BOOK 45 Page 17687 11/02/98 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 2, 1998, AT 6:00 P.M. PRESENT: Mayor Jerome Dupree, Vice Mayor Nora Patterson, Commissioners Mollie Cardamone, and David Merrill, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT : Commissioner Gene Pillot PRESIDING: Mayor Jerome Dupree The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: GOVERNMENT FINANCE OFFICERS ASSOCIATION'S DISTINGUISHED BUDGET PRESENTATION AWARD AND THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING #1 (0066) through (0310) City Manager Sollenberger introduced Merv Timberlake, State Representative, Government Finance Officers Association (GFOA) of United States and Canada. Mr. Timberlake stated that the City of Sarasota has received the Distinguished Budget Presentation Award for the fiscal year (FY) beginning October 1, 1997; that less than 12 percent of the 390 municipalities in Florida received the Award for FY 97/98, which recognizes a significant achievement and reflects the commitment of the City Commission and Staff to meeting the highest principles of governmental budgeting; that in order to receive the Award, the City of Sarasota had to submit a document which satisfied nationally recognized guidelines for effective budget presentation and met criteria as a policy document, as an operations guide, as a financial plan, and as a communications medium; that the City of Sarasota has received the Distinguished Budget Presentation Award for eight consecutive years. Mr. Timberlake presented the Distinguished Budget Presentation Award to Gibson Mitchell, Director of Finance, who accepted the Award on behalf of Christopher Lyons, Deputy Finance Director, who was not in attendance. Mr. Timberlake stated that the City has also received the Certificate of Achievement for Excellence in Financial Reporting for the year ended September 30, 1997; that only 36 percent of the 390 municipalities in Florida received the Certificate of Achievement for the same review period; that in order to receive the Certificate of Achievement, the City of Sarasota had to publish an easily readable and efficiently organized Comprehensive Annual Financial Report (CAFR), the contents of which conform to program standards exceeding the minimum requirements of generally accepted accounting principles; that the City of Sarasota has received the Certificate of Achievement for Excellence in Financial Reporting for 17 consecutive years. Mr. Timberlake presented the Certificate of Achievement for Excellence in Financial Reporting to David Flatt, Accounting and Payroll Manager, and Judith Wallace, Accounting Supervisor. Mayor Dupree and City Manager Sollenberger commended the efforts of the Finance Department in preparing high-quality documents worthy of national recognition. 2. PRESENTATION RE: MANATEE COMMUNITY COLLEGE INSTITUTE OF GOVERNMENTI S (IOG) GOAL OF ASSISTANCE TO ORGANIZATIONS IN ENHANCING THE SKILL LEVEL OF THEIR WORKFORCE #1 (0310) through (0321) City Manager Sollenberger stated that the presentation by Tom Davenport, Ph.D., Director, Workforce Development Services, Manatee Community College (MCC), has been rescheduled to the November 16, 1998, regular City Commission meeting. 3. RECOGNITION RE: : PRESENCE OF COLLEGE STUDENTS AND BIRTHDAY OF JENCIE DAVIS #1 (0321) through (0406) Mayor Dupree welcomed and requested that students from New College and Ringling School of Art and Design, who were in attendance to observe the local legislative process, stand and be recognized. Approximately 15 students stood in the audience. Mayor Dupree recognized the 82d birthday of Jencie Davis; and stated that the dedication of both Ms. Davis and Betsy Kelley in attending City Commission meetings on a regular basis for the past 12 years is also recognized. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0406) through (0442) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under New Business, Item No. VIII-1, Approval Re: Authorize the Mayor to execute the Purchase Agreement between the City of Sarasota and Sixth Street Enterprises, Inc., for the sale of City-owned BOOK 45 Page 17688 11/02/98 6:00 P.M. BOOK 45 Page 17689 11/02/98 6:00 P.M. property located at 1419 and 1429 Sixth Street, per the request of Gregory Horwedel, Director of Neighborhoods and Redevelopment On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0) : Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. 5. APPROVAL OF MINUTES RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JUNE 17, 1998, ADJOURNED TO JUNE 19, 1998 AND MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 19, 1998 - APPROVED (AGENDA ITEM I-1,-2) #1 (0442) through (0496) Mayor Dupree asked if the Commission had any changes to the minutes. Mayor Dupree stated that hearing no changes, the minutes of the City Commission special meeting of June 17, 1998, adjourned to June 19, 1998 and regular meeting of October 19, 1998, are approved by unanimous consent. 6. BOARD REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF OCTOBER 7, 1998 - RECEIVED; AFFIRMED PBLP APPROVAL OF PETITION NOS. 98-SE-13, 98-SE-14 AND 98-SE-19; REMANDED PETITION NO. 98-SE-15 BACK TO THE PBLP TO CONSIDER RECONFIGURED BOAT DOCKS; SET PETITION NOS. 98-SE-17 AND 98-SUB-01 FOR PUBLIC HEARING ON NOVEMBER 16, 1998, CONCURRENT WITH PETITION NOS. 98-CO-05 AND 98-PSD-K (AGENDA ITEM II-1) #1 (0500) through (1089) Jane Robinson, Director of Planning and Development, and Lou Ann Palmer, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Ms. Palmer presented the following items from the Planning Board/Local Planning Agency's regular meeting of October 7, 1998: A. Petition No. 98-SE-13 Prew Academy Ms. Palmer stated that this is a request for a special exception to allow a school facility at the Girls, Inc. of Sarasota County building located at 201 South Tuttle Avenue in the Governmental Use (G) Zone District; that the PBLP found Petition No. 98-SE-13 consistent with the Sarasota City Plan and recommends Commission affirmation of the PBLP resolution approving the special exception request subject to the following conditions: 1. Applicant shall extend the existing wooden fence on the south side of the property a distance of approximately 50 feet toward Tuttle Avenue. The fence will be similar to that which is existing (i.e. same height and material), of equal or better quality, and comply with the vision clearance requirements of applicable codes as determined by the Manager of Building, Zoning and Code Enforcement. The fence shall be completed within 90 days of final approval of the special exception and preliminary site and development petitions by the City Commission. 2. The special exception shall be valid for a term commencing five years from the date of final approval by the City Commission after which time Special Exception No. 98-SE-13 shall automatically terminate and be of no further force or effect. Ms. Palmer stated that the petitioner intends to temporarily locate Prew Academy in the Girls, Inc., building and pursue construction of a permanent facility off site. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to affirm the PBLP resolution approving Petition No. 98-SE-13. Motion carried unanimously (4 to 0) : Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. B. Petition No. 98-SE-15 Lincoln Park Ms. Palmer stated that this is a request for a special exception to allow a community boat dock with six 13-foot by 25-foot slips in conjunction with the Lincoln Park subdivision planned at 936 South Osprey Avenue in the Residential, Single Family (RSF-2) Zone District; that the PBLP found Petition No. 98-SE-15 consistent with the Sarasota City Plan and recommended Commission affirmation of the PBLP resolution approving the special exception request subject to Board of Adjustment approval of Variance Petition No. 98-32 and receipt of all necessary State and Federal permits required in conjunction with the project; however, the Commission received a letter dated November 2, 1998, from William Maddox, General Partner, Lincoln Park Group, as petitioner, requesting the matter be remanded back to the PBLP for review as the Department of Environmental Protection (DEP) is requiring a reconfiguration of the boat docks for issuance of necessary permits. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to remand Petition No. 98-SE-15 to the BOOK 45 Page 17690 11/02/98 6:00 P.M. BOOK 45 Page 17691 11/02/98 6:00 P.M. PBLP for consideration of the reconfiguration of the boat docks. Motion carried unanimously (4 to 0): : Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. C. Petition Nos. 98-SE-17 Mandarin Park Ms. Palmer stated that 98-SE-17 is a request for a special exception to allow a 19-lot cluster housing subdivision in a Residential, Single-Family (RSF-3) Zone District in lieu of a 21-lot cluster housing subdivision approved by Special Exception 98-SE-12; that the PBLP found Petition No. 98-SE-17 consistent with the Sarasota City Plan and recommends Commission affirmation of the PBLP resolution approving the special exception request; that the PBLP also found Preliminary and Final Plat Application 98-SUB-01, which reduces the number of lots from 21 to 19 in the Mandarin Park Subdivision at 1926 Bahia Vista Street, consistent with the Sarasota City Plan and the Tree Protection Ordinance and recommends Commission approval. Ms. Palmer continued that accompanying conditional rezoning and site plan Petition Nos. 98-CO-05 and 98-PSD-K are scheduled for public hearing on November 16, 1998. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to set Petition No. 98-SE-17 for public hearing on November 16, 1998, concurrent with Petition Nos. 98-CO-05 and 98-PSD-K. Motion carried unanimously (4 to 0) : Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to set Preliminary and Final Plat 98-SUB-01 for public hearing on November 16, 1998, concurrent with Petition Nos. 98-CO-05, 98-PSD-K, and 98-SE-17. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. D. Petition Nos. 98-SE-14 and 98-SE-19 Harley-Sandcastle Hotel Ms. Palmer stated that Petition Nos. 98-SE-14 and 98-SE-19 have been filed in conjunction with Preliminary Site and Development Plan 98-PSD-L for remodeling to the Harley Sandcastle Hotel; that the property is located at 1540 Ben Franklin Drive in the Residential, Multiple Family (RMF-4) Zone District; that Petition No. 98-SE-14 is a special exception request to allow replacement construction of a hotel consisting of one hundred eighty-one (181) rooms and accessory uses in the RMF-4 Zone District; that Petition No. 98-SE-19 is a special exception request to allow an out-of- door pool bar as an accessory use to the hotel. Ms. Palmer stated that the PBLP found Petition Nos. 98-SE-14 and 98-SE-19 consistent with the Sarasota City Plan and recommend affirmation of the PBLP resolution approving the special exception requests; that the PBLP also found Preliminary Site and Development Plan 98-PSD-L consistent with the Sarasota City Plan and the Tree Protection Ordinance and approved the plan subject to final approval by the City Commission of Petition Nos. 98-SE-14 and 98-SE-19 and the petitioner's submitting a parking plan for the construction phase to the City Manager prior to receiving a building permit. Ms. Palmer stated that the out-of-door pool bar, which currently exists, will be relocated further from the residential area; that another beach bar is not proposed; that no opposition to the petitions was heard during the PBLP public hearing; that one resident spoke in favor of the petitions; that a reduction in impervious surface will occur as a result of the planned remodeling. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to affirm the PBLP resolution approving Petition Nos. 98-SE-14 and 98-SE-19. Vice Mayor Patterson stated that the out-of-door pool bar is essentially surrounded by the hotel facilities and should not disturb neighboring residents; and asked if processing another special exception would be required if the location of the pool bar changes. City Attorney Taylor stated yes; that relocation of the pool bar would be considered a substantial change. Mayor Dupree called for a vote on the motion. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to receive the board report of the October 7, 1998, PBLP meeting. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. 7. BOARD REPORT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD'S REGULAR MEETING OF JUNE 11, 1998 AND OCTOBER 8, 1998 - DIRECTED ADMINISTRATION TO DRAFT A RESOLUTION ACCEPTING APPLICABILITY OF COUNTY ORDINANCE NO. 97-082 WITHIN THE CITY OF SARASOTA (AGENDA ITEM II-2) #1 (1031) through (1820) Duane Mountain, Deputy Director of Public Works, came before the Commission. BOOK 45 Page 17692 11/02/98 6:00 P.M. BOOK 45 Page 17693 11/02/98 6:00 P.M. Mr. Mountain presented the following items from the Parks, Recreation, and Environmental Protection Advisory Board's meetings of June 11 and October 8, 1998: A. Sarasota County Ordinance No. 97-082 Sea Turtle Protection Mr. Mountain stated that, at the request of the City Commission, the City's Parks, Recreation, and Environmental Protection Advisory Board held a public meeting on June 11, 1998, to receive input regarding application of the County's Sea Turtle Protection Ordinance within the City; that Allen Jacks, Environmental Specialist, Sarasota County, gave a presentation outlining the natural and man-made threats to sea turtles, Federal and State laws in effect, and the education and enforcement aspects of the County's ordinance; that the Board recommended the Commission accept County Ordinance No. 97-082. City Manager Sollenberger stated that the County's ordinance regulates lighting in an effort to protect sea turtles; that the Administration recommends directing the City Attorney's Office to prepare a resolution supporting regulation of lights to protect sea turtles. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to direct the City Attorney's Office to prepare a resolution supporting regulation of lights to protect sea turtles. Vice Mayor Patterson stated that lighting regulations to protect sea turtles are appropriate; however, additional details as to requirements of condominium owners to comply with the provisions of the County's ordinance should be provided. Edward Freeman, Environmental Specialist, Sarasota County, came before the Commission and stated that County Ordinance No. 97-082 is a 10-page, comprehensive document regulating lighting on beaches throughout Sarasota County; that the regulation applies only when lights directly, indirectly, or cumulatively illuminate a nesting beach for sea turtles; that the ordinance details several options by which properties can come into compliance; that the City Attorney has indicated adoption of a City resolution is necessary for the County to assume jurisdiction within the City limits; however, as part of the County's summer 1998 effort, educational materials were distributed and the regulations explained to owners of Gulf front properties, condominiums associations, and managers of hotels within the City limits; that the majority of affected City properties are already in compliance with the regulations set forth in County Ordinance No. 97-082. Commissioner Cardamone requested comment from the City Attorney as to whether a City ordinance would be required. City Attorney Taylor stated that revision to the County's ordinance is not proposed; that preparation of a City resolution making the County ordinance effective within the City limits is recommended. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to substitute the main motion with a motion to direct the Administration to draft a resolution accepting applicability of County Ordinance No. 97-082 within the City of Sarasota. Mayor Dupree called for a vote to accept the substitute motion. Motion carried unanimously (4 to 0): : Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. Mayor Dupree called for a vote on the main motion as substituted to direct the Administration to draft a resolution accepting applicability of County Ordinance No. 97-082 within the City of Sarasota. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. B. First Presbyterian Church Parking Lot Oak Street at U.S. 301 Mr. Mountain stated that following a Staff presentation, the Board recommended the Commission accept the First Presbyterian Church proposal to construct a formal parking lot on a parcel located on the north side of Oak Street and the east side of U.S. 301; that an agreement between the City and First Presbyterian Church will be prepared and brought back to the Commission for further action. City Manager Sollenberger stated that Payne Parkway, in the vicinity of Sarasota Mobile Home Park, has been reconstructed with sidewalks; that a fountain has been added to the retention pond. C. Municipal Auditorium Florida Yards Program City Manager Sollenberger stated that the Board also recommended Commission approval of the conceptual plan to provide landscape in accordance with the Florida Yards program at the Municipal Auditorium. Commissioner Cardamone stated that the minutes of the Board's October 8, 1998, meeting reference street tree funding, the planting of 400 to 500 trees during fiscal year (FY) 1997/98, and the City's desire to identify neighborhoods in which to plant additional trees; and asked the locations at which the trees have been planted? BOOK 45 Page 17694 11/02/98 6:00 P.M. BOOK 45 Page 17695 11/02/98 6:00 P.M. Mr. Mountain stated that the City's Street Tree Program has been very successful; that street trees have been installed in four or five neighborhoods, including McIntosh Meadows, and along Fruitville Road near Midwest Parkwayi that installation of street trees in additional neighborhoods, e.g., Gillespie Park and Park East, is being coordinated through the Department of Neighborhoods and Redevelopment, which is educating neighborhood associations on the Program; that the survival rate of the trees has been high; that neighborhood residents water the trees once planted; that a location map outlining where street trees have been installed will be forwarded to the Commission. Vice Mayor Patterson stated that the aging trees along McClellan Parkway have been slowly dying for years; that some time ago, a resident appeared before the Commission raising the issue that the beautiful canopy which once existed is slowly disappearing and requesting assistance in replanting trees; that the McClellan Park Neighborhood Association should be contacted and informed about the City's Street Tree Program. Mr. Mountain stated that the appropriate neighborhood representative will be contacted. Commissioner Cardamone asked the status of the news rack ordinance? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that an agreement which would serve as the enforcement mechanism for the news rack ordinance has been drafted; that the proposed ordinance and proposed agreement will be forwarded to news rack vendors for review; that a public meeting has been scheduled in the Commission Chambers on November 17, 1998, to review the news rack provisions and to meet with parties interested in resolving potential issues and concerns; that the intent is to hold the public hearing on the news rack ordinance at the December 7, 1998, regular Commission meeting with implementation targeted for January 1999. 8. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, AND 3 - APPROVED (AGENDA ITEM III) #1 (1820) through (1844) 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Contract between the City of Sarasota and Post, Buckley, Schun & Jernigan, Inc. (Bid #99-01L), to provide Fuel Tank Replacement for Lift Stations #7, 16, 40 and 52 for the City of Sarasota Public Works Department, Utilities Division 2. Approval Re: Authorize the Mayor to execute the Purchase Agreement between the City of Sarasota and Bruce Balk for the sale of City-owned property lot located on the NW corner of Fruitville Road and Cocoanut Avenue 3. Approval Re: Authorize Staff to request the Florida Department of Transportation to include Transit Greenways into the U.S. 301 PD&E Study, rather than participate in the Transit Greenways proposal Vice Mayor Patterson left the Commission Chambers at 6:56 p.m. On motion of Commissioner Merrill, and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 3, inclusive. Motion carried unanimously (3 to 0): Cardamone, yes; Merrill, yes; Dupree, yes. Mayor Dupree requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4041, AMENDING CHAPTER 21 OF THE CITY CODE, OFFENSES, SECTION 21-128 PERTAINING TO SKATEBOARDING PROVIDING FOR AMENDMENTS TO THOSE CERTAIN BOUNDARIES WHERE SKATEBOARDING IS PROHIBITED GRANTING AUTHORITY FOR THE CITY MANAGER TO PROHIBIT SKATEBOARDING ON PUBLIC PROPERTY BY POSTING; SETTING FORTH CRITERIA FOR SUCH POSTING; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; REPEALING ORDINANCES IN CONFLICT; ETC.; (TITLE ONLY) - PASSED ON FIRST READING AS AMENDED TO STRIKE THE SECTION PROHIBITING SKATEBOARDING ON ST. ARMANDS CIRCLE; AUTHORIZED THE ADMINISTRATION TO WRITE A LETTER TO THE COUNTY INDICATING THE CITY'S INTEREST IN WORKING WITH THE COUNTY ON CREATION OF A SKATEBOARD PARK AND POTENTIALLY DONATING CITY- OWNED LAND FOR THAT PURPOSE; REFERRED THE ISSUE OF A POTENTIAL LOCATION FOR A SKATEBOARD PARK TO THE PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD FOR RECOMMENDATION (AGENDA ITEM IV-1) #1 (1926) through #2 (2649) BOOK 45 Page 17696 11/02/98 6:00 P.M. BOOK 45 Page 17697 11/02/98 6:00 P.M. Alan Woodle, Captain, Sarasota Police Department, came before the Commission and stated that proposed Ordinance No. 98-4041, amends Chapter 21 of the City Code, Offenses, Section 21-128 pertaining to skateboarding; that the current boundaries of areas where skateboarding is prohibited are insufficient and require modification based on growth in the Downtown and on St. Armands Circle; that expanding the boundaries as proposed and providing authorization for the City Manager to prohibit skateboarding on property owned by the City by posting will promote the public health, safety, and welfare of the citizens of the City of Sarasota, help preserve public property, and ensure efficient and thorough processing through the judicial system. Vice Mayor Patterson returned to the Commission Chambers at 6:59 p.m. Captain Woodle continued that proposed Ordinance No. 98-4041 expands the boundaries where skateboarding is prohibited to include the sections east of Orange Avenue to U.S. 301 as well as St. Armands Circle. Commissioner Merrill asked if alternatives to an absolute ban of skateboarding Downtown were considered to address problems with property damage caused by skateboards? Captain Woodle stated that various issues were taken into consideration; that input has been received from commercial property owners; that proactive patrol was attempted; however, 73 police reports have been filed since January 1998; that Ordinance No. 98-4041 is proposed to address an identified problem with property damage and noncompliance of the skateboard ordinance currently in effect. Mayor Dupree opened the public hearing. The following people came before the Commission: Commissioner Cardamone requested that the speakers provide a residency status. Karl Zurfluh, 747 Marlin Drive (34234), stated that he is a City resident living in the vicinity of the John and Mable Ringling Museum and has been skateboarding for the past 13 years; that skateboarding does not compare to any varsity sport; that people are attracted to the freedom provided by skateboarding, which has no rules, regulations, or a coach advising and teaching and is a creative exercise which relieves stress and provides people with a sense of accomplishment, that surfing, roller-blading, and bicycling, recreational activities which share a freedom similar to skateboarding, are not being regulated; that the general public has an image of skateboarders as mean, destructive, malicious punks who do not care about anything or any one; that as a result of the mythical reputation put out by the popular culture, the skateboarding community has attracted many "bad seeds" who are not dedicated to the sport but simply attracted to a trend versus athletes who endure the physical demands, are committed to the sport of skateboarding, and thus are compelled to risk harassment, tickets and even jail time to express creativity. Mr. Zurfluh continued that the frustration of small business owners is understood; however, a compromise to banning Skateboarding in the Downtown should be considered; that banning only skateboarding is discriminatory and not a valid solution; that government should not dictate which sports are acceptable and which are not or limit the modes of transportation available to youth; that a positive outcome is desired; that the Commission is requested to consider the free-spirit of the skateboarding community before voting to displace skateboarders from specific areas of the City. Philip Levie, 5352 Royal Palm Avenue (34234), stated that he has been skateboarding for the past 10 years, beginning the sport at age 11 as an after-school activity; that the proposed legislation which will make skateboarding illegal in certain areas is viewed as an infringement of civil liberties and a clear violation of a person's Constitutional right to choose; that skateboarding is a sport, a hobby, a form of exercise, a form of transportation, and a business; that proposed Ordinance No. 98-4041, if adopted, will place an economic strain on the local skate shops which provide the essential tools in practicing the sport of skateboarding; that the right to choose is a freedom every American cherishes, a fundamental freedom the proposed legislation is attempting to deny; that a skateboarder is an urban surfer who rather than cruising the waves cruises the land; that the difference between bicycling or roller-blading and skateboarding is not discerned; that the City of Sarasota would not ban bicycling; that skateboarding should not be banned simply because of a perceived image of skateboarders as punks or menacesi that Captain Woodle referenced the filing of 73 police reports but provided no specifics, e.g., the type or location of property damage; that the majority of skateboarders are under the age of 18, therefore, cannot vote and have no political voice; that the proposed ordinance discriminates against the future citizens of Sarasota; that the majority of citizens who are elder may feel no need to condone skateboarding; however, dislike of a sport does not justify passing legislation making the sport illegal and a public offense. Mr. Levie continued that the Commission is urged to consider alternatives to banning skateboarding in the Downtown; that development of a skate park would allow the sport of BOOK 45 Page 17698 11/02/98 6:00 P.M. BOOK 45 Page 17699 11/02/98 6:00 P.M. skateboarding to continue to be positive and rewarding and, more importantly, legal. Chad Barrineau, 2365 Spring Oaks Circle (34234), stated that he is a County resident who enjoys bicycling and roller-blading; that skateboarding is a form of transportation which should not be banned; that bicyclists have been witnessed causing property damage in the Downtown; that recklessness by skateboarders or bicyclists should be addressed; however, proposed Ordinance No. 98-4041, which does not target offenses but an overall activity, is opposed; that development of a skate park in the North Port/Port Charlotte area is being considered; however, youth do not have sufficient transit resources nor does the Sarasota County Area Transit (SCAT) provide service to North Port or Port Charlotte, Florida; that recreational parks for various, specific sports have designated throughout the County; that a skate park where recreational skateboarding can be performed should be developed and skateboarding allowed to continue in the Downtown as a mode of transportation available to youth. Phillip Ramsey, P.O. Box 25276 (34277), stated that he is a City resident living at Cordova Garden Apartments in the vicinity of Sarasota High School; that skateboarding is not a criminal activity; that skateboard facilities have been developed in areas of Florida, i.e., in Clearwater, Cocoa Beach, Fort Walton, Jacksonville, Tampa, Panama City, Pensacola, Melbourne, Naples, Orlando, and Tampa; that recreational opportunities for skateboarders should be provided in Sarasota if Skateboarding is banned Downtown. Dave Malinsky, 2050 61st Street (34243), stated that he has appeared before the Commission several times regarding the skateboarding issue; that the lack of progress over the past seven years is discouraging; that two Commissioners were quoted in today's Sarasota Herald-Tribune as supporting the skateboarding ban and planning to cast a vote in favor of proposed Ordinance No. 98-4041; that abuse of privileges by skateboarders was referenced as the issue forcing the Commission to expand the ban on skateboarding and increase enforceability for noncompliance; that the purpose of the public hearing is not clear if the votes of the Commission are pre-determined; that the Commission should conduct the public hearing with an open mind, listen attentively to and take into consideration the points expressed by speakers before making a determination. Mr. Malinsky continued that skateboarders are being forced into an awkward position; that no local facilities or designated areas for recreational skateboarding exist; that the government continues to impose additional restrictions without providing solutions or alternative options for skateboarders; that Captain Woodle's response when asked if alternatives to a ban on skateboarding have been considered was lacking; that the specific alternatives considered should be presented; that options should be provided; that the Commission Chambers is filled with people who are opposed to a ban on skateboarding; that the lack of options and limited areas in which recreational skateboarding can be performed is the issue; that increased restrictions will not resolve problems or stop skateboarders from enjoying the activity; that skateboarders will only get into more trouble; that the City should not continue to take things away without giving something back. Mr. Malinsky stated that roller-blades and bicycles cause as much damage as skateboards, if not more; however, restrictions on roller-blading and bicycles are not being proposed; that existing trespassing and vandalism regulations could be enforced to address the property damage issues being raised; that skateboarding should not be turned into a criminal activity; that the need for a skate park is obvious. Biorn Haggblom, 2225 Riviera Drive (34232), stated that he is a City property owner and resident, has been a skateboard enthusiast for 15 years, and was instrumental in building the $54,000 concrete, maintenance-free skate facility in Manatee County; that the need to ban skateboarding in the Downtown to address liability concerns and to prevent property damage is understood; that skateboarding is the sport which brought the issue of property damage to the City's attention; however, BMX freestyle bicycling, with equipment made of steel material, and roller-blading with chassis designed of hardened material cause greater damage to property than skateboards made of wood or aluminum; that a skate park or facility should be constructed or a piece of land should be designated specifically for recreational Skateboarding; that many of the skate facilities Statewide operate without restrictions or monitoring; that, statistically, Skateboarding is not highly dangerous and is ranked safer than basketball; that people should not be discouraged from skateboarding, a sport in which the United States is favored to take the gold medal in the 2000 Olympics; that the time, resources, and funding expended conducting legislative meetings and policing areas in an effort to deal with the skateboarding issue would have been better directed toward construction of a skate facility; that park land should be reserved and an area designated for roller sports, i.e., bicycling, in-line skating, and skateboarding. Commissioner Cardamone asked if the construction of a skate facility in Manatee County has addressed the problem with skateboarding and damage to public property? Mr. Haggblom stated that the answer is not known; that Manatee County, which considers the skate facility as a pioneer project, is extremely concerned with the potential for liability; that the regulations are extensive and the annual membership and per BOOK 45 Page 17700 11/02/98 6:00 P.M. BOOK 45 Page 17701 11/02/98 6:00 P.M. session costs are high, approximately $15 and $7 respectively; that the average income of a skateboarder's family is $28,000 annually, which may not be sufficient to support purchases required for youth to participate in sports such as baseball and football; that skateboarding is affordable, requiring the purchase only of a skateboard to provide for daily enjoyment in a sports activity for at least six months; that a hazardous recreational ordinance, typically applicable to sports, i.e., racecar driving, scuba diving, skydiving, could be considered to address the liability issue. Commissioner Cardamone stated that the City is in the process of developing a master plan to expand Payne Park onto the 31-acre site currently occupied by the Sarasota Mobile Home Park; that the minutes of the Parks, Recreation and Environmental Protection Advisory Board meeting of October 8, 1998, reflect a suggestion to develop Payne Park as a recreational park and to gather input from children and youth organizations as to implementation; that liability and regulation are issues; however, she would support exploring the potential of developing Payne Park as a recreational park for or to include a skate facility. Vice Mayor Patterson asked if the expanded boundaries proposed for the ban on skateboarding will include the Payne Park site? City Manager Sollenberger requested that Captain Woodle come forward to outline the extent of the existing and proposed boundaries. Captain Woodle came forward and stated that the existing boundary for the Downtown area is Orange Avenue to the east, Gulf Stream/Cocoanut Avenue to the west, Ringling Boulevard to the south, and Fruitville Road to the north and also includes the civic center complex (Van Wezel Performing Arts Hall), which is bounded by U.S. 41 on the east, Tenth Street on the north, the waters of Sarasota Bay on the west and Boulevard of the Arts on the south; that proposed Ordinance No. 98-4041 expands the boundaries to U.S. 301 to the east and to U.S. 41 to the west, with the sidewalk adjacent to Island Park excluded to allow skateboarding for transportation purposes; that the sidewalk adjacent to Payne Park is not excluded. Cynthia Buchanan, 2615 Jamaica Street, (34231), stated that she resided in the City on Bailey Road for 18 years, but recently purchased a home in the County; that the image perceived based on the appearance of skateboarders is an issue; that her son is a quiet, artistic, respectable, polite, kind person who is 15 years old, not interested in team sports and, as a loner, enjoys but is continually harassed for skateboarding or stopped and questioned by police officers simply for carrying a skateboard; that the Commission is considering an ordinance which will regulate a sport and recreational activity rather than regulating vandalism, property damage, or trespassing resulting from the activity, which is not appropriate; that a difference between riding a skateboard, bicycle, or roller blades is not discerned; that skateboarding should not be singled out; that youth should not be prohibited from visiting friends in the Downtown area and utilizing skateboards as transportation to catch the SCAT bus home; that the Commission's concerns seem directed more toward potential damage to property than to the safety of youth; that parks have been designated for sports, i.e., baseball, soccer, and BMX cycling; that skateboarding, which is a recreational activity and a form of transportation, should not be treated as a crime; that all segmented groups have youth which act undesirably; that attacking the image of skateboarders rather than the real issues of vandalism and trespassing is unfair; that driving is not banned because some motorists speed; that motorists who speed are fined; that people or youth who are vandalizing property should be held accountable; however, youth who behave properly should not be prohibited from enjoying a recreational activity. Ms. Buchanan continued that many of the skateboarders present are not old enough to vote; however, the parents of skateboarders are eligible to vote; that the youth present and not present in the audience are depending on the Commission to view them as a respected, important, and integral part of society. Commissioner Merrill stated that speakers have raised the issue that skateboarding is unfairly being targeted for regulation; that bicycling on sidewalks is also prohibited in the Downtown area; and cited the following from Section 33-193, Sarasota City Code: (a) No bicycle shall be ridden or operated upon any public sidewalk or pedestrian path in a public area, in any congested area. Commissioner Merrill stated that Section 33-193 (b) designates the following as congested areas: Main Street, Gulf Stream Avenue, Tamiami Trail, First Street, Orange Avenue, Pineapple Avenue, Ringling Boulevard, Washington Boulevard from Tenth Street to Seaboard Coast Line Railroad tracks, and Ringling Boulevard from Main Street to the Seaboard Coast Line Railroad tracks; that the area in which bicycling is prohibited on sidewalks in the Downtown is more encompassing than the boundaries proposed for skateboards. In response to a request by Mr. Haggblom to make comment from the audience, Mayor Dupree stated that the Commission will hear his comment if another sign up to speak form is submitted. Paul Thorpe, Executive Director, Thomas Nunan, President, Downtown Association of Sarasota, 1818 Main Street (34236). BOOK 45 Page 17702 11/02/98 6:00 P.M. BOOK 45 Page 17703 11/02/98 6:00 P.M. Mr. Thorpe stated that he is a City resident; that the City is not attempting to ban skateboarding but to control undesirable activities on property in the Downtown; that skateboarders are attracted to the statuary, walls, steps, and other property from which jumping, etc., can be performed and which are used in substitution for structured obstacles found in a skate facility; however, the activity damages the property; that skateboarders' riding down the ramps in parking garages may be fun and exciting for youth but creates a liability and hazardous condition; that some business owners have invested in specialized iron rails to prevent skateboarding on and further damage to the concrete walls; that a skateboarder who attempts to ride along the walls with iron rails could become injured, which raises another liability issue; that the skateboarding community should be provided a skate facility; that he was on the County's parks and recreation board which reviewed and conducted research on development of a skate facility; that almost seven years has passed with nothing being done to assist the skateboarding community; and requested that the Commission take action to initiate the process of developing a skate facility. Mr. Nunam stated that providing a safe environment for shoppers and preventing property damage to businesses is the issue of concern; that the Downtown Association would support development of a skate facility at Payne Park or elsewhere in the City. Mr. Thorpe stated that the skateboard regulations in effect have been ignored by many of the skateboarders who were present when the existing ordinance was adopted and agreed to comply pending development of a skate facility; that the government has failed to provide a skate facility; however, failure of the skateboarders to comply with the existing regulations necessitated the drafting of proposed Ordinance No. 98-4041. Robbie Kilburn, 1700 17th Street E (34264), stated that property damage would result from any sport in which adequate space for youth to enjoy the activity is not provided; that windows would be broken if youth were forced to play baseball, football, soccer, or hockey in the streets versus at designated areas; that skateboarding, which requires obstacles, i.e., ledges, jumps, and rails, cannot be enjoyed in a residential driveway; that privileges not granted cannot be abused; that no guidance or direction as to where skateboarders can enjoy skateboarding has been provided. Mr. Kilburn continued that nothing other than positive encounters have occurred while skateboarding on St. Armands Circle; that negative complaints have not been heard; that spectators enjoy watching skateboarders. Sy Sherr, 1100 Ben Franklin Drive (34236), stated that specialized fencing was purchased and installed to prevent property he owns in the Downtown from being used for skateboard activities; however, recreational skateboarding and transit skateboarding are two separate issues; that skateboarding as a form of transportation should not be prohibited; that citizens should not be prevented from choosing a desired mode of transportation, whether by vehicle, bicycle, roller-blades, or skateboard; that skateboarders should be allowed to utilize the bicycle lanes for transportation purposes. Mr. Sherr continued that the expanded boundaries proposed seem arbitrary chosen; that the purpose of expanding the eastern boundary to U.S. 301 and the southern boundary to Ringling Boulevard versus expanding the boundaries further south on U.S. 301 and to encompass all of the Downtown streets is not understood. Pamela Dorwarth, 1300 North Lockwood Ridge Road (34237), stated that the Commission should attempt to regulate and ban illegal acts on a skateboard, not skateboarding as an activity; that the proposed ordinance takes away a person's rights and liberties, which is not a correct manner in which to address the problem with skateboarding; that San Francisco, California, Houston, Texas, and St. Louis, Missouri, have enacted laws to address problems caused by people who perform undesirable activities on skateboards; that the City of Sarasota should not ban skateboarding. Bjorn Haggblom, came forward and stated that reference has been made to the regulation requiring bicyclists not to ride in areas congested with pedestrians; that as a bicycle enthusiast, he often rides in the Downtown area on the sidewalk on weekends but has never received a citation or been asked to get off the sidewalk; that others have not been seen receiving citations for riding a bicycle on the sidewalk; that skateboarders, who are perceived as a group of individuals of whom people are afraid, are being unfairly targeted by regulations. There was no one else signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4041 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 98-4041 on first reading. Commissioner Cardamone asked what type of infractions are occurring and whether the considerable damage viewed on steps and statuary at City Hall has been caused by skateboarders? BOOK 45 Page 17704 11/02/98 6:00 P.M. BOOK 45 Page 17705 11/02/98 6:00 P.M. Captain Woodle stated that 30 citations were issued for skateboarding in banned areas, property damage, and recklessness; that most of the damage around City Hall has been caused by skateboarders; that police officers have spent substantial time assessing damage and injuries of skateboard enthusiasts. Commissioner Cardamone asked if self-policing by the Skateboarders would have prevented the necessity for proposing an ordinance banning Skateboarding in the Downtown? Captain Woodle stated yes; that the majority of violators fail to comply with provisions of the existing skateboard ordinance; that fines are not being paid; that the existing ordinance lacks authority to provide closure on many skateboarding violations. Commissioner Cardamone asked if proposed Ordinance No. 98-4041 would prohibit the use of a skateboard as a means of transportation in a four-block section between U.S. 41 and U.S. 301 where, currently, bicycles are not allowed on the sidewalk? Captain Woodle stated yes; that the Police Department has attempted to identify congested areas most adversely affected by the skateboarding public; that skateboards generally are used for recreation rather than transportation in the Downtown area. Commissioner Cardamone stated that children's safety is a concern, especially on hazardous surfaces and building steps; that, recently, a terrible collision nearly occurred when a skateboarder rode down the steps of a building and catapulted onto the street in front of her vehicle; that the ban may not address personal recklessness, but highlights the Commission's concern for the safety of skateboarders as well as protection of pedestrians and property; that skateboarders should not be allowed on the steps of privately-owned buildings; that banning Skateboarding Downtown has become a necessity since law-abiding skateboarders have been unable to reduce irresponsible behavior by the few violators who cause most of the damage to steps, walls, and statuary. Commissioner Merrill stated that the speakers should be commended for positive and optimistic presentations; that the Commission's position concerns expanding borders rather than developing the unpopular skateboarding ban; that laws are implemented when complaints are received about reckless behavior by skateboarders. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to pass proposed Ordinance No. 98-4041 on first reading. Commissioner Merrill stated that a speaker questioned why areas further south on U.S. 301 were excluded from the areas in which skateboarding is banned; that Laurel Park, being a neighborhood, was excluded since infringing on the right to skate in front of one's house is unacceptable. Commissioner Merrill continued that the vast majority of skateboarders, like gun-owners, do not commit crimes; however, restrictions become necessary due to the actions of a few irresponsible people; that approximately five years ago, after several unsuccessful attempts to find an alternative to a skateboarding ban, the Commission elected to prohibit skateboarding in the more congested areas Downtown with the intent of building a skateboard park in partnership with Sarasota County; that liability concerns have hampered progress toward that end; that support for a skateboarding ban is given reluctantly; that working with the County to identify a park suitable for skateboarding is desired. Vice Mayor Patterson stated that the Commission never favored a ban; however, Staff repeatedly asked for legislative action in response to complaints by private property owners over law enforcement officials' inability to control vandalism; that, originally, Staff recommended banning skateboarding in the entire Downtown area; that clarification from Staff is sought on the sequence of the skateboarding ordinances over the past few years; that the first ordinance banned skateboarding on certain properties by posting a "no skateboarding" sign, rather than banning skateboarding on streets and sidewalks where skateboards are used as a means of transportation; that the boundaries of the current ordinance were established subsequently. City Attorney Taylor stated that is correct; that proposed Ordinance No. 98-4041 expands the boundaries of the existing ordinance; that the ban will apply to public as well as private property. Vice Mayor Patterson stated that proposed Ordinance No. 98 4041 appears to ban skateboarding on many Downtown streets and sidewalks; that concerns have been expressed by the Police Department regarding difficulties in the existing ordinance; and asked if the enforcement issues will be resolved by adopting the proposed ordinance? Captain Woodle stated that in the past little could be done to collect fines since violations of the ordinance were non-criminal infractions; that under proposed Ordinance No. 98-4041 failure to pay a fine or appear before a judge would be a misdemeanor offense; that a judge would have the power to require the violator to appear before the court. Vice Mayor Patterson asked if with the existing ordinance could be enforced as a misdemeanor offense? BOOK 45 Page 17706 11/02/98 6:00 P.M. BOOK 45 Page 17707 11/02/98 6:00 P.M. Captain Woodle stated that entorcement of the existing ordinance is an option; however, the Downtown area and St. Armands Circle have undergone major development over the past few years and a proactive approach of banning skateboards in congested areas is preferred. Vice Mayor Patterson asked if complaints have been received from residents living in the vicinity of St. Armands Circle? Captain Woodle stated that few complaints have been received to date; however, complaints are likely to increase as St. Armands Circle area grows and more skateboarders come into the area; that merchants of the St. Armands Circle Association fully support proposed Ordinance No. 98-4041. Mayor Dupree stated that many good suggestions were presented by the speakers; that the Commission listens thoughtfully to the public; that the criticism and indictment put forth by some opponents of the Skateboarding ordinance was unfair; that new ordinances produce long-lasting effects and therefore require careful consideration; that skateboarding is an inexpensive sport which appeals to many young people; however, responsibility by skateboarders is necessary to prevent personal injury and property damage; that the proposed ordinance cannot be supported since skateboarders rather than skateboard offenses are targeted. Commissioner Merrill stated that support can be given to extend the banned areas for Skateboarding Downtown, especially near the Hollywood 20 Theatre complex; however, no evidence shows a problem exists at St. Armands Circle; that no complaints have been heard personally, nor has a letter of complaint been received from the St. Armands Circle Association. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to amend Ordinance No. 98-4041 by striking the section prohibiting skateboarding on St. Armands Circle. City Attorney Taylor stated that the draft ordinance indicates the eastern boundary for banning skateboarding, Orange Avenue, was stricken and replaced by U.S. 301. Vice Mayor Patterson referred to the changes in proposed Ordinance 98-4041, Section 21-128 (a-iv) ; and stated that the prohibition applies to streets, sidewalks and any public or privately owned property, unless permission to skateboard has been granted; that no maps are shown and the redlines and strikethroughs in the draft ordinance cause difficulty in discerning between the existing and proposed boundaries where skateboarding will be prohibited. City Attorney Taylor stated that the aforementioned section of the draft ordinance refers to municipal parks, and all of the civic center complex, including all sidewalks adjacent to or serving as interior pedestrian ways. Vice Mayor Patterson stated that the proposed ordinance expands the currently banned area from Orange Street east to U.S. 301, while the north/south boundaries of Fruitville Road to Ringling Boulevard do not change. City Manager Sollenberger stated that proposed Ordinance No. 98-4041 would enhance the City's ability to enforce the skateboarding regulations, and expands the boundaries of the banned areas eastward from Orange Street to U.S. 301; that increased pedestrian activity, especially in the area of the Hollywood 20 Theatre complex, prompted expansion of the banned areas for skateboarding. Vice Mayor Patterson stated that excluding streets and sidewalks in the banned areas should be considered; that bicycles, viewed as a mode of transportation, are allowed passage in most areas; and asked if a method of enforcement which targets only skateboards used for recreational purposes, versus those used as a means of transportation could be instituted? City Manager Sollenberger stated that bicycling is prohibited on certain sidewalks, but not on streets, in Sarasota; however, bicycles are recognized as a means of transportation in the Florida Statutes; that skateboards do not have the same recognition as transportation; that sidewalks in the Downtown area are narrow and very congested; that a ban on skateboarding is justified as a public safety measure. Commissioner Cardamone stated that the amended motion which excludes St. Armands Circle from the skateboarding regulations is supported; that an opportunity was Lost a few years ago to build a constituency from the skateboarding community for constructing a park through the Local Option Sales Tax extension; that exploration of possible sites for construction of a skate park could be explored in the near future. Mayor Dupree asked the amount of revenue received by the City from citations given to violators of the skateboarding ordinance over the past seven years. Captain Woodle stated that specific statistics are not immediately available; however, the annual revenue realized from a $10 fine for between 40 to 50 violations is minimal. Vice Mayor Patterson stated that several years ago a committee was formed, headed by V. Peter Schneider, Deputy City Manager, to discuss with skateboarders possibilities for a City-financed BOOK 45 Page 17708 11/02/98 6:00 P.M. BOOK 45 Page 17709 11/02/98 6:00 P.M. skateboard park; that the expansive wishes of the committee raised the cost of construction to approximately $500,000, thus losing support of the City; that, recently, an affordable facility was constructed in Manatee County; that constructing a $50,000 Skateboarding park in Sarasota is a realistic goal; that the Commission should consider directing the Administration to draft a letter to Sarasota County indicating the need for and the willingness of the City to work towards identifying a site and developing a skateboard park; that the County rather than the City should operate the facility and bear the liability, as the park would be frequented by many visitors outside the City limits. City Manager Sollenberger stated that the County presently is working with North Port to develop a skateboard park; that the County's attitude regarding the need for a skateboard park may be changing; that initiating a dialogue with the County and exploring possible sites for a County-operated skateboard park would be appropriate; that the City of Sarasota focuses on passive, nature parks, rather than recreational parks. Commissioner Merrill asked if the proposed plans for the expansion of Payne Park could accommodate a recreational skateboard facility? Mr. Schneider stated that a master plan for Payne Park has not been developed; that a skateboard park could be considered as a potential use. Commissioner Merrill stated that the motion should include reference to the Commission's willingness to support and offer Payne Park as a possible site for location of a skateboard park; that the County Commission has shown a willingness to respond to City problems in the past, i.e., constructing a dog park on 17th Street; that the motion should include an additional request for dialogue with the County to provide for a skateboard park. City Manager Sollenberger stated that the City's Parks, Recreation and Environmental Protection Advisory Board should be asked to evaluate several options for inclusion in a discussion with the County; that dialogue with the County assuring a willingness of the County to pursue a skateboard park project would be an important first step. Vice Mayor Patterson stated that land for the expanded area of Payne Park has not been cleared yet, which means the issue of a skateboard park could take seven or eight years for implementation; that a broader motion including locations in addition to Payne Park is suggested; and asked if adding an unrelated item to the motion is appropriate? City Attorney Taylor stated that passing the proposed ordinance as a single motion and following up with another motion is the appropriate procedure. City Auditor and Clerk Robinson restated the motion to amend as to strike the section of the ordinance prohibiting Skateboarding on that portion of the City known as St. Armands Circle. Mayor Dupree called for a vote on the motion to amend. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. City Auditor and Clerk Robinson restated the main motion as to pass proposed Ordinance No. 98-4041 as amended on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion passed (3 to 1) : Cardamone, yesi Dupree, no; Merrill, yes; Patterson, yes. On motion of Vice Mayor Patterson and second of Commissioner Merrill it was moved to: 1) authorize the Administration to write a letter to the County indicating the City's interest in working with the County on creation of a skateboard park and potentially donating City-owned land for that purpose and 2) refer the issue of a potential location for a skateboard park to the Parks, Recreation and Environmental Protection Advisory Board for recommendation. Commissioner Cardamone stated that the County agreed to build a skate facility in North Port following the insistence of many citizens; that communicating to the County the desire and need for a skateboard park in Sarasota is an important first step. Commissioner Merrill stated that the Commission will promote the construction of a skateboard park in Sarasota, but the support of many skateboarders is necessary to present a proposal, as a group, to the County Commission. Mayor Dupree stated that discussions on the possible construction of a skateboard park in Sarasota should be addressed in a timely manner if skateboarding restrictions are placed in many Downtown areas. City Auditor and Clerk Robinson restated and Mayor Dupree called for a vote on the motion to: 1) authorize the Administration to write a letter to the County indicating the City's interest in working with the County on creation of a skateboard park and potentially donating City-owned land for that purpose and 2) refer the issue of a potential location for a skateboard park to the Parks, Recreation and Environmental Protection Advisory Board for recommendation. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. The Commission recessed at 8:44 p.m. and reconvened at 8:59 p.m. BOOK 45 Page 17710 11/02/98 6:00 P.M. BOOK 45 Page 17711 11/02/98 6:00 P.M. 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4093, AMENDING CHAPTER 10 OF THE CITY CODE, BEACHES AND WATERWAYS, PERTAINING TO THE OPERATION OF VESSELS WITHIN 100 FEET OF THE SAPRITO PIER WHEN POSTED; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-2) #2 (2651) through (3257) Douglas Peters, Police Officer, Sarasota Police Department, came before the Commission and stated that proposed Ordinance No. 98-4093 amends Chapter 10, Sarasota City Code, Beaches and Waterways, and prohibits the operation of motorboats or watercraft within 100 feet of the Saprito Pier if posted; that proposed Ordinance No. 98-4093 was set for public hearing at the October 19, 1998, regular Commission meeting. Officer Peters continued that signage prohibiting the operation of motorboats or watercraft within 100 feet of the Saprito Pier has been enforced; however, no enabling ordinance has been previously adopted; that proposed Ordinance No. 98-4093 will provide guidance and authority to eliminate boats from the Saprito Pier area as a safety measure to protect boaters and fishermen. Mayor Dupree opened the public hearing. There was no one signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4093 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 98-4093 on first reading. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to pass proposed Ordinance No. 98-4093 on first reading. Commissioner Cardamone stated that Euture modifications to the regulations are anticipated as the increasing number of boats and jet skis are likely to affect condominium and other waterfront residents. Commissioner Merrill stated that elimination of motorboats or watercraft 300 feet from the shoreline is desired; that jet skis have been banned at several National Parks due to safety and environmental concerns. Vice Mayor Patterson stated that residents of Golden Gate Point have complained often about the noise and inconsiderate behavior of jet skiers; that a 300-foot limit at Saprito Pier might prompt boaters to congregate in another nearby area; that residents in other places such as Lido Key would like distance requirements for jet skiers enforced in the beach area. Officer Peters stated that jet skiers must maintain a speed of six miles per hour (mph) or less within 300 feet of all City beaches; that boats and jet skis are banned in the legally-posted public swimming areas. Vice Mayor Patterson asked if buoys mark the prohibited areas? Officer Peters stated that buoys have not been installed on the 41-mile coastline as the cost would be prohibitive; that placing buoys at Lido Beach is a possibility. Officer Peters continued that Section 10-41, Sarasota City Code, provides that the six mph limit extends 100 feet from any shoreline, seawall, dock or jetty; that enforcement is accomplished by police officers patrolling on jet skis; that complaints have been reduced as citations have increased. Mayor Dupree asked for clarification concerning the increased citations. Officer Peters stated that police officers patrolling on jet skis have the ability to advance quickly upon violators; that in the past, the police marine patrol boats could be seen from a distance allowing violators to leave the scene; that the City's marine patrol fleet includes two recently donated jet skis; that marine patrol efforts have been concentrated at Golden Gate Point, Lido Beach and at south Lido Keyi that the donation of the jet skis and the cooperation of the Police Chief in allowing police officers to operate the jet skis are appreciated. Commissioner Merrill asked if more police officers are required to operate the jet skis or if the boat marine patrol is reduced? Officer Peters stated that the number of marine patrol boats has not been reduced; that two police officers have been added to the patrol unit; that one of the additional police officers operates the jet skis on Saturdays and one on Sundays during the summer months. Commissioner Cardamone stated that jet skis have been banned at several lakes in National Parks due to the environmental damage caused; that the Commission should address the issue in the future. Mayor Dupree called for a vote on the motion to pass proposed Ordinance No. 98-4093 on first reading. Mayor Dupree requested BOOK 45 Page 17712 11/02/98 6:00 P.M. BOOK 45 Page 17713 11/02/98 6:00 P.M. that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Dupree, yesi Merrill, yes; Patterson, yes; Cardamone, yes. 11. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) #2 (3260) through (3617) The following person came before the Commission: William Manley, 888 Boulevard of the Arts (34236), came before the Commission and stated that an article in the October 31, 1998, Sarasota Herald-Tribune, provided considerable information concerning the proposed public art sculpture entitled Photon II by Dennis Kowal, Sculptor; that the Board of Directors of The Condominium on the Bay Association, representing owners of 888 Boulevard of the Arts, will be formulating a position concerning Photon II in the future; that the views presented are personal; that the wisdom of concentrating two years of public art funds to place Photon II at the end of a dead-end street where only 400 residents and Staff of 888 Boulevard of the Arts and possibly 200 visitors weekly to the Gulfcoast Wonder and Imagination Zone (G.WIZ) can view the sculpture is questioned; that 5 or 6 sculptures around the former Selby Library and the Van Wezel Performing Arts Hall (VWPAH) are located two blocks away from the proposed location for Photon II; that 10 to 12 sculptures are located at the sculpture walk at the Sarasota Visual Art Center, which is also nearby; that other areas of the City should be favored by the placement of public art; that a beautiful view of Sarasota Bay, which is a natural piece of art, should not be obstructed by Photon II; that locating public art in high-traffic, urban locations where the art can improve the area and where day and night vehicular and pedestrian traffic can enjoy the art is preferable; that the artist sought support of politicians such as Katherine Harris, State Senator for District 24, and civic groups such as The Argus Foundation, Inc.; however, the residents of 888 Boulevard of the Arts, though most affected, were never consulted; that the Public Art Committee complained of not receiving any artwork for two years; however, a list of appropriate public spaces with high traffic for public art has never been published; that the support of the newspapers or art schools for the submission of ideas has never been enlisted; that the objectives of the Committee concerning aesthetics and location of public art should be reviewed. Vice Mayor Patterson asked the status of the Public Art Committee's recommendation concerning Photon II? Commissioner Merrill stated that the Commission has been advised of the recommendation concerning funding for Photon II but has taken no action. City Manager Sollenberger stated that the Public Art Committee recommended and the Commission approved Photon II as a significant piece of public art; that the Public Art Committee requested and received referral back from the Commission for recommendations as to funding sources; that the Committee has not submitted a report concerning funding sources; however, the anticipation is the recommendation will be to use one year of public art funds equaling $30,000 and to raise the balance of the cost through donations and grants; that the Committee's report concerning funding sources must be returned to the Commission. 12. UNFINISHED BUSINESS: PRESENTATION RE: CREATION OF A RETAIL BUSINESS DISTRICT IN THE DOWNTOWN AREA - 1) PLACED AN ITEM CONCERNING THE FINDINGS REGARDING THE PROPOSED SSD ON THE AGENDA FOR THE DECEMBER 7, 1998, REGULAR COMMISSION MEETING, 2) CONFIRMED THE INTENT TO UTILIZE CHAPTER 170, F.S. AS THE MECHANISM FOR CREATING THE PROPOSED SSD AND 3) APPROVED ADVERTISING A PUBLIC HEARING TO UTILIZE THE UNIFORM METHOD OF COLLECTION FOR THE DECEMBER 21, 1998, REGULAR COMMISSION MEETING (AGENDA ITEM VII) #2 (3640) through 4 (1234) Paul Thorpe, Executive Director, Thomas Nunan, President, Charles Kuykendall, Past President, Pamela Truitt, Board Member, the Downtown Association of Sarasota, and Deborah Gestner, Owner, Florida Planning Consolidated, Inc., came before the Commission. Mr. Nunan stated that the Commission is requested to begin the formal process for creating a Special Services District (SSD) for Downtown Sarasota; that the support, encouragement and grant received from the Commission at the January 20, 1998, regular Commission meeting is appreciated; that a lengthy process in accordance with the State statutory requirements is required following Commission approval to proceed; that four public hearings are required; that the hope is for the Commission to schedule the first public hearing for the December 21, 1998, regular Commission meeting; that three additional public hearings will be required in 1999; that the tentative plan, preliminary research, proposals for the goals and funding of an SSD, and the survey results entitled "Proposed Special Services District Q & A Communique, October 1998, were presented to Staff on October 12, 1998; that public workshop were held on October 14 and 15, 1998; that the ideas presented are not final; that the tentative plans can be revised and refined; that the proposed boundaries are adopted from the Tax Increment Financing (TIF) District. Commissioner Cardamone asked if the boundaries and proposed budget can also be revised and refined? BOOK 45 Page 17714 11/02/98 6:00 P.M. BOOK 45 Page 17715 11/02/98 6:00 P.M. Mr. Nunan stated that an initial tentative budget has been developed within which priorities could change; that approval is requested to begin the statutorily required public hearing process; that discussions with the Commission and Staff as well as property owners are on-going. Ms. Gestner stated that the Commission approved funding to begin investigating the establishment of an SSD at the January 20, 1998, regular Commission meeting; that subsequently, two public workshops were held. Ms. Gestner distributed copies of the "Proposed Special Services District Q & A Communique, October 1998, I and intormation concerning the SSD and a workshop notice which were mailed to Downtown property owners, tenants and occupational license holders; and stated that an additional mailing including a map, the proposed SSD organization, comments from previous mailings, and response cards requesting an affirmative or negative vote on establishing the SSD was distributed in October 1998; that the SSD will be established as a dependent SSD with the Commission voting annually on the budget and having jurisdiction over appointees to an SSD Board of Directors; that the Board will be comprised of a certain number of property owners, tenants and individuals who work Downtown; that minutes will be submitted to the Commission, probably on a quarterly basis; that funding approval for the SSD will be incorporated into the City's budget process; that the SSD will be established for a five-year period with annual renewal dependent upon Commission approval of the budget; that the SSD will have the power to make expenditures for maintenance and operations, not capital items or construction. Mr. Thorpe stated that a computer-generated slide presentation entitled "Downtown Sarasota Special Services District" was planned but, unfortunately, will not take place due to computer difficulties; that the initial work has commenced by conducting surveys of approximately 1,700 merchants and business people in the Downtown area as well as approximately 800 property owners; that opinions were solicited as to important issues such as creation of a transportation system in the Downtown core, plantings in public areas, sidewalk maintenance, marketing, and security; that tentative budgets and plans have been prepared by the Downtown Association in anticipation of a first public hearing at the December 21, 1998, regular Commission meeting; that suggestions on improving the tentative plan are requested so the benefits to the City can be identified and brought before the Commission; that other cities around the Country have successfully established SSDs. Mr. Thorpe cited the following from the "Downtown Sarasota Special Services District" presentation: Downtown is in competition with shopping centers, suburban office buildings, residential subdivisions, strip centers, service centers, suburban entertainment centers and beach front hotels. We can remain competitive in these areas only if we provide safe, clean, accessible, enjoyable and aesthetically pleasing buildings, transportation, events, products and services. We must commit ourselves to creating an organization that realizes the importance of being competitive and acts to strengthen our competitive position. The Downtown Association has worked hard to accomplish this goal but needs the support of all downtown businesses, property owners, tenants, employees, government bodies and residences to see that Sarasota's Downtown Special Services District becomes a reality. Ms. Gestner stated that a funding level of $350,000 is requested for the first year, divided into six categories as follows: Transportation $ 40,000 Maintenance 119,000 Security 58,000 Administration 74,000 Marketing 34,000 Contingency 25,000 Total $350,000 Ms. Gestner stated that an assessment of $.10 per square foot for commercial property for the first year is proposed; that a maximum increase of $.01 is proposed for subsequent years, up to five years; that assessments are renewable annually. Ms. Gestner referred to a list of 61 SSDs created in Hillsborough County included in a document entitled "Hillsborough County Tax Collector's Office Uniform Method for the Levy, Collection and Enforcement of Non-Ad Valorem Assessments, Assessment Year 1998"; : and stated that the most listed SSDs are dependent neighborhood and business improvement districts. Mr. Thorpe stated that the SSD's main objective is to maintain and increase the value of the Downtown property through enhanced maintenance, beautification, security, marketing and transportation programs; that the primary issues were identified by the surveyi that a crew of street maintenance workers will be sent to areas with high pedestrian and trash-generating activity to sweep streets, empty trash cans, steam clean sidewalks, and maintain planting beds, medians and parks; that one goal is to maintain a pristine appearance Downtown which benefits economic development as well as people working, living or visiting Downtown; that extra security personnel will assist the Police BOOK 45 Page 17716 11/02/98 6:00 P.M. BOOK 45 Page 17717 11/02/98 6:00 P.M. Department and serve as ambassadors by welcoming and directing visitors; that business development and marketing programs will be developed to retain merchants and solicit new merchants for Downtown; that trolleys should begin to operate by the end of 1999 with capital funding provided by Sarasota County; that maintenance for one trolley serving the Downtown will be provided by the SSD; that the trolley could alleviate parking problems by shuttling workers parked in outlying areas to Downtown; that many large companies responded positively in the survey to the trolley concept. Ms. Gestner stated that 53 percent of survey respondents expressed interest in and encouragement of employees to use shuttle trolleys; that the survey received an 18 percent response rate. Mr. Nunan stated that SSDs are located throughout Florida, California and in Manhattan, New York. The following people came before the Commission: Alison Bishop, 1311 Main Street (34239) owner, Living Walls Furniture and Design and Member, Downtown Association since 1983, stated that the growth and development of Downtown has been actively promoted since 1983; that employees, customers and visitors lament the lack of parking; that parking was indicated as a major need in the survey; however parking received the second lowest allocation in the proposed budget; that one trolley running six months annually will not solve the transportation problem; that the proposed SSD offers a high tax assessment but few benefits; that a $.01 annual increase is a 10 percent annual increase and equates to 40 percent over the five-year term; that the timeframes are constrained; that the October 14 and 15, 1998, workshops allowed only two weeks for evaluation prior to the Commission meeting; that more time is necessary to evaluate the benefits of the proposed SSD. Robert Greenwald, 2000 S. Tamiami Trail, Venice (34293) Downtown property owner, stated that the Commission's cordiality, fairness, efficiency and dedication is commended; that the goal of the proposed SSD to compete with surrounding businesses is opposed; that government's function does not include helping affluent capitalists compete with other affluent capitalists; that the Downtown area boundaries should be examined as some areas now included will be forced to help affluent capitalists while receiving no benefits. Russell Jordan, 49 East Avenue North (34237), Downtown business owner, stated that urban renewal has been supported in the past; that the proposed boundaries for the SSD include many areas which would be assessed for transportation, security, maintenance, cleaning, etc., without receiving any actual benefits; that the $98,000 allocation for administrative services is high; that the SSD requires further examination; that the boundaries should be reshaped; that legitimate reactions should be obtained from those affected. Tony Woods, 2184 Main Street (34236), Downtown property owner, stated that the types of businesses Downtown east of U.S. 301 include attorneys, architects, and other business professionals but no restaurants or retail stores; that the benefits described in the proposed SSD pertain to Downtown west of U.S. 301; that the business owners on Main Street east of U.S. 301 believe an assessment would mean double taxation as clean streets, adequate garbage pickup and City Police Department security are currently provided; that no trolley will travel through the area to the professional business offices or parking lots; that the entertainment and retail areas on Main Street west of U.S. 301, which would reap : the benefits, should pay the assessment required to maintain the SSD. Sy Sherr, 523 S. Washington Boulevard (34236), Downtown property owner, stated that having received eight questionnaires, the accuracy of the survey is questioned; that Main Street alone benefits from the proposed SSD; that businesses on U.S. 301 have no nighttime entertainment and, therefore, no requirement for security or cleanup services; that $350,000 is a large amount to help Main Street; that in 40 years, nothing has been spent to help businesses on U.S. 301 either by the County or the City; that many property owners in other areas would like to obtain the benefits received by property owners on Main Street and resent paying for Downtown's higher maintenance. Pam Truitt, P. 0. Box 701 (34230), deferred from speaking. George Lowery, 1967 Morrill Street (34236), resident of Towles Court, stated that the Downtown Association spoke eloquently on plans for Downtown; however, no mention was made of benefits for Towles Court or Morrill Court, which are included in the proposed SSD; that new taxes imposed on an artists' community which will not receive any appreciable benefits cannot be supported. City Attorney Taylor stated that scheduling a public hearing prior to the end of 1998 is necessary to utilize the uniform method of collection for assessments; that delays will prevent the use of the Tax Collector's Office to collect the SSD assessments; that in past assessment projects, the City Attorney's Office proceeded under the authority of Chapter 170, Florida Statutes (F.S.), which requires certain procedures including public hearing for implementing an SSD. Michael Connolly, Attorney, City Attorney's Office, came before the Commission and stated that a total of four public hearings BOOK 45 Page 17718 11/02/98 6:00 P.M. BOOK 45 Page 17719 11/02/98 6:00 P.M. are required to complete the two procedures involved in establishing an SSD as follows: 1. creation of an SSD which can be done at anytime in the calendar year and requires two public hearings 2. collection by one of the following means: : a. billing, collection and follow-up by City Staff b. utilizing the uniform method of collection which places the non ad valorem assessment on the tax bill via the Tax Collector's Office which requires two public hearings Attorney Connolly stated that the uniform method of collection has the advantage of virtual assurance of payment as nonpayment would force the sale of the property; however, the process is calendar-driven; that one public hearing prior to the end of the calendar year preceding the year in which the uniform method of collection will be utilized is required; that one additional public hearing concerning the uniform method of collection is required; that two public hearings concerning creation of the SSD are required; that a total of four public hearings are required; that in the instant case, a public hearing is required prior to the end of December 1998 for the non ad valoreum assessment to appear on 1999 property tax bills; that the proposed tentative schedule is: Public Hearing Concerning: December 21, 1998 1st Public Hearing Uniform Method of Collection June 7, 1999 1st Public Hearing - Creation of the SSD July 1999 2nd Public Hearing = Uniform Method of Collection August 2, 1999 2nd Public Hearing Creation of the SSD City Attorney Taylor stated that the SSD boundaries including a legal description of the property must be established prior to the first public hearing; that the Commission may schedule a special meeting prior to December 31, 1998, for the first public hearing if desired. City Manager Sollenberger stated that the first public hearing on the proposed SSD requires a small expense of approximately $1, 000; that evidence of majority support at the first public hearing is crucial before proceeding further; that large expenditures for legal work and calculations of the assessment on each of approximately 800 pieces of property by the Finance Department will be incurred prior to a June 1999 public hearing; that the Downtown Association should advise the Commission if adequate responses indicating majority support will be available at the first public hearing; that strong support for creation of the SSD is necessary before the Commission moves forward. Vice Mayor Patterson asked if evidence of majority support means support by the majority of the property owners or majority support as evidenced by the survey? Attorney Connolly stated that State Statute allows a municipality to create either a retail business district, a wholesale business district or a nationally recognized historic district; and cited Section 170.01(3), F.S., as follows: Any municipality, subject to the approval of the majority of the affected property owners, may levy and collect the special assessment. Attorney Connolly stated that the position of the City Attorney's Office is that 509 real property owners are located within the proposed SSD and 255 constitute a majority in compliance with the State Statute. Vice Mayor Patterson asked if legal difficulties would be encountered if less than 255 positive responses are received from separate individuals? Attorney Connolly stated that no opinions, interpretations or guidelines of the State Statute exist; therefore, the City Commission's position would be a test case; that following the four public hearings, the Commission will be required to decide if a majority of the affected property owners support the assessment; that no problem will exist if 255 positive responses are received; however, a 50 percent response with a 3 to 1 ratio of positive responses would mean the Commission bears the responsibility of concluding if a majority of property owners favors the assessment. Vice Mayor Patterson asked if any ruling exists concerning other Florida SSDs? Attorney Connolly stated noi that Tampa chose not to follow Chapter 170, F.S., but rather to create an SSD under home rule power; that under home rule power, a city can perform any function for a municipal purpose unless expressly prohibited by law; that the creation of an SSD by alternate means to Chapter 170, F.S., is not prohibited; that the advantage of following Chapter 170, F.S., is that the State Legislature created the procedures, providing an assumption of correctness and a shield from lawsuits; that the Commission bears the responsibility for creation of the SSD, the methodology, and the decision-making based on the records presented by the Downtown Association with no outside guidance if home rule power is utilized; that the likelihood of success cannot be guaranteed if lawsuits are filed BOOK 45 Page 17720 11/02/98 6:00 P.M. BOOK 45 Page 17721 11/02/98 6:00 P.M. against the City; that the City Attorney's Office recommends creation of the SSD pursuant to Chapter 170, F.S., rather than the City's home rule powers. City Attorney Taylor stated that the distinction between creating an SSD pursuant to Chapter 170, F.S., and using home rule powers is important; that the distinction is not clear from the examples of SSDs in other cities. Vice Mayor Patterson asked if using the statutory authority or home rule powers must be determined prior to the first public hearing? Attorney Connolly stated that identification of the mechanism by the first public hearing is not required; however, knowing the planned direction and likelihood for success for creation of the SSD is highly desirable prior to a commitment for extensive work and funding. Vice Mayor Patterson stated that the Commission should know the parameters on which to base a decision. Attorney Connolly agreed. Vice Mayor Patterson stated that many speakers oppose inclusion of the area east of U.S. 301 in the proposed SSD; and asked the basis for changes to the proposed SSD boundaries. City Manager Sollenberger stated the Downtown Association will recommend the proposed SSD boundaries; that evidence of majority support for the proposed SSD parallels the establishment of the special tax assessment for the parking lot at St. Armands Circle; that the uniform method of collection was supported by a majority of affected property owners; that majority support assured a positive Commission decision; however, the project utilized considerable legal and administrative time and expense; that evidence of majority support for the proposed SSD is crucial before proceeding further. Attorney Connolly stated that the question of received benefits should be resolved as soon as possible; that the burden of the Downtown Association is to prove to the Commission's satisfaction a causal connection between the benefit and the assessment; that without a connection, the SSD could be subject to legal challenges; that additionally, the legal description of the boundaries for the property included in the SSD will be the basis for assessment calculations by the Finance Department prior to a June 1999 public hearing. Vice Mayor Patterson asked if the parameters of the SSD and benefits must be established by the first public hearing? Attorney Connolly stated yesi that the boundaries must be established prior to January 1, 1999, for inclusion on the 1999 tax bills. Commissioner Merrill asked the next step if including the assessment on the 1999 tax bills were not a concern? Attorney Connolly stated that majority support for the assessment and methodology should be in place and have the support of the Commission before proceeding further. Commissioner Merrill stated that reaching a decision with the limited information available is difficult. City Manager Sollenberger stated that the concept of SSDs has merit; however, creating an SSD in a thorough manner is more important than having the assessment on the 1999 tax bills; that a failed proposal will likely precipitate a long wait before a second attempt can be considered. Commissioner Merrill stated that calls have been received from many property owners opposed to the assessment; and asked if the issues raised can be resolved prior to the proposed first public hearing at the December 21, 1998, regular Commission meeting? City Manager Sollenberger stated that the Downtown Association must obtain the required information to demonstrate majority support; that the proposed SSD boundaries should be shaped in accordance with majority support. Commissioner Cardamone stated that a Tampa SSD was created under home rule powers; and asked if other cities the size of Sarasota have taken similar action? Attorney Connolly stated no. Mayor Dupree asked if the 509 real property owners in the proposed SSD have buildings on the property? Attorney Connolly stated yes. Mayor Dupree asked if 255 of 509 property owners constitute majority support and if the remaining owners can be assessed? Attorney Connolly stated that the Commission will have a strong legal foundation if evidence of majority support of at least 255 of 509 property owners is received by the first public hearing; that the Commission can impose the assessment on the remaining opposed property owners. Mayor Dupree stated that imposing the assessment on opposed property owners is a concern; and asked if the size of the SSD can be reduced? Attorney Connolly stated yes. City Attorney Taylor stated that the Commission's decision can be based not only on an actual vote but also on the Downtown BOOK 45 Page 17722 11/02/98 6:00 P.M. BOOK 45 Page 17723 11/02/98 6:00 P.M. Association's providing evidence of a comfortable level of support; that the City entered into a February 1998 agreement with the Downtown Association to provide funding in the amount of $35,000 to create and establish a Business Improvement District (BID) in Downtown; that a series of tasks to determine the level of support by affected real property owners were incorporated in the agreement; that the survey was designed to determine the level of support; that the Downtown Association should provide the necessary information as the basis for the Commission's decision. Mr. Thorpe stated that the area identified as Downtown has been identified as the Commercial, Central Business District (C-CBD) Zone District for many years; that residential areas such as Gillespie and Laurel Parks have been eliminated from the proposed SSD sO only the business areas remain within the proposed SSD boundaries; that public records from as far back as 1962 indicate Downtown extends from the Bayfront to the former railroad station site at the east end of Main Street; that benefits will be realized by the area east of and on U.S. 301 eventually; that some past neglect will be eliminated by instituting the proposed SSD particularly on U.S. 301. Vice Mayor Patterson stated that indicating an area has been neglected is a concern. Mr. Thorpe stated that pictures of the area have been submitted to the Cityi that nothing detrimental is being conveyed; that the concern is to improve the City; that no personal gain will be realized from the establishment of an SSD; that U.S. 301 is a major gateway to the City; that the City has improved the U.S. 301 and 41 intersection through landscaped medians; however, the beautification should continue on U.S. 301 north; that in the near future, a ten-story office building housing the new headquarters of the YMCA will be constructed on the former railroad station site, which may be the beginning of expansion in that area of Main Street; that funding from the SSD will not be received until the year 2000, by which time considerable development may occur on U.S. 301 and Main Street east of U.S. 301; that the former church at the intersection of U.S. 301 and John Ringling Boulevard will become an office building; that improvements resulting from the development of the Hollywood 20 Theatre complex are occurring; that the proposed SSD boundaries can be changed if necessary. Ms. Gestner stated that the proposed SSD boundaries were not created but rather adopted from the Community Redevelopment Agency (CRA) and the TIF District. Mr. Nunan stated that the proposed SSD will be comprised of Downtown people contributing their tax money to accomplish specific objectives; that the budget will be approved by the Commission as part of the City's budget process; that the tax assessment will be collected by the Tax Collector's Office; that the SSD is a private/public partnership; that shopping malls accomplish for tenant merchants the same activities including marketing, special events, security, cleanup, beautification, etc., which will be performed by the SSD for Downtown merchants and business people. Ms. Gestner stated that survey distribution was based on tax bills; therefore, multiple surveys could have been received if multiple parcels are owned; that multiple responses from the same property owner are considered one vote; that one survey question concerned parking; that 74 percent responded that they believe a parking problem exists Downtown; that another survey question concerned the location of City parking lots; that 73 percent responded with a knowledge of the parking lot location and parking space number, indicating Downtown workers have parking permits; that another question concerned the use of a shuttle trolley; that 53 percent responded shuttle trolleys would be utilized to allow for remote parking; that the SSD is not a capital improvement district but is rather a maintenance district; that the City rather than the SSD would be required to purchase parking lots or garages; that the SSD would maintain rights-of-way, provide shuttle trolleys, etc.i that Tampa created the SSD on the basis of 42 responses to a survey and was comfortable utilizing home rule powers; that the over 200 survey responses have been received; that 91 percent of the respondents are in favor of the required services; that a second survey has been distributed with the following questions: I vote yes - I want a Special Services District to be created and enhance my city services throughout my downtown area. . I vote no I do not want a Special Services District. I am satisfied with the level of city services at this time. Ms. Gestner continued that the responses are being received and compiled and should be available for the December 21, 1998, regular Commission meeting; that an additional mailing will be send to individuals who do not respond; that property owners will be personally visited if necessary to obtain responses; that many Downtown property owners are out of town and are absentee property owners. Commissioner Merrill stated that the Commission should not be required to eliminate property owners or revise the proposed budget to obtain majority support; that scheduling the proposed SSD for public hearing is a concern based the uncertainty of support of affected property owners. Ms. Gestner stated that the Downtown Association made a proposal to the City in 1997, conducted due diligence in 1998, will be BOOK 45 Page 17724 11/02/98 6:00 P.M. 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Mr. Nunan stated that many telephone calls were received after articles appeared in the newspapers and public workshop notices were distributed; that a gauge of public support can be ascertained by the December 21, 998, regular Commission meeting. Ms. Gestner stated that newspaper advertisements are required for four consecutive weeks; therefore, the information available to date is being presented. Mr. Nunan stated that a similar SSD was established in San Luis Obispo, California, which is a small city of approximately 40,000 and which has a wonderful downtown area; that discussions were held with the local Chamber of Commerce; that the success of the downtown comprised of locally-owned retail shops, sophisticated chain retail stores, restaurants, and featuring special events and signage was due to a district similar to the SSD. Mr. Thorpe stated that West Palm Beach, Florida, has also established a successful SSD which resulted in the establishment of shuttle trolley service and improvements downtown; that one concern in the City of Sarasota is parking; that a shop-and-ride shuttie trolley system, which has worked in other locations, should be tried, at least until a parking garage is constructed; that some larger employers have indicated a shuttle trolley system would be utilized, alleviating some parking problems; that the Sarasota County Transit Authority (SCAT) will provide three operating trolleys and a stand-by trolley in Downtown; that the SSD will fund the operation of one trolley. Mayor Dupree asked for clarification of the positive survey response rate. Ms. Gestner stated that approximately 200 surveys were returned; that approximately 91 percent indicated a requirement for the services. Mayor Dupree asked if 91 percent indicated agreement to a tax assessment? 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Ms. Gestner stated that the proposal is to: 1) schedule a workshop in early December 1998 to provide a report on the October 1998 survey, 2) possibly amend the proposed SSD boundaries and 3) schedule and advertise a public hearing for the December 21, 1998, regular Commission meeting. Commissioner Cardamone stated that the proposal is suggested for Commission consideration. Commissioner Merrill stated that considerable funds have been spent on Downtown; that a statement that Downtown will be asked to assume a portion of the burden to increase help to the neighborhoods would be a reason to vote against an SSD; that the City will continue to perform the services even if a negative vote is received; that a good reason for a property owner to vote for a supplemental tax for trolleys, police officers, maintenance for Downtown medians, etc., when already provided by the City is not discerned; that the services offered should be in addition to City services already provided; that the first survey simply provided an indication that the services are desired; that the issue is agreeing to a supplemental tax for services the City is currently providing, which is not intended but which is perceived; that the proposed SSD must be sold on the basis of supplemental services; that the proposed SSD is not ready to proceed; that the comments being received are not positive; that the concept of BIDs and SSDs are supported in theory; that the proposed budget is not viable; that the focus of the SSD is wrong; that a reassessment is not possible by the December 21, 1998, regular Commission meeting; that allowing Downtown to have a budget to enhance festivals, etc., is strongly supported; that allowing the City to pass the burden of providing City services to Downtown is not supported; that the SSD will fail due to a lack of clarity of desired results; that the focus of the tax assessment at St. Armands Circle was clear, i.e., parking; although, some merchants and property owners at St. Armands Circle did not perceive the full amount of the benefit; that the comments being received over and over is the concept of an SSD is agreeable but the budget is not; that 50 percent support will not be received unless the proposed budget is reconsidered and the focus is redirected. Commissioner Cardamone stated that the City's major effort could be to continue required maintenance and policing services while enhancing services with the funds in the proposed SSD budget. Commissioner Merrill stated that the proposed SSD budget is for a trolley service which will be paid by the County and maintenance of Downtown landscaped medians which is the City's job. BOOK 45 Page 17728 11/02/98 6:00 P.M. Tearde IT passe pue !etoITO spuewy 7S ze auoussosse x2z 047 Burysyiqease uT paztItan usyueypeu 047 SEM 's'a 'OLT zegdeyo ey7 !anany a47 UT IO MoU parynbaz aq IITM GSS IO GI8 e 7ey7 !ODTAIeS 047 enurauop 07 seek 001y7 Ieage s7soD burgezedo KettoI? 047 puny 07 paiynbaz aq IITM KatD 047 ey7 !sKeItoI 047 jo 7sOD TeaTdep 047 pue sIeek 00.y7 IoJ spung Burgezodo 047 sepntour pue spung azens Jo pastzduoo ST 4P74M quezb PopIEMP-Odw ue Kq papung eq IITM sKettoJ? uMoqumop 0y7 1ey7 seuet xIS 07 YAPTM 047 uT oseaour ue asodoid 07 SEM LOE S'n ebueyp 07 noIJe KIuO s,Kqunop a47 neyz pazezs uosiegged IoKew ODTA "ueIdsIom s,oa 047 UT ST YpTYm 'TOE *S'n To uotqod 047 Burdeosnoaras uO snpoy pTnoys (LOGI) voraeazodsuex TO quewqzeded eptIola 04? pue 'yapTM qino-02-qimo aues 047 urezar pTnoys LOE S'n 7e47 TOE S'n 07 paptAoid aq pInoys egeureate ue 1ey7 uoratsod 047 007 Kato 047 7ey7 xelduop aeey 02 POOMAITOH 047 Jo queudoreAep e47 Burpnipard pue sauouysTIqas9 TepoIowuo 047 Buraeururre ATeATaDegje 'TOE S'n Jo epts ASeM 047 buote AEm-Jo-a45T1 Teuoratppe Bupsez Kq TOE s'n ueptM 07 paystM siauorssyuuoo Kqunop Jo preog egosezes 047 'obe sIPek TeeAos eyz penurquop Iebraquertos Iebeuew KAtD aouereg3tp eIqerepysuo e ST YoTYM 'ass IO AI8 e Burgepueur sepntoazd asegoid Katzofeu 'eruzosrIeD uT ney? lepTIola uT pegerasuowep eq asnu qroddns Katzofew geu? Isegnzens epTIoTa uey? queburzas ssel ae sESS IO SAI8 buruzeouos segnaeas eruzogrtep 7ey7 ioddns Kressapeu 047 leaio 07 Azessapeu SEM nroIge sreek OMA Aregeupxordde 2eyz 9661 JO S661 ATegeupxordde ITAun pagonzasuo pou SEM TO1 Bursed e4a neya !szoJje squeyo.our 047 Jo aInsaI 0y7 SEM TOITD spueury AS 1e T01 Burszed 047 JOJ auoussosse xez 047 1eyz IWIL buOt e IOJ aSS e42 uO bUTIOM ueaq sey uorgeppossy LMOAuMOG 047 7ey7 pazezs rabaqueItos rabeuew KATD paureago are sainser Kenins 047 IT7un UMOUSI aq aouuep qoddns TO TOAOT 047 7eyz pezezs auowepiep reuorssyuoo nioddns quepzed 0S ueago nou IIIM pasodoid se zabpnq e47 'IOAOMOY Kroaya 047 47TM passaidxa ST quewoabe 7ey7 pazezs IITIIeW IeuorssTuMoo *KATD 047 Kq pezeazp ueaq eAey yoTyM senteA Kazedoid epueyue IITM ESS 047 ST atjeuaq 047 1ey7 pazezs euowepzep reuorssyuuoo aSS 047 TO adepuoo a47 ITes IITM ebpnq pasodoid 047 Jo sItegep e47 1ey7 pezezs IITIIOW reuorssyuwo panbie bureq nou aie 7ebpnq pesodod a47 To sItezep 047 7ey7 pazezs auowepzep IouorssTuuo *W'd 00:9 86/20/TT 6ZLLI ebed St XOO8 improvements can be funded by a tax assessment established under Chapter 170, F.S.? Attorney Connolly stated that Chapter 170, F.S., provides a list of items for which SSDs can be created; that for example, Chapter 170, F.S., was utilized to create the tax assessments for the parking lot at St. Armands Circle, the Hudson Bayou drainage project, and the Euclid Avenue street improvement project; that the intent of the proposed SSD is not to include capital projects; however, Chapter 170, F.S., can be used for many purposes, including capital projects. Vice Mayor Patterson stated that the suggestion is to create the proposed SSD pursuant to the City's home rule power. Ms. Gestner stated that is correct; that the Tampa model, which created the SSD pursuant to the Tampa's home rule power, was utilized in developing the proposed SSD; that the uniform method of collection provided under Chapter 197, F.S., will be utilized; that the intent is to use the funds for maintenance and operational costs not capital costs. Vice Mayor Patterson stated that provisions should be made for the greatest flexibility possible; that supporters of the tax assessment at St. Armands Circle had votes from all real property owners; that the affirmative votes represented the vast majority of affected property owners; that little controversy was received; that the fashion in which the proposed SSD has been developed is a concern; that personal support is not lacking; that establishment of a BID or SSD has been personally promoted since 1995; that proposing the SSD without resolving the details and without substantial support will harm the likelihood of success in the future; that survey responses to requests for additional streetsweeping, curbs and gutters, or additional landscaping will always be positive; that such survey responses are not the same as support for a tax assessment for such services; that substantial additional work is necessary to assure passage; that the peripheral benefits of an improved Downtown may not have been considered by some public speakers; that indicating the Commission has done nothing to improve U.S. 301 raises a concerni; that property is personally owned east of U.S. 301; that the value of the property has increased due to the value of being an office building near an improved Downtown where property values are increasing; that people should be sold on the concept of the benefits being received; that receiving a report in early December 1998, amending the proposed SSD boundaries and scheduling and advertising a public hearing for the December 21, 1998, regular Commission meeting can be supported; that the question is the percentage of real property owners supporting the establishment of an SSD; that 90 percent support by the 10 percent who respond to a survey is not a demonstration of an acceptable level of support; that the worse concern is the SSD, which should be established, fails before being brought to a BOOK 45 Page 17730 11/02/98 6:00 P.M. pue Burzoau uorssTuuop enbaz '8661 'L roquepoa 047 Jo epueby e47 uo waat ue Buroetd 2eyz pazezs zebraquetros rebeuew Kato "pepnpez a1e serzepunoq ESS pasodoad 047 IT pepnpe. aq IITM nebpnq e47 2ey7 pazeas reugsep SW asuodsor OATATSod e eATepeI Keu Kenins 8661 reqozpo 0y7 1ey7 pazezs uosIegged IoKe ODTA pesodoad aq Keu nebpnq pOsTAaI e pue sepzepunoq pepnpaz geya pezezs auowep.e auorssyuwoo * Burzoau uorssTuuop eTnbaz '8661 'L requeped 047 JOJ epueby 047 uo papetd aq pinop wezt ue 7ey7 pezezs uosIenged IoKe ODTA "padeyser aq uep serzepunoq pasodod 047 IT ST ensst 047 3ey7 !anany 047 UT paonpaz OIeM sepzepunoqg aSS pasodoid a47 IT PTTEA aq IITM pue poapoid ueo SAuoWeSTAIPAPE radedsmeu 047 3ey7 pazezs rebIequeItos rebeuew KaTD uoraonpor 04? Jo aunoue ITeus e sungez AI7Y5TIS saxez 047 Burseazour 3eyz !KA7D 047 UT papnpaz ATqezeprsuoo ueaq BAPy sexez Aaredoid TeaI 7eyz pazezs euowepzep IouotssTuuoo KeAins 8661 Iidy 047 07 paAreper SEM ezez esuodser poob e 2ey7 pazezs reuzsop 'S poaspxe seegur ou IT poumngo. ueaq BABU you PInOM KaAins 047 1eya pazezs uosIegzed IoKew OOTA pauperdxe aIeM aSS 047 Jo queur pue osodind 047 7eya pazezs jeugsep 'SW Kzepunoq DTIASTP 047 upyatM Aaedoad JO sassoursnq Teporouuoo KTuo uo quoussosse Tetpads e epeld IITM PTIASTP STYL LMOAuMOP TO eare a1oo 9u7 IOJ pauuerd ST oTIASTG SODTAIOS Leroads s,egoseres SMOITOJ se Kenins 8661 ITIdy 047 woIy paato pue asS 047 buruzeouoo uorewzogur paptAoid aIeM squetdppar KeAns eya pazezs reugsep SW poureago ST roddns agenbepe ITaun pue ssatun peopoid nou pinoys 1oJje 047 7eu7 aroddns Burasixe 047 Jo aanseaw e pq IITM sainsaz Kenans 047 eya gioddns Jo TBAeT pairnbaz 047 uengo uep pue etqissod ST aSS posodod 047 1ey7 isquowezynbez 10y7o 07 anp TOAOT quenp 047 puokaq quewasoAuT 047 egetepse 07 enurquop zouuep KAtD ey7 IOAOMOY !umOgumoa 047 oquT quouas9Aure. Jo eeys bursesIouT-1BA8 ue saaquerens 7PTIASTP IIL 047 se SODTAIOS LMORUMOa JoJ nioddns MeIPYATM you IITM KatD 047 eyz luotatniy zadod pue IIng *W'a 00:9 86/20/TT TELLI ebed S5 3OO8 proceeding with the first newspaper advertisement is supported; that the support of the majority of affected property owners in the proposed SSD boundaries should be demonstrated prior to proceeding further. Commissioner Cardamone stated that an indication of not being ready to proceed can also be provided to the Commission. Ms. Gestner agreed. Commissioner Cardamone stated that proceeding in accordance with the Tampa model is not preferred; that establishing the SSD in accordance with Chapter 170, F.S., is preferred. Mayor Dupree asked the City Auditor and Clerk to restate the Administration's recommendation. City Auditor and. Clerk Robinson stated that the Administration's recommendation is for the advertising to establish the SSD to proceed and for the Downtown Association to demonstrate majority support of affected property owners at the December 7, 1998, regular Commission meeting. Vice Mayor Patterson asked if the advertising can proceed without finalization of the proposed SSD boundaries and without a determination of which enabling mechanism will be followed? Attorney Connolly stated that the recommendation is the proposed SSD would be advertised assuming the entire CRA boundaries; that no problems will be created if the proposed SSD boundaries are reduced; that a decision of utilizing Chapter 170, F.S., or the City's home rule power is not required as the proposed public hearing concerns utilizing the uniform method of collection and not the creation of the SSD. Vice Mayor Patterson stated that conducting the survey indicates Chapter 170, F.S., will be followed. Attorney Connolly stated that Staff's recommendation has always been to follow Chapter 170, F.S. Vice Mayor Paterson asked if the intent to follow Chapter 170, F.S., should be incorporated into the motion? Attorney Connolly stated that the City Attorney's Office and the Finance Department would prefer the intent to follow Chapter 170, F.S., be included in the motion. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to: 1) place an item concerning the findings regarding the proposed SSD on the Agenda for the December 7, 1998, regular Commission meeting, 2) indicate the intent of the Commission is to utilize Chapter 170, F.S., as the BOOK 45 Page 17732 11/02/98 6:00 P.M. pegezasuouep nou ST ioddns Katiofew JO burpueasiepun TPeto e IT poapoid pou IITM uoTssTuop 047 ney7 lottqnd aApazoddnsun ue uO aSS ue esodur you IITM uorssTuuop 042 7eya pagezs uosIegged IOKew ODTA "uMouS a1e SSTI 047 eyz pezezs auowep.rep teuorssyuuoo ssepoid 047 Jo etpptw 047 uT pepete aq IITM sI9uoTssTuMo) Meu 0047 eyz issetpreber ebueyp IITM uoTssTuwop e47 ey7 pazezs IITIIOW teuorssyuuoo pagzoddns a4 IITM uotiou 047 uosear 047 ST 4p14m etqezegezd aq Kew pIeMIoJ burpeapozd geya !seek BATI IO mnoy ased 047 JOJ suorssnosyp uorssyuwop BATsuegxe 047 Jo ayeuaq 047 pey eAEy ou IITM sI9uofssyuuo Mou 047 2ey7 Buraunep azoul ST YpTyM '6661 yp1ew UT papate eq IITM sI9uorssyuMoo Mou 00147 geyz poogsepun ST YoTYm 'buraunep ST '8661 'Iz pue L raqueped Jo sauripeep Burgoou geyz 'paysiiduoooe pq youuep suotape paiynbez 047 IT peXetep aq pInoys Burzeay oTIqnd '8661 'IZ requeped 047 7eya sepzepunoq aSS pasodod 047 uT sabueyo Kue ageptpur IITM SAueWeSTAIBAPE rededsmeu enang 3eyz Burzeaw uorssywuo IeInbez '8661 'L raqueped 047 1e paquesazd aq pInoys sopzepunoq aSS pesodoid 047 UT uoTSTAOI Kue ey7 pazezs uosegged IoKew ODTA Burgoou uorssTwwoD melnbar '8661 'L requeped 047 1e paquesazd aq TITM gebpnq pue sorrepunoq aSS pesodoad 047 IOJ SIOUMO Kazedoid pazpegge JO qioddns Aatiofew Ieeto ST edoy 047 78y7 asep aq IITM 070A eATRebeu e 'arogereya KI2DOIIOD paysrIgease pq pinoys aSS pasodoid 047 12y7 paunsse pq pInoys IOM syquow XTS reyzoue 7eyz 8661 To pue 047 Kq Burzeay pTIqnd e burptoy uey? Ieyzer oedur wren-Buot 047 ST urepuop 047 2ey7 paonpaz ae serzepunoq ESS 047 IT ueAe Burgoau uorssywuo zetnbez '8661 'Iz requeped 047 se pourepuoo KIOA aq IITM pTIqnd 047 1ey7 oTIASTP VaD eTque 047 epntour IITM queuesTJIBAPE zodedsmeu 7SITI 047 7847 aInoT33TP Areweraxe aq IITM 'pieey ST oTIqnd 047 Burinsse ITYM 'skep 0E uT soTzepunoq pue nebpnq 047 BuTSTABI 'IeAamoy paysrrduoooe ueeq sey yrompunoub eIqeraprsuoo 7e47 8661 Kzeniqos epurs Burobuo ueaq sey sorzepunoq ESS pasodoid 247 pue nebpnq 047 uO IOM seyz 'pareygo ae SOPTAIOS Tequamerddns ssetun sexez poseoour 07 eabe pou Kiqeqoid IITM UMORuMOG UT AaTIofew 047 neyz 'poArepied ST ATpoueq Ieato 2 ssetun paatsep you ST saxez burked 1ey7 !perynbeI ST eldoed Kueu 07 BuruensTI se Koexpouep e UT aut? exez sapafoid Injssopons ney7 KIxornb 007 pIemzoy aSS a4a Jo uorgeao ysnd 07 Buradueage Jo uoradepzad e PTOAP 07 penzoddns aq you IITM uoryou 047 'OAaMOY pagzoddns a1e sESS pue SGI8 1247 pagezs IITIIOW Iouorssyuop Burzoow uorssTuuop reInber '8661 'Iz roquoped a47 IoT uoraDoITOD Jo poygeu woytun 047 eZTITAn 07 Burzeay oTIqnd e esTaIoApe (E pue ESS pasodoid 047 Burgeao IOJ ustueypow *W'd 00:9 86/20/TT EELLI ebed S5 X008 Attorney Connolly stated that any resolution scheduled for public hearing must include a legal description of the property designated for assessment; that the legal description for the currently proposed SSD is the same as the TIF district, which is readily available; that a question is if time is available to prepare a legal description for a proposed SSD with revised boundaries; that the City Attorney's Office cannot provide an answer; that the Downtown Association will have to provide the documentation. Vice Mayor Patterson stated that the conducting a property survey may be impossible within the time constraints. Commissioner Cardamone asked if an actual property survey is required? Attorney Connolly stated no, if the boundaries of the TIF district are utilized; however, a property survey may be required if the proposed SSD boundaries change, depending on the changes. Mayor Dupree called for a vote on the motion to: 1) place an item concerning the findings regarding the proposed SSD on the Agenda for the December 7, 1998, regular Commission meeting, 2) indicate the intent of the Commission is to utilize Chapter 170, F.S., as the mechanism for creating the proposed SSD and 3) advertise a public hearing to utilize the uniform method of collection for the December 21, 1998, regular Commission meeting. Motion carried (3 to 1): : Cardamone, yes; Merrill, no; Patterson, yes; Dupree, yes. 13. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = ADMINISTRATION TO: 1) PROVIDE A WRITTEN REPORT AND SCHEDULE A PRESENTATION FOR THE NOVEMBER 10, 1998, SPECIAL COMMISSION MEETING CONCERNING THE STATUS OF THE GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORPORATION AND 2) PRESENT TO THE COMMISSION ADDITIONAL LAND USE CLASSIFICATIONS DEVELOPED TO RESPOND TO NEIGHBORHOOD CONCERNS REGARDING ADJACENT OFFICE AND COMMERCIAL USES (AGENDA ITEM X) #4 (1243) through (1400) COMMISSIONER CARDAMONE : A. requested a status report on the Greater Newtown Community Redevelopment Corporation (GNCRC). City Manager Sollenberger stated that a meeting is scheduled with the GRCRC on November 3, 1998; that a complete report could be scheduled for the November 16, 1998, regular Commission meeting. BOOK 45 Page 17734 11/02/98 6:00 P.M. Krezuewwoo uoTssTwwop Jo atjeueq 047 arnbar ATOSTI PInOM d'Iad 047 7ey7 pazezs uosregged IoKE ODTA paabe oaidna IoXew d'T8d 047 07 poTad MOTAOI IOJ uorssTuuop e4? 07 paquesard eq pTnoys saoTI2STP euoz BurquaweTdur suoTBD13TSSET9 asn puet Meu 047 7ey7 uoraepuoumooe1 s,Ijeas burgenteAo UT AaInoTIITP BAEY 'azogareya 'Keu d'Iad 047 7ey IsaoTIIStp euoz BurauaweTdur pue SUOTABDI3TSSEI esn puet Mou 047 Bursodozd uT quezur S,uorssyumoo e47 Jo BIEme nou ST d'Iad 0y7 7ey7 !anang Ieeu 047 UT S2OTIASTP euoz Meu pasodoid pue SUOTABDI3TSSET esn puet 047 MOTAOI 07 pernpeyos ST (d'Tad) Koueby Buruueld [epo1/pIeog Buruueld 047 2ey7 pesseippe ueaq eAEy surepuop s,uorssyuwoo 047 ansse 07 uorssTuuop euz Kq PoMOTAOI aq prnoys S2PTIISTP euoz Burauawerdur pue SUOTEDISTSSETP esn puet 042 7ey7 passappe ueaq pou eAey uopsnIour JoJ pegedporaue sueaT auos 'IeAOMOy isaorIasTa euoz (NOL) reporeuuop pooyzoqubrent TeuoraTpeIL pue (BON) zeling ODTIJO pooyzoqubrent pasodoid padoreAep sey JJes 'ainsar e se 2eyz sasn Teporewwoo pue eoTIj0 quepefpe Burprebez surepuop pooyzoqybyeu 07 burpuodsar suOTJBPISTSSETP esn puet Teuoratppe dotenep 07 pagsenbe SEM IIezs 7ey7 pazezs V TIIHEN ENOISSINNOD suorgeoprdde pagerduop panalugns AEU stenpTAypur ueAes 7ey7 8661 's IeqWOAON 'uoou ZI ST euripeep 047 neyz pezezs uosurgou etD pue Ioatpny KAtD azees uorssTwoD Z *ON opasta 0y7 IoJ suopneoyrdde To snzezs 047 pue IoJ euripeep e4? pesse 8 "Burzoeu uorssyuuop Tetoeds '8661 'Ot IequeAON 047 IOJ pernpeyos aq IITM wezt epuaby ue 7ey7 peptAozd aq IITM rodez ueTIM e 7eyn pazezs rebiequetIos rebeuew Kato . Surzeaw uorssTuwop Tetoads '8661 'ot IeqWOAON 047 JOJ peInpayos aq pinop OBOND 047 Jo snzezs 047 Buruzeouoo uezt epueby ue 2ey7 pazezs euowepzep rouorssyuuo poabe oaadna IoXew pegeppezdde aq PInOM uorssnostp uopssTuuop e 07 potid OXONO 047 TO sngezs 047 Buruzepuoo nodez ueTIM e 1ey7 pazezs IITIIOW reuorssyuuoo "W'd 00:9 86/z0/IT SELLI ebed St X008 Commissioner Cardamone stated that the PBLP could consider the land use classifications if already scheduled; that the Commission could review Staff's recommendation as well as the results of the PBLP's review; that neighborhood advocates of such land use classifications may wish to appear before the PBLP. City Manager Sollenberger asked if the land use classifications should be returned to the Commission prior to PBLP consideration? Vice Mayor Patterson and Commissioner Merrill stated yes. Commissioner Cardamone stated that the land use classifications could be returned to the Commission prior to PBLP consideration. Mayor Dupree stated that a consensus has been reached to return the land use classifications to the Commission prior to PBLP consideration. B. stated that a public speaker was allowed to speak twice; and asked if the Commission Rules of Procedure have changed? Mayor Dupree stated that he informed the public speaker he could speak twice in error. City Auditor and Clerk Robinson stated that the public speaker was informed that normally only one opportunity to speak is provided; however, since he was informed to sign up again by the Mayor, he was told that any additional comments should be kept to a minimum. MAYOR DUPREE: : A. stated that everyone is requested to vote in the November 3, 1998, general election. 14. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (1400) through (1543) CITY AUDITOR AND CLERK ROBINSON: : A. stated that the following meetings are scheduled for the balance of November 1998: November 10 at 6 p.m. Special Meeting 2nd Public Hearing regarding the City's Comprehensive Plan November 12 at 10 a.m. Joint Workshop Meeting with the Sarasota County School Board BOOK 45 Page 17736 11/02/98 6:00 P.M. BOOK 45 Page 17737 11/02/98 6:00 P.M. November 13 at 1 p.m. Special Meeting Financial Sustainability Study November 16 at 1 p.m. Special Community Redevelopment Agency Meeting at 6 p.m. Regular Meeting November 17 at 1 p.m. Special Meeting Appointment of District No. 2 Commissioner B. stated that a reception will be held honoring Vice Mayor Patterson for her distinguished service on the City Commission; that the reception will be held on November 13, 1998, from 5 to 7 p.m. in the Grand Foyer of the Van Wezel Performing Arts Hall; that the public is invited to attend. 15. ADJOURN (AGENDA ITEM XII) #4 (1543) There being no further business, Mayor Dupree adjourned the regular meeting of November 2, 1998, at 11:30 p.m. lonmis yphee JEROME DUPRÉE, MAYOR TA 3 & Aabrs BILLY EH CROBINSON, CITY AUDITOR AND CLERK