BOOK 47 Page 19481 04/17/00 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 17, 2000, AT 6:00 P.M. PRESENT : Mayor Gene M. Pillot, Vice Mayor Albert F. Hogle, Commissioners Mollie C. Cardamone, Carolyn J. Mason, and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: CENSUS 2000 STATUS REPORT #1 (0001) through (0137) Michael Taylor, Deputy Director of Planning and Development, came before the Commission and stated that the Census Report is mandated by the US Constitution and is used for reapportionment of the US House of Representatives; that Federal and State funds are allocated using the Census, which is therefore important to the community; that each person counted returns between $900 and $1,500 to the community; and referred to a chart displayed on the overhead projector indicating the following returns as of April 11, 2000: Location Percent of Return US 62 Percent Florida 59 Percent Sarasota County 63 Percent City of Sarasota 58 Percent Mr. Taylor continued that approximately 40 percent of the City's residents will be counted by Census numerators in a door-to-door program; that the problem area in the City is east of US 41 and north of Tenth Street in which the response rate is less than 40 percent; that numerators will begin visits on April 29, 2000; that persons not in residence at the time numerators visit will receive notes with telephone numbers; that Census numerators will visit neighbors to obtain the information if necessary. 2. PRESENTATION RE: PROCLAMATION OF THE CITY COMMISSION PROCLAIMING THE MONTH OF APRIL AS FAIR HOUSING MONTH #1 (0143) through (0221) Commissioner Mason stated that April 2000 marks the 32nd anniversary of Title VIII of the 1968 Civil Rights Act which guarantees fair housing opportunities for all Americans; that fair housing for all citizens is an important goal for the City; that the City is proud of the accomplishments made to forge partnerships with individuals, profit and non-profit organizations, the corporate community and others; that by supporting and promoting fair housing, the City is contributing to the health of the Nation and the State and encouraging other cities to follow the spirit of the Federal Fair Housing Act; and read in its entirety the City of Sarasota Proclamation designating April 2000 as Fair Housing Month. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to approve the Proclamation of April 2000 as Fair Housing Month. Motion carried unanimously (5 to 0): : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 3. PRESENTATION RE: RECOGNIZING MARILYN GERKIN, SUPERVISOR OF ELECTIONS, SARASOTA COUNTY FOR HER ASSISTANCE TO DISABLED CITIZENS IN THE COMMUNITY #1 (0228) through (0310) Donald Dawkins, Chairman, and Pamela Dorwarth, Board Member, Citizens With Disabilities Advisory Board (Board), came before the Commission. Ms. Dorwarth requested that Marilyn Gerkin come before the Commission and stated that Ms. Gerkin is an outstanding citizen of the City and has taken actions in support of the disabled community, such as providing for an electronic filing of Campaign Treasurers' reports for local candidates to assist persons with hearing and vision disabilities, utilizing sign language while making public service announcements, assuring members of staff have knowledge of signing, providing Braille in larger print for sample ballots, providing for accessibility at the voting polls, etc. Ms. Dorwarth and Mr. Dawkins presented Ms. Gerkin with a plaque in recognition of the work and efforts for the disabled community. Mr. Dawkins stated that Ms. Gerkin's efforts make life easier for the disabled and assure a participatory democracy. Ms. Gerkin stated that the recognition and plaque is appreciated and will be shared with staff. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED BOOK 47 Page 19482 04/17/00 6:00 P.M. BOOK 47 Page 19483 04/17/00 6:00 P.M. #1 (0331) through (0358) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. III A-13, Approval Re: Waive interest on demolition lien for property at 3404 North Osprey Avenue, per the request of Building, Zoning and Code Enforcement Director Litchet. B. Add Consent Agenda No. 2, Item No. III B-8, Adoption Re: Proposed Resolution No. O0R-1272 indicating support for the Lido Beach Erosion Control Project and willingness to provide the necessary local fund match, per the request of Engineering Director Daughters. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 5. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 3, 2000 - APPROVED (AGENDA ITEM I) #1 (0358) through (0366) Mayor Pillot asked if the Commission had any changes to the minutes? Mayor Pillot stated that hearing no changes, the minutes of the April 3, 2000, Regular Commission meetings are approved by unanimous consent. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2,3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, AND 16 - APPROVED (AGENDA ITEM III-A) #1 (0368) through (0387) 1. Approval Re: Set for public hearing proposed Ordinance No. 00-4188, amending Chapter 24, Personnel, Article II, Pension, Division 3, Police, of the Code of Ordinances of the City of Sarasota, by restating and amending the Police Officers' Pension Fund; etc. 2. Approval Re: Set for public hearing proposed Ordinance No. 00-4224, pertaining to local amendments to the Standard Housing Code and the Commercial, Business and Industrial Building Minimum Standards Code; etc. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Lease Agreement between the City of Sarasota and Nextel Communications for the installation of elecommunications equipment on the Southgate Water Tower 4. Approval Re: Authorize the City Manager and Chief of Police to sign a contract with the Commission for Florida Law Enforcement Accreditation, Inc., to establish an accreditation program within the Sarasota Police Department 5. Approval Re: Correction to. Paragraph 2 of the Development Agreement for the Ritz-Carlton Project dated February 4, 1999, between the City of Sarasota, Core Development, Inc., and C. Robert Buford, to list "private docks/boat slips accessory to hotel" under Phase I rather than under Phase II, and authorize a substitution of a corrected page 3 of the Development Agreement for the current page 6. Approval Re: Authorize the Mayor and City. Auditor and Clerk to execute the Interlocal Agreement between the City of Sarasota and Sarasota County for the distribution of the proposed five-cent ELMS gas tax that is slated to go into effect January 1, 2001 7. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute the contract between the City of Sarasota and Tampa Bay Services, Inc., (Bid #00-43H) in the amount of $161,602 for the Hog Creek Restoration 8. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and M. A. Golf, Inc.. Jacksonville, Florida, (Bid No. 00-34H) in the amount of $227,050 for the reconstruction of the American Course Greens at the Bobby Jones Golf Complex 9. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Duncan Seawall, Dock & Boat, Inc., Sarasota, Florida, (Bid No. 00-41H) in the amount of $43,910 for the construction of a concrete bridge on hole #1 at the British Course at the Bobby Jones Golf Complex. 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Third Amendment to the Agreement between the City of Sarasota and One Source Landscape & Golf Services, Inc., (Bid #89-209) for maintenance and landscaping services at the Bobby Jones Golf Course, specifically addressing the capital requirements for maintenance equipment for the City of Sarasota Sports Complex. 11. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Fourth Amendment to Minor League Lease Agreement between the City of Sarasota and Red Sox of Florida, Inc., to allow the Sarasota Red Sox to BOOK 47 Page 19484 04/17/00 6:00 P.M. BOOK 47 Page 19485 04/17/00 6:00 P.M. operate their own novelty concession throughout the 2000 season 12. Approval Re: Authorize the Mayor and City Auditor and clerk to execute the First Extension to Tournament Agreement between the City of Sarasota and Sarasota Youth Baseball Club, Inc., to keep in effect contractual requirements governing the promotion and operations for the upcoming 14 Years and Under AAU National Baseball Championships to be held at the Sports Complex July 28 through August 5, 2000. 14. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Lovin Construction, Inc., (Bid No. 00-28H) for site improvements at Ken Thompson Park 15. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Sarasota County, concerning the Florida Boating Improvement Program (FBIP) Grant, for the Ken Thompson Park Boat Ramp Renovation Project 16. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Agreement between the City of Sarasota and Sarasota a County, concerning the West Coast Inland Navigational District (WCIND) Grant for the Ken Thompson Park Boat Ramp Renovation Project On motion of Commissioner Mason and second of Vice Mayor Hogle, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1265) - ADOPTED; ITEM 2 (RESOLUTION NO. O0R-1267) = ADOPTED; ITEM 3 (RESOLUTION NO. O0R-1268) - ADOPTED; ITEM 4 (RESOLUTION NO. O0R-1269) ADOPTED; ITEM 5 (ORDINANCE NO. 99-4163) - ADOPTED; ITEM 6 (ORDINANCE NO. 00-4215) - ADOPTED; ITEM 7 (ORDINANCE NO. 00-4217) - ADOPTED; AND ITEM 8 (RESOLUTION NO. O0R-1272) - ADOPTED (AGENDA ITEM III-B) #1 (0388) through (0545) 1. Adoption Re: Proposed Resolution No. O0R-1265, accepting reports of abatement of nuisances, and costs incurred pertaining to the repair, securing, or demolition of buildings or structures in accordance with the Standard Unsafe Building Abatement Code as adopted by the City; directing the assessment of liens against all real or personal property owned by the violator; providing for the recording of said assessments in the City's "Assessment Book for Local Improvements" and in the Official Records of the Clerk of Circuit Court in and for Sarasota County; providing for the accumulation of interest on said liens (Title Only) 2. Adoption Re: Proposed Resolution No. O0R-1267, requesting that the Trustees of the Internal Improvement Trust Fund establish an erosion control line on the shoreline (for approximately 1.3 miles) between the DNR monument "R-36.5" to the southern tip of the island, Big Sarasota Pass (Title Only) 3. Adoption Re: Proposed Resolution No. OOR-1268, amending the Personnel Rules and Regulations for the Civil Service and Personnel System; to provide for the creation of a City-SBNEP category employee for certain persons employed by the City who transfer to the Sarasota Bay National Estuary Program; to provide for a description of the employment relationship between the City and such employee (Title Only) 4. Adoption Re: Proposed Resolution No. 00-1269, establishing an additional voluntary deferred compensation plan for employees, department heads, charter officials and duly elected members of the City Commission; authorizing the execution of an administrative services agreement designating "The Variable Annuity Life Insurance Company" (VALIC) as administrator of the plan (Title Only) 5. Adoption Re: Proposed Ordinance No. 99-4163, amending Chapter 8, Sarasota City Code, Animals, Article I, in General, to provide definitions; to prohibit the keeping of livestock, poultry and rabbits; providing for an exception for rabbits kept as pets within a dwelling; to clarify certain provisions relating to the harboring of offensive or dangerous animals; amending Chapter 20, Noise to Prohibit Noisy Animals; amending Chapter 2, Sarasota City Code, Administration, Article V, Division 5, Code Enforcement Special Master, to be consistent with the amendments provided herein pertaining to Chapter 8, Animals (Title Only) 6. Adoption Re: Proposed Ordinance No. 00-4215, amending Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, of the Code of Ordinances of the City of Sarasota, adding Section 24-116, Reemployment after Retirement (Title Only) 7. Adoption Re: Proposed Ordinance No. 00-4217, to vacate that certain westernmost 3-foot portion of the Hudson Avenue right-of-way bordered on the north by the southern right-of-way line of Alderman Street and commencing south therefrom for approximately 85 feet as is more particularly described herein (Title Only) BOOK 47 Page 19486 04/17/00 6:00 P.M. BOOK 47 Page 19487 04/17/00 6:00 P.M. 8. Adoption Re: Proposed Resolution No. O0R-1272, indicating support for the Lido Beach erosion control project and willingness to provide the necessary local fund match; setting forth findings (Title Only) City Auditor and Clerk Robinson read proposed Resolution Nos. O0R-1265, 00-1267, O0R-1268, O0R-1269 and O0R-1272 and proposed Ordinance Nos. 00-4163, 00-4215, and 00-4217 by title only. On motion of Commissioner Quillin and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 2, Items No. 1 through 8, inclusive. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. Mayor Pillot 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 applicants at the non quasi-judicial public hearings will have 15 minutes to make a presentation and 5 minutes for rebuttal; 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. Mayor Pillot requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during the 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 recommendations for time limits for the quasi-public hearings will be made at the appropriate time; 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 the opportunity for cross- examination. 8. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. O0R-1264, APPROVING THE CITY INITIATED APPLICATION 99- PA-02 FOR AN AMENDMENT TO THE SARASOTA CITY PLAN TO DELETE EXISTING ACTION STRATEGY 1.14 FROM THE TRANSPORTATION CHAPTER AND TO SUBSTITUTE A REVISED ACTION STRATEGY; AUTHORIZING THE TRANSMISSION OF THE PROPOSED AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS TO REVIEW AND COMMENT; ETC. (TITLE ONLY) (APPLICATION NO. 99-PA-02, APPLICANT CITY OF SARASOTA) - ADOPTED (AGENDA ITEM IV-A-1) #1 (0550) through (0815) Mayor Pillot stated that proposed Resolution No. O0R-1264 authorizes the transmittal of the City-initiated Plan Amendment Application No. 99-PA-02 to the Department of Community Affairs (DCA) for review and comment. David Smith, Senior Planner, Planning and Development Department, came before the Commission and stated that proposed Resolution No. OOR-1264 authorizes transmittal of the City-initiated Application No. 99-PA-02 for an amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, to the DCA for a formal Objections, Recommendations, and Comments (ORC) report; that the amendment revises Action Strategy (A.S.) 1.14 of the Transportation Chapter by deleting the following: No new structures, including buildings, utilities, paved parking, footers, and pylons shall be permitted in the public rights-of-way. Habitable structures which already exist may be permitted at the discretion of the City Commission. Large landscaping and utilities, such as fiber optics, may be permitted at the discretion of the City Manager. Minor landscaping and utilities, such as irrigation, may be permitted at the discretion of the City Engineer. Mr. Smith stated that A.S. 1.14 is confusing, may prohibit many currently existing uses such as parking and utilities in the rights-of-way and may be inconsistent with A.S. 2.12, Central City Parking, of the Future Land Use Chapter, which provides the City will consider expanding the use of public rights-of-way for parking in the Downtown; that Application No. 99-PA-02 is a Comprehensive Plan text amendment rather than an amendment to the Future Land Use Mapi that final approval of the amendment requires adoption of an ordinance after comments are received from the DCA; and displayed on the overhead projector the proposed revision to A.S. 4.14 as follows: 4.14 Encroachments in Public Rights-of-Way: The City will continue to regulate encroachments in the public rights-of-way. No encroachment shall be allowed unless it is permitted by the Standard Building Code or permitted by a written agreement between the City and the owner of the encroachment. The agreement will identify terms and conditions upon which the BOOK 47 Page 19488 04/17/00 6:00 P.M. BOOK 47 Page 19489 04/17/00 6:00 P.M. encroachment is allowed within the public rights-of- way. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. O0R- 1264 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. OOR-1264. On motion of Commissioner Mason and second of Vice Mayor Hogle, it was moved to adopt proposed Resolution No. O0R-1264. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4212, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA, FLORIDA (1998 EDITION) BY THE ADOPTION OF THE SMALL SCALE DEVELOPMENT AMENDMENT MORE FULLY DESCRIBED IN APPLICATION 99-PA-04 FILED BY SENIOR FRIENDSHIP CENTERS, INC.; SAID SMALL SCALE DEVELOPMENT AMENDMENT CONSISTS OF AN AMENDMENT TO CHANGE THE FUTURE LAND USE MAP TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF A PARCEL OF PROPERTY FROM "OPEN SPACE RECREATIONAL CONSERVATION" TO " COMMUNITY OFFICE INSTITUTIONAL;" 1 SAID PROPERTY BEING APPROXIMATELY 1.317 ACRES IN SIZE AND LOCATED PARTIALLY IN LUKE WOOD PARK AND PARTIALLY ON ADJACENT RIGHT OF WAY TO THE NORTH; ETC. (TITLE ONLY) (APPLICATION NO. 99-PA-04, APPLICANT SENIOR FRIENDSHIP CENTERS, INC.) ) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #1 (0815) through #2 (1405) Mayor Pillot stated that Plan Amendment Application No. 99-PA-04 as incorporated in proposed Ordinance No. 00-4212 is for approval of a small scale amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that the Applicant is the Senior Friendship Centers, Inc. (SFC). Douglas James, Chief Planner, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 00-4212 approves a request to change the Future Land Use Classification of a 1.317-acre parcel partially located in Luke Wood Park and partially on the adjacent right-of-way to the north from the Open pace-Recreational Conservation Land Use Classification with implementing zone districts of the Conservation (C), Marine Park (MP), and Governmental Use (G) Zone Districts to the Community Office/Institutional Land Use Classification with implementing zone districts of the Office, Professional and Business (OPB), Office, Professional and Business (OPB-1), Office Park (OP), Medical, Charitable, Institutional (MCI), and Governmental Use (G) Zone Districts. Mr. James gave a computer-generated slide presentation including the area of the Future Land Use Map with the parcel as currently classified and as requested, the characteristics of the Future Land Use Classification requested, and the balance of the characteristics in the: public benefit and not in the public benefit and stated that on balance, the Application is not considered in the public benefit; that at its February 16, 2000, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found Application No. 99-PA-04 as incorporated in proposed Ordinance No. 00-4212 inconsistent with the City's Comprehensive Plan and voted 3 to 1 to recommend Commission denial of proposed Ordinance No. 00-4212. Mayor Pillot opened the public hearing. The following people came before the Commission: John Cook, law firm of Dent and Cook, P.A., representing the Applicant, Robert Carter, Chief Executive Officer, and Kathy Schersten, immediate past Chairman of the Board and current Foundation Board Member, SFC, as the Applicant. Attorney Cook distributed a site plan and an artist's rendering of the proposed SFC expansion if Ordinance No. 00-4212 is adopted and stated that an unsuccessful effort was made to acquire property immediately west of SFC, the so-called "Glauser property, to allow for SFC expansion; therefore, the possibility of utilizing a 75-acre parcel of City-owned land in the area of Washington Boulevard and Brother Geenen Way was explored; that an amendment to the City's Comprehensive Plan, a special use permit, a license, and an expansion of the existing leasehold are required to utilize the parcel; that conceptual approval from the City was requested and received approximately 16 months agoi that subsequently, some concerns were heard; therefore, modifications were made to the initial expansion plans including scaling back the size and relocating the building toward the west to allow a 100-foot greenspace buffer along Washington Boulevard and US 41; that an additional request involves a 66-acre parcel including a BOOK 47 Page 19490 04/17/00 6:00 P.M. BOOK 47 Page 19491 04/17/00 6:00 P.M. portion of the vacated Seaboard System Railroad Company (Seaboard) right-of-way, the north portion of which is occupied by Brother Geenen Way and the south portion of which is occupied by parking; that the current request by SFC will be the last request, which can be incorporated in any formal conditions of the Application; that the parking has been reduced to approximately 50 spaces and relocated further from the rights-of- way; that the standard which should be applied is if the small scale amendment is consistent with and furthers the goals, objectives, and action strategies of the City's Comprehensive Plan; that Staff has indicated items which both further and do not further the goals, objectives, and action strategies of the City's Comprehensive Plan; however, the Applicant is of the opinion other elements of the City's Comprehensive Plan are uniquely addressed by SFC and the proposed amendment as follows: 1. providing services and assistance to the residents, including low-income residents 2. coordinating open-space with recreational facilities Attorney Cook stated that SFC is providing a significant open- space and recreation combination and coordinated use of the area for the elderlyi that other elements addressed are: 3. providing for a central gathering place, a sate and pleasant area in which people can gather 4. consolidating facilities to increase efficiency Attorney Cook stated that SFC presented the proposal to the Parks, Recreation and Environmental Protection Advisory Board (Parks Board), which held two meetings concerning the proposal and conducted an on-site visit; that in November 1999, the Parks Board voted unanimously with two abstentions to recommend Commission approval; that the Staff report acknowledges the land use is compatible with the neighborhood and provides an appropriate step-down from surrounding uses; that the Staff report indicated the proposed use would not coordinate open- space; however, the Applicant's view is the proposed use would coordinate open-space and no other use would be more compatible with surrounding land uses; that Staff also brought forward the issue of preservation of the natural environment to suggest the improvement would detract from the natural habitat; that the parcel is not a natural habitat nor a preservation area but is rather an urban park which has been disturbed; that no flora nor fauna requiring preservation was found on the parcel. Mr. Carter stated that the Commission's continued support for the additional land leased space is requested; that the SFC at Luke Wood Park is a destination for hundreds of older adults daily; that in one location, seniors find an umbrella of services which meets the needs of the elderly throughout the aging process; that having a one-stop campus with a full range of service is especially meaningful to the frailest for whom the physical stress of accessing services can be overwhelming; that the mobility challenges required by persons in wheelchairs or using canes and walkers is eased by a single destination with wellness, nutrition, fellowship, education, health care, adult day care, and other services; that SFC's buildings have been carefully designed to blend in with the surrounding park area, enabling older adults to enjoy access to a park which few could enjoy without the presence of SFC; that SFC's care of the park area encourages active use by those who use the facilities and provides the visual relief of a passive greenspace in a heavily used traffic area; that SFC uniquely provides many services which may otherwise be a government function or expense; that with the land provided by the City, SFC is a model of a public/private partnership which is the envy of other communities; that the City and SFC can be proud of thousands of human success stories, most of which have been accomplished by SFC's incredible volunteer staff who bring the mission to reality on a daily basis; that the volunteers at the SFC Sarasota campus outnumber paid staff by 500 to 55 and exemplify SFC's motto of helping people; that the Director of the US Administration on Aging recently spend an entire day at SFC and indicated SFC is a model for the Nation; that the hope is the Commission and the citizens share in the pride of the distinction; that SFC has the ability and the volunteer resources to do more, to continue as the human safety net for many seniors in the community, to provide a center of recreational facilities and activities for healthy aging in a setting which has access to multiple support services in a single location, and to provide a wonderful setting for the many mobility challenged seniors who would otherwise not have access to a park; that some may call Luke Wood Park a senior park, a park with top quality recreational and supportive facilities for older adults; that the City and County have numerous athletic fields, children's playgrounds, fountain parks, and dog parks; that a unique park and facilities dedicated to seniors should also be available; that no Eurther requests for property at Luke Wood Park will be made; that SFC has responded to the expressed concerns, having twice downscaled the planned expansion and going from a three-story, 18,000-square-foot building to a one-and-a- half story, 12,000-square-foot building; that a larger greenspace buffer has been created near the roadway; that the City's efforts to obtain the private parcel adjacent to Luke Wood Park at Osprey Avenue and Brother Geenen Way for greenspace purposes were supported; that SFC has responded in good faith; that the Commission is requested to allow SFC to move forward with fundraising efforts and to further the historic partnership with the City; that SFC will make the City proud. Ms. Schersten stated that much applause has been given SFC for the good works and the good reputation achieved locally and nationally; that the Parks Board voted in favor of SFC's BOOK 47 Page 19492 04/17/00 6:00 P.M. BOOK 47 Page 19493 04/17/00 6:00 P.M. expansion; that the PBLP did not vote in favor of SFC's expansion; however, a PBLP member noted the public good served will ultimately outweigh the land use issue; that the focus should be on the public good and the people who will benefit; that an opportunity is presented to allow SFC to continue as the model for all senior centers; that SFC has been a trendsetter and should continue as such; that the Commission is urged not to let SFC lose the opportunity to become a senior citizens' park, encompassing all the services necessary for the older citizens in the community; that the SFC in Luke Wood Park is a perfect example of a public/private partnership which should be allowed to continue. Commissioner Quillin asked for clarification of the intended use of the Glauser property. Mr. Carter stated that some discussion occurred with the Commission previously about trying to obtain the Glauser property which would become greenspace if SFC built on property which is part of Luke Wood Park; that an offer was made to the City to help purchase the Glauser property. Commissioner Quillin stated that the property is no longer available. Ed Repulski, 1701 Hashay Drive (34239), County resident since 1957, stated that he has been involved in education all his life, including 39 years in the Sarasota area; that SFC's expansion is supported; that many activities at SFC, which is a fine organization and a vital part of the City, have been personally observed; that SFC is highly regarded locally, throughout the State, and nationally and is a credit to the City and the organized government's officials; that prior to SFC, Luke Wood Park was a run-down piece of land and probably never served as a park; that SFC was built and the area beautified, becoming a wonderful addition to the City; that SFC's expansion plans have been viewed; that the new building will make the area better; that seniors will be better served; that the services will be located in one place; that many improvements will appeari that seniors are deserving of such a place; that his father-in-law is 85 years old and a retired School Superintendent from the New England area; that four years ago, his mother-in-law was committed to a rest home; that his father-in-law indicated SFC was a personal life saver; that the Commission has a wonderful opportunity to take another step forward to further serve the area's seniors who have done sO much; that the hope is the Commission will vote in favor of SFC's well considered request. Mayor Pillot stated that Mr. Repulski is now retired after teaching and coaching at Riverview High School for 38 years. Gwendolyn Atkins, 2415 North Tuttle Avenue (34234) SFC Board Member for 5 years and retired public health nurse at the Sarasota County Health Department for more than 28 years, stated that the comprehensive health services offered by SFC to senior citizens have been witnessed; that the Health Department and SFC has an excellent working relationship; that the Health Department refers citizens 55 years of age and older to SFC, allowing the Health Department to use State funds to see more indigent clients below age 55; that the Health Department can concentrate more services such as family planning, maternal and child care services, immunizations, and adult screening services on the younger population allowing the fulfillment of the public health mission of disease prevention and promotion of health and wellness; that the Health Department can teach people the manner in which to stay well and take charge of personal health due to the relationship with SFC which takes care of the elderly population; that mothers and babies are provided a healthy start in life, which was a major program of former Governor Lawton Chiles; that Florida has a warm climate; therefore, many retirees come to the State; that seniors are living longer and therefore need more services; that SFC provides services under one umbrella; that seniors can receive one- -stop shopping; that SFC must continue to grow as the elderly population grows; that one day everyone will be a senior citizen and will need SFC; and read a February 15, 2000, letter from Dr. Mark Magenheim, Medical Executive Director for the Florida Department of Health, to the PBLP supporting the SFC's request which will allow SFC to better serve the health needs of the increasing senior population. Dorothy Jones, 2737B Hidden Lake Boulevard (34237) 17-year employee of SFC, stated that many SFC clients were lonesome, depressed, unhealthy, and unhappy prior to coming to SFC; that the SFC clients have bloomed and become healthier and happier people; that the hope is a new building will help SFC do more and do better; that SFC is committed to improving the quality of life of the community's seniors; that the programs offered are health- related activities, line dancing, ballroom dancing, language classes, literacy classes, etc.; that dancing is a physical and mental exercise; that many Clients come just to talk with others; that SFC's doors are open to everyonei that the nutrition program is wonderful; that a nutritious meal can be obtained for $1 donation; that one wheelchair-bound lady is a mother of eight, should never be at home alone and is not home alone thanks to SFC, receives a nutritious meal at SFC, and volunteers for SFC; that people are helping people at SFC; that every client helps SFC in some wayi that a wheelchair-bound gentleman attends SFC's Newtown and Sarasota facilities regularly; that a multiple-win situation is presented; that the seniors, SFC, people in health services, and the City will win; that SFC will be a role model in the State, the Nation, and the World. Louise Henderson, 3101 Joe Louis Drive (34234), stated that being part of SFC has been enjoyed; that help has been received many BOOK 47 Page 19494 04/17/00 6:00 P.M. BOOK 47 Page 19495 04/17/00 6:00 P.M. times from SFC, which is greatly appreciated; that the City is requested to reach out to people who need help; that SFC provided dentures which is a significant help. Floyd Kyles, 1963A 12th Street (34236), stated that thanks are extended to SFC for the dentures personally received; that a SFC volunteer offered the services of SFC to provide dentures; that his mother was a client of SFC; that SFC has a happy atmosphere and is a courteous and caring place at which people dance, shoot pool, play cards, etc.; that a medical examination, blood work, etc., was received at SFC; that the services could be bought; however, the courtesy and the caring rendered by SFC cannot be bought; that land is being discussed; however, the discussion should concern the people; that senior citizens have served the City and should not be cast awayi that words cannot express the gratitude and appreciation held for SFC; that the Commission is requested to grant SFC's request. Dr. Martin Kline, DDS, 482 East Royal Flamingo Drive (34236), new resident of the City and volunteer dentist for SFC, stated that more facilities are requested sO SFC can take care of more people. Kafi Benz, P.O. Box 2900, (34230) representing the Indian Beach/Sapphire Shores Association (IB/SSA), stated that everyone in the community believes SFC is one of the most important institutions in the community and is supportive of SFC; and read an April 14, 2000, letter from William Earl, President of the Council of Neighborhood Associations, Inc. (CONA), I expressing support to the Coalition of City Neighborhood Associations (CCNA) in opposing Eurther encroachments to Luke Wood Park, expressing appreciation to the SFC for the services provided, and urging the Commission uphold the donor's intent to preserve the site as a park and ensure the already inadequate and limited City open space, parks and recreation areas be preserved, enhanced and increased rather than decreased. Ms. Benz stated that IB/SSA is also concerned about the retention of parkland and participated in the development of the City's Comprehensive Plan, during which time the conservation of open lands was discussed and debated by the community; that the areas carefully designated were debated; that many spaces were lost as parkland; that the City has frequently addressed the loss of a park to other uses such as the Sarasota Mobile Home Park (SMHP) i that reclaiming parkland at the SMHP has been difficult; that Luke Wood Park is especially important to the community and provides a visual relief to the intense commercial encroachment on the bayfront to the many vehicles which travel US 41 and 301 in the vicinity; that Luke Wood Park provides a wonderfully landscaped respite, which is important for the City and represents a hallmark of the City's concern for open space. Reverend Jerome Dupree, 1432 17th Street (34234), stated that the Brother Geenen came before the Commission many years ago; that as a result, the City has the SFC as known today; that personal congregation members indicated SFC provides increased peace of mind, believed lives have been lengthened due to the SFC's services, helped people avoid loneliness, by receiving companionship, been provided opportunities to serve, kept mental faculties sharp, maintained agility, and received a multi-rainbow of services regardless of religious affiliation, ethnicity, or diversity of background; that SFC has done an excellent job of providing services; that SFC has been personally supported during the years for capital and operational outlay; that continued support is offered; that the Commission is requested to adopt proposed Ordinance No. 00-4212. Alexander Kraina, 4380 Sedley Lane (34241), stated that the SFC expansion building will be outdated before even being built as the City is growing so rapidly; that the current SFC facility. is too small; that seniors are parking on his property; that SFC is supported; however, adequate parking should be provided; that high taxes are personally paid; that personal rights should be protected; that considerable money is expended on his personal property; that SFC representatives indicated a sign would be installed to alleviate the parking problem; that progress is supported; however, the expansion may be too large for the space. Linda Holland, 617 Gillespie Avenue (34236), Chairman of the Coalition of City Neighborhood Associations (CCNA), stated that the value of SFC is understood; that the entire community shares the gratitude for the services provided; and read a March 20, 2000, letter to the Commission indicating the CCNA voted at its March 4, 2000, meeting to support the PBLP's recommendation to oppose any change to the City's Comprehensive Plan allowing further development of Luke Wood Park and suggesting a moratorium for changes in land use in any parks or greenspace areas until a long-term park protection policy is established and the identification of an alternative location for SFC's expansion. Ms. Holland stated that the CCNA's major concern was the disturbing precedence approval would establish, particularly for neighborhoods which have park areas. Rick Liberi, 1810 Morrill Street (34236), Board Member of the Laurel Park Neighborhood Association (LPNA), read an April 15, 2000, letter from the LPNA requesting the designation for Luke Wood Park not be changed as the park is valuable and contributes to the City's quality of life and stated that gratitude and admiration is expressed to SFC; that SFC has been toured; that once the land is gone, the land is gone forever; that Luke Wood BOOK 47 Page 19496 04/17/00 6:00 P.M. BOOK 47 Page 19497 04/17/00 6:00 P.M. Park is part of the identity of the area; that the proposed expansion is a short-term solution; that in 5 years, additional expansion will be required; that SFC first built the Living Room; that subsequently, the SFC building was constructed; that the SFC expansion could be accomplished elsewhere. Dick Sheldon, 526 South Osprey Avenue, stated that originally the comments would have been as an environmentalist to save the greenspace; that interesting comments have been heard; that SFC was recently visited; that many seniors went through a depression in the country and had a difficult time; that a small amount of land can be given up for the seniors. Mary Alice Jackson, 1800 Second Street, (34236), Attorney in the field of elder law and Chair of the Elder Law Section. of the Florida Bar Association immediate past president of the Agency on Aging for the area, stated that greenspace and parkland is favored as a native Floridian; however, the Commission is urged to approve SFC's request; that an issue is the significant necessity of being able to provide services to seniors in a single location; that the services can be provided elsewhere; however, an aging, infirmed senior must have access to services in one location, which is the reason for SFC's request; that the increase in the aging population and the limitations to transportation access make approving the request critical; that most personal Clients are chronically ill; that considerable discussion occurs concerning planning, future, scope, and human services planning; that less focus is placed on the needs of the aging population, which are critical; that not all seniors are people of means; that many seniors live in places and cannot get out easily; that the Commission is urged to understand, accept and approve the need to offer the services in one location, which is significantly important. Mayor Pillot asked for an elaboration of the necessity to have services in one location. Attorney Jackson stated that the primary issue is access to transportation, information, etc.; that the ability to get the bus or SFC's van and go to one location is important; that a requirement to go to multiple locations is a tremendous burden to people with the infirmities of aging; that a centralized service is critical; that personal clients cannot maneuver greater responsibility and do not have family members to provide transportation locally; that easy access and a single destination are important. Mayor Pillot asked if psychological security is also involved. Attorney Jackson stated yes; that personal experience is the elderly form a connection with a place and the people, which is irreplaceable; that SFC has responsibly addressed the problems. Johnnie Mills, 1732 Central Avenue (34234), stated that SFC is a wonderful place and is so much help to everyone; that SFC provided personal dentures; that SFC is appreciated, is good, and does not turn anyone down; that the hope is the Commission will approve the request and SFC will get bigger and better. Mariorie Coley, 619 Avenida del Norte (34242), retired registered nurse, stated that amending the City's Comprehensive Plan is opposed; that some remarks heard are puzzling; that the indication is opposition to amending the City's Comprehensive Plan is opposition to SFC; that no one is against SFC; that SFC is marvelous; that the relationship of three health care facilities, i.e., Sarasota Memorial Hospital (SMH), the Health Department, and SFC is puzzling; that questions are: the manner in which the facilities interrelate and the responsibilities of each for the health care of seniors; that the parameters of the problem must be defined if health care of seniors is creating a changing need; that SFC is good and Luke Wood Park is good; that both should be kept; however, SFC should not be expanded at the expense of Luke Wood Park; that the idea of expanding upward has not been discussed; that the City is becoming a big town, which requires more money; that space and acreage is an issue. Mayor Pillot called upon the Applicant for rebuttal. Attorney Cook stated that the additional facilities will provide for more services, activities, benefits to SFC's clients; that the addition of a structure will not create an eyesore or an unpleasing visual impact; that Luke Wood Park was not well maintained at the time SFC came into the park; that SFC has been good stewards of the property leased from the City; that a precedent of good stewardship has been established; that SFC will leave the property in a pleasing manner for the travelling public and the entire community; that the Commission is sitting in a legislative capacity; that the Commission's judgment and wisdom is important in weighing the positives and negatives; that preservation of greenspace is a worthy and worthwhile principle; however, many projects can have more benefits than costs; that the City's Comprehensive Plan inventories and takes into account the need for parks and open space; that the projected need BOOK 47 Page 19498 04/17/00 6:00 P.M. BOOK 47 Page 19499 04/17/00 6:00 P.M. through the year 2010 is for 128 acres; that in 1995, the existing inventory identified 358.8 acres of open space and parks; that the 75 of an acre requested will not put the City in jeopardy compared to the benefit. There was no one else signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4212 by title only. City Manager Sollenberger stated that the PBLP voted 3 to 1 to recommend denial primarily as the PBLP was of the opinion the proposed structure would be used for activities which are not sufficiently recreational; that the Administration has no basis to dispute the PBLP's recommendations and therefore recommends denying proposed Ordinance No. 00-4212 on first reading. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4212 on first reading. Vice Mayor Hogle stated that the City has developed a good, new neighborhood park a few blocks north on Laurel Street; that the City is working with the County to develop Payne Park, which is a large park and which will be usable by the entire neighborhood; that the area called Luke Wood Park is not a true park but is greenspace; that a better use is to approve proposed Ordinance No. 00-4212; that the concept of a senior citizens' park is liked. Commissioner Mason stated that the request is seriously considered; that another site has been reviewed; however, the site did not materialize; that maintaining greenspace is staunchly supported; that SFC is unique and provides a service; that Sarasota Memorial Hospital and the Health Department do not reach the number of people reached by SFC; that as a member of the Children and Youth Services Advisory Committee (CAYSAC) which reviews grant applications, the focus on children is known; however, the elderly population continues to grow; that people are living longer; that the City has a responsibility to the elderly population; that at the July 19, 1999, Regular Commission meeting, the Commission voted to approve the requested expansion if negotiations were not successful with the Glauser property; that the negotiations were not successful; that the Commission should fulfill its word; that SFC has indicated additional expansion in Luke Wood Park will not be requested; that a stipulation should be included in the motion. Vice Mayor Hogle stated that concurrence not to seek additional. expansion is incorporated in the agreement with SFC. Commissioner Quillin stated that Commission discussion at the July 19, 1999, Regular Commission meeting concerned Luke Wood Park and Pioneer Park; that the City's Comprehensive Plan including the Future Land Use Map was developed through many public hearings; that a key consideration was the preservation of greenspace, which cannot be replaced or is expensive to replace; that SFC is a wonderful facility, providing services to the community; that in 1981, SFC began as a day care for the elderly, infirmed, and frail; that SFC provided additional services and grew; that SFC indicated upon requesting additional land aiter construction of the Living Room no further requests would be made; that controversy has occurred each time a request has been made; that the controversy has nothing to do with the identity of SFC but represents citizen's concern about losing public land; that the concern is the fastest growing segment of the population is the elderly; that adequate housing is not available; that services may not be available; that identifying a place for SFC to expand is important; that the community has always had an older population; that an increase of the older population will be seen in the next 5 to 10 years which will overwhelm the community; that the hope was to obtain the Glauser property which is larger than the requested parcel and would provide room for expansion; that addressing the needs of the elderly is important; that the City has provided parkland and recreational facilities for children and boaters and has passive parks and a paw park; that historically, SFC has requested and been granted additional land; however, changing the Future Land Use Map cannot be supported; that the process of developing the Future Land Use Map was long and made a statement of preserving parklands; that the proposed facility is not compatible with the use of parklands and is not recreational but institutional; that the City should find an. appropriate area for SFC to grow and meet the needs of the future generation; that SFC has been established in Luke Wood Park for 18 or 19 years and has grown dramatically due to the success in meeting seniors' needs; that the future must be considered to assure a continuation of services for the elderly population in the future. Commissioner Mason asked if previous lease agreements included a stipulation of not expanding? City Attorney Taylor stated that nothing in the lease agreement precludes expansion; that no formal prohibition has been developed to assure no further requests if germane to the discussion; that no prohibition is in the proposed ordinance or any contract; that an agreement could be developed. Mayor Pillot stated that an agreement not to make additional requests has been proffered by the Applicant; therefore, a BOOK 47 Page 19500 04/17/00 6:00 P.M. BOOK 47 Page 19501 04/17/00 6:00 P.M. codicil could be included with the lease if agreeable with both parties; and asked if any reason exists not to develop a codicil? City Attorney Taylor stated that the prohibition should be incorporated in the proposed ordinance before second reading. Commissioner Mason asked the status of the Parks Master Plan? City Manager Sollenberger stated that the City's Comprehensive Plan calls for the preparation of a Linear Parks and Recreation Master Plan; that a Request for Proposal (RFP) has been disseminated; that proposals have been received; however, the proposals exceed the available budget; that delaying development to future years may be required to assure adequate funding; that additional funding will be recommended for the next budget year. Mayor Pillot stated that the presentations were constructive and courteous; that a significant personal pride was proposing the City's purchase of the property on North Tamiami Trail which became Whitaker-Gateway Park; that Laurel Park was designed by the residents as a beautiful and functional park; that Brother Geenen presented a dream of serving seniors approximately 30 years ago; that the request was to provide candle-light dining at a high school cafeteria; that a personal privilege as Superintendent of Schools was to make the recommendation to the School Board of Sarasota County which approved the request; that Brother Geenen was one of the finest and greatest men to have been known personally; that the concern regarding precedent is understood; however, each issue is weighed on the merits; that a precedent is followed if positive and applicable; however, the precedent may not apply if circumstances are different; that precedent should be considered but is not a deterrent; that a single site rather than multiple sites was expressed as a benefit; that the view on US 41 and 301 should be preserved; that passengers in vehicles can enjoy the view; that the proposed SFC expansion plan provides for a 100-foot buffer which will allow a beautiful area with numerous trees; that the population least served for recreation in the community is the elderly, especially seniors who do not enjoy physical strength; that recreational opportunities are provided at SFC, including playing pool, dancing, playing cards, and communicating with friends; that the proposed SFC expansion will not directly provide recreation but will provide the opportunity for seniors to enjoy recreation through increased health and physical well-being; therefore, the motion is very good. Commissioner Cardamone quoted the motion as revised at the July 19, 1999, Regular Commission meeting as follows: 1) to reaffirm the decision made at the January 19, 1999, Regular Commission meeting to permit expansion of the SFC east in Luke Wood Park failing the ability to purchase alternate property, 2) for the Administration to report back concerning the availability of funds to purchase the Glauser property within six months or to request additional time if necessary, and 3) to incorporate a requirement in a legally binding document that no additional land in Luke Wood Park will be given to the SFC. Commissioner Cardamone stated that the hope was to purchase the Glauser property; that the Administration made an effort to effectuate the purchase; however, the property was taken off the market; that the motion carried unanimously; that the Commission made a commitment to support the presented request; that supporting the motion is difficult as the greenspace is liked; that the County population is growing rapidly; that the ability to look at greenspace is important; that a commitment was made with the vote; that Luke Wood Senior Park may be a possibility to identify the area as being dedicated to adult, senior activity with services; that some may be disappointed with the personal position; however, support is forthcoming after reviewing the minutes of the July 19, 1999, Regular Commission meeting; that the Luke Wood family which donated the property to the City was known; that the home was moved. Mayor Pillot stated that the home was on the property in 1963, was moved to Hatten Street, was used as a center for children to learn about Florida history, and is now located on North Florida Avenue. Commissioner Quillin stated that the agreement was no buildings would be constructed upon the family's donating the property to the City; that significant changes have occurred; that the purpose of voting for the motion on July 19, 1999, was the SFC would be going through a process; that a change to the City's Comprehensive Plan is required; that input has been received from constituents; that the present personal position is difficult; that expanding the current facilities is prolonging a greater need in 5 to 10 years, which should be addressed and which is the reason for a personal negative vote; that the evidence and Staff's recommendation is approval of the request is not in the best interest of the City. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to pass proposed Ordinance No. 00-4212 on first reading. Motion carried (4 to 1): : Pillot, yes; Quillin, no; Cardamone, yes; Hogle, yes; Mason, yes. The Commission recessed at 8:10 p.m. and reconvened at 8:20 p.m. Mayor Pillot requested that Commissioner Mason share thoughts expressed prior to the meeting concerning human needs and human interaction to meet human needs. BOOK 47 Page 19502 04/17/00 6:00 P.M. BOOK 47 Page 19503 04/17/00 6:00 P.M. Commissioner Mason stated that the Commission is beginning a new year of leadership; that being reminded of the importance of respecting one another is important; and read Romans XII, 3-8, from the Bible, for the benefit of the Commission and audience. 10. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4213, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA, FLORIDA (1998 EDITION) BY THE ADOPTION OF THE SMALL SCALE DEVELOPMENT AMENDMENT MORE FULLY DESCRIBED IN APPLICATION 99-PA-08 FILED BY JOHN J. NEVINS, AS BISHOP OF THE DIOCESE OF VENICE; SAID SMALL SCALE DEVELOPMENT AMENDMENT CONSISTS OF AN AMENDMENT TO THE FUTURE LAND USE MAP TO PROVIDE FOR THE FUTURE LAND USE CLASSIFICATION OF A RECENTLY ANNEXED PARCEL OF PROPERTY TO "SINGLE FAMILY RESIDENTIAL-LOM DENSITY; : TI SAID PROPERTY BEING APPROXIMATELY 8.54 ACRES IN SIZE AND LOCATED AT THE SOUTHWEST CORNER OF FRUITVILLE ROAD AND MCINTOSH ROAD; ETC. (TITLE ONLY) (APPLICATION NO. 99-PA-08, APPLICANT JOHN J. NEVINS, AS BISHOP OF THE DIOCESE OF VENICE) - PASSED ON FIRST READING (AGENDA ITEM IV-A-3) #2 (1405) through (1800) Mayor Pillot stated that proposed Ordinance No. 00-4213 is to approve Plan Amendment Application No. 99-PA-08 for a small scale amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that the Applicant is John Nevins, Bishop of the Diocese of Venice. Douglas James, Chief Planner, Planning and Development Department, came before the Commission and stated that Application No. 99-PA-08 as incorporated in proposed Ordinance No. 00-4213 is a request to classify a recently annexed 8.54- acre parcel located at the southwest corner of Fruitville and McIntosh Roads in the Single Family Residential-Low Density Land Use Classification; that the property immediately to the west is also in the Single Family Residential-Low Density Land Use Classification; that implementing zone districts are the Single- Family Residential (RSF)-E, -1, and -2 Zone Districts. Mr. James gave a computer-generated slide presentation concerning the characteristics of the Future Land Use Classification and the balance of the characteristics in the public benefit and not in the public benefit; and stated that on balance, the Application is considered in the public benefit; that at its February 16, 2000, meeting, the Planning Board/Local Planning Agency PBLP) held a public hearing and found Application No. 99-PA-08 consistent with the City's Comprehensive Plan and voted unanimously to recommend Commission approval of proposed Ordinance No. 00-4213. Mayor Pillot opened the public hearing. Bruce Franklin, President, Land Resource Strategies, Inc., representing the Applicant, came before the Commission and stated that the subject parcel was annexed into the City in 1999 and is a portion of a larger 16-acre parcel which was previously bisected by the City/County line; that pending rezoning and street vacations will be presented to the PBLP and, the Commission in the future; that Application No. 99-PA-08 is to modify the Future Land Use Map to recognize the annexation. There was no one else signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4213 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4213 on first reading. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 00-4213 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes;. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4220, AMENDING SECTION 11-2 OF THE SARASOTA CITY CODE AND SECTION 701.4 OF THE STANDARD UNSAFE BUILDING ABATEMENT CODE, REGARDING INTEREST RATES CHARGED ON DEMOLITION LIENS; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-4)) #2 (1800) through (1945) Mayor Pillot stated that proposed Ordinance No. 00-4220 modifies Section 11.2, Sarasota City Code, (1986 as amended) and Section 701.4, Standard Unsafe Building Abatement Code, regarding interest rates charged on demolition liens. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 00-4220 modifies Section 11.12, Sarasota City Code BOOK 47 Page 19504 04/17/00 6:00 P.M. BOOK 47 Page 19505 04/17/00 6:00 P.M. (1986 as amended), and Section 701.4, the Standard Unsafe Building Abatement Code, regarding interest rates charged on demolition liens by increasing the interest rate on demolition liens to the maximum rate allowed by law; that the City files a lien for the costs incurred in the public record upon demolition of a house; that the lien accrues interest; that proposed Ordinance No. 00- 4220 will allow the accrual of interest at the maximum allowed by law, which is currently 18 percent; that the City will receive the funds upon sale of the property. Mayor Pillot stated that the demolition occurs if a building was declared unsate and all other procedures failed to upgrade the property. Mr. Litchet stated that is correct. Commissioner Quillin stated that Staff is commended for incorporating a maximum of the highest allowable rate and for moving quickly. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4220 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4220 on first reading. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4220 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yesi Mason, yes; Pillot, yes; Quillin, yes. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4221, AMENDING SECTION 16-53 (D) OF THE SARASOTA CITY CODE REGARDING INTEREST RATES CHARGED ON LOT MOW LIENS; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-5) #1 (1945) through (2045) Mayor Pillot stated that proposed Ordinance No. 00-4221 amends Section 16-53 (d), Sarasota City Code (1986 as amended), regarding interest rates charged on lot mowing liens. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 00-4221 modifies Section 16.53 (d), Sarasota City Code (1986 as amended), regarding interest rates charged on lot mowing liens by increasing the interest rate to the maximum rate allowed by law. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4221 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4221 on first reading. On - motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4221 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yesi Quillin, yesi Cardamone, yes. 13. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4222, AMENDING SECTION 2-316 (B) OF THE SARASOTA CITY CODE REGARDING INTEREST RATES CHARGED ON CODE ENFORCEMENT LIENS; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-6) #2 (2045) through (2120) Mayor Pillot stated that proposed Ordinance No. 00-4222 amends Section 2-316 (b), Sarasota City Code (1986 as amended), regarding interest rates charged on code enforcement liens. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 00-422 modifies Section 2-316 (b), Sarasota City Code (1986 as amended), regarding interest rates charged on code enforcement liens by increasing the interest rate to the maximum rate allowed by law. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. BOOK 47 Page 19506 04/17/00 6:00 P.M. BOOK 47 Page 19507 04/17/00 6:00 P.M. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4222 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4222 on first reading. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4222 on first reading. Mayor Pillot 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. 14. NON QUASI- JUDICIAL PUBLIC HEARING RE: ROADWAY CONSTRUCTION PHASING PLAN FOR CONSTRUCTION WORK TO BE PERFORMED WITHIN EXISTING AND PROPOSED RIGHTS OF WAY ON OR ADJACENT TO THE PROPOSED RITZ CARLTON HOTEL AND CONDOMINIUM PROJECT (PHASES I AND II) ACCEPTED THE PHASING PLAN AND REQUIRED THE SUBMITTAL OF MONTHLY PHASING PLAN UPDATES, THE PHASING PLAN ADDRESS THE SIX ITEMS NOT YET ADDRESSED, THE DEVELOPER DELIVER PERFORMANCE BONDS OR A LETTER OF CREDIT OF $175,950 FOR FIRST STREET AND $251,850 FOR CEDAR POINT DRIVE, AND SCHEDULE ON-SITE MEETINGS (AGENDA ITEM IV-A-7) #2 (2020) through #3 (0235) Mayor Pillot stated that the Roadway Construction Phasing Plan (Phasing Plan) for construction work within existing and proposed rights-of-way on or adjacent to the proposed Ritz-Carlton Hotel and condominium project Ritz-Carlton project) for Phases I and II. City Manager Sollenberger stated that Staff of the City Attorney's Office will make the presentation; that pursuant to the Right-of-Way Use Agreement 2000 (Use Agreement) concerning construction of the Ritz-Carlton project, the City Engineer is required to make the recommendation to the Commission. Robert Fournier, Attorney, City Attorney's Office, and Dennis Daughters, Director of Engineering/City Engineer, came before the Commission. Attorney Fournier stated that during the public hearing process neighbors in the vicinity of the Ritz-Carlton project expressed concern about periods of impaired access; during the public hearing process; that pursuant to the Use Agreement, the developer is required to submit a Phasing Plan to assure neighbors and the City are informed as to the timing of construction activities in public rights-of-way, the anticipated duration of street Closures during construction, and alternate access routes during certain construction activities identified in the Use Agreement to assure reasonable access; that the Roadway Construction Phasing Plan and periodic updates will be provided to the City, at which time a public hearing will be conducted; that the Phasing Plan only covers construction activities identified in the Use Agreement; that the developer will attempt to coordinate activities of public and private utility companies in public rights-of-way; however, the developer will not be able to control the activities or schedules of public and private utility companies which will be scheduled by the utility companies and may not coincide with the Phasing Plan; that every effort will be made by the developer to avoid inconvenience to the public while work is performed; that the activities identified in the Use Agreement are construction of: 1. replacement parking for the Denny's Restaurant (Denny's) on the CELT property and in the First Street right-of-way; 2. the new entrance way to Denny's off US 41 south of the existing First Street curb cut; 3. the north/south access point between the Ritz Carlton Hotel entranceway on the north and First Street on the south; 4. all other improvements within the First Street right- of-way, including but not limited to the bayfront Multi-Use Recreational Trail (MURT) 5. the connector between Cedar Point Drive and Sunset Drive within the easement; 6. the south access point and driveway to the One Watergate Condominium (One Watergate) from Cedar Point Drive; and 7. all other improvements within the existing Cedar Point Drive right-of-way, including but not Limited to the MURT. Attorney Fournier stated that the Use Agreement provides the Commission must approve and can modify a Phasing Plan; however, the Commission cannot negate approvals already received; that any modifications must be based on testimony received at the public hearing, be intended to minimize inconvenience to neighboring residents, businesses and the general public and be practical; that the Commission also has the optional authority to require two pertormance bonds to cover the cost of: 1) repaving and reconstructing First Street as a through street from US 41 to Cedar Point Drive if work is commenced but not completed in the right-of-way and 2) closing the southern end of Cedar Point Drive and constructing the connector between Cedar Point and Sunset BOOK 47 Page 19508 04/17/00 6:00 P.M. BOOK 47 Page 19509 04/17/00 6:00 P.M. Drives, which will be performed regardless of completion of the Ritz-Carlton project; that the Commission may make the pertormance bonds a requirement at the public hearing if desired. Mayor Pillot stated that the language concerning the pertormance bonds is permissive, i.e., the Applicant is not required to provide the pertormance bonds unless the Commission sO directs. Attorney Fournier stated that is correct. Mayor Pillot asked if requiring performance bonds unless the Commission releases the requirement would be preferable? Attorney Fournier stated that the Use Agreement could have been written to require the performance bonds; that the permissive language was a compromise with the Applicant; that the Use Agreement was written to provide the Commission could require the performance bonds at the public hearing; that in the future, imposing a requirement unless released by the Commission would be preferable. Mr. Daughters distributed his letter dated April 17, 2000, to City Manager Sollenberger concerning the Phasing Plan and stated that the Phasing Plan was submitted on April 13, 2000, and was reviewed in detail; that the Phasing Plan meets the requirements of the Use Agreement for the first few months but does not provide the detail required for the seven construction activities incorporated in the Use Agreement; that the seven construction activities are not addressed; that the Phasing Plan presented is more general after July 1, 2000, which is expected; and quoted the Phasing Plan as follows: periodic updates will be provided to the City Mr. Daughters stated that updates should be provided monthly or bi-monthly with additional updates if significant scheduling changes are made; that the Use Agreement did not require and the Phasing Plan does not provide the schedule, duration, or final completion of the following items: 1. construction of the Ritz-Carlton entrance road; 2. the closing of Cedar Point Drive at Gulf Stream Avenue; 3. permit application process through Florida Department of Transportation (FDOT) for the five connection points to State roads; 4. all construction work by public and private utilities associated with the Ritz-Carlton project; 5. construction of the extended southbound to westbound right-turn lane on US 41 from Gulf Stream Avenue to Fruitville Road; or 6. construction of the acceleration land and deceleration land on Gulf Stream Avenue at Sunset Drive. Mr. Daughters stated that a cost estimate was requested of the Engineer of Record for the Ritz-Carlton project for the streets which are the subject of the pertormance bonds; that the estimate was for $120,000 with a pertormance bond amount at 115 percent of cost or $138,000; however, the estimate appears to address only First Street; that the City's cost estimate based on historical data updated to present is higher as follows: Project Bond Amount First Street $175,950 Cedar Point and Sunset Drives 251,850 TOTAL $427,800 Mr. Daughters stated that the Administration recommends: 1. Accepting the Phasing Plan dated March 13, 2000, submitted on April 13, 2000; 2. Requiring the submittal of updates of the Phasing Plan at least bi-monthly with additional updates if scheduling changes are made; 3. Requiring the Phasing Plan address the six items not yet addressed; 4. Requiring the developer deliver a pertormance bond or letter of credit in the amount of $175,950 representing the cost to restore First Street within 30 days; and 5. Requiring the developer deliver a performance bond or letter of credit in the amount of $251,850 representing the cost to restore Cedar Point Drive including the connection to Sunset Drive within 30 days. Mayor Pillot opened the public hearing. The following people came before the Commission: Brenda Patten, law firm of Kirk-Pinkerton, representing the Applicant, and Peter Conlin, Project Manager for the Ritz-Carlton project, Core Development, Inc. Attorney Patten stated that the opportunity to combine time for a total of ten minutes would be appreciated. Mayor Pillot asked the Commission's procedure concerning combining time? BOOK 47 Page 19510 04/17/00 6:00 P.M. BOOK 47 Page 19511 04/17/00 6:00 P.M. City Auditor and Clerk Robinson stated that time typically cannot be shared; however, the Commission can suspend the rules to allow shared time if desired. Mayor Pillot stated that hearing no objections, the speakers will have 10 minutes in total. Attorney Patten stated that Phasing Plan is detailed through July 2000; that the Phasing Plan also indicates all improvements will be completed between January and October 2001; that a request for conceptual review of the applications has been filed with FDOT for roadwork on US 41 and Gulf Stream Avenue and the curb cuts; that a request for technical review has not been submitted as a determination has not been made concerning the status of the Bickel House; that best estimates of completion dates could have been provided with a caveat the schedule depends on FDOT applications and permits; that once permits are issued, the construction schedule will be known; that providing a tentative schedule was considered more confusing; that updates of the Phasing Plan will be submitted periodically; that the FDOT permitting schedule will be better known by July 31, 2000, at which time a more detailed schedule will be submitted; that the Phasing Plan is to assure neighbors are kept informed; that considerable time has been spent with the neighbors; that copies of the Phasing Plan were mailed to all condominium associations on Cedar Point and Sunset Drives as well as 888 Boulevard of the Arts, Marina Suites, and the Bayfront Condominiums on March 31, 2000; that several meetings have been held with the unofficial neighborhood representative and liaison for the Ritz-Carlton project, Eunice Connors. Mr. Conlin stated that a meeting was held recently with the Development Review Committee (DRC); that a concern was updating the Phasing Plan and assuring notification to the neighbors; that approval to close roads has been received; however, the roads will not be closed until the neighbors are notified; that additional signs concerning roadway closings and openings were provided to representatives of the nearby condominiums; that the Phasing Plan will be updated quarterly; that bi-monthly updates can be provided if desired; that pertinent information will be provided the City and the neighbors as soon as received. Attorney Patten stated that mo-through-tratic signs have been posted on the streets; that signs will be installed in the One Watergate garage prior to any activity which would interfere with access. Mr. Conlin stated that FDOT was contacted at the request of the City to determine if additional signage is required; that FDOT indicated no additional signage is required. Attorney Patten stated that access to the One Watergate garage will be blocked only three days between May and July 2000; that notification will be provided in advance; that at least one entrance to the One Watergate garage will be available; that construction will occur on alternate sides of the streets sO at least one lane will be open; that the project should proceed smoothly. Mayor Pillot asked if objections exist to any portion of the Administration's recommendation? Attorney Patten stated no; that the clients have been informed the pertormance bonds are required. Commissioner Cardamone stated that the logistics of. the project are awesomei that a major inconvenience will be created; that any problems will immediately come to the attention of the Commission; that a neighborhood liaison is important; that incorporation of another recommendation is suggested as follows: 6. Scheduling a weekly meeting with the City, contractors and neighbors at a specific time and location. Commissioner Cardamone stated that a close working understanding and relationship would be developed; that living through the project construction will be difficult. Attorney Patten stated that the neighborhood liaison was introduced to and has the business card for the on-site construction manager which should facilitate communication; that a regular meeting can also be scheduled. Commissioner Cardamone stated that the neighbors can contact the liaison but should also be able to attend the regularly scheduled meeting, which can be an opportunity for the developer of the Ritz-Carlton project to communicate with the neighbors. Mr. Conlin asked for clarification of the location of the meeting. Commissioner Cardamone stated that the meeting should be held at a location to which the neighbors can walk; that the neighbors and the contractors can choose the location. Commissioner Quillin stated that road construction is underway in Venice; that a telephone number with a 24-hour-a-day answering machine has been provided to the residents, which is suggested for the Ritz-Carlton project; that questions are answered immediately. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that an item could be added to the Agenda BOOK 47 Page 19512 04/17/00 6:00 P.M. BOOK 47 Page 19513 04/17/00 6:00 P.M. of each DRC meeting, which is the first and third Wednesday of the month. Mayor Pillot stated that the liaison and contractor can decide on the appropriate meeting time and location; and asked if the Project Manager will be in residence in the City? Mr. Conlin stated yes. Eunice Connors, 111 North Gulf Stream Avenue, came before the Commission and stated that the residents of One Watergate have made preparations for the construction; that a new garage door has been installed, allowing both entering and exiting; that the garage pathways have been reformatted; that the plans have been explained to the residents in significant detail; that the only request was to leave the streets blocked off once closed to avoid confusion; that the street is gated; that a chain-link fence has been installed. Mayor Pillot asked if attendance of Staff at regular meetings is acceptable to the Administration? City Manager Sollenberger stated yes; that the attendance of appropriate City Staff can be determined; that a response will be provided to the developer. Mayor Pillot asked if the Administration's recommendation is acceptable to the developer? Attorney Patten stated yes; however, an opportunity to review the recommendation in more detail would be appreciated. Mayor Pillot restated the additional suggested recommendation as: 6. Scheduling a meeting with the City, contractors and neighbors at a specific time and location as determined by. the parties involved. Commissioner Cardamone stated that adding the item to the DRC Agenda is not suggested as the location is outside the neighborhood. Ms. Connors stated that the current focus is the connection between Cedar Point Drive and First Street, which only impacts One Watergate; that in the future, residents on Sunset Drive should become involved. Commissioner Cardamone stated that City Staff should assure the projects proceeds as efficiently and as quickly as possible; that no impediments in the schedule should be created. There was no one else signed up to speak and Mayor Pillot Closed. the public hearing. City Manager Sollenberger stated that the Administration recommends: 1. Accepting the Phasing Plan dated March 13, 2000, submitted on April 13, 2000; 2. Requiring the submittal of updates of the Phasing Plan monthly with additional updates if scheduling changes are made; 3. Requiring the Phasing Plan address the six items not yet addressed; 4. Requiring the developer deliver a performance bond or letter of credit in the amount of $175,950 representing the cost to restore First Street within 30 days; 5. Requiring the developer deliver a performance bond or letter of credit in the amount of $251,850 representing the cost to restore Cedar Point Drive including the connection to Sunset Drive within 30 days; and 6. Scheduling on-site meetings with the City, contractors and neighbors at a specific time and location to be determined by the parties to the meetings. Mayor Pillot stated that Ms. Patten as the developer's legal representative, has requested an opportunity to review the Administration's recommendation; and asked if such consideration can be provided. City Attorney Taylor stated yes; that the Commission can authorize the development of appropriate language by the Administration, the City Attorney's Office and the developer's legal representative. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to approve the Administration's recommendation incorporating Item 6 and authorizing the development of appropriate language by the Administration, the City Attorney's Office and the developer's legal representative. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 15. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED CAMPUS DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE STATE OF FLORIDA BOARD OF REGENTS ACTING FOR AND ON BEHALE OF THE UNIVERSITY OF SOUTH FLORIDA ("USF") (APPLICATION NO. 96-DA-01, APPLICANT STATE OF FLORIDA BOARD OF REGENTS ON BEHALF OF THE UNIVERSITY OF SOUTH FLORIDA ("USF") APPROVED (AGENDA ITEM IV-B-1) BOOK 47 Page 19514 04/17/00 6:00 P.M. BOOK 47 Page 19515 04/17/00 6:00 P.M. #3 (0235) through (0510) City Attorney Taylor stated that the quasi-Judicial public hearing concerns Development Agreement Application No. 96-DA-01 submitted by the University of South Florida/New College (USF); that the recommendation is to allow 10 minutes for the Applicant's presentation and 5 minutes for rebuttal; that the City will have 10 minutes for presentation and 5 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 5 minutes to speak and 3 minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that other interested persons will have 3 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission. Mayor Pillot stated that the consensus of the Commission is to approve the recommendation for speaker time limits. City Attorney Taylor stated that the following person has applied for and complied with the rules for obtaining Affected Person status and has signed up to speak: Kafi Benz. Mayor Pillot stated that the consensus of the Commission is to certify the Affected Person. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone and Mason stated that no ex parte communications have occurred. Commissioner Quillin stated that a presentation was received at the March 2000 meeting of the Sarasota/Manatee Metropolitan Planning Organization (MPO); however, no discussion ensued. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Steven Gift, Director of Facilities for USF, came before the Commission and stated the hope is to conclude the final phase of USF's planning process, which began in 1994/95 with a comprehensive review of the facility requirements and strategic and programmatic long-term objectives; that the planning process concluded with public hearings conducted by USF Staff; that careful coordination with communities surrounding the campus has occurred to address neighborhood concerns; that a data analysis phase was conducted and coordinated with City Staff; that the impact of the infrastructure in the community was considered; that the result is no impacts have affected the level of service; that Section 240.155, Florida Statutes, provides for accountability of development impact; that an effort was made to adhere responsibly to the requirements of the Florida Statutes; that approval of Application No. 96-DA-01 is requested. Mayor Pillot requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that the proposed Development Agreement was submitted by the Board of Regents to determine if the proposed development Master Plan satisfies the concurrency requirements in the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, as to roads, sanitary sewer, solid waste, drainage, potable water, parks and recreation and public transportation; that the term of the proposed Development Agreement is through 2004, at which time a Master Plan update will be presented; that at its March 1, 2000, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found Application No. 96-DA-01 consistent with the City's Comprehensive Plan and voted unanimously to recommend Commission approval of the proposed Development Agreement. Mayor Pillot requested that the Affected Person come forward; and the following Affected Person came before the Commission: Kafi Benz, PO Box 2900 (34230), representing the Uplands Association and the Indian Beach/Sapphire Shores Association, stated that personal involvement with USF's Master Planning process has occurred; that any problems have been resolved amicably; that USF has a commitment to a good relationship with the neighbors; that the City should be confident in supporting the Application. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Pillot stated that neither the Applicant, the City, nor Affected Persons has any rebuttal. Mayor Pillot requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Application No. 96-DA-01 and to authorize the Mayor and City Auditor and Clerk to execute the Development Agreement. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes Commissioner Quillin stated that the parties involved did a good job. BOOK 47 Page 19516 04/17/00 6:00 P.M. BOOK 47 Page 19517 04/17/00 6:00 P.M. 16. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #3 (0510) through (1094) The following people came before the Commission: Wayne DeLair, 1937 Eighth Street (34236), representing the Gillespie Park Action Council (GPAC), entered into the record a petition signed by 27 citizens providing as follows: We the undersigned residents and property owners formally wish to establish the Gillespie Park Action Council (GPAC) We advocate the restructuring of public policy and development practices to support architecture and landscape design that celebrate local history through traditional neighborhood planning. We represent a broad-based citizenry, composed of public and private sector individuals. We dedicate ourselves to reclaiming our neighborhood through education as well as positive and productive participation. Mayor Pillot asked the percent of neighborhood participation? Mr. DeLair stated that the percent participation is not known; that Duany Plater-Zyberk & Company (DPZ) which advocates traditional neighborhood planning will be conducting a charrette shortly; that information concerning new urbanism has been received; that meetings were personally held to educate people to the concepts of new urbanism; that a decision was made to create a new organization as people became sO excited; that recognition is requested. Mayor Pillot stated that residents have every right to organize; and asked if the request for recognition should be forwarded to the Administration? City Manager Sollenberger stated yes; that a report will be returned to the Commission, if desired. Commissioner Cardamone stated that a question is the method the Commission can recognize two groups representing the same neighborhood; that a mission statement would be helpful; that the enthusiasm for DPZ is understood; that dealing with side-by-side organizations is difficult; that collaborating and cooperating within the existing framework would make more sense but cannot be dictated; that the suggestion to forward the request to the Administration is positive. Commissioner Quillin asked if GPAC has participated with the Gillespie Park Neighborhood Association (GPNA) ? Mr. DeLair stated yes, for approximately six or seven months. Commissioner Quillin asked the reason GPAC is not a subgroup of GPNA? Mr. DeLair stated that many ideas are not being addressed; that everyone's etforts are respected; however, new, fresh energy is presented; that * a different tempo of ideas to bring forward is presented; and quoted the GPAC letterhead as follows: Reclaiming our neighborhood through education, communication and productive participation. Mr. DeLair stated that the hope is to begin a newsletter; that application has been made for a not-for-profit organization; that through education, many people can be brought to the table, particularly the Spanish community; that a newsletter would be of assistance. Commissioner Quillin stated that the proposal is confusing; that as a past president of the Downtown North Neighborhood Association, an understanding exists of other organizations coming into neighborhoods; that GPAC could be a working arm of GPNA; that the issues raised are being addressed by GPNA; that a partnership could be developed; that the names on the petition represent the business community; that Neighborhood Watch has existed in the Gillespie Park neighborhood for a long time; that focus should be placed on absentee landlords in the neighborhood and on affordable housing; that the business community could be instrumental in helping GPNA in an area in which problems exist; that in the Downtown North Neighborhood Association, property owners were requested to become part of the solution, not part of the problem, which resulted in change. Mr. DeLair stated that only 20 percent of the petition signers are business owners; that residents represent the balance. Commissioner Quillin stated that the percentage is wonderful. Mr. DeLair stated that people have come together; that communication is simple and is occurring. Mayor Pillot stated that the right to organize is respected and honored; that the consensus of the Commission is to refer the request to the Administration. BOOK 47 Page 19518 04/17/00 6:00 P.M. BOOK 47 Page 19519 04/17/00 6:00 P.M. Paul Thorpe, 1818 Main Street (34236), Executive Director of the Downtown Association of Sarasota (Downtown Association), stated that the fencing at the corner of Main Street and Central Avenue at the location of the construction of the Five Points Tower has existed too long, specifically over six months; that something should be happening; that the fencing is in disarray and is dangerous; that the visual appeal of the City is affected; that a wooden fence could be constructed with artwork, etc.; that the main focus point of the City has, been affected too long; that something should be done. Mayor Pillot asked the City's authority? City Manager Sollenberger stated that a resolution can be effectuated. Commissioner Cardamone stated that the appearance of the property has been disturbing for some time; that knowing the plans would be appreciated; that the Commission should be updated on the project and construction plans. City Manager Sollenberger stated that a project update will be provided. Mr. . Thorpe stated that additional fencing exists on State Street and Lemon Avenue; that the regulations regarding demolition are not known; that nothing is happening at the location; that parking on State Street is confusing; that code enforcement should address the problem. Commissioner Quillin stated that some creativity should be forthcoming at the construction sites sO as not to detract from the Downtown. Mayor Pillot stated that a solid wooden fence with interesting artwork makes sense. Commissioner Quillin stated that security is a concern. Commissioner Cardamone stated that a petition was observed requesting the owner of the Orange Blossom property to remove the Christmas tree. Brenda Patten, 720 Orange Avenue, entered into the record two letters as follows: 1. April 17, 2000, letter to the Mayor concerning the environmental condition of estuarine habitat along quay boat basin, Ritz-Carlton project 2. August 17, 1998 (sic), letter to the Mayor concerning the below-mean-high-water-line permits for the Ritz- Carlton Hotel Attorney Patten stated that at the March 13, 2000, Special Commission meeting, the following statement was personally made: the shoreline in the area of the proposed hotel is very disturbed and degraded. Attorney Patten stated that requests were received for documentation of the statement; that documentation is in the permit from the Southwest Florida Water Management District (SWFWMD) permit as follows: The project area contains 0.56 acres of disturbed estuarine intertidal wetlands. Attorney Patten stated that the comments were almost verbatim from the SWFWMD permit; that at the March 21, 2000, Special Commission meeting, a March 20, 2000, letter from Kim Dupree, Manager, Submerged Lands Section of the Department of Environmental Protection (DEP) indicating no application for conveyance of submerged lands had been received for the Ritz- Carlton project; that the application was submitted to SWFWMD; that the permit will be issued by SWFWMD; that upon receiving the permit, the State Governor and Cabinet must approve the use and conveyance of State sovereign submerged lands after which SWFWMD will issue the permit for the below-mean-high-water-line activities; that DEP does not issue the permit; that the March 20, 2000, letter from DEP is not disputed; that providing clarification was desired. 17. UNFINISHED BUSINESS: APPROVAL RE: ROADWAY IMPACT FEE FUNDING PRIORITIES - EXPRESSED SUPPORT FOR THE IMPROVEMENT OF MYRTLE STREET FROM US 41 TO 301 AS A TWO-LANE PROJECT WITH UTILIZATION OF $500,000 FROM THE L.O.S.T. EXTENSION AND $800,000 FROM IMPACT FEES AND APPROVED THE FUNDING OF THE PROJECTS ACCORDING TO THE TRANSPORTATION IMPACT FEE PROJECT PRIORITY LIST FOR FY 2000/01 (AGENDA ITEM VI-1) #3 (1094) through (1569) City Manager Sollenberger stated that the Sarasota Board of County Commissioners (BCC) requests the City provide a status report concerning the two-lane configuration, the use of funding from the Local Option Sales Tax (L.O.S.T.) extension, also called the penny sales tax, and the use of impact fees for Myrtle Street improvement project; that a meeting was held with County Commissioner Nora Patterson and County and City Staff to discuss issues; that recommendations will be presented to the City Commission and, if approved, to the County Commission. BOOK 47 Page 19520 04/17/00 6:00 P.M. BOOK 47 Page 19521 04/17/00 6:00 P.M. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that in August 1998, the. City Commission approved a priority list for the use of impact fees; that subsequently, numerous discussions have been held with County Staff; that the County proposes to change the usage of impact fees to allow for additional transportation modes; that in previous years, the City requested impact fees for bicycle lanes which is now a possibility; that the County will support a greater percentage of impact fees eligibility for 17th Street as well as a two-lane project on Myrtle Street; and referred to the April 6, 2000, letter from Alexandrea Hay, P.E., Assistant City Engineer indicating the changes from the 1998 impact fees priority list as follows: Item Action Upgrade Signal Coordination Eliminated US 41 at Fruitville Road Eliminated US 41 at Tenth Street Eliminated US 41 at Gulf Stream Avenue Moved beyond year 2005/06 17th Street Added improvements at US 301 and 17th Street Myrtle Street Added funding for a portion Mr. Daughters stated that signal coordination is not eligible for impact fees; that funding will be pursued through the Florida Department of. Transportation (FDOT); that Congestion Management Funds were received for the improvements of US 41 at Fruitville Road and at Tenth Street through the Sarasota/Manatee Metropolitan Planning Organization (MPO) i that the improvement of US 41 at Gulf Stream Avenue has been moved to later years pending the Duany Plater-Zyberk and Company (DPZ) charrette and Downtown Traffic Study; that funding for 17th Street at US 301 and Myrtle Street has been added to the Transportation Impact Fee Project Priority List. City Manager Sollenberger requested for the benefit of the Commission if Myrtle Street at the Orange Avenue intersection will have turn-lane capability. Mr. Daughters stated that the requirement for turn lanes has not been determined as the preliminary study has not been conducted; however, turn lanes would almost be a necessity. Commissioner Quillin asked for clarification of the location of the turn lanes. Mr. Daughters stated that a turn lane would be on US 301 to Myrtle Street; that * an additional right turn lane is proposed from Myrtle Street to US 301. Mr. Daughters referred to a chart displayed on the overhead projector indicating impact fee projections based on current development and also indicating carry-over impact fee funds; that approximately $4.2 million will be collected through fiscal year (FY) 2005/06; that carry-over impact fee funds are committed and work is in progress as follows: Sixth Street - $400,000 and Cocoanut Avenue - $200,000; that $1.1 million in carry-over and projected impact fees are identified for design and right-of-way acquisition for 17th Street from US 41 to Orange Avenue; that construction will not commence for several years as land must be acquired across the railroad tracks which could be expensive and a lengthy process; that $500,000 in FY 2002/03 and $600,000 in FY 2003/04 is identified for construction of the 17th Street project from US 41 to Orange Avenue, which is probably not sufficient; therefore, the City will pursue major project funds through FDOT and the MPO; that funding of $130,000 is identified for improvements construction on 17th Street at US 301 in FY 2005/06; that funding of $800,000 is identified for Myrtle Street from US 41 to US 301 in FY 2000/01; that funding of $450,000 is identified for Lockwood Ridge Road from 12th Street to 17th Street in FY 2005/06; that an additional $500,000 has been budgeted in the Capital Improvement Program (CIP) for improvements on Myrtle Street within the City from Bradenton Road to US 41, which could be used for the entire project from US 41 to US 301; that the County is requesting a commitment from the City regarding the use of impact fees and L.O.S.T. funds for assistance in funding the two-lane Myrtle Street project; that the County will contribute funds for the remaining cost of the project; that Staff's recommendation is the Commission express support for the improvement of Myrtle Street from US 41 to US 301 as a two-lane project with the utilization of $500,000 from the L.O.S.T. extension and $800,000 from impact fees and approve incorporating funding of the following projects in the Transportation Impact Fee Priority List for FY 2000/01: Project Funding 17th Street from US 41 to US 301 $300,000 Myrtle Street from US 41 to US 301 $800,000 Vice Mayor Hogle asked if enough roadway is available for Myrtle Street to accommodate a three-lane road from the railroad tracks to US 301? Mr. Daughters stated that the preliminary indication is sufficient right-of-way exists; however, further study is required. Vice Mayor Hogle stated that three lanes may be desirable with the potential business growth on the north side of Myrtle Street. Commissioner Quillin asked if the upgrade of the railroad crossing is included in the cost of upgrading Myrtle Street? BOOK 47 Page 19522 04/17/00 6:00 P.M. BOOK 47 Page 19523 04/17/00 6:00 P.M. Mr. Daughters stated yesi that the grade of the road will be changed; that the bridge over the bayou should also be replaced, which is included. City Manager Sollenberger stated that the Administration's recommendation is to: 1. Express support for the improvement of Myrtle Street from US 41 to US 301 as a two-lane project with utilization of $500,000 from the L.O.S.T. extension and $800,000 from impact fees. 2. Approve the funding of the projects according to the Transportation Impact Fee Project Priority List for FY 2000/01. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yesi Pillot, yes. City Manager Sollenberger referred to the April 10, 2000, Commission Information Memorandum as follows: Road Impact Fees: The Board of County Commissioners was extremely receptive to the City's proposals for modification of the road impact fee ordinance. City Manager Sollenberger stated that representing the City Commission before the County Commission was a pleasure; that the County Commission agreed to do everything requested by the City Commission, is receptive to continuing dialog, and received the presentation by C. Allen Watts, the City Special Legal Counsel and expert on impact fees; that Attorney Watts was clear the County could require the City be subject to impact fees if the City opted out of the current impact fee agreement; however, inclusion of all municipalities in a new impact fee ordinance would be required; that a constructive dialog with the County is occurring. 18. UNFINISHED BUSINESS: APPROVAL RE: REQUEST FROM GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORPORATION (GNCRC) TO CHANGE THEIR AGREEMENT REGARDING ARTICLE FIVE: : CONSIDERATION AND LIMITATION OF COSTS APPROVED (AGENDA ITEM VI-2) #3 (1570) through (2552) Gibson Mitchell, Director of Finance, came before the Commission and stated that at the April 3, 2000, Regular Commission meeting, the Greater Newtown Community Redevelopment Corporation (GNCRC) made the second quarterly report and requested a meeting with Staff regarding reimbursements; that on April 6, 2000, GNCRC representatives met with Staff; and referred to an April 7, 2000, letter from Cynthia Porter, GNCRC Executive Director, requesting a change in the current agreement to allow for the execution of a quarterly payment at the beginning of each quarter. Mr. Mitchell continued that the current agreement was signed in January 2000 for the fiscal year (FY) 1999/2000; that Article 5 of the agreement provides funding on a reimbursement rather than an advance basis; that two payments were issued to the GNCRC based on a misinterpretation of the current agreement which was reported in the City Manager's March 2000 Commission Information Memorandum; that the next reimbursement would occur after June 30, 2000, under the current agreement; that the GNCRC requests making the first payment received on January 6, 2000, an advance and the second payment received on February 6, 2000, a reimbursement for the first quarter ending March 31, 2000; that if approved, the GNCRC would be entitled to another reimbursement; that the GNCRC would be entitled to a fourth reimbursement as of June 30, 2000; that on September 30, 2000, no reimbursement would be forthcoming; however, a final report indicating fulfillment of the commitments to the City would be required. Commissioner Cardamone asked the reason for the requested change? Che Barnett, Assistant Director GNCRC, came before the Commission and stated the cost of floating sufficient funds to support the operations for three or four months on a line of credit until a reimbursement is received is part of the reason; that at the April 6, 2000, meeting, a report was provided indicating $2,000 in annual interest fees; that the process has caused difficulties in overall planning; that the GNCRC is trying to avoid the impact of interest paid. Commissioner Cardamone stated that providing City funding for interest payments was not intended. Ms. Barnett stated that funds must be borrowed which causes an additional expense and interest if GNCRC does not have funds to pay operational expenses; that the initial year's funding seeded the upcoming year; however, currently cash flow problems have resulted. Commissioner Cardamone asked the amount of the debt resulting in $2,000 a year in interest? Ms. Barnett stated that the line of credit is approximately $35,000. Commissioner Quillin stated that as a businesswoman, reducing expenses is occasionally necessary; that funding was provided BOOK 47 Page 19524 04/17/00 6:00 P.M. BOOK 47 Page 19525 04/17/00 6:00 P.M. GNCRC * in FY 1998/99; that other funding sources are available; that the requested change in the agreement is a concerni that funding must be found if necessary to meet expenses; that an agreement was made with the GNCRC; that last year, the City allocated $100,000 and an additional $56,000; that the City also approved funding for FY 1999/2000. Ms. Barnett stated that the funding received is beginning to provide results as some smaller grants were received to offset administrative expenses; that the initial agreement concluded in the summer of 1999; that other funding sources were utilized for the period of September 1999 through January 2000, at which time the current agreement was signed; that the GNCRC recently was awarded funds by the Office of Housing and Community Development for GNCRC's housing program and includes developer fees which can be used towards housing programs and administrative expenses. Commissioner Quillin stated that the funds are being utilized in Newtown Estates, which is outside of the City limits and a concern. Ms. Barnett stated that Newtown Estates is not GNCRC's only housing program; that another project is the renovation of a home on Osprey Avenue; that GNCRC's housing projects are not limited to Newtown Estates, which was an opportunity presented for a housing partnership. Vice Mayor Hogle stated that the Commission questions are understandable; however, GNCRC cannot respond the same as a major retail chain or grocery store; that GNCRC's efforts are respected and should be supported. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to have an amendment to the agreement prepared to reflect the requested change and authorize the Mayor and City Auditor and Clerk to execute. Vice Mayor Hogle stated that by the end of FY 1999/2000, GNCRC should have a method in place to achieve a better economic path; that balancing income and expenses is difficult; that the request is reasonable to assure GNCRC is viable by the end of FY 1999/2000. Commissioner Cardamone asked for further clarification of the necessity for the request. Mr. Mitchell stated that an in-depth analysis has not been conducted; that the Commission previously requested Staff to present a reasonable budget for GNCRC; that the budget presented by Staff was less than proposed by GNCRC; that GNCRC continues to pay the higher salaries resulting from raises in July 1999; however, the agreement provides for reimbursement for salaries only to the extent approved by the Commission; that GNCRC received advance funding during the first-year program; therefore, GNCRC was without reimbursement during August and September 1999; that additionally, GNCRC was without funding during the first quarter of 2000 due to negotiations concerning the agreement; therefore, GNCRC was required to obtain a line of credit. Commissioner Cardamone stated that salaries were a focus in the current agreement; that a study of comparable City positions was conducted; and asked for clarification of the reimbursement to GNCRC for salaries. Mr. Mitchell stated that the line of credit may have been required due to GNCRC's paying higher salaries. Commissioner Cardamone asked if the higher salaries are being funded by other sources? Mr. Mitchell stated that an answer is not known; that the implication is not the higher salaries are being funded by City funding. Commissioner Quillin stated that GNCRC could be paying the approved salaries with City funds; that the line of credit could have been used, resulting in an over-extended situation, in the hope of receiving grants to meet administrative costs; that an advance payment is a concern as the agreement is performance based; that a method of measuring performance is required. City Manager Sollenberger stated that GNCRC may be able to provide more authoritative responses to questions concerning supplemental funding sources than City Staff. Commissioner Cardamone asked for clarification of the City's access to GNCRC's financial records? Mr. Mitchell stated that the City has the right to audit and review GNCRC's financial records at any time. City Auditor and Clerk Robinson stated that the City has reviewed the reimbursements; that upon questioning, GNCRC indicated the City is only reimbursing for salaries as approved by the City. City Manager Sollenberger stated that the use of City funds has been reviewed but not the use of non-City funds. Ms. Barnett stated that no request for reimbursement is submitted which has not been approved by the City in the scope of services; that GNCRC has funds in addition to City funding; that minor grants and corporate donations have been received and are BOOK 47 Page 19526 04/17/00 6:00 P.M. BOOK 47 Page 19527 04/17/00 6:00 P.M. utilized to pay expenses such as rent not included in the agreement with the City. Jetson Grimes, President of the GNCRC Advisory Board, came before the Commission and stated that all expenditures are approved by the GNCRC Advisory Board; that funding from grants and corporate donations are utilized for additional operational expenses. Commissioner Quillin stated that GNCRC's providing information as to additional gifts upon receipt would be helpful to demonstrate the diversity and the commitment which can be communicated to the community; that changing the current performance-based agreement which is funded with tax dollars is a concern. Mayor Pillot called for a vote on the motion to have an amendment to the agreement prepared to reflect the requested change and authorize the Mayor and City Auditor and Clerk to execute. Motion carried (3 to 2): Cardamone, no; Hogle, yes; Mason, yes; Quillin, no; Pillot, yes. 19. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. O0R-1270, APPROPRIATING $64,850 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO FUND THE GREATER DOWNTOWN ACTION TEAM PROGRAMS OF: GENERAL ADMINISTRATION: AFTER SCHOOL ASSISTANCE AND SKILLS DEVELOPMENTI ADULT EDUCATION; SARASOTA COURTWATCH; DOMESTIC VIOLENCE; FAMILY OUTREACH; HOUSING PROGRAM; AND GENERAL NEIGHBORHOOD IMPROVEMENT; ETC. (TITLE ONLY) - ADOPTED RESOLUTION O0R- 1270 WITH THE DIRECTION FOR THE ADMINISTRATION TO ATTEMPT TO IDENTIFY FUNDING IN THE FISCAL YEAR (FY) 2000/01 BUDGET AND AUTHORIZED THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE AGREEMENT WITH THE GREATER DOWNTOWN ACTION TEAM (AGENDA ITEM VI-3) #3 (2556) through (3171) Gregory Horwedel, Director of Neighborhood Development, and Gibson Mitchell, Director of Finance, came before the Commission. Mr. Horwedel stated that in October 1999, the Commission approved a request from the Greater Downtown Action Team (GDAT) for one: year's funding in the amount of $64,850 and directed Staff to work with GDAT to return with a work plan and budget; that three meetings were held with GDAT, which has submitted a complete budget and a scope of activities including the following: 1. Aiter School Program 2. Adult Education 3. Courtwatch 4. Domestic Violence Program 5. Family Outreach 6. Housing Program 7. Neighborhood Improvement 8. General Administrative Costs Patty Snyder, 803 Goodrich Avenue, representing the Greater Downtown Action Team, came before the Commission and stated that the City's support would be appreciated. City Manager Sollenberger stated that the Commission approved GDAT's one-year funding request, which was referred to the Administration to determine use and the funding source; that the only funding source available is an appropriation from the unappropriated fund balance of the General Fund; that the Administration recommends: 1) adopting proposed Resolution No. O0R-1270 to fund the Greater Downtown Action Team program for one year, effective May 1, 2000, from the unappropriated fund balance of the General Fund and 2) authorizing the Mayor and City Auditor and Clerk to execute the agreement with the Greater Downtown Action Team. City Auditor and Clerk Robinson read proposed Resolution No. OOR- 1270 in its entirety. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to adopt proposed Resolution No. O0R-1270 and to authorize the Mayor and City Auditor and Clerk to execute the agreement with the Greater Downtown Action Team. Vice Mayor Hogle stated that GDAT meetings have been attended; that the progress has been witnessed; that the City should assist with funding. Commissioner Mason agreed. Commissioner Quillin stated that congratulations are offered for the work GDAT performs; that GDAT should inquire about grants and also funding from the Law Enforcement Trust Fund (LETF) which allocated funds to Courtwatch; that the concern is taking funds from reserves; that over $1 million has been taken from reserves; that the hurricane season is imminent; that funds for GDAT should be budgeted so the source of the funds is known and a precedent of taking funds from reserves for every request is not established; that taking funds from reserves is not good budgeting or indicative of good fiduciaries; therefore, the motion will not be supported. Commissioner Cardamone stated that the request is supported; that the funding could be for May through September 2000; that the balance could be presented in the fiscal year (FY) 2000/01 budget. BOOK 47 Page 19528 04/17/00 6:00 P.M. BOOK 47 Page 19529 04/17/00 6:00 P.M. City Manager Sollenberger stated that the funding request is for one time. Mr. Mitchell stated that the budget process does not provide for extra funding; that additional funding in the budget is provided by taking funds from reserves or raising taxes; that the Commission already approved the request and directed the Administration to develop a proposed agreement; that providing funding only for the balance of FY 1999/2000 implies the additional funding will come from the budget; however, the Administration's proposed budget has not been brought forth at this time. Mayor Pillot stated that an option is for the Commission to decide among the components of the budget to determine which items will or will not be funded. Mr. Mitchell referred to the April 10, 2000, Commission Information Memorandum indicating Administration approval of a Residential Plans Examiner which will be incorporated in the budget and produce pressure on the budget; that deferring to the budget process does not provide alternate funding sources. Commissioner Cardamone stated that the Administration is requested to include the funding beginning October 1, 2000, in the budget. Mayor Pillot called for a vote on the motion to adopt proposed Resolution No. OOR-1270 with the direction for the Administration to attempt to identify funding in the Fiscal Year (FY) 2000/01 budget and to authorize the Mayor and City Auditor and Clerk to execute the agreement with the Greater Downtown Action Team Mayor Pillot 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. 20. NEW BUSINESS: DISCUSSION RE: DOWNTOWN ASSOCIATION (DTA) FUNDING REQUEST - APPROVED TO MAKE AVAILABLE $34,000 IN FUNDING WITHOUT THE USE OF RESERVES FOR THE BALANCE OF FY 1999/2000 AND GIVE CONSIDERATION TO BUDGETING $50,000 FOR FY 2000/2001 AND $55,000 FOR THE FY 2001/2002 AT THE APPROPRIATE TIME (AGENDA ITEM VI-1) #3 (3176) through (3803) City Manager Sollenberger stated that at the April 3, 2000, Special meeting of the Community Redevelopment Agency (CRA), the Downtown Association of Sarasota, Inc. (Downtown Association), made a funding request; that the CRA voted to recommend the Commission approve the funding request as follows: $50,000 FY 1999/2000 $50,000 FY 2000/2001 $55,000 FY 2001/2002 City Manager Sollenberger stated that the CRA recommended the City incorporate the funding into the budget for FY 2000/01 and make available funds from the Occupational License Tax for FY 1999/2000; that $13,000 is unencumbered in Occupational License Tax funds; that $21,000 is the balance available to fund a Business Improvement District (BID) feasibility study; therefore, $34,000 could be made available for the remainder of FY 1999/2000 if desired; that Staff could also be instructed to budget $50,000 for FY 2000/01 and develop an agreement with the Downtown Association, if desired. Commissioner Quillin stated that $15,000 is budgeted for the July 4, 2000, celebration and asked if the City would be funding an additional $34,000 in addition to the $15,000 and, if SO, the source. City Manager Sollenberger stated that the funding will be derived from the Occupational License Tax which is collected by the County and remitted to the City on a population basis; that $13,000 of the funds is unencumbered; that $21,000 is the balance from the funds previously made available to the Downtown Association to fund a BID District feasibility study; that the BID District efforts have been discontinued; that the funds have not been expended. Commissioner Quillin stated that the Administration was quoted as promoting a BID district. City Manager Sollenberger stated that developing a BID district is of interest; that the Downtown Association faced a mixture of property and business owners; that the City should take the role of facilitator to bring the parties together for an agreement on a BID District and determine the funding mechanism; that the Downtown area is about 450 acres; that the City could contact an individual with expertise in the complex situation which the Downtown Association faces; that Sarasota has the same size Tax Increment Financing (TIF) District as Orlando; that the City Attorney's Office may employ outside counsel as the City knows the basics but may require additional guidance; that workshops and meetings with property and business owners should be projected for the future; that the City could be in a position to facilitate a resolution. Mayor Pillot stated that the BID District is important and upcoming but is not directly relevant to the issue before the Commission currently; that the Administration's recommendation is BOOK 47 Page 19530 04/17/00 6:00 P.M. BOOK 47 Page 19531 04/17/00 6:00 P.M. to make available $34,000 in funding without the use of reserves for the balance of FY 1999/2000; that if approved, consideration could be given to $50,000 for FY 2000/2001 and $55,000 for the FY 2001/2002 at the appropriate budget time. City Manager Sollenberger stated that is correct. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to approve the Administration's recommendation. Commissioner Quillin stated that funds can only be encumbered for FY 2000/01. Mayor Pillot stated that the word consideration" was used. Commissioner Quillin stated that consideration of future funding should be tied to the Occupational License Tax; that the hope was for a more refined proposal from the Downtown Association; that the proposal includes development of a demographic database which is a good idea; that the proposal also includes development of a web site which is a concern as in-kind services could have been received and a linkage established with the City to utilize some of the City's talent. Mayor Pillot stated that reviewing the Downtown Association's proposal and accounts for the calendar year was surprising; that the high quality of service received from the Downtown Association is provided with low salaries and expenditures; that overhead expenses are kept to a minimum; that the City is receiving a significant bargain for the expenditure. Mayor Pillot called for a vote on the motion to make available $34,000 in funding without the use of reserves for the balance of FY 1999/2000 and give consideration to budgeting $50,000 for FY 2000/2001 and $55,000 for the FY 2001/2002 at the appropriate time. Motion carried unanimously (5 to 0): : Cardamone, yes; Hogle, yes; Mason, yesi Quillin, yes; Pillot, yes. 21. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE CITY ATTORNEY TO PREPARE AN AGREEMENT, THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE AN AGREEMENT FOR THE RADISSON HOTEL TO TEMPORARILY LEASE PARKING SPACES IN THE LIDO BEACH PARKING LOT - APPROVED THE REQUEST TO TEMPORARY LEASE PARKING SPACES AT LIDO BEACH; AUTHORIZED THE CITY ATTORNEY TO PREPARE THE AGREEMENT AND THE MAYOR TO EXECUTE AND THE CITY AUDITOR AND CLERK TO ATTEST; APPROVED TO USE ALL FUNDS FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT THE CHILDREN'S PLAY AREA AT LIDO BEACH AND HAVE THE RADISSON HOTEL RESTRIPE THE PARKING LOT (AGENDA ITEM VI-2) #3 (3804) through #4 (0236) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that a request was received from the Radisson Hotel to lease parking spaces temporarily in the Lido Beach parking lot to facilitate construction of the expansion of the Radisson Hotel; that the Radisson Hotel requests 30 spaces from May 1, 2000, through August 31, 2000, and 60 spaces from September 1, 2000, through September 1, 2001; and referred to the April 6, 2000, memorandum from William Hallisey, Director of Public Works, and the April 6, 2000, memorandum from Lewis White, Lieutenant, Sarasota Police Department, concerning the effects on beach operations. Mr. Schneider stated that Staff discussed the proposal with the County Parks and Recreation Department which advised the area is the least used by the public but receives peak use on weekends and holidays; the Administration's recommendation is to: 1. approve the request of the Radisson Hotel to temporarily lease parking spaces in the Lido Beach parking lot, charge $45 rent per month per space, and dedicate the revenue to playground equipment in the children's play area at Lido Beach and the balance to restripe the parking lot; 2. authorize the City Attorney to prepare the agreement; and 3. authorize the Mayor to execute the agreement and the City Auditor and Clerk to attest. Mr. Schneider stated that the City has no funds available to upgrade the playground equipment in the children's play area at Lido Beach; that the revenues would allow the City to upgrade the children's play area. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to approve the Radisson Hotel request to Cemporarily lease parking spaces at the Lido Beach parking lot, authorize the City Attorney to prepare the agreement, authorize the Mayor to execute the agreement and the City Auditor and Clerk to attest, and to use the funds received for the parking rental for the purchase installation of playground equipment the children's play area at Lido Beach. Vice Mayor Hogle stated that at the groundbreaking of the new Radisson Hotel, representatives indicated additional funds may be provided if the rental revenues are not sufficient for the purchase and installation of the playground equipment required. BOOK 47 Page 19532 04/17/00 6:00 P.M. BOOK 47 Page 19533 04/17/00 6:00 P.M. Commissioner Cardamone stated that the City received correspondence from residents of St. Armands regarding the deplorable condition of the children's play area; that all the revenues collected for parking should be allocated to the children's play area; that the Radisson Hotel should restripe the parking lot. Vice Mayor Hogle, as the maker of the motion, with the approval of Commissioner Mason, as the seconder, stated that the motion is amended to include a stipulation that the Radisson Hotel will restripe the parking lot. Mayor Pillot restated the motion as to approve the Radisson Hotel request to temporarily lease parking spaces at the Lido Beach, authorize the City Attorney to prepare the agreement, authorize the Mayor to execute the agreement and the City Auditor and Clerk to attest and to use all funds received for the parking rental for the purchase installation of playground equipment at the children's play area at Lido Beach and have the Radisson Hotel restripe the parking lot. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 22. NEW BUSINESS: REPORT RE: NORTH SIESTA KEY CHANNEL SPEED LIMIT APPROVED TO POST 6-MILE-PER-HOUR SIGNS ON NAVIGATION CHANNEL MARKERS NOS. 1 THROUGH 11 IN THE NORTH SIESTA KEY CHANNEL (AGENDA ITEM VII-3) #4 (0236) through (1925) City Manager Sollenberger stated that a report concerning the status of a request received from a resident of Siesta Key regarding speed limits in the north Siesta Key channel will be presented; that the Administration recommends no change in the speed limit at the north Siesta Key channel. Mark Singer, Attorney, City Attorney's Office, and Gordon Jolly, Chief of Police, Sarasota Police Department, came before the Commission. Attorney Singer stated that the request is for the City to take action to reduce watercraft speed in the navigation lane of the north Siesta Key channel, which extends west from the Siesta Drive Bridge along the north Siesta Key shoreline towards Big Pass and merges with the main north Siesta Key channel Intracoastal Waterway and travels through Sarasota Bay. Attorney Singer referred to a map of the north Siesta Key channel included in the Agenda material and stated that Sarasota County erected six regulation green navigation markers on pylons in the channel in 1999; that application for regulation of boating speed can be made to the Department of Environmental Protection (DEP) ; however, the State and County have advised enacting a rule for the benefit of upland property owners is difficult; that DEP considers the frequency of motorboat accidents or dangers to the environment, mangroves, manatees, etc., in the area of requested regulation to determine if water regulations such as a "No Wake Zone" or a "Minimum Wake Zone" should be imposed; that the County erected the six navigation channel markers as the north Siesta Key channel is a "wash channel, I i.e., a channel created by tidal action; that boaters have used the channel for years; however, boat groundings had occurred; therefore, navigation markers were erected to reduce the number of boat groundings; that the result was more boats began using the north Siesta Key channel; that the use is estimated to have tripled, causing an adverse impact and safety concerns to boaters and property owners; that no vessel accidents have been reported; that the Police Department, the County, and the State consider actual data, i.e., reports of injuries to persons, manatees, etc., which were at a minimum; that Section 10-41, Sarasota City Code (1986 as amended) provides for the ability to restrict the speed of watercraft to 6 miles per hour (mph) i however, posting of signs is required; that signs could be erected on the County navigation markers indicating the. 6-mph speed limit; that no special enactment is required, simply approval by the State and County, which would probably be forthcoming as long as enforcement is not expected by either entity; that the problems from the City's perspective are: 1) the location has no history of accidents and 2) the County and the State will not enforce the regulations; that any enforcement burden falls on the City; therefore, the Administration recommends against placing 6-mph speed limit signs on the north Siesta Key channel navigation markers. Chief Jolly stated that under Section 10-41, Sarasota City Code (1986 as amended), the City can post the north Siesta Key channel as a 6-mph speed zone for boats; that one concern is the ability to provide an adequate level of. enforcement as the Marine Patrol and County Sheriff Office are not authorized to enforce City Codes and the City Police Department, which is authorized to enforce City Codes., has one boat in operation with intentions of. staffing a second boat within the next six weeks; however, the level of enforcement would still be "spotty"; that another concern is a section as large as the entire north Siesta Key channel has not previously been marked; that a policy decision is required; that the Police Department will submit applications for the proper permits to the County and the State if the Commission wishes to post the 6-mph signs. Mayor Pillot asked if the Commission has the power to authorize the State and County to enforce the City laws and ordinances? BOOK 47 Page 19534 04/17/00 6:00 P.M. BOOK 47 Page 19535 04/17/00 6:00 P.M. City Attorney Taylor stated that the County and State agencies indicated the 6-mph signs would not be enforced. Mayor Pillot stated that entorcement would be spotty as the City has one boat on the water during daytime hours and the police covers a large jurisdiction of water within the City limits; and asked if a law enforced sporadically is valid? Chief Jolly stated that the speed limit signs may have the desired effect; that the concern is the expectations of the residents on north Siesta Key; and asked if strong entorcement would be expected if speed limit signs are posted?. Mayor Pillot stated that a notice could be distributed to residents before the signs are posted indicating law enforcement would be spotty although the signs will be a deterrent; that less than strict enforcement may be sufficient for the residents. Commissioner Quillin asked the length of time the navigation channel markers have been posted and who posted the markers? Chief Jolly stated that according to the County, the markers were erected last year; that the reason the County posted the markers was due to boat groundings. Commissioner Quillin stated that asked if the City was involved concerning the requirement for markers prior to the County's proceeding and if the County had inquired concerning any potential problems? Chief Jolly stated that the County did not approach the City before the navigational channel markers were posted. Commissioner Quillin stated that the City could have requested a No Wake Zone if the County had approached the City before marking the channel. Chief Jolly stated that a petition must be filed with the Department of Natural Resources (DNR) through the DEP for a No Wake Zone, which is rarely obtained to protect property owners; that proof must be submitted concerning the amount of accidents or threats to manatees, the environment, etc. Vice Mayor Hogle stated that 5 years ago, boaters discovered a shortcut to Big Pass by skirting the edge of Bird Key as long as the position of the sandbar was known; that at the time, the police received many complaints from the boat owners and residents on Bird Key about similar problems to those residents of Siesta Key who were having problems with water washes and safetyi that speed limit signs within 150 feet of the seawall were installed along Bird Key; that a similar problem occurred at Harts Landing regarding jet skis; and asked if the speed limit violations have a problem from a prosecutorial side. Attorney Singer stated that the number of citations issued for violations is not on record; that the police officer in charge prefers compliance rather than enforcement by issuance of citations; however, having a citation for a DNR rule violation issued, which is similar to a speeding ticket and is satisfied by payment of a fine, is preferred to a summons citation for violating a City regulation which requires an appearance in court; that warnings are preferred to keep an accident from happening rather than summoning people to appear in court. Vice Mayor Hogle stated that in the Bird Key experience, the problem no longer existed due to the signs, a good media job and a positive police enforcement. The following people came before the Commission: James Syprett, 3401 Flamingo Avenue, (34242), referred to his March 31, 2000, letter to the Commission explaining the situation at the north Siesta Key channel and referred to a board display of an aerial view of the indicating north Siesta Key and the north Siesta Key channel shortcut to Sarasota Bay and stated that boaters traveled Slower when no markers. existed; that upon posting the markers in 1999, the sense was of a notice was posted on the Intracoastal Waterway indicating the existence of a clear and deep shortcut through which to speed; that 90 percent of the boats coming from the south to reach Big Pass and Lido Key come through the north Siesta Key channel; that a count of boats passing through the channel was caken on April 15, 2000 from 9 a.m. to 6 p.m.i that twice the amount of boats, i.e., 500 boats, traveled through the channel with a bad weather forecast than the longer way around Siesta Keyi that on April 8, 2000, from 9 a.m. to 3 p.m. on a cloudy morning, an estimated three times the number of boats entered the north Siesta Key channel rather than other channels; that starting in May, the boats should number between 1,500 and 2,000. on weekends; that the channel is narrow and bounded by a seawall with no speed regulations which is a dangerous situation; that the boats travel from 6 mph to 60 mph; that the danger is to boaters as well as dock owners on the channel; that the docks into the north Siesta Key channel cannot be used on heavy boat traffic days without risking danger; that the north Siesta Key channel is bounded by a seawall, is a main thoroughfare to get from destination to destination, and is extremely unique; that every boat south of Siesta Key to Blackburn Point uses the channel; that spotty enforcement would suffice; that the recommendation is for the City to erect the signs; that 95 percent of the boaters will obey; that the residents can live with the 5 percent of boaters who will not comply and require discipline; that if the signs are posted, the assigned police officer could write warnings for one day; that boaters witnessing the scene will not know if the boater is BOOK 47 Page 19536 04/17/00 6:00 P.M. BOOK 47 Page 19537 04/17/00 6:00 P.M. getting a ticket or a warning; that the word regarding law enforcement will travel fast; that the residents believe the problem could help be resolved if the assigned officer comes back one to two hours a month and stops a couple of boats; that the City has the power, police protection and the funding; that not posting 6-mph signs in a dangerous boating area due to an inability to provide full enforcement is impossible to comprehend. Susan Barcomb, 878 Siesta Drive, President of the Siesta Key/Bay Island Association, stated that Siesta Key is inhabited by 300 homes; that the dangerous situation of speeding boats was brought before the Association's Board in August 1999, at which time the President corresponded with the City explaining the problem and supporting the posting of 6-mph signs; that last week, additional correspondence was sent to the City regarding the situation and explaining the need for supporting 6-mph signs; that as President of the Association, over 24 telephone calls were made to residents of Siesta Key; that the response was that danger is imminent to users of canoes, kayaks, boaters who travel at a slower pace, and property owners; that the request is for the City to authorize posting of 6-mph signs. Mark D'Amato, 3201 Higel Avenue (34242), stated that the most narrow area of the north Siesta Key channel is at his residence at the back patio; that frequently as many as four boats go through the narrow area at one time, creating a tremendous problem; that using the boat davit is almost impossible due to the boat wake; that injuries have occurred; that loading and unloading his small children from the boat is extremely difficult; that a manatee zone is on the east side of the property; that manatees travel up and down the waterway three to four days a week and into a supposedly protected area but are encountering boats with tremendous speeds; that resident dolphins are also living in the area; that Mote Marine Laboratories studies the dolphins and makes scheduled stops for passengers to observe; that the tourist boat "Le Barge" also schedules stops to view the dolphins which is almost impossible at times due to the fast speed of the boats and the back wash. Mayor Pillot asked if posting 6-mph signs, even with minimal enforcement, is acceptable? Mr. D'Amato stated yes; that police have never been noticed in other areas with a No Wake Zone and speed limits. Mayor Pillot stated that if signs were posted, the police will do the best possible; however, the residents should understand enforcement will be spotty and occasional; that the speakers are requested to respond to the acceptability of the situation. Dan Lawrence, 2-year resident of 943 Norsota Way, (34242) and registered boat owner for 25 years, stated that the boating area in the channel is extremely dangerous; that a police officer was at the scene of the boating accident recently taped in front of the Norsota Way residence; that boats in excess of 40 feet are plowing through the narrow channel, creating waves four feet high; that a 20-foot flat boat hit a wave recently; that two passengers were thrown from the vessel; that immediately the boat circled and circled for about thirty minutes while the Florida Marine Patrol, a Sheriff's Department boat and the City Police Department were trying to figure a method to stop the boat from circling; that the Coast Guard finally controlled the boat while heading for the bridge; that jet skiers without boating skills fly through the narrow channel at 60 mph; that the problem would not exist if everyone were a responsible boater and traveled at a lawful speed; that slowing down the boating speed in the channel is important for the residents and the community; that most boaters would comply if 6-mph signs were posted. Mayor Pillot stated that the belief is boaters will comply with posted signs even though enforcement may be spotty. Mr. Lawrence stated yesi that boaters, fishermen and people in general will abide by the law. Commissioner Cardamone stated that close friends witnessed the boating accident taped; that the question is what happened to the people? Mr. Lawrence stated that the boaters were thrown out of the boat and flew about 20 feet but were not hit by the circling boat; that a man in a 22-foot boat rescued the people who watched the out-of-control boat; that the personal suggestion to the Coast Guard was to pull up as close as possible and have someone jump into the boat which was the manner in which the boat was stopped; that a construction worker jumped into the boat and cut the motor. Ronald Vincent, resident of 735 Norsota Way for 9 years, (34242), stated that he had to return to the boat slip four times while recently attempting to back out his 39-foot boat due to the mud which exists during low tide; that the channel is roughly 40 feet from the end of the 50-foot dock to the mud area, which means 40- - 50- and 60-foot boats go through the area at maximum speeds; that recently children were soaked when a 60-foot boat threw waves; that the markers are not lit making them impossible to see at night which will eventually cause an accident; that neighbors recently installed a new dock; that subsequently, a large boat passed by and sank the boat on which they were standing, the boat submerged and the couple swam to shore; that the question is: what is the reason these boating incidents are not reported; that the reply received is such incidents are everyday occurrences; that construction firms working on the docks move the barges with BOOK 47 Page 19538 04/17/00 6:00 P.M. BOOK 47 Page 19539 04/17/00 6:00 P.M. cranes to the back side of the north bridge if the work is not finished the same day due to the heavy waves; that the concern is someone will be killed if something is not done soon; that the pressure of the waves is terrific if two 30- to 40-foot boats are traveling in opposite directions and at 30 to 40 mph; that most people will honor the signs if posted and realize constant policing is not possible. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to extend the meeting beyond the allotted time of 11:30 p.m. to complete the Agenda. Motion carried unanimously (5 to 0): Cardamone, yesi Hogle, yesi Mason, yesi Quillin, yes; Pillot, yes. Clifford Lee, 723 Norsota Way, (34242), stated that his family moved to Sarasota in 1995; that several people have witnessed accidents even though the accidents have not been reported; that in October 1999, a boat going 50 mph hit a kayak, flipping it over; that the victim would not go to a hospital or call the police; that recently all personally owned jet skis and jet boat were sold due to the nightmare in the channel; that a friend from Seattle was visiting with children; that a jet boat came by at about 35 to 40 mph approximately about 10 feet from the end of the dock; that the wake hit the friend's 4-year-old child causing bruises and cuts; that bad accidents and death will occur if nothing is done; that as a boater, traveling at 6 mph is no problem; that public safety is a requirement for any community; that the problem will cease if the police write a few warnings the first month; that the 6-mph signs would be great along with whatever enforcement the police can provide. Charlie Ann Syprett 3401 Flamingo Avenue, (34242), stated that a unique and privileged personal position is presented of working at a home office as an attorney and a writer and having a lovely view of the bay; that part of the job is writer's block which helps by looking out the window; that the residents would be negligent and irresponsible not to present this dangerous issue to the Commission; that not doing anything as police enforcement would not be constant would be irresponsible and unfair to the City and the citizens; that posting signs will act as a deterrent which is the first step in protecting the public and is necessary. Chief Jolly stated that hearing about undocumented accidents in the channel is surprising; therefore, the recommendation is changed to proceeding with posting 6-mph signs in the channel; that the Police Department will work closely with the residents' Association to petition the DNR through DEP to establish a No Wake Zone which is a long and protracted process. Mayor Pillot asked if the recommendation is endorsed? City Manager Sollenberger stated yes. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to post 6-mph signs on channel markers Nos. 1 through 11 in the north Siesta Key channel. Commissioner Cardamone stated that the scenes at north Siesta Key have been horrendous, with jet skis skirting in between fast boats, people pulling dinghies at tremendous speeds and small sailboats in between motorboats; that a discussion occurred with the residents concerning the difficulty in making the length of the channel a No Wake Zone. Vice Mayor Hogle stated that the media exposure received during the same problem at Bird Bay helped approximately 75 percent of the problem and could assist at Siesta Key. Commissioner Quillin stated that the petition must be presented to the State and may or may.not be successful. Mayor Pillot stated to the City should do more than just posting signs; that meetings cold be held with the Neighborhood Association. Commissioner Cardamone agreed; and stated that the City should request help from the Sheriff's Department. City Attorney Taylor stated that if the Administration is asked to proceed with the County and the State, better enforcement is available under the State law than the 6-mph law which the City Attorney's Office will have to prosecute; that from experience, a Minimum Wake Zone or a No Wake Zone is an easier matter than a 6- mph violation; that the opportunity to obtain assistance from other law enforcement agencies should not be missed. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 23. NEW BUSINESS: REPORT RE: URBAN LAND INSTITUTE (ULI) WORKSHOPS CURRENTLY UNDERWAY AS SPONSORED BY THE BOARD OF COUNTY COMMISSIONERS = REPORT PRESENTED (AGENDA ITEM VII-4) #4 (1930) through (2103) Douglas James, Chief Planner, Planning and Development Department, came before the Commission and stated that the Sarasota Board of County Commissioners has held three of six scheduled workshops to consider the Urban Land Institute (ULI) Panel Draft Report released in January 2000 concerning the following topics: BOOK 47 Page 19540 04/17/00 6:00 P.M. BOOK 47 Page 19541 04/17/00 6:00 P.M. First workshop: Goals, objectives, and anticipated outcome as well as revitalization Second workshop: Infill Third workshop: Greenspace Mr. James continued that the fourth workshop is scheduled for April 18, 2000, and concerns urban and rural villages; that growth east of Interstate (I)-75 will be addressed; that on May 12, 2000, the County Commission will receive official comment, although comments are also permitted at the end of each workshop; that the official date for the City to participate as an interested party is at the May 12, 2000, County Commission meeting; that on approximately June 5, 2000, the County Commission will make a decision concerning the ULI Draft Panel Report based on the public input received; that the suggestion is that the Commission, in an appropriate forum, develop a statement to present to the County Commission; that Commissioner Cardamone sent correspondence to Raymond Pilon, Chairman of the Sarasota Board of County Commissioners, suggesting the City take a more active and proactive role in the discussions surrounding the ULI Draft Panel Report; that the request is reasonable as 30 percent of County residents live within municipal limits. Mayor Pillot stated that a request was received from the County Administration to designate a City Commissioner and Staff member as liaisons. City Manager Sollenger stated that is correct; that Mr. James is the Staff member designated. Mayor Pillot stated that Vice Mayor Hogle indicated a willingness to serve as the designated Commission liaison; that other Commisgioners'can be involved as desired. 24. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #4 (2110) through (2115) There wère no Commission Board or Committee reports. 25. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #4 (2117) through (2175) There were no remarks of Commissioners. 26. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (2117) through (2182) CITY AUDITOR AND CLERK ROBINSON A. stated that a report was requested concerning the Ringling Causeway Bridge at the May 1, 2000, Regular Commission meeting; that according to the Commission's procedures, citizens' comments would be allowed and due to the subject, this would be lengthy; and asked the wishes of the Commission concerning citizens' comments at the time of the Ringling Causeway Bridge report. Commissioner Cardamone stated that a status report is requested; that a lengthy discussion is not intended. City Auditor and Clerk Robinson stated that a notation of "Citizens' comments not permitted" will be included on the Agenda. Mayor Pillot asked for clarification of the plans of the US Coast Guard. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Florida Department of Transportation (FDOT) and the US Coast Guard ha been contacted but have not yet provided information. 27. ADJOURN (AGENDA ITEM XII) #4 (2181) There being no further business, Mayor Pillot adjourned the Regular meeting of April 17, 2000, at 11:42 p.m. OTA n sag GENE M. PILLOT, MAYOR 1 & Relunson BILLY, B. ROBINSON, CITY AUDITOR AND CLERK BOOK 47 Page 19542 04/17/00 6:00 P.M.