BOOK 46 Page 18845 11/15/99 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 15, 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 Auditor and Clerk Billy E. Robinson, Deputy City Manager V. Peter Schneider, and City Attorney Richard J. Taylor ABSENT: City Manager David R. Sollenberger 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 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Cardamone stated that the Commission meeting will be rebroadcast on Government Access Channel 52 at 1 p.m. on November 16, 1999, and at 9 p.m. on November 17, 1999. 1. PRESENTATION RE: PROCLAIMING SATURDAY, NOVEMBER 20, 1999, AS "PAUL SALTER DAY: AS A DAY OF SPECIAL IMPORTANCE AND WORTHY OF THE RECOGNITION OF THE CITIZENS OF THE CITY OF SARASOTA' " #1 (0045) through (0182) Mayor Cardamone requested that Louise Stottlemyer and Gail and Glenn Salter, parents of Paul Salter, come forward. Mayor Cardamone stated that Paul Salter is a very special young man in the City; that on September 9, 1999, Paul was injured in an unfortunate sporting incident and, as a result, was left without the ability to move his arms and legs; that a fund-raising benefit to help defray the medical costs is planned in his honor for November 20, 1999; that Ms. Stottlemyer requested the City proclaim the day in Paul's honor; and read in its entirety the Proclamation designating November 20, 1999, as Paul Salter Day. Ms. Stottlemyer stated that the support of the community is appreciated; that the fund-raising benefit will be held at the Sarasota Fairgrounds; that everyone in the community is encouraged to attend to lend support; that many interesting events are planned; that 100 percent of the proceeds will go towards Paul's medical expenses. Ms. Salter thanked the community for the prayers and support. 2. CHANGE TO THE ORDERS OF THE DAY = APPROVED #1 (0182) through (0218) City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Add under Unfinished Business, Agenda Item VI-2, Discussion re: Re-opening of the Lemon Avenue Mall (former Main Street Depot site) per the request of Mayor Cardamone. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 3. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 1, 1999 = APPROVED (AGENDA ITEM I) #1 (0218) through (0223) Mayor Cardamone asked if the Commission had any changes to the minutes. Mayor Cardamone stated that hearing no changes, the minutes of the November 1, 1999, Regular Commission meeting are approved by unanimous consent. 4. CONSENT AGENDA NO. 1: ITEM NO. 1 - APPROVED (AGENDA ITEM III-A) #1 (0218) through (0235) 1. Approval Re: Request funding for traffic and crowd control in the amount of $13,665.75 by the Police Department for the millennium celebration. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to approve Consent Agenda No. 1, Item No. 1. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. BOOK 46 Page 18846 11/15/99 6:00 P.M. BOOK 46 Page 18847 11/15/99 6:00 P.M. 5. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1234) - ADOPTED; ITEM 2 (RESOLUTION NO. 00-1235 ) - ADOPTED; ITEM 3 (ORDINANCE NO. 00-4144 - ADOPTED; ITEM 4 (ORDINANCE NO. . 00-4165) ADOPTED; ITEM 5 (ORDINANCE NO. 00-4175) ADOPTED; ITEM 6 (ORDINANCE NO. 00-4176) - ADOPTED; ITEM 7 (ORDINANCE NO. 00-4177) ADOPTED; ITEM 8 (ORDINANCE NO. . 00-4178 ADOPTED; AND ITEM 9 (ORDINANCE NO. 00-4179) ADOPTED (AGENDA ITEM III-B) #1 (0235) through (0540) Commissioner Quillin requested that Item No. 2 be removed for discussion. 1. Adoption Re: Proposed Resolution No. OOR-1234 appropriating $40,000 from the special Law Enforcement Trust Fund forfeitures) to pay one year's rent, alarm and phone service for an off-site location used by the vice/narcotics section; etc. 3. Adoption Re: Proposed Ordinance No. 99-4144 amending the Zoning Code (1998) as adopted by reference by Ordinance No. 98-4076 relating to development review procedures for the processing of amendments to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, setting forth findings as to intent and purpose; amending Article IV, Development Review Procedures; Division 14, Comprehensive Plan Amendments; Section IV-1401, Purpose and Applicability, Section IV-1402, Application Requirements for Amendments to the City's Comprehensive Plan creating a new Section IV-1402.1, regarding public participation requirements, including adoption of public participation activities in Appendix "C"; amending Section IV-1403, Staff Review and Report for amendments to the City's Comprehensive Plan; Section IV-1404, Planning Board Review in regard to small scale development activities and other amendments to the City's Comprehensive Plan Section IV-1405, regarding review by the Commission of small scale development activities and other amendments to the City's Comprehensive Plan; amending Section IV-1406, Standards for Review of amendments to the City's Comprehensive Plan; restating Section IV-1407, Effect of Decision and IV-1408, Changes to Land Use Amendments (Title Only) 4. Adoption Re: Proposed Ordinance No. 99-4165 amending the Zoning Code (1998) as adopted by reference by Ordinance No. 98-4076, Article IV, Development Review Procedures, Division 4, Adult Use Permits, Section IV-405, Grant, Denial of Permit to require the Department of Building, Zoning & Code Enforcement to grant or deny an application for an adult use permit within 45 days; providing that if no ruling is made within said 45 days an adult use establishment shall be deemed to have been granted an adult use permit; providing further that a final decision as to any request for variance submitted by an adult use establishment, or applicant therefor, shall be made within 90 days of the submission of a complete application for said variance (Title Only) 5. Adoption Re: : Proposed Ordinance No. 00-4175 to rezone a parcel of real property bounded on the east by Tuttle Avenue, on the south by Bahia Vista Street, on the west by Briggs Avenue and on the north by Lyle Street from the Single-Family Residential-3 (RSF-3) and Multi-Family Residential-2 (RMF-2) Zone Districts to the Medical, Charitable and Institutional (MCI) Zone District as more particularly set forth herein; said parcel is approximately 8.2 acres in size and consists of property commonly known as Temple Beth Shalom and adjacent property at the corner of Bahia Vista Street and Briggs Avenue (Title Only) Application No. 99-RE-16, Applicant Barbara Levin, Esquire, as agent for the owner, Temple Beth Shalom & Jewish Center, Inc.) 6. Adoption Re: Proposed Ordinance No. 00-4176 to rezone real property located on the southwest corner of South Tamiami Trail and Hibiscus Street, a/k/a 1968 Hibiscus Street and 2426 South Tamiami trail, from the Multi- Family Residential-2 (RMF-2) Zone District to the Office, Professional and Business (OPB) Zone District, as more particularly set forth herein; providing for conditions of the rezoning (Title Only) (Application No. 99-RE-14, Applicant Land Resource Strategies, Inc., as agent for the owners, The Gomez Land and Cattle Company, Inc.) 7. Adoption Re: Proposed Ordinance No. 00-4177 to rezone real property from the Multi-Family Residential-1 (RMF-1) Zone District to the Medical, Charitable, Institutional (MCI) Zone District; said property being located on the northwest corner of Tuttle Avenue and 12th Street, a/k/a 1231 Tuttle Avenue and 2771 12th Street, as more particularly described herein; providing for conditions of the rezoning (Title Only) (Application BOOK 46 Page 18848 11/15/99 6:00 P.M. BOOK 46 Page 18849 11/15/99 6:00 P.M. No. 99-RE-17, Applicant Rick Carlisle, President of Carlisle and Company, Inc., as agent for the contract purchaser, Community Aids Network, Inc. and the owner, Patricia Caldwell) 8. Adoption Re: Proposed Ordinance No. 00-4178 to rezone real property from the Single-Family Residential-3 (RSF-3) Zone District to the Office Park (OP) Zone District; said property being located at the southeast corner of Fruitville Road and Euclid Avenue, a/k/a 28 North Euclid Avenue, as more particularly described herein; providing for conditions of the rezoning (Title Only) (Application No. 99-RE-06, Applicant Land Resource Strategies, Inc., as agent for the owner, Jewish Family and Children Services of Sarasota-Manatee, Inc.) 9. Adoption Re: Proposed Ordinance No. 00-4179 to rezone real property from the Single-Family Residential-2 (RSF- 2) Zone District to the Office Professional and Business (OPB) Zone District; said property being located at the southeast corner of Fruitville Road and Briggs Avenue, a/k/a 2708 Fruitville Road, as more particularly described herein; providing for conditions of the rezoning (Title Only) (Application No. 99-RE-13, Applicant William Strode, Esquire, as agent for the owner, James McNabb) City Auditor and Clerk Robinson read proposed Resolution No. O0R-1234 in its entirety and proposed Ordinance Nos. 00-4144, 00-4165, 00-4175, 00-4176, 00-4177, 00-4178, and 00-4179 by title only. 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, 7, 8, and 9. 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. 2. Adoption Re: Proposed Resolution No. O0R-1235 appropriating $8,700 from the special Law Entorcement Trust Fund forfeitures) to purchase cardiovascular equipment for the Police Department fitness center; etc. Commissioner Quillin stated that the Item No. 2 is to approve an expenditure of $8,700 from the Law Entorcement Trust Fund (LETF) to purchase cardiovascular equipment for the Police Department; that the Police Department previously requested funds for fitness equipment which was approved; that at the November 1, 1999, Regular Commission meeting, the applicable sections of the Florida Statutes concerning the use of LETF were quoted and cited the minutes of the November 1, 1999, Regular Commission meeting as follows: Commissloner Hogle stated that the past history in the Police Department has been to fund first-time purchases from the LETF i that subsequent purchases for replacement items are from the general fund . Commissioner Quillin stated that funds for adding equipment should come from the General Fund and not the LETF; that only Police Department Staff will be able to use the equipment; that the Commission worked hard and diligently with the County to allow City Staff to use the County's fitness facility; that the expenditure from the LETF is inappropriate. Commissioner Hogle stated that the expenditure is for additional rather than replacement equipment; that a limited number of spaces is available for City Staff at the County's facility; that the spaces should be made available to General Employees who do not have the availability of other facilities rather than Police Department Staff. City Auditor and Clerk Robinson read proposed Resolution No. O0R-1235 in its entirety. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to adopt Consent Agenda No. 2, Item No. 2. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 1) : Hogle, yes; Mason, yesi Pillot, yes, Quillin, no; Cardamone, yes. Mayor Cardamone requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. BOOK 46 Page 18850 11/15/99 6:00 P.M. BOOK 46 Page 18851 11/15/99 6:00 P.M. 6. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4182, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 4, GENERAL EMPLOYEES, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA, AMENDING SECTION 24- 103, PENSION BENEFITS, TO PROVIDE FOR AN INCREASE IN THE BENEFIT ACCRUAL RATE TO 2.5 PERCENT FOR ALL YEARS OF SERVICE; PROVIDING FOR A 3 PERCENT FIXED ANNUAL COST OF LIVING ADJUSTMENT FOR FUTURE RETIREES; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #1 (0554) through (0725) Gary Laubacker, Chairman, and Gibson Mitchell, Treasurer, General Employees' Pension Fund Board of Trustees, came before the Commission. Mr. Laubacker stated that proposed Ordinance No. 00-4182 amends the City's General Employees' Pension Fund by providing for: 1. An increase in the Benefit Accrual Rate to 2.5 for all years of service for all future retirees; and 2. A 3.0 percent Fixed Annual Cost of Living Adjustment (COLA) for all future retirees. Mr. Laubacker referred to the Sarasota General Employees' Pension Fund Impact Statement - October 20, 1999, indicating the following impact of proposed Ordinance 00-4182: impact on employee payroll: 0.12 percent contribution increase to City: 0.00 percent 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. 99-4182 by title only. Deputy City Manager Schneider stated that the Administration recommends passing proposed Ordinance No. 00-4182 on first reading. On motion of Commissioner Quillin and second of Vice Mayor Pillot, it was moved to pass, proposed Ordinance No. 00-4182 on first reading. Vice Mayor Pillot asked for clarification of the increase in the Benefit Accrual Rate? City Auditor and Clerk Robinson stated that the Benefit Accrual Rate is currently 2.25 for all years of service after October 1, 1997, and prior to October 1, 1997, the rate is 2.0. 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. 7. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4183, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 4, GENERAL EMPLOYEES, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA, AMENDING SECTION 24-98, BOARD OF TRUSTEES; AMENDING SECTION 24-101, CREDITED SERVICE; AMENDING SECTION 24-104, OPTIONAL FORMS OF PENSION; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #1 (0737) through (0818) Mr. Laubacker stated that proposed Ordinance No. 00-4183 amends the City's General Employees' Pension Fund by: 1. Reallocating the Board seats based on the number of employees serving at the City's various facilities; and 2. Deleting the Social Security Benefit Option. Mr. Laubacker stated that proposed Ordinance No. 00-4183 provides for reallocation of Board seats for employees from the following facilities: Seat One: Public Works Seat Two: Departments Located at City Hall Seat Three: Departments Other Than Seat One or Two Seat Four: At-Large Seat for any plan member with at least five years of service Mr. Laubacker stated that the Social Security Benefit Option has very seldom been utilized and therefore is being deleted. Mayor Cardamone opened the public hearing. BOOK 46 Page 18852 11/15/99 6:00 P.M. BOOK 46 Page 18853 11/15/99 6:00 P.M. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4183 by title only. Deputy City Manager Schneider, stated that the Administration recommends passing proposed Ordinance No. 99-4183 on first reading. On motion of Commissioner Quillin and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 00-4183 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Pillot, yesi Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. Mayor Cardamone requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during quasi-judicial public hearings, the Commission will be 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 Marion Clarke has qualified as an Affected Person as an owner of property within 500 feet of the proposed construction area; that the recommendation is to allow 30 minutes for the Applicant's presentation and 10 for rebuttal; that the City will have 10 minutes for presentation and 10 minutes for rebuttal; that the individual certified by the Commission as an Affected Person will have 10 minutes to speak and 5 minutes for rebuttal; that other interested persons will have 5 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and for cross examination. Mayor Cardamone stated that the consensus of the Commission is to approve the recommended speaker time limits. 8. PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 99R-1227, TO GRANT G ZONE WAIVER APPLICATION 99-GZW-01 LIMITED TO FIFTY- SIX (56) OFF-street PARKING SPACES OUT OF A TOTAL OF ONE HUNDRED SIXTY-NINE (169) PARKING SPACES REQUIRED BY THE ZONING CODE (1998) FOR THE PROPOSED SARASOTA COUNTY JAIL ANNEX IN THE GOVERNMENTAL USE (G) ZONE DISTRICT; SAID SARASOTA COUNTY JAIL ANNEX TO BE LOCATED ON t 1.80 ACRES ADJACENT TO THE EXISTING SARASOTA COUNTY JAIL AND ABUTTING MAIN STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; SETTING FORTH TERMS AND CONDITIONS FOR THE G ZONE WAIVER; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM IV-B-1(a)) AND PROPOSED OFF-SITE PARKING APPLICATION NO. 99-OSP-05 IS A REQUEST TO APPROVE THE EXECUTION OF A PROPOSED OFF-SITE PARKING AGREEMENT PURSUANT TO SECTION VII-210 OF THE ZONING CODE (1998 EDITION) ; THE PROPOSED OFF-SITE PARKING AGREEMENT WOULD ALLOW 113 OUT OF A TOTAL OF 169 PARKING SPACES REQUIRED FOR THE PROPOSED SARASOTA COUNTY JAIL ANNEX TO BE LOCATED ON A DIFFERENT ZONING LOT FROM THE JAIL WITHIN THE SARASOTA COUNTY PARKING GARAGE ON RINGLING BOULEVARD, AS MORE PARTICULARLY DESCRIBED IN SAID APPLICATION; THE OFF-SITE PARKING AGREEMENT WILL NOT BECOME EFFECTIVE UNLESS THE CITY COMMISSION FINALLY APPROVES G ZONE WAIVER APPLICATION 99-GZW-01 AND SITE PLAN APPLICATION 99-SP-S, ALL PERTAINING TO THE PROPOSED SARASOTA COUNTY JAIL ANNEX - APPROVED (AGENDA ITEM IV-B-1(b)) AND PROPOSED SITE PLAN APPLICATION 99-SP-S, AS RECOMMENDED FOR APPROVAL BY THE PLANNING BOARD, IS A REQUEST TO CONSTRUCT THE SARASOTA COUNTY JAIL ANNEX CONSISTING OF APPROXIMATELY 96,000 SQUARE FEET OF NEW CONSTRUCTION AND APPROXIMATELY 10,000 SQUARE FEET OF RENOVATION OF EXISTING SPACES UPON PROPERTY WHICH IS ZONED GOVERNMENTAL USE (G) LOCATED ADJACENT TO THE EXISTING SARASOTA COUNTY JAIL ON t 1.80 ACRES ABUTTING MAIN STREET WITH A STREET ADDRESS OF 2000 MAIN STREET, AS MORE PARTICULARLY DESCRIBED IN SAID APPLICATION; ACTION TAKEN BY THE CITY COMMISSION ON SITE PLAN APPLICATION 99-SP-S WILL BE SUBJECT TO APPROVAL OF AN OFF-SITE PARKING AGREEMENT (99-OSP-05) AND A G ZONE WAIVER (99-GZW-01), ETC. (APPLICATION NOS. 99-SP-S, 99-OSP-05 AND 99-GZW-01, APPLICANTS SARASOTA COUNTY, AS OWNER AND BARGER AND DEAN ARCHITECTS, INC., AS AGENT FOR SARASOTA COUNTY) - APPROVED (AGENDA ITEM IV-B-1(c)) AND NEW BUSINESS: 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 PARKING STUDY AND AMENDMENT TO INTERLOCAL AGREEMENT BOOK 46 Page 18854 11/15/99 6:00 P.M. BOOK 46 Page 18855 11/15/99 6:00 P.M. PERTAINING TO CONSTRUCTION OF THE SARASOTA COUNTY JUDICIAL CENTER - APPROVED (AGENDA ITEM VII-1) #1 (0854) through #2 (0713) City Attorney Taylor stated that Application 99-GZW-01 as incorporated in proposed Resolution No. 99R-1227 is to grant a Government (G) Zone Waiver limited to 56 off-street parking spaces from the 169 parking spaces required by the Zoning Code (1998) for the proposed Sarasota County Jail Annex in the Governmental Use (G) Zone conditioned on the execution of an Interlocal Agreement concerning a parking study; that the Applicant is Darrell McLain, Barger + Dean Architects, Inc., as agent for the owner, Sarasota County; and referred to a November 15, 1999, letter from Alan Roddy, Assistant County Attorney, to City Attorney Taylor proposing language as follows for inclusion in proposed Resolution No. 99R-1227: This Resolution (Agreement) shall not preclude Sarasota County from later submitting an application for amendment to this Waiver, based on an appropriate analysis of the parking need generated by the Annex. City Attorney Taylor stated that adding the proposed language is acceptable; that the Off-Site Parking Agreement provides for 113 spaces in the County garagei that a request for approval of Site Plan Application No. 99-SP-S for the Sarasota County Jail Annex is presented; that Marion Clarke has filed for status as an Affected Person and is represented by Chris King. Vice Mayor Pillot asked if addressing all three public hearings at once is appropriate? City Attorney Taylor stated yes. Mayor Cardamone stated that the consensus of the Commission is to certify Marion Clarke as an Affected Person and requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Mason stated that two conversations with Raymond Pilon, Vice Chairman, Sarasota Board of County Commissioners (BCC), occurred. Commissioner Hogle stated that BCC Vice Chairman Pilon was contacted by electronic mail and a meeting was held with the County Administrator. Mayor Cardamone, Vice Mayor Pillot, and Commissioner Quillin stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Darrell McLain, Barger + Dean Architects, Inc., Stephen Cork, Executive Director of Public Works, Sarasota County, and Terry Sirianni, Manager, Facilities Construction, Public Works, Sarasota County, came before the Commission. Mr. McLain stated that a traffic study was pérformed indicating no additional traffic burden will occur on Ringling Boulevard or Main Street; that the traffic signalization timing of the traffic light at US 301 and Main Street will be changed; and referred to transparencies displayed on the overhead projector indicating the location, open space, landscaping, floor plans, and elevations of the proposed Sarasota County Jail Annex. Mr. McLain continued that one correction officer will live in each of the two housing units on the floor with the inmates; that the top three floors consisting of 60,000 square feet will house 300 inmates requiring only eight correction officers for operation. Commissioner Hogle asked if the color of the exterior of the proposed Sarasota County Jail Annex will match the color of the Sarasota County Judicial Center? Mr. McLain stated yes. Mr. Cork stated that only 300 beds will be added; that only 15 new staff will be added. Mayor Cardamone asked for clarification of the staffing levels. Mr. McLain stated that the overall staff will be 44 employees; that 15 employees will be present on the day shift. Mr. Cork stated that visitation levels will be maintained. Commissioner Quillin asked for clarification of visiting hours. Mr. McLain stated that visitation is twice daily on Mondays, Tuesdays, Wednesdays, and Thursdays; that only one hour of visitation per week per inmate is allowed. Commissioner Quillin asked if any required extended visitation hours in the future will be during the evenings and weekends? Mr. Cork stated yes. BOOK 46 Page 18856 11/15/99 6:00 P.M. BOOK 46 Page 18857 11/15/99 6:00 P.M. Commissioner Quillin asked if exterior amenities for visiting families will be provided? Mr. McLain stated yes; that the existing courtyard will be preserved; that two gardens will be preserved; that additional landscaping will be installed; that the courtyard will also be used by County Staff. Commissioner Mason stated that visitation during the week is in the evening between 6 and 8 p.m.i that visitation is allowed twice weekly for two hours. Mr. McLain stated that day visitation hours are from 1 to 3 p.m. Mayor Cardamone asked if visitation hours will increase? Mr. McLain referred to a July 13, 1998, letter from Geoffrey Monge, Sarasota County Sheriff, to the Sarasota County Design Team Committee indicating visitation hours per day will not increase at this time. Mayor Cardamone stated that increasing the number of beds with no increase in visitation hours is difficult to understand. Mr. McLain stated that all inmates do not receive visitors; that visitation hours are from 1 to 3 p.m. on Mondays, Tuesdays, Wednesdays, Saturdays, and Sundays and 6 to 8 p.m. on Mondays, Tuesdays, Wednesdays, and Thursdays; that all inmates do not use the amount allowed. Mr. Cork stated that visitation hours could be increased on weekends if necessary. 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 Application No. 99-GZW-01 to waive 56 off-street parking spaces of the 169 parking spaces required by Zoning Code (1998) on the site of the proposed Sarasota County Jail Annex as incorporated in proposed Resolution No. 99R-1227, the Off-Site Parking Agreement, Site Plan Application No. 99-SP-S, and the Interlocal Agreement for the parking study represent a joint effort by the City and County to meet the County's short-term requirements for additional prisoner housing and the long-term requirements of the City and County for adequate parking and traffic circulation; that the Planning Board/Local Planning Agency (PBLP) held a public hearing at its October 13, 1999, Special Meeting, and determined Application No. 99-GZW-01 as incorporated in proposed Resolution No. 99R-1227 is consistent with the City's Comprehensive Plan, and the Standards for Review set forth in the Zoning Code (1998), and recommended Commission approval, subject to Condition A of Section 4 incorporated in proposed Resolution No. 99R-1227 requiring the City and Sarasota County enter into an Interlocal Agreement providing for the following: (1) The undertaking of a parking study by an independent qualified consultant approved by the City and the County, at County's sole expense, to include the following: (a) A chart identifying what governmental offices and users utilize the Sarasota County Parking Garage located at the southeast corner of Ringling Boulevard and East Avenue: (b) A square footage analysis of each user's office space that details the square footage used by the public and the square footage not used by the public; (c) The identification of Sarasota County's plans for future development of governmental uses within the downtown area east of Washington Boulevard (US 301) located within the Central City Future Land use Classification of the Sarasota City Plan (1998), hereinafter referred to as Governmental Use Area"; (d) A listing of all satellite parking lots owned or under the control of Sarasota County, including location, serving all governmental uses of the County within the Governmental Use Area; and, (e) Recommendations as to strategies and the implementation of these strategies so as to accommodate future parking demands for County uses within the Governmental Use Area. (2) A joint meeting of the Commission and Board of County Commissioners shall be scheduled upon conclusion of the parking study to achieve a consensus as to the methods and timing of the implementation of the parking solution recommendations identified in the study. A second Interlocal Agreement shall be entered into between the City and County to provide for the timely implementation of the parking solutions which are mutually agreed on by the City and County. BOOK 46 Page 18858 11/15/99 6:00 P.M. BOOK 46 Page 18859 11/15/99 6:00 P.M. (3) The parking study to be completed within one year from the effective date of the Interlocal Agreement provided for by this section or prior to the filing by the County of any development approval applications for property within the Governmental Use Area, whichever occurs first. Ms. Murphy stated that proposed Resolution No. 99R-1227 also incorporates Condition B of Section 4 providing as follows: The execution of an amendment to the Interlocal Agreement Pertaining to Construction of the Sarasota County Judicial Center dated 1996 to reduce the total number of parking spaces available in the County Parking Garage for parking for the personnel of the City Public Safety Building from 193 to 80 and providing for the extension of the continuing right of use of the County Parking Garage by the City Public Safety Building for public purposes to January 3, 2016. Ms. Murphy referred to the Agenda request for Agenda Item IV-B-1(b) and the draft of Off-Site Parking Agreement included in the backup material indicating the PBLP held a public hearing on Off-Site Parking Agreement Application 99-OSP-05 at its October 13, 1999, Special Meeting, and determined practical difficulties prevented the location of 113 parking spaces required for the Sarasota County Jail Annex on site and a safe pedestrian route between the proposed Sarasota County Jail Annex and the Sarasota County parking Garage, satisfying the Standards for Review for Off-Site Parking established in Section VII-201, Zoning Code (1998); and stated that the PBLP found Off-Site Parking Agreement Application 99-OSP-05 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and recommended Commission approval. Ms. Murphy further referred to the Agenda request for Agenda Item IV-B-1(c) contained in the Agenda material indicating that at its October 13, 1999, meeting the PBLP found Site Plan Application No. 99-SP-S consistent with the City's Comprehensive Plan and the Tree Protection Ordinance and recommended Commission approval subject to the following conditions: 1. The Sarasota County Jail Annex shall be constructed in contormity with Site Plan 99-SP-S, date stamped July 26, 1999, provided that the access drive for the Forensic Laboratory shall be modified sO as to remove the drive from the final approved plan. The revision to Site Plan 99-SP-S to remove the driveway shall be deemed a minor revision which shall not require resubmittal of the Site Plan to the Planning Board. 2. Applicant shall erect and thereafter maintain signs complying with Article VII, Division 1, Zoning Code (1998), as amended, subject to the approval of the Building and Zoning and Planning and Engineering Departments, informing motorists of the off-site parking location and providing pedestrians with the general layout and locations of the applicable facilities. 3. The Site Plan and its associated activities shall adhere to Chapter 29.5 of the City Code (EDCM) 1 and if the scope of any of the activities allowed by the proposal exceeds the minimum threshold requiring adherence to Chapter 29.5 of the EDCM, permits shall be subject to review and approval of the Engineering Department. 4. . The Applicant shall provide a report outlining the proposed solid waste and recycling needs for the complex. This report shall include all users of the dumpsters shown on the Site Plan and shall be submitted to the Planning Department no later than 90 days after the date of final approval of Site Plan 99-SP-S by the Commission. 5. In order to meet the requirements for transportation concurrency, in the event the Signals Retiming Study for US 301 performed by the Florida Department of Transportation (FDOT) requires the optimization of the timing of the traffic signal at the intersection of US 301 and Ringling Boulevard, such retiming shall be completed no more than three years after the issuance of a Certificate of Occupancy for the Jail Annex described in Site Plan Application No. 99-SP-S ("The Traffic Signal Project". In the event the Traffic Signal Project has not been completed by FDOT within three years after the issuance of a Certificate of Occupancy for the Jail Annex, Sarasota County shall implement the recommendations of the Signals Retiming Study for such intersection no later than three years after the issuance of a Certificate of Occupancy for the Jail Annex. 6. The County shall make the parking spaces in the County Parking Garage accessible to the public, including an accessible entrance mechanism. BOOK 46 Page 18860 11/15/99 6:00 P.M. BOOK 46 Page 18861 11/15/99 6:00 P.M. Mayor Cardamone asked for clarification of the following statement from the minutes of the October 13, 1999, PBLP meeting: Mr. McLain stated that the number of public visitors to the jail would not be increased over the present 40 visitors per hour. Ms. Murphy stated that Staff had concerns; that the County indicated more time slots for visitation would be made available if necessary; that typically, a visitor may arrive early or stay later for a visitation so parking spaces would not be fully vacated; that parking requirements are reviewed on the basis of square footage of the facility for a range of uses; that an alternative may be to incorporate a condition requiring additional City review if the number of employees increased or the use changed; that the negotiated number in the Interlocal Agreement of 113 parking spaces rather than the required 169 or the initially requested 30 parking spaces is workable. Mayor Cardamone asked if the City or County will select the consultant to perform the parking study required under the Interlocal Agreement? Ms. Murphy stated that the County has requested Rich and Associates conduct the study; that Rich and Associates performed the Sarasota Memorial Hospital (SMH) parking study. Mayor Cardamone asked if choices were provided in selection of the consultant? Ms. Murphy stated that the County elected to propose one consultant at a time. Mayor Cardamone stated that the SMH parking garage is inadequat ate; that employing the same consultants is not supported. Commissioner Quillin asked if Commission approval will be required to modify the interior of the proposed Sarasota County Jail Annex in the future? Ms. Murphy stated no. Commissioner Quillin stated that a stipulation could be added that Commission approval will be required if the number of beds increases or the use changes. Commissioner Hogle stated that a jail is a unique structure built utilizing unique construction techniques precluding modification without extensive structure changes. Mayor Cardamone requested that the following Affected Person come forward. Chris King representing Marion Clarke and the Christian Science Church, 1243 Starboard Lane (34242), came before the Commission and stated that the scope of the parking study is not understood as no specifics are included; that opening the parking garage to the public is desired; that signage in the parking garage is difficult to understand; that the parking study should address the viability of public use of the parking garage; that the parking garage is a quasi-public facility; that the parking garage does not have an attendant and is not secure; that adequate signage should be provided; that an attendant should be provided; that at least one floor of the parking garage is vacant most of the time; that County Staff parks on the street on a regular basis, taking away public parking and which should not be allowed; that Staff's recommendations are supported; that a question is the reason the County is not required to have a normal traffic study conducted; that other developers would be required to have a traffic study conducted; that parking in the SMH parking garage is difficult; therefore, employing a different consultant is a good idea; that no objection is expressed toward the number of parking spaces; that the key actions required are conducting the parking study, opening the parking garage to the public, and utilizing clear signage; that an objective parking study will indicate recommended locations for signs and the manner in which to manage parking in the area; that additional funds should be provided for an attendant to increase security. Mayor Cardamone requested that other interested persons come forward; and the following interested persons came before the Commission: Rick Liberi, 1810 Morrill Street (34236), stated that the County initially intended to relocate the Sarasota County Jail in a rural area with plenty of room for expansion and away from residential neighborhoods; that residents in the surrounding area did not want the Sarasota County Jail within five or six miles; that City residents may not be as resistant to locating a jail nearby; that Sheriff Monge announced the Sheriff's Department would relocate two weeks after the announcement of locating the proposed Sarasota County Jail Annex downtown; that BOOK 46 Page 18862 11/15/99 6:00 P.M. BOOK 46 Page 18863 11/15/99 6:00 P.M. one of the reasons for locating the Sarasota County Jail Annex was the proximity of the Sheriff's Department; that the. Commission should not enter into an agreement with the County until assuring the Sheriff's Department will remain in the City. Paul Thorpe, Executive Director of The Downtown Association of Sarasota, Inc. (Downtown Association), 1818 Main Street (34236), stated that he served as the City's representative on the board which reviewed the location of the jail; that a wonderful site was selected; however, residents in the surrounding area objected more vocally than downtown residents and merchants; that criteria for selection of a site included future expansion; that parking was never discussed; that future expansion will occur; that the Downtown Association was the only group to appear before the Sarasota Board of County Commissioners (BCC) protesting the location of the Sarasota County Jail Annex in the downtown area; that members of the Downtown Association are concerned about the parking problem; that Sarasota County Jail visitors will take parking spaces on the street which are required by merchants for successful businesses; that County Staff parks in street parking spaces rather than the parking garage depriving the public of parking; that County Staff should use the parking garage which is not currently used to the fullest. There was no one else signed up to speak and Mayor Cardamone requested that the Applicant forward for rebuttal. Mr. Cork stated that the County will cooperate with the Commission in selecting a parking study consultant; that the County is of the opinion 113 parking spaces is a high requirement but agrees to provide 113 parking spaces; that Off-Site Parking Agreement is conservative; that the hope is the parking study will identify the actual parking requirement; that public use of the parking garage has been considered; that methods of providing public use are being reviewed; that the primary purpose of the parking garage is to provide parking for County Staff; that County employees will be advised to use the parking garage and not park on the street; that Police Department Staff should also be encouraged to use the parking garage, which should be used to the maximum capability; that currently parking spaces are available in the parking garage. Mr. McLain stated that Rich and Associates was employed by SMH to correct parking problems and was recommended based on experience. Mayor Cardamone asked the type study Rich and Associates performed for SMH? Mr. McLain stated that a Master Plan to solve parking problems was prepared; however, funds are not available for SMH to implement the Master Plan. Vice Mayor Pillot asked the result if the presented applications and agreements are not approved? City Attorney Taylor stated that denial would be subject to reversal on appeal unless competent, substantial evidence is presented to support the denial; that Site Plan Application No. 99-SP-S incorporates numerous conditions such as making the parking spaces in the parking garage accessible to the public, including an accessible entrance mechanism, erecting and maintaining signs informing motorists of the off-site parking location, and providing pedestrians with the general layout and locations; that modifications to the Sarasota County Jail Annex changing the intensity or density will require proper processing and permitting; that the Interlocal Agreement provides for a joint City/County agreement regarding the selection of the consultant. Vice Mayor Pillot stated that the position of the Downtown Association is supported; however, personal opinion may not represent competent and substantial evidence under the law; that the presentations have been heard; however, the Commission may not have a significant choice; and asked for clarification of the County's position if the requests are denied. Mr. Cork stated that the hope is the City would not deny the requests; however, the County would review available options if the requests are denied. Vice Mayor Pillot stated that asking if the County would consider another site may not be a fair question at this time. City Attorney Taylor stated that locating the jail is not the issue being presented for Commission consideration; that the Commission is being requested to approve certain documents and is guided by the Zoning Code (1998) i that the primary concern is parking; that the Commission must determine if the jail is a uniquely governmental use; that if not, the County cannot quality for the G Zone Waiver; that if SO, a determination must be made if the waiver of 56 spaces is the minimum possible for a reasonable use of the property and will not be injurious to the neighborhood or detrimental to the public welfare; that City Staff has applied the Zoning Code (1998) and determined the appropriate number of parking spaces to waive; that the City's official determination is 169 parking spaces are required with 113 being provided in the BOOK 46 Page 18864 11/15/99 6:00 P.M. BOOK 46 Page 18865 11/15/99 6:00 P.M. parking garage subject to various conditions; that the ultimate issue is the waiver of 56 off-street parking spaces which the County has indicated are not required due to the uniqueness of the use. Commissioner Quillin stated that Staff has indicated different uses and/or occupancies could exist in the future; that as a nearby resident, considerable personal interest exists; that obtaining a parking space on the street during the day is impossible; asked if the City's and County's intent with the traffic study is to remedy some of the traffic problems which are unique to the area under discussion? Mr. Cork asked if traffic or parking is the concern? Commissioner Quillin stated that both traffic and parking are the concerns; that people drive through the neighborhoods in the search for parking spaces; that the traffic is repetitious; that the parking study should consider two issues: 1) a number of commercial buildings as well as the Sarasota County Courthouse exist in the area, creating a unique situation and 2) the County has encouraged the City to agree to a skateboard park and a 5,000- seat amphitheater in the Payne Park Master Plan; that residents of the surrounding neighborhoods including Pelican Street to Ringling Boulevard are concerned; that a task force is working on traffic abatement which is intruding into the neighborhoods; that the Commission has a responsibility to consider quality of life issues; and asked if the various issues presented will be addressed through the study? Mr. Cork stated that a traffic study has been completed and approved by the City Engineering Department; that the plan is to conduct a parking study; that the traffic study could be reviewed again if desired. Commissioner Quillin stated that the area is unique; that the problem may not be traffic but rather circulation to find parking; that the consultant should provide recommendations concerning signage; that daytime and Saturday parking on the street is a problem. Mr. McLain stated that Staff recommended installation of signage at the parking garage providing directions to the Courthouse, the jail, etc; that the County has agreed to install signage. Mayor Cardamone asked the reason the County is responsible for building the jail for the Sheriff. Mr. Cork stated that the County has a responsibility under the Sarasota County Charter to provide facilities for the Sheriff and the Court. Mayor Cardamone asked for clarification of the term "uniquely governmental"? City Attorney Taylor cited Section IV-1706-A, Standards for Review, Government (G) Zone Waivers, Zoning Code (1998), including examples of uniquely governmental uses as follows: fire stations, police stations, sewage treatment plants, pump stations, or similar uses. Vice Mayor Pillot asked if a jail is considered a uniquely governmental use? City Attorney Taylor stated yes. Mayor Cardamone requested that Staff come forward for rebuttal. Ms. Murphy came forward and quoted from the Staff Report as follows: Although in some instances jails may be privatized they are in all cases created to provide a governmental public safety function. Ms. Murphy stated that Staff also had concerns regarding parking in the area; that the Interlocal Agreements allow continuing operation of the Sarasota County Jail while reviewing the parking issues; that the recommendations of the parking study consultant will be presented to a joint meeting of the City Commission and the Sarasota Board of County Commissioners (BCC) i that long-term solutions can hopefully be achieved; that the County's motivation for the parking study is to indicate a reduction from the required 113 parking spaces; that little motivation exists for the County to return to the City to reconsider the parking requirements if the parking study indicates for example 169 parking spaces are required; that the Commission could make a requirement for the County to return to the City to reconsider the parking requirements if desired. Commissioner Quillin stated that the two government agencies provide a service to the community; that knowledge of the specific parking requirements is important to assure quality services are provided. BOOK 46 Page 18866 11/15/99 6:00 P.M. BOOK 46 Page 1886'7 11/15/99 6:00 P.M. Ms. Murphy stated that the Zoning Code (1998) vests the existing parking as meeting the requirements for the County's current use; that the County will be re-examining the parking requirements for existing County buildings. Commissioner Quillin stated that knowing what the parking requirements are is desired to assure quality services can be maintained. Mayor Cardamone requested the Affected Person come forward for rebuttal. Mr. King came forward and asked the following: if a parking study could be conducted encompassing Payne Park, the Sarasota County Health Department, and surrounding areas; the time required for the study; and if the parking garage is currently available for public use? Deputy City Manager Schneider stated that the Interlocal Agreement defines the area to be included in the parking study; that the study will include the area surrounding the County buildings. City Attorney Taylor stated that the Interlocal Agreement provides the parking study must be conducted within one year; however, no building applications for the Sarasota County Health Department building will be processed prior to completion of the parking study; that the timing for the parking study will be driven by the County's requirement to make application for the Sarasota County Health Department building expansion. Deputy City Manager Schneider stated that the parking study should be completed in three to four months. Mayor Cardamone asked if continuing the public hearing to the December 6, 1999, Regular Commission meeting to obtain more information is a problem? City Attorney Taylor stated no. Mayor Cardamone stated that the possibility of the Sheriff's Department moving is a concern; that an answer regarding the Sheriff's Department intentions is requested; that a response is also necessary to the question regarding an increase in the number of beds and no increase of visitors; that the reason the Sarasota County Jail is used for Federal prisoners is requested; that additional recommendations for parking study consultants are also requested. Commissioner Hogle stated that the Sheriff requested approval of construction of the Sarasota County Jail Annex; that no indication has been received from the Sheriff regarding moving the Sheriff's Department; that increasing the number of beds would require building construction requiring the County obtain building permits; that Federal prisoners are housed in the Sarasota County Jail for income; that Federal prisoners may be from other areas of the State and seldom have visitors; that the best consultant should be hired to conduct the parking study; that the Police Department has 300 employees with little parking; that the City requested the County remain downtown some years ago at the time the County was considering moving to Cattlemen Road; that the area is uniquely governmental and includes the Sarasota County Judicial Center, the Police Department, thé Sheriff's Department I and the Courthouse; that the concerns of the Downtown Association concerning street parking are appreciated; that rigid, easy-to- enforce parking restrictions exist if the concerns are related to the Sheriff's Department employees parking on the street; that parking enforcement ofticers can enforce the laws; that a telephone call to the Sheriff will resolve the problem; that a motion approving building the Sarasota County Jail Annex subject to the indicated conditions will be supported. Commissioner Quillin stated that the surrounding neighborhood residents were not happy about locating the Sarasota County Jail downtown; that the County discussed having the City relocate the Police Department to construct the Sarasota County Judicial Center, which would have been an appropriate use of the space; that the traffic in the area is impacting the neighborhood; that a study should consider traffic circulation in the area; that the Courts use the parking garage; that Payne Park will have a skateboard park and a amphitheater capable of seating 5,000; that the court system, the jail and the Public Defender use the parking garage; that the indication is the Sarasota County Health Department is interested in expansion; that all the governmental entities must work cooperatively regarding the parking study, which perhaps should be expanded; however, nothing has been heard to warrant postponing a decision; that good reports have been received from Staff, who has done a good job protecting the public welfare. Vice Mayor Pillot stated that a 5,000-seat amphitheater will probably not be built in Payne Park. Mayor Cardamone stated that no knowledge exists as to a 5,000-seat amphitheater planned for Payne Park. BOOK 46 Page 18868 11/15/99 6:00 P.M. BOOK 46 Page 18869 11/15/99 6:00 P.M. Commissioner Quillin stated that the amphitheater is incorporated in the Payne Park Master Plan which the Commission has directed the Parks, Recreation and Environmental Protection Advisory Board to review. Vice Mayor Pillot stated that the City has no right to control the use of the parking garage which is a County facility or to exercise control over the Sheriff's decisions; that the current Sheriff has no ability to control future Sheriffs; that speculation is not possible; that the questions raised by the Mayor are correct; that the requirement for competent, substantial evidence is an influence; that the additional information concerning the Sheriff's plans for relocating, the increase in beds with no increase in visitors, and the reason the Sarasota County jail is used for Federal prisoners should be received; that a motion to approve the Sarasota County Jail Annex project will be supported. There were no other Commissioner supplemental remarks, and Mayor Cardamone Closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 99-1227 by title only. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to adopt proposed Resolution No. 99-1227 subject to approval of Site Plan Application No. 99-SP-S and Off-Site Parking Application No. 99-OSP-05. City Attorney Taylor stated that the condition included in the November 15, 1999, letter from Alan Roddy, Assistant County Attorney, should also be incorporated. Vice Mayor Pillot, as the maker of the motion, with the approval of Commissioner Hogle, as the seconder, stated that the motion includes the following condition in proposed Resolution No. 99R-1227: This Resolution (Agreement) shall not preclude Sarasota County from later submitting an application for amendment to this Waiver, based on an appropriate analysis of the parking need generated by the Annex. Mayor Cardamone requested City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to adopt proposed Resolution No. 99-1227 subject to approval of Site Plan Application No. 99-SP-S, Off-Site Parking Application No. 99-OSP-05, and the condition included in the November 15, 1999, letter from Alan Roddy, Assistant County Attorney. Motion carried unanimously (5 to 0): Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes. On motion of Commissioner Quillin and second of Vice Mayor Pillot, it was moved to advance consideration of Agenda Item VII-1. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yesi Cardamone, yes. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve authorizing the Mayor and City Auditor and Clerk Robinson to execute the Interlocal Agreement between the City and Sarasota County for the parking study and Amendment to Interlocal Agreement pertaining to construction of the Sarasota County Judicial Center subject to approval of Application No. 99-OSP-05 and 99-SP-S and the condition in the November 15, 1999, letter from Alan Roddy, Assistant County Attorney. Motion carried unanimously (5 to 0): : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone asked if the motion includes an understanding the County will address some of the City's concerns raised during the discussion? Vice Mayor Pillot stated yes. On motion of Vice Mayor Pillot and second of Commissioner Quillin, it was moved to approve Off-Site Parking Application No. 99-OSP-05. 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 approve Site Plan Application No. 99-SP-S. Commissioner Quillin asked if the intent of the motion is to include the six conditions recommended by the PBLP? Vice Mayor Pillot stated that incorporation of the six conditions is inherent in the motion. 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. Mayor Cardamone introduced and recognized Boy Scout Troop 71 from the First Congregational Church on Euclid Avenue. BOOK 46 Page 18870 11/15/99 6:00 P.M. BOOK 46 Page 18871 11/15/99 6:00 P.M. 9. CITIZENS - INPUT CONCERNING CITY TOPICS - REFERRED SECTION 10-41(a) SPEED LIMIT IN CERTAIN AREAS; EXCEPTIONS, SARASOTA CITY CODE (1986 AS AMENDED), TO THE ADMINISTRATION FOR REVIEW AND A REPORT BACK TO THE COMMISSION AND FOR THE ADMINISTRATION TO CONSULT WITH AREA RESIDENTS AS APPROPRIATE #2 (0904) through (1224) Nancy Burns, 3536 Bayou Louise Lane (34242), stated that the City sewer backed up into her home due to City negligence; that no response from the City could be obtained; that retaining an attorney became necessary; that the City will not respond; and distributed copies of an April 8, 1999, letter from Daniel Joy, Attorney, to the City Attorney's Office. City Attorney Taylor stated that the City Attorney's Office will respond on November 16, 1999. James Syprett, 3401 Flamingo Avenue (34242), stated that markers were posted two years ago along a boat channel along the shore of the north end of Siesta Key starting at the Siesta Drive Bridge northbound and joining Big Pass; that the markers clearly identify the sand marker off the shore line and seawalls along the north end of Siesta Key; that the boat traffic and boat speed has increased tremendously; that the resulting wake action against the seawalls rebounds back out into the channel; that the speed of the boats is unregulated; that large boats cause large wakes; that small boats hit the large wakes; that the wakes rebound off the seawalls and create seas confusing to new boaters; that the confused seas have caused many dangerous boat- to-boat conditions, dangerous conditions in the use of docks along the channel, and property damage; and referred to Section 10-41, Speed limit in certain areas, Sarasota City Code (1986 as amended), as follows: (a) It shall be unlawful for any person to operate a boat or watercraft of any kind which is propelled by a motor or engine . within one hundred fifty (150) feet of any shoreline, dock, wharf or bridge within the City at a speed greater than six (6) miles per hour when posted as a speed restricted area. Mr. Syprett stated that the Commission is requested to consider and refer to Staff a request to amend the 150-foot limitation to 500 feet; that 150 feet is insufficient and does not allow adequate width to cover many channels; that the reference to "boat" should be changed to "motorboat" which has been defined in the City Code to include personal water craft; and distributed copies of a proposed motion as follows: we refer City of Sarasota Code Section 10-41 . to City Staff to rewrite the Code Section to change the one hundred fifty feet (150') measurement in Section (a) and (b) to five hundred feet (500') to better accomplish the intended purpose of Section 10-41 and to change the word "boat" in the first line of Section (a) to "motorboat." Mr. Syprett stated that the 500-foot recommendation is derived from Lee County and City of Sanibel ordinances; that the Siesta Key/Bay Island Association is unanimously in favor of implementing a 6 miles-per-hour (mph) speed limit and raising the 150-foot restriction to 500 feet. Vice Mayor Pillot stated that the request is justified; that the speed limit is customarily ignored; that referring the request to Staff is supported; however, increasing the 150-foot restriction is not supported; that Staff review is requested. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to refer Section 10-41, Sarasota City Code (1986 as amended), to the Administration for review and a report back to the Commission and for the Administration to consult with area residents as appropriate. Commissioner Quillin. stated that establishing the 6 mph areas as no wake zones is desired; that the recommendation to change the City Code is appreciated. Mayor Cardamone called for a vote on the motion to refer Section 10-41, Sarasota City Code (1986 as amended), to the Administration for review and a report back to the Commission and for the Administration to consult with area residents as appropriate. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. The Commission recessed at 8:10 p.m. and reconvened at 8:20 p.m. 10. UNFINISHED BUSINESS: DISCUSSION RE: REPORT AND RECOMMENDATION OF THE ADMINISTRATION REGARDING THE GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORPORATION REQUEST FOR FUNDING IN THE AMOUNT OF $292,397.50 FOR THE FISCAL YEAR 1999/2000 - APPROVED FUNDING OF $133,273.16 FROM THE GENERAL FUND PLUS AN ANTICIPATED $27,740 AS CALCULATED AT 9.5 BOOK 46 Page 18872 11/15/99 6:00 P.M. BOOK 46 Page 18873 11/15/99 6:00 P.M. PERCENT OF THE SALES PRICE FOR FOUR NEW OR RENOVATED HOUSES EACH VALUED AT $73,000 FROM THE HOUSING PARTNERSHIP PROGRAM FOR A TOTAL OF $161,013.16 #3 (0000) through #4 (0835) Mayor Cardamone stated that the Greater Newtown Community Redevelopment Corporation (GNCRC) requested funding in the amount of $292,397.50 for fiscal year (FY) 1999/2000 at the October 18, 1999, Regular Commission meeting; that the request was referred to the Administration to determine the exact amount of funding through meetings with GNCRC. Deputy City Manager Schneider stated that the GNCRC gave a detailed presentation of a three-year work plan at the October 18, 1999, Regular Commission meeting; that after discussion, the Commission approved three years of funding for GNCRC and referred to the Administration to determine the exact amount of funding through meetings with GNCRC; and referred to the November 8, 1999, Staff report to the Commission included in the Agenda backup material incorporating Staff's financial analysis. Gibson Mitchell, Director of Finance, and Gregory Horwedel, Director of Neighborhood Development, came before the Commission. Mr. Mitchell displayed a summary of the GNCRC's revised request and Staff's recommendation for funding for the GNCRC on the overhead projector indicating the following: GNCRC Revised Request Staff's Recommendation $225,728.91 $145,669.35 Mr. Mitchell stated that Staff's recommendation includes funding from the Housing Partnership Program (HPP) in the amount of $27,740 calculated as 9.5 percent of the sales price for four new or renovated homes valued at $73,000 each. Commissioner Hogle stated that for the benefit of the viewers, an explanation of GNCRC's request, Staff's recommendation, the differences, and recommendations for alternate funding sources is suggested. Mr. Mitchell stated that Staff reviewed GNCRC's proposed budget; that additional information concerning the intended use of the funds was requested from GNCRC; that Staff's recommendation includes possible reductions from GNCRC's request and alternate funding sources; that the Commission requested an evaluation of GNCRC staff salaries using equivalent starting salaries of City employees as a standard; that the job classification principles of Hay Associates utilized by the City were employed for the salary evaluation; and referred to an October 29, 1999, memorandum from V. Peter Schneider, Deputy City Manager, to David R. Sollenberger, City Manager, indicating the results of the job evaluations as follows : GNCRC Position Title Grade Pay Range Executive Director 21 $38,557 - 59,070 Assistant Director 17 $31,330 - 47,997 Administrative Assistant 10 $23,143 - 35,456 Mr. Mitchell stated that Staff recommends the City reimburse for salaries at the minimum of the salary ranges; however, GNCRC can pay any salary desired; that typically top level salaries are not seen in grassroots operations such as GNCRC; that a City employee advancing to another salary grade would be paid the minimum of the salary range or 5 percent whichever is greater; that the resulting reduction in salary reimbursements including benefits costs is $19,345; that GNCRC's initial request included three employees in the General Administration budget, i.e., an Executive Director, an Assistant Director, and an Administrative Assistant, and one employee, an Assistant Director at a salary of $40,025 including benefits, in the budget for the Main Street program with a proposed budget of approximately $59,000; that additionally, GNCRC proposed an administrative budget of $28,175; that Staff's recommendation is to eliminate one of the Assistant Director positions. Mr. Mitchell continued that GNCRC requested $27,178.36 for the Storefront Renovation Program which Staff recommended would be better administered by the Office of Housing and Community Development (OHCD), thus saving $12,715 in expenses; that GNCRC requested $27,178.35 for Affordable Housing; and referred to a November 5, 1999, memorandum from Donald Hadsell, Director of Housing and Community Development, concerning the HPP which would allow GNCRC to earn a 9.5 percent developer's fee for the construction or rehabilitation of housing or $27,740 assuming a modest $73,000 sales price for each of four new or rehabilitated homes. Mr. Mitchell stated further that GNCRC requested $81,393.35 for the Florida Main Street Program, including $54,215 for operating expenses for the Main Street USA Program and a balance of $27,178.35 for operating expenses of salaries, travel, supplies, BOOK 46 Page 18874 11/15/99 6:00 P.M. BOOK 46 Page 18875 11/15/99 6:00 P.M. postage, telephone, utilities, liability insurance, and advertising; that the $27,178.35 in addition to the operating expenses for the Main Street USA Program is a duplication of effort, expenditures, and personnel; that Staff recommends eliminating the duplication of $27,178.35. Mr. . Mitchell stated that GNCRC has requested $13,589.18 to administer the Urbaculture program; that the City was recently awarded a $200,000 grant from the Environmental Protection Agency (EPA) for redeveloping the Urbaculture site; that the primary contractor for the EPA grant is the Florida House Institute (FHI); that the EPA grant includes funding of $10,000 for GNCRC as a community outreach subcontractor on the project; therefore, GNCRC's request for the Urbaculture project should be funded from the EPA grant, reducing the cost to the General Fund; that GNCRC requested $45,297.25 or 25 percent of the total budget for General Administration; that some of the General Administration operating costs are duplicated in other programs; therefore, Staff recommends eliminating the travel expenses for a savings of $1,250, eliminating the equipment expenses for a savings of $1,500, and reducing the office supplies, duplicating, and accounting expenses by $500 each for a total savings of $4,250 or approximately 10 percent of the total requested; that GNCRC requested $13,589.18, or 7.5 percent of the total budget, for Cultural/Historical Programs for planning four events: Juneteenth, the Dr. Martin Luther King, Jr. Celebration, the Easter Day Parade, and Black History Month; that in the past, the events have been planned and implemented by an ad hoc volunteer organizing committee; that City support for these events has been provided by underwriting the cost of additional police personnel as requested by the organizing committee; that Staff recommends reverting responsibility for planning the events to an ad hoc volunteer organizing committee, allowing GNCRC to focus on providing deliverables for the other programs; that GNCRC originally requested funding for $72,000 in consulting fees and subsequently revised the request to $32,000; that consistent with the Commission's direction, Staff recommends the private sector and foundations provide the expertise to assist GNCRC in development of the programs. Mr. Horwedel stated that the Commission directed Staff evaluation of the proposed GNCRC budget; that the evaluation does not imply a particular program is good or bad; that existing programs may be available for funding. Commissioner Hogle stated that in summary, GNCRC requested $225,728.91 and Staff's recommendation is to fund $145,669.35. Mr. Mitchell stated that is correct; that GNCRC requested approximately $292,000 at the October 18, 1999, Regular Commission meeting and subsequently made minor adjustments. Commissioner Quillin asked the source of funding for GNCRC's request? Mr. Mitchell stated that an appropriation will be required from the unencumbered fund balance of the General Fund; that no funds were budgeted for GNCRC's request. Commissioner Quillin stated that the funds will come from reserves. Mr. Mitchell stated that' is correct. Commissioner Quillin stated that reserves were utilized to keep the operating millage rate at 2.1051 mills; that $26,000 was approved by the Commission for a Web server, which may have come from reserves; asked the status of the reserves? Mr. Mitchell stated that the $26,000 for the Web server was funded by the Enterprise Fund which is administered by the Information Systems and Technology Department (IST) which is separate from reserves; that in July 1999 the Administration advised the Commission the anticipated unencumbered fund balance would be $4,985,000; that at the end of the 1998/99 fiscal year (FY), the unencumbered fund balance was $4,950,000; that the budget adopted in September 1999 for FY 1999/2000 proposes a deficit of $342,828 resulting in an unencumbered fund balance of approximately $4,607,000 or 13.77 percent of expenditures; that funding GNCRC by the amount recommended by Staff would lower the unencumbered fund balance to 13.3 percent. Mayor Cardamone stated that the City historically maintains a reserve fund of approximately $5 million for emergencies and contingencies. Mr. Mitchell stated that a reserve fund of approximately $4 to $5 million has been maintained as the Commission's direction has been not to utilize reserves. Vice Mayor Pillot asked if reducing the Florida Main Street Program by approximately one-third is due to duplication? Mr. Mitchell stated yes; that the duplication is an Assistant Director administering the program at a proposed salary of $40,025 including benefits. BOOK 46 Page 18876 11/15/99 6:00 P.M. BOOK 46 Page 18877 11/15/99 6:00 P.M. Vice Mayor Pillot stated that the Storefront Renovation Program will not be eliminated but rather administered by OHCD. Mr. Mitchell stated yes, as recommended by Staff. Vice Mayor Pillot stated that Staii's recommendation is consistent with GNCRC's request for the Minority Business Development Program; that the majority of funds requested for the Urbaculture program will be available through an EPA grant. Mr. Mitchell stated that GNCRC requested $13,589.13 for the Urbaculture project; that Staff recommends $10,000 of the request be Eunded through the EPA grant administered by the City; that Staff also recommends salaries be funded at the starting rate of the salary ranges; that GNCRC can pay higher rates if desired; that the City is not dictating salary rates. Mr. Horwedel stated that Staff recommends setting the City reimbursement for salaries at the starting wage level for each grade which substantially increases GNCRC's June 1999 wage levels and exceeds the 2.13 percent cost-of-living increase received by City employees for the past year based on the increase in the Consumer Price Index (CPI); ; that limiting salary reimbursements to grade starting wage levels does not prohibit GNCRC from paying higher salaries; however, the difference must come from other sources. Vice Mayor Pillot stated that Staff's recommendation for Affordable Housing of $27,740 calculated as a percentage of the sale of four houses at an estimated $73,000 each is a realistic estimate; asked if the $27,740 represents City funds or if the funds will be received from the 9.5 percent developer's fee? Mr. Horwedel stated the funds will be received from the 9.5 percent developer's fee from the HPP which is provided through State Housing Initiative Partnership (SHIP) funds. Vice Mayor Pillot stated that the $27,740 would not come from the General Fund. Mr. Mitchell stated that is correct; and referred to the November 8, 1999, Staff report as follows: Resulting City funding would be $116,094.90 from the General Fund, with up to $27,740 in HHP funding from the Office of Housing and Community Development. Vice Mayor Pillot asked for clarification of the difference of $9,086.25 between GNCRC's request and Staff's recommendation for General Administration. Mr. Mitchell stated that the difference is the result of recommended funding levels for salaries at the starting wage level and the $4,250 in reductions in travel, equipment, office supplies, duplicating and accounting. Commissioner Quillin asked if an update has been received regarding GNCRC's grant requests from alternate sources? Mr. Horwedel stated no. Commissioner Quillin asked for claritication of the three-year funding requirement for the Florida Main Street Program. Mr. Horwedel stated that Main Street Programs generally require dedicated funding for three years to insure the programs will be continued; that the Florida Main Street Program is an excellent program; that the City should strongly consider funding as the benefits in revitalizing business corridors can be demonstrated. Mayor Cardamone requested clarification of the two levels of Main Street Programs . Mr. Horwedel stated that the GNCRC is an associate member which provides access to technical assistance. Mayor Cardamone asked the funding requirements as an associate member? Mr. Horwedel stated that a three-year commitment is required; that the focus is on implementation; that no benefit is realized if the technical assistance is provided to GNCRC but programs are not implemented as GNCRC is no longer in business. Commissioner Quillin asked if budget guidelines are provided for Main Street Programs? Mr. Horwedel stated yes; that GNCRC agreed to abide by the guidelines by accepting associate membership; that certain travel and training are required for the program to succeed. Commissioner Quillin asked the suggested budget associated with the Main Street program associate membership? BOOK 46 Page 18878 11/15/99 6:00 P.M. BOOK 46 Page 18879 11/15/99 6:00 P.M. Mr. Horwedel stated that GNCRC's request is reasonable in comparison to other programs. Commissioner Quillin asked the number of Main Streets being assisted each year? Mr. Horwedel stated that 60 Main Street Programs exist in Florida; that 5 are added each year. Commissioner Hogle referred to a report titled Economic Development Plan 1999 - 2002 received from the GNCRC indicating the following Project Scope and Objectives: To develop decent and affordable housing for owners and renters. To develop economic vitality through Storetront Renovation, Minority Business Development, the Urbaculture Project, and Florida Main Street Program. To promote community pride through Historical Preservation, Community Festivals, and Tourism Development. To facilitate Job Development and Career Training for low-income residents. To create a more beautiful, safe place for living/work. Commissioner Hogle stated that deliverables are also indicated in the report for each program and asked if the City can use the deliverables as measurable objectives for the upcoming year or if further development is required to assure measurable objectives have been accomplished? Mr. Horwedel stated that the indicated deliverables can form the basis for the measurable objectives; however, the expectations and specific deliverables should be defined in a contract document; that in FY 1998/99, GNCRC was requested to develop a scope of work and deliverables; that most of the deliverables were accomplished. Deputy City Manager Schneider stated that progress should be reviewed by July 1, 2000, to assure incorporation of any funding request in the FY 2000/01 budget process. Mayor Cardamone stated that considering GNCRC's request outside the budget process is a concern. Mr. Horwedel quoted the November 8, 1999, Staff report as follows: the Administration recommends that the City reimburse the Greater Newtown Community Redevelopment Corporation in the amount of $116,094.90. Further, we recommend payments be made on a quarterly basis in the amount of $29,024. Mr. Horwedel stated that the GNCRC will submit monthly reports concerning the progress of each program; that subsequent payments will be issued only after receipt and approval of the reports by the Commission. Commissioner Quillin stated that Staff is commended for the excellent report; that Staff has assisted in prioritizing the focus for GNCRC; that the program for granting City funding to GNCRC in FY 1998/99 lacked structure. Mayor Cardamone stated that the program was for one time only. Commissioner Hogle stated that measurable objectives should be established. Mr. Horwedel stated that Staff has identified programs which can fund particular work items; that developing the scope of work items should not take considerable time; that the November 8, 1999, Staff report was intended to evaluate and report back to the Commission; that specific work items can be developed and reported back if desired. Mayor Cardamone stated that the Commission has the right to eliminate a specific program if the Commission is funding GNCRC; that for example, the Commission could indicate the City has a mechanism to provide affordable housing and, therefore, GNCRC should utilize the existing program. Mr. Horwedel stated that is correct; that deciding which items to fund is within the Commission's purview; that Staff has provided options. Commissioner Quillin stated that GNCRC may be concerned about the reduction in salary levels; however, the City and GNCRC should be partners; that the City's responsibility is to guide as taxpayer funds are being utilized; that affordable housing can be accomplished through OHCD, allowing GNCRC to focus on Minority Business Development which is not done by the City but which is part of the concept of redevelopment; that reliance is placed on Staff as professionals to assure achievement of objectives; and asked the manner in which the Enterprise Zone will interface with the GNCRC's programs? BOOK 46 Page 18880 11/15/99 6:00 P.M. BOOK 46 Page 18881 11/15/99 6:00 P.M. Mr. Horwedel stated that the Sarasota Board of County Commissioners (BCC) has been requested to respond to the question of a joint Enterprise Zone to include the Newtown area by November 25, 1999; that the local legislative delegation should be approached by early December 1999 for consideration in the next Legislative session; that a Department of Commerce grant is also being explored to provide funding for the revitalization of Newtown; that other funding mechanisms may be available; that GNCRC's participation in the HPP will provide valuable expertise in housing development and a continuing long-term funding source. Mayor Cardamone stated that GNCRC should undertake the Minority Business Development Program, the Florida Main Street Program and be involved in affordable housing; that the City can administer Storetront Renovation, eliminating salaries and expenses. Commissioner Hogle stated that Staff's recommendations are supported; that an expression of appreciation and interest in working with the City would be an appropriate response. Mr. Horwedel stated that the City should work with GNCRC as a partner. Commissioner Quillin stated that establishing a program for neighborhoods in FY 2000/01 is an interest; that each City neighborhood is different and has specific requirements. Mr. Horwedel stated that a workshop should be conducted to address neighborhood programs during the FY 2000/01 budget process. The following people came before the Commission: Gloria Besley, 3196 Crystal Lakes Court (34235), stated that Newtown is a concern; that 25 years in 38 cities and 20 states have been devoted to community development; that GNCRC is a new corporation attempting to revitalize Newtown which has not previously received non-profit support and which should not be ignored; that a partnership between the City and a non-profit organization is required; that the Sarasota County Jail will be expanded to house 300 inmates; that Newtown has 3,000 residents; that the Sarasota County Jail will cost significantly more than GNCRC has requested; that people should have a decent community in which to live; that the funding GNCRC has requested is not enough to develop the community; that City involvement is required to develop a partnership; that providing inadequate funding is setting the organization up for failure; that the City should assure success. Commissioner Quillin asked Ms. Besley's occupation? Ms. Besley stated that her occupation is as a tax accountant; that previous occupations in the City include a Community Development Account Executive for a bank and a large organization; that prior to relocating to the City, occupations included a private-practice Certified Public Accountant (CPA) business, a real estate franchise, community development, and business development. Commissioner Quillin asked the hours volunteered with GNCRC? Ms. Besley stated that an average of 20 hours per week are volunteered; that volunteer work is performed at the Heart Association, the Lupus Foundation, and the J.H. Floyd Sunshine Manor; that volunteer work is also performed for Junior Achievement one day per week; that assistance has been provided GNCRC as time permits. Commissioner Mason stated that Ms. Besley assisted the Newtown Neighborhood Association before the GNCRC was organized; that Ms. Besley is assisting the Friends of the North Library and is involved with the Newtown community. Cynthia Porter, 600 47th Street (34234), Executive Director, and Fredd Atkins, 1598 Second Street (34234), Vice President, GNCRC. Ms. Porter thanked all supporters and the Commission for the consideration and stated that GNÇRC's desire is to perform a quality job of actions requested by the Commission and the Newtown community; that more than $145,000 is required to accomplish the required redevelopment of Newtown; that failure is not desired; that inadequate time for performance of an assignment does not allow for thoroughness; that the desire is to perform a task of which the Commission will be proud; and thanked Staff for the work and the recommendations. Mr. Atkins stated that the relationship with the Commission and the Administration is more cordial than in the past; that a cordial relationship is vital to recoveryi that the responsibility for recovery is incumbent on the Commission and the Administration; that a working partnership rather than an adversarial situation is desired. BOOK 46 Page 18882 11/15/99 6:00 P.M. BOOK 46 Page 18883 11/15/99 6:00 P.M. Vice Mayor Pillot asked which programs would be lost in whole or in part if funding is not approved? Ms. Porter stated that State Housing Initiatives Partnership (SHIP) funds are available for affordable housing; however, three buyers must be identified and financially qualify for each house constructed, which is difficult; that affordable housing should be developed in Newtown; that the Florida Main Street Program currently has no administrator; therefore, the Executive Director and other GNCRC Staff are currently performing the work; that GNCRC brought a cohesiveness and sense of professionalism to the cultural and historical activities in Newtown; that volunteer committees do not provide the same level of quality for all programs; that GNCRC has a contract with FHI to provide deliverables concerning the Urbaculture project. Commissioner Quillin asked the status of the approximately 150 GNCRC grant requests? Ms. Porter stated that some grants were not received; that some grants are pending. Commissioner Quillin asked for clarification of the contract concerning the Urbaculture program. Ms. Porter stated that the contract was written by FHI; that GNCRC has not signed the contract; that the grant included deliverables required of GNCRC. Mayor Cardamone asked the required deliverables? Ms. Porter stated that providing instructional classes concerning planting, sustainability, and education for home buyers are a few of the deliverables. Commissioner Quillin stated that Keep Sarasota Beautiful (KSB) has applied for a $1 million grant, which includes funds for administration; that GNCRC should be a partner with KSB. Ms. Porter stated that GNCRC is involved with KSB. Commissioner Quillin stated that the previous agreement between the City and GNCRC provided the City will be recognized as a partner on printed material; that an invitation was received to attend the groundbreaking of the Urbaculture project; that the brochure for the groundbreaking did not indicate GNCRC, FHI, or the City as sponsors. Ms. Porter stated that GNCRC did not generate the brochure. Commissioner Mason asked for clarification of the following deliverable included in the Florida Main Street Program in GNCRC's Economic Development Plan 1999 - 2002: 2. Organizational and Community Buildouts Ms. Porter stated that technical assistance will be provided to assist in organizing GNCRC's Board of Directors to assure programs are implemented. Commissioner Mason asked for Clarification of the following deliverables under Historical Preservation, Community Festivals, and Tourism Development: : 2. Progress reports from GNCRC Tourism Committee as to the identification of a large-scale annual event. 3. Progress reports from the Newtown Mural Garden Board meetings. Ms. Porter stated that the Newtown Mural Garden Board is associated with the artist and Ringling School Instructor, John Sims; that the Tourism Committee is working on development of a community image for Newtown. Commissioner Quillin asked if GNCRC is interacting with the City's Public Art Committee. Mr. Atkins stated that Mr. Sims initiated contact with the GNCRC to establish a partnership. Commissioner Quillin asked if the Public Art Committee should be involved? Mr. Atkins stated that the project has not developed to the point of contacting the Public Art Committee; that representatives of the geographical area were contacted first; that the interest is for a project which is Afrocentric in nature. Mayor Cardamone stated that Mr. Sims desired a large piece of property on which to build a wall-type garden. Commissioner Mason stated that Mr. Sims is attempting to secure community support for the project; that the Public Art Committee will be contacted; however, no reason exists to initiate BOOK 46 Page 18884 11/15/99 6:00 P.M. BOOK 46 Page 18885 11/15/99 6:00 P.M. involvement with the Public Art Committee if the community does not approve the project concept. Pauline Hodges, 1751 Dr. Martin Luther King, Jr. Drive (34234), Executive Director, Project Challenge, and GNCRC Board Member, stated that an amicable relationship and continued cordial relationship with the Commission is desired; that the objectives are competent pertormance and accountability by GNCRC; that Project Challenge performs hands -on, community-Dased services; that Project Challenge is under the umbrella of and a partner with GNCRC; that assistance has been provided to over 300 people a day in an office with a small staff; that deliverables and measurable objectives of accomplishments are provided; that the County provides Project Challenge with measurable objective programs which can be followed; that the social problems in the Newtown community are heart breaking; that enhancing redevelopment, housing, etc., are being discussed; that salaries, training, and the lack of skills and education are concerns; that the community would not have crime or juvenile crime and the killings in Newton would be at a different level if the City had taken advantage of opportunities to provide necessary services; that GNCRC looks forward to working with the Commission again. Mary Ciner, 7102 Point of Rocks Circle (34242), stated that expending tax dollars on salaries is not supported; that expending tax dollars on programs is supported. Michael Saunders, 1801 Main Street (34236), stated that the contentious nature of the Commission causes embarrassment and humiliation as a businessperson; that the Newtown community is not functioning properly; that GNCRC's requested budget has been reviewed; that time has been personally volunteered to work in Newtown; that meetings of the Urbaculture project have been attended; that no funding was previously received by GNCRC for the work associated with the Urbaculture project; that nit-picking and bean counting is observed; that people and a community should be considered; that people are desperate to find a solution to redevelop a community; that $145,000 or $14 million may not be adequate to rehabilitate the community; that Staff is not assisting GNCRC with projects or programs; that Staff met with GNCRC once concerning the initial request; that considerable work must be accomplished; that GNCRC is trying with heart and hope; that the average income in Newtown is $13,000; that the Commission desires to hold GNCRC accountable; that the wisdom of decimating the programs for accountability is questioned; that nothing should be funded as $145,000 is insufficient to accomplish the objectives; that a budget should be developed for specific purposes; that results should be measured to determine future funding; that the GNCRC budget request is a three-year program; that Staff's recommendation is a wonderful way for the City to save a considerable amount in years two, three, and four, as success will not be achieved in year one; that doubling GNCRC's request and holding GNCRC accountable to measurable results should be considered; that Staff should work with GNCRC; that the salary required to accomplish performance should be paid; that GNCRC cannot obtain a 9.5 percent developer's fee until the loans are funded; that loans cannot be funded until qualified buyers are identified; that Newtown is the City's community; that the City is addressing GNCRC as an adversary; that the budget request should be doubled. Commissioner Hogle stated that Ms. Saunders' argument should be presented to the business and residential communities to obtain assistance; that the City has provided assistance; that only one businessperson is providing pro bono consultation for GNCRC. Ms. Saunders stated that members of the business community have been working with GNCRC; that GNCRC was counseled to reduce the 150 grant requests; that GNCRC was frantic to bring in grants as the City's charge was no additional funding will be provided until other sources of funding are obtained; that making application for 150 grants is excessive; that personal time and money have been expended; that the business community is not personally being represented; that more of the business community will be involved; that personal involvement will continue; that GNCRC cannot be held accountable unless adequate funds are provided. Eric Johnson, 212 Amherst Avenue (34232), stated the Commi ission's support is appreciated; that seeing Newtown turn around is desired; that Ms. Saunders' support is appreciated; that The Argus Foundation's and Gateway 2000's support is appreciated; that reducing the budget request is a concern; that the $73,000 price for affordable housing is not realistic, accurate or feasible; that the Florida Main Street Program is exciting; that - a three- year commitment is required for designation; that the program offers design, promotion, economic restructuring, etc.; that the associate program is a one- -year commitment; that upon re- application, the program will be a three-year commitment with several consulting services each year along with a $10,000 grant; that a person should be dedicated to coordinating the Main Street Program; that GNCRC staff has been working hard, long hours; that the City's support is required; that the more the City supports GNCRC, the more can be produced; that reconsidering the funding amount will be appreciated. BOOK 46 Page 18886 11/15/99 6:00 P.M. BOOK 46 Page 18887 11/15/99 6:00 P.M. Jetson Grimes, 2741 N. Osprey (34234), thanked the Commission and stated that the Commission's support is appreciated; that volunteerism is difficult to obtain; that payment is required for service and accountability; that GNCRC was interested in administering the Affordable Housing Program rather than City Staff as the GNCRC staff is closer to the people in need of housing; that obtaining workers without a guaranteed salary is difficult; that no funding for a program creates difficulty in implementing the program; that guaranteed salaries will promote progress in the community. Bruce Franklin, 149 Cocoanut Avenue (34236), stated that the transformation of the Newtown community as citizens come together to focus on a set of problems is almost unprecedented; that work has been personally performed in the Newtown community, most often on a pro bono basis; that the development of a great opportunity is being observed for the first time after 20 years of working in the City; that personal assistance has been extended to the Sarasota County Educational Assistance Program (SCEAP), Goodwill Industries and other programs in Newtown; that an opportunity is presented for public dollars to leverage private dollars; that a greater outpouring of support from the private sector for a public sector initiative has never been observed; that an objective is to broaden the base of private sector support, enhance personal support, and generate excitement for the opportunity presented; that a higher level of enthusiasm and commitment at the Staff level is desired; that Staff did the assignment well and brought forth good recommendations; that the private sector views the funding as an opportunity for the community which is wonderful; that the Commission's support in the fullest possible manner is requested. Linda Holland, 617 Gillespie Avenue (34236), stated that Staff's recommendation is fair and reasonable; that many people in the community have performed untold hours of volunteer work for many years, have accomplished many things, have never been paid, and never will be paid; that areas requiring redevelopment including Newtown are personally supported; that many neighborhoods would be very pleased with the level of Commission funding and support as recommended by Staff; that following Staff's recommendations is suggested. Mayor Cardamone asked the price of newly constructed homes at the time the Leon Avenue neighborhood was redeveloped? Ms. Holland stated that the Community Housing Corporation began developing homes in the Gillespie Park neighborhood at approximately $64,000; that the homes in the Leon Avenue neighborhood were approximately $68,000 to $72,000. Mayor Cardamone stated that Staff's use of $73,000 as a figure for affordable housing was disputed as higher than practical. Commissioner Quillin stated that the City's commitment to the Leon Avenue neighborhood was to clear a slum; that the City bought property, razed buildings, and made the property available for community housing; that the cost of the lots was negligible; that Habitat for Humanity using unconventional funding has built homes for $40,000 to $50,000; that the $73,000 figure is not unreasonable. Vice Mayor Pillot stated that Newtown is a unique community with unique needs which are greater than other referenced neighborhoods; that personal involvement with Newtown has occurred; however, not being a part of the Newtown community means the community's requirements are not understood as well as by the residents; that the Commission has been presented with the leadership, the knowledge of the community, the experience in the community, and the dedication to the community which can only come from the community; that people have come before the Commission in the last year to show the determination through GNCRC to accomplish long required improvements; that at an earlier meeting, the word "hope " was used several times, which is important; that the accomplishments are yielding never previously observed confidence and hope by the people living in the community; that optimism for the revitalization of Newtown exists for the first time in 36 years; that the revitalization of Newton can and will be accomplished through the leadership, the knowledge, the experience, and the dedication of the people who have come before the Commission; that losing the accomplishments achieved to date is not desired. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve funding in the amount of GNCRC's request of $225,728.91. Vice Mayor Pillot stated that the Administration is commended for following the Commission's directive; that the evaluation was prepared responsibly in following the Commission's directive; that the motion against Staff's recommendation does not diminish respect for the recommendation. BOOK 46 Page 18888 11/15/99 6:00 P.M. BOOK 46 Page 18889 11/15/99 6:00 P.M. Commissioner Mason agreed and stated that GNCRC should be held accountable in any contract; that funding will not be provided for the next year if the accountabilities are not met. Mayor Cardamone stated that Staff's recommendation is for a quarterly accounting. Commissioner Hogle stated that the motion cannot be supported; that Staff's recommendation is supported; that granting GNCRC staff salary increases which are out of proportion with City Staff is unfair regardless of GNCRC's expertise; that many City employees have high levels of education and expertise as good or better than GNCRC staff; that GNCRC staff is highly respected; that GNCRC previously requested $72,000 for consulting services; that the business community is challenged to be led by Ms. Saunders to offer consultation by donation of service or allow the business community to pay any consultants. Commissioner Quillin stated that the motion is not supported; that Staff did not scale back the GNCRC budget but rather provided a focus; that Sandra Terry has worked hours and years in the redevelopment of the Nokomis community on a volunteer basis; that volunteer work has been personally pertormed for years; that insisting on providing salaries is a concern; that every neighborhood should participate and cooperate; that hours have been personally devoted to Newtown; that the programs will be supported; however, the current motion does not contain adequate direction or guidelines. Vice Mayor Pillot stated that GNCRC salaries should not be greater than the equivalent of City employees. Vice Mayor Pillot, as the maker of the motion, with the approval of Commissioner Mason, as the seconder, modified the motion to subtract the amount of $19,345, the difference in requested and recommended salaries and payroll taxes, to result in an amount for funding of $206,383.91. Commissioner Hogle stated the motion could be supported if consultants' fees are not included. On motion of Commissioner Quillin and second of Vice Mayor Pillot, it was moved to call the previous question. City Auditor and Clerk Robinson stated that a two-thirds affirmative vote is required. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone called for a vote on the motion to approve funding of $206,383.91 for GNCRC. Motion failed (3 to 2) : Hogle, noi Mason, yes; Pillot, yes; Quillin, no; Cardamone, no. On motion of Commissioner Hogle, it was moved to approve funding of $145,669.35 including $27,740 as calculated at 9.5 percent of the sales price for four new or renovated houses valued at $73,000 each as recommended by Staff. Motion died for lack of a second. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve funding for the Greater Newtown Community Redevelopment Corporation (GNCRC) in the amount of $116,094.90 from the General Fund as recommended by Staff plus an additional $3,589.13 as requested by GNCRC for expenditures related to the Urbaculture project and $13,589.13 as requested by GNCRC for expenditures related to Cultural/Historical activities for a total of $133,273.16 from the General Fund plus an anticipated $27,740 as calculated at 9.5 percent of the sales price for four new or renovated houses each valued at $73,000 from the Housing Partnership Program for a total of $161,013.16. Vice Mayor Pillot stated that relying on volunteers is difficult; that the Urbaculture and Cultural/Historical programs are important to the community; that the programs are a portion of the community's confidence and hope; that the City's reserve fund is respectable; that the $13,589 can be retained by GNCRC as a reserve fund if volunteers can be obtained for the Cultural/Bistorical programs; that use of volunteers is encouraged; however, the funds will provide the assurance the programs will be implemented; that any funds saved could assist by providing GNCRC a small, reasonable contingency. Mayor Cardamone called for a vote on the motion. Motion carried (3 to 2): Hogle, yes; Mason, yes; Pillot, yes; Quillin, no; Cardamone, no. Deputy City Manager Schneider stated that Staff will bring back an agreement with measurable objectives on the Consent Agenda with the permission of the Commission. Mayor Cardamone stated that hearing the Commission's agreement, the contract with GNCRC including measurable objectives will be BOOK 46 Page 18890 11/15/99 6:00 P.M. BOOK 46 Page 18891 11/15/99 6:00 P.M. presented on the Consent Agenda and can be pulled for discussion if desired; that the expectation is Staff will work with GNCRC. 11. UNFINISHED BUSINESS: DISCUSSION RE: RE-OPENING LEMON AVENUE MALL (FORMER MAIN STREET DEPOT SITE) - REFERRED THE POSSIBILITY OF IDENTIFYING INTERIM PROJECTS IN COOPERATION WITH THE DOWNTOWN ASSOCIATION TO THE ADMINISTRATION WHILE THE RFP IS BEING EXPEDITED (AGENDA ITEM VI-2) #4 (0822) through (1687) Mayor Cardamone stated that the lack of activity at the Lemon Avenue Mall is a concern; that the West End Bar & Grill at the north end of the Lemon Avenue Mall previously provided some night life and activity but has now closed; that an appeal was made to the Downtown Association of Sarasota, Inc. (Downtown Association), to conduct some activities on an temporary basis while the update of the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (Community Redevelopment Agency Master Plan) is being prepared; that the CRA Master Plan will provide guidance and direction; and referred to a November 10, 1999, letter to the Mayor Cardamone and City Manager Sollenberger from Patricia Richmond, President, and Paul Thorpe, Executive Director of the Downtown Association, indicating partnership possibilities to provide activities for approximately six months. Commissioner Quillin quoted from the November 10, 1999, letter as follows: We are pleased to respond to your request . Commissioner Quillin stated that a request at the Commission table is not recalled; and referred to the minutes of the April 19, 1999, Regular Commission meeting as follows: On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to - reissue an RFP and to ask the City Manager and City Attorney to invite and arrange to seek resolution on the remaining points of contention with Cafe Kaldi. Motion carried (4 to 1): Hogle, yes; Mason, yes; Pillot, yes; Quillin, no; Cardamone, yes. Commissioner Quillin stated that the Request for Proposal (RFP) was to be issued coincidentally with the quiet title action by the City; that the quiet title action has been resolved; that the City owns the property; that Staff was to develop an RFP for Commission review; that requesting the Downtown Association's assistance is not recalled. Mayor Cardamone stated that the request developed as a result of discussions concerning temporary activity at the Lemon Avenue Mall with the Administration; that an operator would not be identified for several months even if the RFP were distributed immediately; that the intent was to arrange for interim activities; that the Commission has discussed the lack of activity at the Lemon Avenue Mall; that the request was to place the item on the Agenda, which every Commissioner is entitled to do. City Attorney Taylor referred to the attachment to the November 10, 1999, letter indicating the City should deem the property exempt from the noise ordinance; that an exemption is not recommended. Mayor Cardamone agreed and stated that the Commission can refer the issue of arranging interim activities to Staff if desired. City Attorney Taylor stated that a properly structured agreement would be required even for activities on an interim basis. Mayor Cardamone agreed. Commissioner Quillin stated that the building should be pressure cleaned; that the Saturday Farmers' Market is successful; that the building has been visited and is not safe enough for food service or activation of the equipment; that information concerning functions and area sites could be distributed from the building, which could function as a kiosk. City Attorney Taylor quoted from the November 10, 1999, letter as follows: The City of Sarasota will: - Thoroughly clean the facility including the restrooms and grease traps. Test all equipment and assure that it is in working order. Replace equipment not in working order and guarantee equipment replacement for the term of the lease . Treat the site for pests and provide necessary extermination. BOOK 46 Page 18892 11/15/99 6:00 P.M. BOOK 46 Page 18893 11/15/99 6:00 P.M. City Attorney Taylor stated that numerous obligations are created which should be subject to serious negotiations. Mayor Cardamone agreed and stated that the request is for the Commission to take some action to promote activity on weekend nights. Commissioner Hogle asked the status of the RFP? Deputy City Manager Schneider stated that a draft RFP has been prepared; that the RFP has been slowed to coincide with the completion of the CRA Master Plan update. Mayor Cardamone stated that considering the use of the Lemon Avenue Mall will be included in the CRA Master Plan; that waiting to determine the community's wishes makes sense; that activity at the Lemon Avenue Mall is not a primary interest; however, some activity is desired; that the City can decline to undertake some of the suggested obligations. Commissioner Quillin stated that undertaking activities involving the food service equipment which is not in good shape will not be supported. Vice Mayor Pillot stated that the request is good and constructive; that the response from the Downtown Association with the exception of the suggested exemption of the noise ordinance is constructive; that the commitment to distributing an RFP should be followed. The following people came before the Commission: Chris Keesecker, 1762 Prospect Avenue (34239), representing Cafe Kaldi, stated that most issues concerning the Lemon Avenue Mall have been previously discussed; that the RFP process should be followed; that the settlement of outstanding items as indicated in the April 19, 1999, motion has not yet occurred; that the interest of the Downtown Association and the City in activities at the Lemon Avenue Mall is appreciated; that business has dropped off dramatically at Cafe Kaldi, especially during weekend nights; that the RFP process is important; that Cafe Kaldi remains a good choice for the Lemon Avenue Mall at a future date upon issuance of the RFP; that RFP respondents will be required to go through a stringent process. Mayor Cardamone stated that any activity would be strictly on an interim basis; and asked the length of time required for an RFP and development of a contract. Deputy City Manager Schneider stated that RFPS are generally advertised for 30 to 45 days; that RFP responses can be evaluated in approximately one week; that presentations to the Commission would extend the process by several weeks. Mayor Cardamone stated that a consultant for the CRA Master Plan update is also being sought. Pat Richmond, 2726 Darwin Avenue (34239), President, and Paul Thorpe, Executive Director of the Downtown Association. Mr. Thorpe stated that a problem exists at the Lemon Avenue Mall; that the problem was created by the City; that the Downtown Association indicated an interest in helping resolve the problem in a partnership with the City through funding and clean-up efforts; that exploring the possibility of a tenant could also be explored; that the Downtown Association is not interested in running the business; that finding volunteers is difficult; that the Downtown Association, a volunteer organization, was interested in helping the City and the community; that the facility is not being maintained and is terrible; that a cooperative effort to clean up the facility and make useable is desired; that visitors to the City from all over the world see the Lemon Avenue Mall vacant all week long; that the Farmers' Market is only open one half day; that the downtown merchants are concerned about the Lemon Avenue Mall; that the Commission should also be concerned; that the Downtown Association is willing to help but does not have the funds or the staff; that the November 10, 1999, letter incorporates suggestions for consideration by the City. Commissioner Quillin stated that the Lemon Avenue Mall should be active and available for businesses for food service wagons, for example; that the public restrooms should be opened; that the interior of the facility requires steam cleaning; that making a significant investment of Eunds prior to completion of the RFP is not supported; that some downtown merchants may be interested in food service carts. Mayor Cardamone stated that food service carts do not improve the ambiance of music on Friday and Saturday evenings. Commissioner Quillin stated that serving alcohol at the Lemon Avenue Mall will not be supported. BOOK 46 Page 18894 11/15/99 6:00 P.M. BOOK 46 Page 18895 11/15/99 6:00 P.M. Mayor Cardamone stated that the effort is to initiate some activity; that serving beer and wine may be necessary to make a profit. Mr. Thorpe stated that the Downtown Association will not undertake the task but will help if desired; that discussions have been held with individuals who are now interested since the entire block is empty. Mayor Cardamone stated that the problem is more critical due to the absence of activity on the north portion of the Lemon Avenue Mall. Commissioner Mason stated that activity is desired; however, the list of City requirements in the November 10, 1999, letter may not be supported; that the efiorts of the Downtown Association in advancing a recommendation for interim activity is applauded; that the April 19, 1999, motion was supported with the intent to begin the RFP process again; that the RFP should move forward; that some activity on an interim basis should be considered. Commissioner Hogle agreed and stated that the Downtown Association previously made an attempt to initiate some activity, which was an indication of community support; that the City and the Downtown Association should work together to accomplish some result; that money is always an issue; that the bathrooms should be open. Mr. Thorpe stated that the Downtown Association will assist in finding an operator and in assisting the operator. Commissioner Quillin stated that the previously issued RFP was inadequate. Mr. Thorpe agreed; that the RFP was poorly coordinated. Commissioner Quillin stated that better direction can now be provided; that having the Downtown Association work with Staff in developing the RFP would be helpful to assure the type of ambiance desired is obtained; and asked if having the kiosk or food service carts during the holiday season and during the RFP process is desired? Mayor Cardamone stated that the RFP process is approximately 90 days; that some building and clean up will be required; that the CRA Master Plan update may result in a different vision for the Lemon Avenue Mall; that the possibility of interim activities at the Lemon Avenue Mall can be set aside if desired. Mr. Thorpe stated that the opportunity to talk to the Commission is appreciated. Vice Mayor Pillot stated that all five Commissioners have indicated the RFP process should continue for a long-range, permanent installation; that identifying good interim projects is supported and should be referred to the Administration to work with the Downtown Association. Ms. Richmond stated that the Downtown Association is a volunteer organization, which is the reason for presenting the wish list in the November 10, 1999, letter; that opening the Lemon Avenue Mall is consistent with the mission of the Downtown Association; that an effort should be made to provide activities at the Lemon Avenue Mall; however, the Downtown Association does not have the human or financial resources. Vice Mayor Pillot stated that the hope is the Downtown Association is willing to work with the Administration to help advise and locate interim projects. Commissioner Quillin stated that the hope is also the Downtown Association will help with the RFP. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to refer the possibility of identifying interim projects in cooperation with the Downtown Association to the Administration while the RFP is being expedited. Commissioner Quillin stated that the Downtown Association should work with Staff concerning the wording of the RFP. Vice Mayor Pillot stated that the Administration should make the decision. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yesi Pillot, yes; Quillin, yes; Cardamone, yes. 12. NEW BUSINESS: APPROVAL RE: SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 99-4173, WHICH WILL IMPLEMENT NEW STATE LEGISLATION RELATING TO CODE ENFORCEMENT (TITLE ONLY) - SET FOR PUBLIC HEARING (AGENDA ITEM VII-2) #4 (1687) through (1740) BOOK 46 Page 18896 11/15/99 6:00 P.M. BOOK 46 Page 18897 11/15/99 6:00 P.M. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 99-4173 amends Chapter 2, Article V, Division 5 of the Zoning Code (1998) relating to code enforcement; that the State legislature has authorized municipalities to adopt changes which will strengthen local code enforcement systems; that at its September 7, 1999, Commission workshop, the Commission by consensus directed Staff to prepare changes implementing the new legislation; that the major revisions in the new ordinance include specific procedures for notice of violations, the ability to impose costs for correction of violations, having existing notices apply to new owners, and authorizing the code enforcement special master to impose fines not exceeding $1,000 per day for each violation and $5,000 for each repeat violation; that Staff recommends setting proposed Ordinance No. 99-4173 for public hearing. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to set proposed Ordinance No. 99-4173 for public hearing. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 13. NEW BUSINESS: DISCUSSION RE: ICE CREAM VENDING IN RESIDENTIAL ZONE DISTRICTS CONSENSUS TO RETAIN THE EXISTING VENDING REGULATIONS AND EXAMINE ICE CREAM VENDING DURING PHASE II OF THE LDRS (AGENDA ITEM VII-3) #4 (1740) through (2310) Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that ice cream vending in the City has a history; that on November 24, 1997, the City received a complaint from the Principal of Tuttle Elementary School regarding illegal ice cream vending occurring on the City right-of-way at Eight Street and Brink Avenue; that the Police Department advised the vendor, Kool Treats, a Sarasota County ice cream vendor, he was in violation of the Zoning Code (1981); that the owner filed an administrative appeal which was heard by the Board of Adjustment on February 25, 1998; that the Board of Adjustment affirmed that ice cream vending in residential zone districts violated the Zoning Code (1981); that the owner came before the Commission at its March 2, 1998 meeting, to request the law be changed; that on March 16, 1998, the Commission directed Staff to draft an ordinance allowing ice cream vending in residential zone districts during Phase II of the Land Development Regulations (LDRs), which is currently in process; that the new Zoning Code (1998) was adopted in October 1998 at which time the vending provisions were transferred to and consolidation in the Sarasota City Code (1986 as amended) upon the advice of the City Attorney's Office. Mr. Litchet stated that on October 30, 1999, a vendor was cited by the Police Department for vending in Gillespie Park in violation of the Sarasota City Code based upon complaints from a neighborhood resident; that the owner contacted Staff and requested work priorities be altered to process a revision allowing ice cream vending throughout the City; that three options are being presented: 1) consider a simple amendment to the City Code allowing ice cream vending in residential districts, 2) consider a more comprehensive amendment addressing safety, noise, and other issues which should be accomplished during Phase II of the LDRs if desired or 3) retain the existing regulations, i.e., continue with the prohibition for ice cream vending only; that Staff recommends no change in the existing prohibition of ice cream vending as noise and safety concerns have been raised by citizens in the past; that ice cream vending may not be as appropriate as in years past due to current traffic speed and volume on neighborhood streets. Commissioner Mason stated that the possibility of a child running around an ice cream truck into traffic is a fear. Mayor Cardamone stated that a child was killed two weeks ago in another community. Mayor Pillot stated that the fear is understood. Commissioner Quillin stated that ice cream vending used to occur in residential neighborhoods. Mr. Litchet stated that the current prohibition has been in place since 1974. Commissioner Quillin stated that ice cream vending could be allowed in a park or public parking lot. The following people came before the Commission: Gene Bouinett, 5716 Volsella Place (34231), operator of the Good Humor Trucks, stated that safety has always been a concern; that all his trucks have safety lights; that the request is for the Commission to require safety lights; that no other ice cream trucks have safety lights; that no problems have developed around his ice cream trucks; that children usually listen to ice cream BOOK 46 Page 18898 11/15/99 6:00 P.M. BOOK 46 Page 18899 11/15/99 6:00 P.M. vendors; that the Commission is invited to ride on one of the trucks; that originally, a resolution was expected by October 1998; that ice cream vending is allowed everywhere else; that the City should be no different. Linda Holland, 617 Gillespie Avenue (34236), stated that several weeks ago, an ice cream truck was stopped on Sixth Street which is a busy street; that in an effort to pass the ice cream truck, she almost hit two children; that the City should not wait until a child is killed; that ice cream trucks stopping on neighborhood streets is dangerous; that children often do not look; that the traffic on neighborhood streets has changed which is a reality. Commissioner Mason stated that residential neignborhoods are not the place today for ice cream trucks; that children grab money and run for the ice cream truck and back; that an accident could occur in a short period of time. Commissioner Quillin stated that times have changed; that buying from the ice cream vendor was a treat in years past; that ice cream vending, if allowed, should be in designated areas, i.e., a parking lot or in parallel curb parking; that citizens complain about the speeding traffic; that the schools may wish to allow ice cream vending on school property. Mayor Cardamone stated that the original complaint came from the schools. Deputy City Manager Schneider stated that the Administration recommends a motion to retain existing vending regulations in the Sarasota City Code (1986 as amended) ; that ice cream vending could be examined during Phase II of the LDRs if desired; that a thorough study should be conducted prior to implementing any changes. Mayor Cardamone stated that hearing the Commission's agreement, the existing vending regulations will retained and ice cream vending can be examined during Phase II of the LDRs. 14. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #4 (2379) through (2390) COMMISSIONER QUILLIN: : A. stated that the Sarasota/Manatee Metropolitan Planning Organization (MPO) Board will not meet in November 1999; that the next meeting is scheduled for December 13, 1999. 15. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION WILL PROVIDE A REPORT REGARDING TRAFFIC SAFETY INITIATIVES IN THE VICINITY OF CARDINAL MOODY HIGH SCHOOL; STAFF'S RECOMMENDATION CONCERNING COMMERCIAL VEHICLES WILL BE RETURNED TO THE COMMISSION AS A PROPOSED ORDINANCE; STAFF WILL PRESENT RECOMMENDATIONS CONCERNING THE TREE PROTECTION ORDINANCE, PARTICULARLY GRAND TREES AND ANY SUGGESTED OTHER CHANGES (AGENDA ITEM X) #4 (2310) through (2379) #4 (2390) through (2950) COMMISSIONER HOGLE: : A. stated that the guidance of the Administration concerning the funding request for the Greater Newtown Community Development Corporation (GNCRC) is appreciated. COMMISSIONER MASON: A. stated that a meeting was held with the Executive Director of the Sarasota Housing Authority (SHA), / who will be forwarding a copy of the SHA Agency Plan to the Commission. B. stated that the public housing initiatives of Charleston, South Carolina, were discussed with the SHA Executive Director, who expressed an interest in pursing further information for possible implementation. VICE MAYOR PILLOT: A. stated that concern has been expressed by the public regarding the traffic in the vicinity of Cardinal Moody High School; that a possible traffic signal and 15-mile- per-hour (mph) traffic zone has been suggested; that the new St. Martha School will be built within the next year in the same vicinity, increasing the traffic; and asked if the Commission should initiate action to provide additional safety at the location. Deputy City Manager Schneider stated that a City initiative has begun; that a report can be provided if desired. BOOK 46 Page 18900 11/15/99 6:00 P.M. BOOK 46 Page 18901 11/15/99 6:00 P.M. Vice Mayor Pillot stated that a report would be appreciated; and asked if Staff at Cardinal Moody High School could be advised of process. Deputy City Manager Schneider stated yes. COMMISSIONER QUILLIN: : A. referred to a November 2, 1999, memorandum from the Director of Building, Zoning and Code Enforcement to the City Manager concerning the proposed Tree Protection Ordinance and stated that a review of the existing Tree Protection Ordinance particular relating to grand trees would be appreciated. B. referred to an October 22, 1999, memorandum from the Director of Building, Zoning and Code Enforcement to the City Manager concerning the Commercial Vehicle Committee and stated that the Commission provided direction to Staff to prepare an ordinance regarding parking on the right-of-way at the July 6, 1999, Commission workshop. City Auditor and Clerk Robinson stated that the proposed ordinance will be scheduled for public hearing on December 6, 1999. Commissioner Quillin stated that Staff requested direction as to the desirability of another workshop; that a workshop is considered advisable and may be helpful. Mayor Cardamone requested the wishes of the Commission. Vice Mayor Pillot stated that Stafi's recommendation should be brought to the Commission as an ordinance. Commissioner Hogle and Mason agreed. Commissioner Quillin stated that the Commercial Vehicle Committee has addressed many issues as reflected in the minutes and has done a wonderful job; that a workshop is preferred. Mayor Cardamone stated that the majority consensus of the Commission is to bring Staff's recommendation back as a proposed ordinance. MAYOR CARDAMONE : A. stated that the Tree Protection Ordinance is also considered a concern; that protection of grand trees is the primary concern; that a recommendation from Staff would be appreciated. Mayor Cardamone stated that hearing the Commission's agreement, Staff will present recommendations concerning the Tree Protection Ordinance, particularly grand trees and any suggested other changes. B. stated that the Commission adopted new goals for 1999/2000; that displaying the new goals was delayed due to the anticipated remodeling in the Chambers; that the new goals should be displayed in the Chambers. City Auditor and Clerk Robinson stated that a board with the new goals will be prepared and displayed in the Chambers. C. stated that the Commission agreed the City Administration should send the County a letter requesting information concerning the lease for the Sarasota Fairgrounds. Deputy City Manager Schneider stated that a report is being prepared; that a letter will be sent if desired. Mayor Cardamone stated that the minutes indicate a letter was to be sent to the County requesting information be provided to the City; that the future of the Sarasota Fairgrounds, which is in the City limits, is currently being discussed by the County; that the activities at the Sarasota Fairgrounds have a major impact on the look of the Cityi that the City should have involvement in any decisions concerning the Sarasota Fairgrounds. D. asked for clarification of the order of the Agenda, which seems more complicated. City Attorney Taylor stated that the requirements of the quasi- judicial process is one aspect; that the new Zoning Code (1998) requires public hearings on some issues. Mayor Cardamone stated that the difficulty is three public hearings with a related item in a different area of the Agenda; that the public would have difficulty following the process. City Attorney Taylor stated that the presentation could have been clearer; that two Interlocal Agreements, a site plan, and a resolution were involved. BOOK 46 Page 18902 11/15/99 6:00 P.M. BOOK 46 Page 18903 11/15/99 6:00 P.M. Mayor Cardamone stated that the Commission was interested in streamlining the process at the time the new Land Development Regulations (LDRs) were adopted as the Zoning Code (1998); that the current process seems more confusing rather than less. City Attorney Taylor stated that a Government (G) Zone waiver did not previously exist; that part of the confusion may be getting used to the new Zoning Code (1998). Mayor Cardamone stated that considerable funds were allocated to complete new LDRS three years ago; that the LDRS are not yet complete; that the new process is more difficult and harder to understand. Commissioner Quillin stated that Staff and the community may have found the new LDRS easier to follow; that new process will be learned; that Staff did an excellent job in presenting the Sarasota County Jail Annex Project. Commissioner Hogle stated that Paul Costanzo, Chief Planner, has resigned and is assuming a position in Georgia; that his departure will make the job of the Planning Department more difficult; that replacing Mr. Costanzo who is knowledgeable will be difficult. Deputy City Manager Schneider stated that Mr. Costanzo has assumed the position of Director of Development Services for a town which is a suburb of Atlanta, Georgia; that the Sarasota County Jail Annex Project was a complicated issue, including two Interlocal Agreements, one concerning the existing parking arrangement and another concerning an off-site parking agreement. Mayor Cardamone asked if the new LDRS have streamlined the process, making the process easier for the public to understand. Deputy City Manager Schneider stated that more objective standards have been incorporated; that for example, standards which did not previously exist have been developed for the Governmental Use (G) Zone District; that many complaints were received about the lack of standards in the G Zone District; that some benefits have been created. E. asked if a Traffic Engineer has been appointed? Deputy City Manager Schneider stated that the Administration is in the process of appointing a Traffic Engineer; that the previously appointed Traffic Engineer has left the employ of the City. 16. OTHER MATTERS/ADMINISTRATIVE OFFICERS APPROVED A SETTLEMENT OFFER FOR A PATRON OF THE VAN WEZEL PERFORMING ARTS HALL FOR $7,500 (AGENDA ITEM XI) #4 (2950) through (3100) CITY ATTORNEY TAYLOR: : A. stated that a Claim was received from a patron of the Van Wezel Performing Arts Hall who fell on the property, sustaining a head injury; that the injury is more serious due to the existence of temporomandibular joint (TMJ) syndrome; that an opportunity has been presented for settlement of the claim for $7,500; that the settlement offer was received after the deadline date for placement on the Agenda; that acceptance of the settlement offer is recommended. On motion of Vice Mayor Pillot second of Commissioner Mason, it was moved to approve the settlement offer for $7,500. Mayor Cardamone asked if a supermajority vote is required? City Attorney Taylor stated no. 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. CITY AUDITOR AND CLERK ROBINSON: : A. stated that the schedule of upcoming Commission workshop and discussion meetings is as follows: November 17, 1999 Joint Meeting with the School 9 a.m. to 12 noon Board of Sarasota County at the old Asolo Theater at the Ringling Museum December 2, 1999 Joint Discussion Meeting with the 7:30 to 9:00 a.m. Planning Board/Local Planning Agency (PBLP) with location to be determined Vice Mayor Pillot stated that he will be out of town for the November 17, 1999, joint meeting with the School Board. BOOK 46 Page 18904 11/15/99 6:00 P.M. BOOK 46 Page 18905 11/15/99 6:00 P.M. DEPUTY CITY MANAGER SCHNEIDER: A. stated that City Manager Sollenberger is recuperating well from surgery and hopes to return to work shortly. 17. ADJOURN (AGENDA ITEM XII) #4 (3100) There being no further business, Mayor Cardamone adjourned the Regular meeting of November 15, 1999, at 11:30 p.m. A ae a-Ca MOLLIE C. CARDAMONE, MAYOR ATTEST 3CLt Eabenson BILIY E ROBINSON, CITY AUDITOR AND CLERK e 39 0