaying action is a concern. City Attorney Taylor stated that a timeframe to return with additional revisions, if any, is not known; that the preferred course of action may be to make the proposed changes and allow a new Director of Human Resources to review further. Mayor Cardamone stated that the changes made by the Commission at the June 7, 1999, Commission workshop are pleasing; that directing a new Director of Human Resources to change the Personnel Rules and Regulations as a first task may be a difficult assignment; that reviewing the Personnel Rules and Regulations and making recommendations for changes are part of the Director of Human Resources' job task; that returning to the existing Personnel Rules and Regulations is not desired as the proposed revisions are desirable. City Manager Sollenberger stated that a new Director of Human Resources will be requested to review the Personnel Rules and Regulations considering the Commission's discussions at an early stage. Mayor Cardamone stated that a member of the public suggested eliminating all the Personnel Rules and Regulations and writing new ones to incorporate desired policies; that a major rewrite is not opposed; however, some of the revisions incorporated in the proposed Rules and Regulations are desired; therefore, approval of the proposed Rules and Regulations is supported. Commissioner Quillin agreed; but stated that a definite time should be established within which the new Director of Human Resources will complete another review. Mayor Cardamone agreed. City Manager Sollenberger stated that a commitment can be made to a review of the Personnel Rules and Regulations within 12 months of appointment of a new Director of Human Resources. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote to adopt Consent Agenda No. 2, Item No. 1. 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 sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that the City Attorney will make recommendations for time limits for the quasi-public hearings at the appropriate time; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED LOCAL LAW ENFORCEMENT BLOCK GRANT 1999LBVX3441, REGARDING ALLOCATION BOOK 46 Page 18546 08/02/99 6:00 P.M. BOOK 46 Page 18547 08/02/99 6:00 P.M. OF GRANT FUNDS FOR EQUIPMENT IN THE AMOUNT OF $275,331 AND MATCHING FUNDS IN THE AMOUNT OF $30,592 FOR A TOTAL OF $305,923 = APPROVED (AGENDA ITEM IV-A-1) #1 (1485) through (1650) Alan Woodle, Captain, Sarasota Police Department, came before the Commission and stated that the Police Department is very fortunate to receive a Bureau of Justice Assistance (BJA) grant for $275,331 with City matching funds of $30,592 for a total of $305,923 for use towards preventing crime, enhancing public safety, and purchasing equipment; that the recommended expenditures are for upgraded automated software programs, necessary upgrades to computer hardware and the computer network, automation in the records management area, and the purchase of an automated criminal investigations system. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated that the Administration recommends approving the proposed allocation of funds for the Local Law Enforcement Block Grant 1999LBVX3441. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve the proposed allocation of Local Law Enforcement Block Grant 1999LBVX3441. Motion carried unanimously (5. to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. Commissioner Quillin stated that a tour of the Police Department to view new equipment and technology used in fighting crime would be appreciated. Mayor Cardamone requested that City Attorney Taylor explain the quasi-judicial public hearing 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; that the recommendation is to allow 10 minutes for the Applicant's presentation and 5 minutes for rebuttal; that the City will have 5 minutes for presentation and 3 minutes for rebuttal; that no one has filed for certification as an Affected Person; that other interested persons will have 5 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the recommendations for speaker time limits. 10. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4106, AMENDING ORDINANCE NO. 97-4025 BY SUBSTITUTING THE ALTERNATIVE DEVELOPMENT PLANS SUBMITTED WITH PETITION NO. 98-DPR-J FOR THE PREVIOUSLY APPROVED DEVELOPMENT PLAN SUBMITTED WITH PETITION NO. 97-DPR-13 PERTAINING TO THE CONSTRUCTION OF A MIXED-USE PROJECT KNOWN AS MORRILL COURT; APPROVING THE ALTERNATIVE DEVELOPMENT PLANS SUBMITTED WITH PETITION NO. 98-DPR-J WITH CONDITIONS AS MORE FULLY SET FORTH HEREIN; FURTHER AMENDING ORDINANCE NO. 97-4025 BY INCREASING THE MAXIMUM ALLOWABLE COMMERCIAL AREA IN EACH "LIVE/WORK" UNIT FROM 500 TO 750 SQUARE FEET AND BY REDUCING THE MINIMUM REQUIRED RESIDENTIAL AREA IN TWO OF THE "LIVE /WORK UNITS FROM 1,000 TO 750 SQUARE FEET; ETC. (TITLE ONLY) ) (APPLICATION NO. 98-CO-09, APPLICANT RUSSELL MOORE AS AGENT FOR THE OWNER JOHN MESHAD) = PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #1 (1650) through (2630) Mayor Cardamone stated that proposed Ordinance No. 99-4106 is to approve Development Plans submitted with Petition No. 98-DPR-J for property located at 235 Osprey Avenue, known as Morrill Court, as a substitute for Development Plans previously submitted with Petition No. 97-DPR-13 and approved by Ordinance No. 97-4025. Mayor Cardamone requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Hogle stated that a meeting took place with John Meshad, Esquire, and Thomas Davney, Esquire, at 10 a.m., July 21, 1999, for approximately one hour; that most of the meeting did not concern the issue before the Commission; that he posed a question during the meeting concerning the intent of the Petitioner; that the response was the intent of the Petitioner is to raise the number of square feet upstairs in the proposed building. Mayor Cardamone, Vice Mayor Pillot and Commissioners Mason and Quillin stated that no ex parte communications have occurred. BOOK 46 Page 18548 08/02/99 6:00 P.M. BOOK 46 Page 18549 08/02/99 6:00 P.M. Mayor Cardamone opened the public hearing and requested that the Petitioner come forward. Peter Keenan, Project Manager, Hoyt.DSW, representing Russell Moore as agent, and John Dunbaugh, Esquire, law firm of Syprett, Meshad, Resnick & Lieb, P.A., representing the Petitioner, came forward. Mr. Keenan stated that the property known as Morrill Court is located between Osprey Avenue and Links Avenue; that the request is for approval of Conditional Rezoning Petition No. 98-CO-09 and Development Plan Petition No. 98-DPR-J to amend previously approved Ordinance No. 97-4025 regarding Conditional Use Petition No. 97-CO-07 and Development Plan Petition No. 97-DPR-13; that the request is to: 1. Increase the amount of commercial space in each live/work unit from 500 square feet to 750 square feet which will not exceed the previously approved amount of 10,000 square feet on the overall site - The intent is to take the same commercial square footage and allocate in a more productive fashion. 2. Increase alternative site plans to four, which have minor differences as follows: Alternative A: One commercial structure and seven separate live/work units Alternative B: One commercial structure and six separate live/work units Alternative C: One commercial with one residential unit and six separate live/work units Alternative D: One commercial structure, one residential unit with circular drive, and six separate live/work units 3. Reduce the minimum square footage for residential use in each live/work unit from 1,000 square feet to 750 square feet to accommodate the change in the commercial square footage. 4. Plant holly trees along Morrill Street as requested by the Public Works Department - The original proposal was for planting live oak trees. Mayor Cardamone requested that City 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 Petitioner has given an accurate description of the request; that the Petition was filed under the former Zoning Code (1974 as amended) which is, therefore, the standard for review; that proposed Ordinance No. 99-4106 provides for Conditional Rezoning Petition No. 98-CO-09 and Development Plan Petition No. 98-DPR-J to amend previously approved Ordinance 97-4025; that on July 7, 1999, the Planning Board/Local Planning Agency (PBLP) unanimously voted to find Conditional Rezoning Petition No. 98-CO-09 and Development Plan Petition No. 98-DPR-J consistent with the Sarasota City Plan, 1998 Edition, and the Tree Protection Ordinance; that one condition requested by Staff and approved by the PBLP is a requirement for owner occupancy or the addition of an external entrance, which would promote residential use in each live/work unit; that subsequent to the July 7, 1999, Regular PBLP meeting, a live/work unit was constructed which Staff has toured; that another smaller unit will have a kitchen downstairs and will, therefore, be a mix of commercial and residential uses as well; that Staff has worked with the City Attorney's Office and the Petitioner to incorporate the two smaller structures in the approval process; that amending proposed Ordinance No. 99-4106, amending Ordinance No. 97-4025, also incorporates some minor required changes. Robert Fournier, Esquire, City Attorney's Office, came before the Commission; distributed a revised draft of proposed Ordinance No. 99-4106; and stated that Staff's report addresses the condition which requires owner occupancy of the live/work units or alternatively a separate entrance to the unit's residential portion; that the Petitioner subsequently indicated concerns with the owner-occupancy or separate entrance requirement; that one reason is a unit has already been constructed and some enforcement difficulties exist with which the Director of Building, Zoning and Code Enforcement would agree; that the Petitioner agreed to install external entrances on all the units except two; that the excluded two are the unit which is already constructed and another unit which is in the permitting process and which was not designed with an external entrance; that other revisions to proposed Ordinance No. 99-4106 are: Section 6 Replace 6,500 with 4,750 square feet as follows: The commercial/office building shall consist of a maximum of 6,500 square feet of commercial use unless all of the commercial use area allocated to the live/work units is not used, in which case the unused commercial square footage may be added to the 6,500 square feet of the commercial/office building. . Section 7 - Replace the word "four (4)" with "two (2)" as follows: Except for the two (2) live/work units allowed to contain a minimum of seven hundred fifty (750) square feet floor area devoted to residential use . Section 7 - Add the following: The residential dwelling unit within the commercial/office structure depicted on alternative development plans C and D shall not be deemed a live/work unit for purposes of this ordinance. BOOK 46 Page 18550 08/02/99 6:00 P.M. BOOK 46 Page 18551 08/02/99 6:00 P.M. Section 9 (b) Add the following: Commercial/office Building - Permitted Uses. Section 9 (b) (3) - Add the term "travel agencies." Section 9 (b) (3) (4) (5) and (6) - Renumber to 9 and (7) Section 9 (b) (4) = Add the term 1 (non medical) Section 9 (b) Add: One residential dwelling unit (in the event development occurs in accordance with alternative development plan C or D.) Section 9 (c) - Add: Live/work units - Permitted Uses Mayor Cardamone stated that no one filed for certification as an Affected Person and requested that other interested persons come forward. Daniel McNicol, 1919 Morrill Street (34236), representing the Laurel Park Neighborhood Association (LPNA), stated that the developer stipulated at the July 7, 1999, Regular PBLP meeting to a reduction to 750 square feet of residential space in only one unit; that currently one units exists with 750 square feet of residential space; that the other units were to be built with 1,000 square feet of residential space; that the 1,000-square- foot standard is important sO the development can have a viable living space; that the LPNA would like the area maintained as a neighborhood; that the best incentive is to have 1,000 square feet of living spaces built. Mayor Cardamone asked if the square footage requirement was changed after the July 7, 1999, Regular PBLP meeting? Mr. McNicol stated yes. Mayor Cardamone requested that the Applicant and the City come forward for rebuttal. Mr. Keenan stated that the July 7, 1999, Regular PBLP meeting was not personally attended; therefore, no opinion can be offered. Ms. Murphy stated that the agreement to reduce the size of two units is addressed in Section 7 of revised proposed Ordinance No. 99-4106 as follows: Except for the two (2) live/work units allowed to contain a minimum of 750 square feet of floor area devoted to residential use . Ms. Murphy stated that the remaining live/work units will have a minimum of 1,000 square foot of residential space except as indicated; that Mr. Moore, as agent for the Petitioner, acknowledged the requirement during the PBLP testimony. Mayor Cardamone asked if the proposed units will have 750 square feet of commercial space and 1,000 square feet of residential space? Ms. Murphy stated yes; that the exceptions are one unit already constructed and another unit currently in the permitting process. Mayor Cardamone requested Commissioner supplemental remarks, if any. Commissioner Quillin stated that Osprey Avenue in the area of the proposed live/work complex has a Level of Service (LOS) D; and referred to Staff's Transportation Concurrency Analysis indicating the traffic impact as de minimis; and cited additional comments in the Traffic Concurrency Analysis as follows: Tindale Oliver conducted a traffic study on July 15, 1997. The PM peak-hour trips for the prior use in the traffic study were 56, which was higher than the proposed PM peak- hour trips (31). Commissioner Quillin stated that a LOS D is a concern; that traffic abatement should be addressed; that a driveway to Osprey Avenue as proposed in one alternative plan is a concern; that considerable funds have been invested in the Osprey Avenue area; that the stacking of cars on Ringling Boulevard is a concern; and asked for clarification of the finding of de minimis traffic impact. Alexandrea Hay, Deputy Director of Engineering/City Engineer, came before the Commission and stated that a correction is necessary; that the traffic impact is not de minimis; that the Traffic Concurrency Analysis indicates the net increase in p.m. peak-hour traffic is 31 trips; that the traffic study by Tindale Oliver was based on a higher intensity usage, i.e., an increase of 56 p.m. peak-hour trips; that subsequently, the project was revised; that Staff reviewed the project plans as revised and did not require a new traffic study as a lower number of p.m. peak-hour trips was generated; that the Traffic Concurrency Analysis should indicate the project meets transportation concurrency requirements but is not de minimis; that Osprey Avenue is a LOS D; that changing the designated level of service would be a Commission policy decision; that a traffic impact of greater than one percent is not considered de minimis and requires a traffic study. Commissioner Quillin stated that correcting the record to reflect the project meets transportation concurrency requirements but is not de minimis is important and appreciated. BOOK 46 Page 18552 08/02/99 6:00 P.M. BOOK 46 Page 18553 08/02/99 6:00 P.M. 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. 99-4106 by title only. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4106 as revised 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. 11. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4156, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1205 COCOANUT AVENUE HISTORICALLY KNOWN AS THE BYRD AND KATHERINE KICKLITER HOUSE AS A STRUCTURE OF HISTORICAL SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY; ETC. (TITLE ONLY) (APPLICATION. NO. 99-HD-11, APPLICANT MIKKI HARTIG AS AGENT FOR THE OWNER KATHERINE KELLY) = PASSED ON FIRST READING (AGENDA ITEM IV-B-2) #1 (2635) through (3004) Mayor Cardamone stated that proposed Ordinance No. 99-4156 provides for the designation of the structure located at 1205 Cocoanut Avenue historically known as The Byrd and Katherine Kickliter House; that the structure has historic significance pursuant to the City's Historic Preservation Ordinance; that the Applicant is Mikki Hartig, agent for Katherine Kelly. 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 depicting photographs of the structure, and stated that the request is for historic designation of the structure located at 1205 Cocoanut Avenue, The Byrd and Katherine Kickliter House, which is a single-family, craftsman-style bungalow built in 1925; that the parcel has a circa 1947 garage located on the site; that the Historic Preservation Board at its meeting of June 8, 1999, unanimously recommended approval based on criteria contained in the Zoning Code (1998), Section IV-806 (A) (1) and (4): 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 Mayor Cardamone requested that City Staff come forward for the City's presentation. Jane Robinson, Director of Planning and Development, came before the Commission and stated that Lorrie Muldowney, Historical Resources Specialist, Sarasota County, who reviews requests for historical designation in the City was unable to attend due to an unforeseen circumstance; and referred to a May 27, 1999, Memorandum from Ms. Muldowney to the Historic Preservation Board indicating the property possesses integrity of location, design, setting, material, workmanship, and association and meets the criteria in the City's Zoning Code (1998) by demonstrating the following: Section IV-806 (A) (1) Reflecting the broad cultural, economic and social history of the City of Sarasota as part of the earliest development of the Valencia Terrace Subdivision. This subdivision was platted as part of the Florida Land Boom, at a time when Sarasota's urban core was rapidly expanding. Section IV-806 (A) (4) = Embodying the distinctive visible characteristics of a Craftsman Style Bungalow. On the local level, the house displays a fairly unique bungalow form based upon its multiple gable over gable roof planes and its partial second floor. Mayor Cardamone stated that no one filed for certification as an Affected Person and requested that other interested persons come forward. There was no one signed up to speak. 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. 99-4156 by title only. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4156 on first reading. BOOK 46 Page 18554 08/02/99 6:00 P.M. BOOK 46 Page 18555 08/02/99 6:00 P.M. Commissioner Quillin stated that the neighborhood will benefit from the renovation of the structure; that the house once harbored drug trafficking; that the structure is an example of people taking back the neighborhood and should be a catalyst for change in the entire neighborhood. 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. 12. CITIZENS I INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #1 (3015) through (3130) The following people came before the Commission: Jencie Davis, 1420 Fifth Street (34236), came before the Commission and stated that a compliment is due the City regarding the work which has been done on Fifth Street in the Rosemary District; that James West, Landscape Maintenance Supervisor, Public Works Department, came to the area with a work crew to clean up and did a magnificent job; that vegetation in the pond in the neighborhood was trimmed; that the work crew cut the lawn Sarasota Fire Station No. 2; that a fine job was done; that a newly planted tree is being watered regularly. Mayor Cardamone stated that the Commission is happy to receive compliments from citizens. Vice Mayor Pillot asked the number of years Ms. Davis has lived at her current location? Ms. Davis stated that she has lived 56 years in the same house and 65 years in the Rosemary District. Mayor Cardamone requested that the compliment be forwarded to Staff. 13. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 99R-1200, SUPPORTING THE FLORIDA MAIN STREET PROGRAM OF THE STATE OF FLORIDA; ENDORSING THE APPLICATION OF THE GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORPORATION SEEKING TO PARTICIPATE IN THE MAIN STREET PROGRAM; SETTING FORTH THE SUPPORT PROVIDED BY THE CITY OF SARASOTA TO AID THE GREATER NEWTOWN COMMUNITY REDEVELOPMENT GOALS WITHIN THE SCOPE OF THE MAIN STREET PROGRAM; DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE PROVIDED BY THE CITY AUDITOR AND CLERK TO THE SECRETARY OF STATE AND THE GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORPORATION, ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM VII-1) #1 (3160) through (3413) Mayor Cardamone stated that proposed Resolution No. 99R-1200 is to support the Florida Main Street Program and to endorse the application of the Greater Newtown Community Redevelopment Corporation (GNCRC) to participate in the program for an area on Dr. Martin Luther King, Jr. (MLK) Way, from Cocoanut Avenue east to Washington Boulevard. Cynthia Porter, Executive Director, and Che Barrett, Assistant Director, GNCRC, came before the Commission. Ms. Porter stated that the GNCRC seeks support for an application to the Bureau of Historic Preservation, Florida Department of State for designation as a Main Street U.S.A. District; that district designation enables the GNCRC to receive training and technical support to revitalize the designated area; that the GNCRC proposes an area to include MLK Way from Cocoanut Avenue east to Washington Boulevard (US 301); that support of the City, area businesses, and neighborhood residents is an integral part of successful implementation of the revitalization plan; that the revitalization process has already begun with the support of organizations such as the Argus Foundation, The Folsom Group, and Newtown business owners, all of which have committed to actively participate on the Main Street U.S.A. Advisory Board; that a total of 15 members will comprise the Board and will form the organization and the design, promotion and economic restructuring committees required to implement the Newtown Business District Revitalization Plan; that the Plan will augment the Storefront Renovation Program, which is funded with $100,000 in Community Development Block Grant (CDBG) funds and loan commitments from Provident Bank. Vice Mayor Pillot stated that the Commission has the written recommendation of the Administration to approve proposed Resolution No. 99R-1200 to support the GNCRC's application to the Florida Department of State as a Main Street USA District. Ms. Porter stated that another letter of support is requested for a grant application to the William G. and Marie Selby Foundation. Mayor Cardamone stated that the Commission can act upon the request individually. Paul Thorpe, Executive Director, Downtown Association of Sarasota Inc.. and Vice President, Florida Redevelopment Association, came before the Commission and stated that approval of proposed Resolution No. 99R-1200 is supported and encouraged; that Staff from the Main Street U.S.A. program has assisted the GNCRC and Newtown residents; that the Downtown Association has provided and will continue to provide advice and counsel to the GNCRC; that the GNCRC is working on various programs which may extend funding past the three-year time frame; that one important BOOK 46 Page 18556 08/02/99 6:00 P.M. BOOK 46 Page 18557 08/02/99 6:00 P.M. goal of the Florida Redevelopment Association is economic development. Commissioner Quillin stated that the program is fully supported; that the Commission should provide an endorsement of GNCRC's application to participate in the Main Street U.S.A. Program; however, no representation should be implied indicating City funds will be provided. Commissioner Mason stated that the GNCRC understands proposed Resolution No. 99R-1200 is in support of the Main Street U.S.A. Designation; that the GNCRC may approach the Commission at another time concerning funding; that the GNCRC is clear the Commission's endorsement of GNCRC's application to participate in the Main Street U.S.A. Program is for support only and not a commi tment of City funds. City Manager Sollenberger stated that proposed Resolution No. 99R-1200 was drafted to endorse the application; that the proposed resolution indicates the City's form of participation in capital improvements in the Newtown Area with CDBG, Local Option Sales Tax (L.0.S.T.) extension, and various other sources of funds; that no commitment was made toward any operational funding of the GNCRC. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1200 by title only. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to adopt proposed Resolution No. 99R-1200. 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 requested additional letter of support for the GNCRC to the William and Marie Selby Foundation is not on the agenda; however, the Commission takes great pride in writing individual letters of support; that the GNCRC will likely receive five letters of support rather than just one. 14. NEW BUSINESS: APPROVAL RE: CITIZENS WITH DISABILITIES ADVISORY BOARD REQUESTING APPROVAL OF $1,000 FROM THE HANDICAP PARKING FINES IN SUPPORT OF THE GOVERNOR'S WORKING GROUP ON THE AMERICANS WITH DISABILITIES ACT BEING HELD IN SARASOTA ON SEPTEMBER 22 THROUGH 24, 1999 APPROVED (AGENDA ITEM VII-2) #2 (0020) through (0129) Mayor Cardamone stated that a request has been received from Pamela Dorwarth, Chairman, Citizens with Disabilities Advisory Board (CDAB), requesting permission to use $1,000 from funds collected from handicap parking fines for a quarterly meeting of the Governor's Working Group on the Americans with Disabilities Act being held in Sarasota on September 22 through 24, 1999. On motion of Commissioner Quillin and second of Vice Mayor Pillot, it was moved to approve the use of $1,000 from the handicap parking fines for the quarterly meeting of the Governor's Working Group on the Americans with Disabilities Act. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Vice Mayor Pillot asked the location of the conference? Ms. Dorwarth stated that the conference will be held at the Hyatt Hotel from September 22 to September 24, 1999; that on September 23, 1999, a public hearing will be held for citizens to have input on any topic concerning the American with Disabilities Act (ADA) including: education, transportation, government, and various issues relating to the ADA; that the Governor's Working Group on the ADA will meet with Governor Bush in the future and review ADA deficiencies statewide and advances which have been implemented. Mayor Cardamone stated that a member of the Commission could welcome the group. Ms. Dorwarth stated that welcoming remarks from the Commission would be appreciated. Vice Mayor Pillot stated that the Mayor will not be in town; however, as Vice Mayor and with the Mayor's permission, delivering a welcome address would be a pleasure. Ms. Dorwarth stated that an opportunity to present an updated report regarding the Hollywood 20 Theatre complex would be appreciated. Mayor Cardamone stated that the report is not on the Agenda; : however, a report could be made at a future Commission meeting. 15. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM x) #2 (0120) through (0267) COMMISSIONER HOGLE: A. stated that the families and the City have lost three well known, respected former members of the City's Police and Fire Departments: BOOK 46 Page 18558 08/02/99 6:00 P.M. BOOK 46 Page 18559 08/02/99 6:00 P.M. Charles Kessler, Major, Sarasota Police Department, retired - Major Kessler provided guidance through many years as a member of the Department's Detective Division Bruce Campbell, Captain, Sarasota County Fire Department, formerly with the City Fire Department William Shearer, Captain, Sarasota County Fire Department B. stated that the City recently received a reimbursement check for the last Lido Beach Renourishment project in the amount of $641,758.18 COMMISSIONER MASON: A. stated that cardiopulmonary resuscitation (CPR) training is offered to Staff and is a valuable skill; that each department should have two employees trained in CPR in the unlikely event a person suffers a heart attack in a City office or facility. COMMISSIONER QUILLIN: A. stated that a search for a skateboard park location is being conducted; that the police issued 38 citations in 1999, with 20 issued during June 1999; that two were repeat offenders; that the hope is a Jocation for a park will be identified swiftly; that the children need a place to skateboard safely. B. stated that the Reverend Neil and Shirley McArthur, Bread-of-Life Outreach, conduct an annual 4th of July barbecue; that the program offered by the organization is titled "Go the Second Mile" and has the goal to "Help Boost a Child's Spirit"; that the outreach program is for children ages 6 through 16; that the program is beneficial for the community; that the Bread-of-Life Outreach Organization is a worthy group; that packets containing shorts, jeans, shoes, a shirt, pencils, paper and folders are available for a contribution of $50 to give to a child to provide an extra boost in spirit for the 1999 school season. 16. ADJOURN (AGENDA ITEM XII) #2 (0268) There being no further business, Mayor Cardamone adjourned the Regular meeting of August 2, 1999, at 7:42 p.m. Aastii D Carik MOLLIE C. CARDAMONE, MAYOR OTA ATTEST: lLe Aobrson BILLY E. ROBINSON, CITY AUDITOR AND CLERK 9 BOOK 46 Page 18560 08/02/99 6:00 P.M.