MINUTES OF, THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 16, 2000, AT 6:00 P.M. PRESENT: Mayor Gene M. Pillot, Vice Mayor Albert F. Hogle, Commissioners Mollie C. Cardamone, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1, PRESENTATION RE: EMPLOYEE OF THE MONTH FOR SEPTEMBER 2000, LORI RIVERS, DEVELOPMENT REVIEW AND REAL PROPERTY COORDINATOR, OFFICE OF THE CITY AUDITOR AND CLERK #1 (0035) through (0190) Mayor Pillot stated that the Commissioners alternate in making the presentation of Employee of the Month and requested that Commissioner Quillin and City Auditor and Clerk Robinson join him at the Commission table. City Auditor and Clerk Robinson requested that Lori Rivers, Development Review and Real Property Coordinator, Office of the City Auditor and Clerk, join him before the Commission, and stated that Ms. Rivers is the Employee of the Month for September 2000, is the Development Review and Real Property Coordinator in the Office of the City Auditor and Clerk, and was employed initially as the Records and Information Technician with Central Records at which time the City was implementing a new records system; that Ms. Rivers was personally responsible for entering over 40,000 records while coordinating the records efforts of a significant number of City departments; that the previous Development Review and Real Property Coordinator became ill; that Ms. Rivers willingly assumed the position and a significant number of responsibilities and functions important to the City; that an example of Ms. Rivers' dedication is her willingness to work abnormal hours to accomplish additional tasks; that Ms. Rivers willingly took home a considerable amount of work over a weekend recently to accomplish a mailing required BOOK 48 Page 20160 10/16/00 6:00 P.M. BOOK 48 Page 20161 10/16/00 6:00 P.M. on short notice to over 4,000 City residents; that Ms. Rivers' nomination as Employee of the Month for September 2000 is personally pleasing; that Ms. Rivers serves with excellence and pride. Commissioner Quillin stated that Ms. Rivers' duties and responsibilities are extensive; that Ms. Rivers serves with excellence and pride; and presented Ms. Rivers with a plague, a certificate, and a City-logo watch as the September 2000 Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated Ms. Rivers for her outstanding efforts. Ms. Rivers stated that the efforts of City Auditor and Clerk Robinson and Shawn Fulker, Assistant City Auditor and Clerk, to provide employment and additional assignments and responsibilities with the City are appreciated; that the honor of and recognition as Employee of the Month is appreciated and demonstrates a recognition of personal hard work and dedication; and recognized her mother, Trudy Broxson, who was present in the audience. 2. PROCLAMATION RE: PROCLAIMING OCTOBER 16, 2000, AS WHITE CANE DAY #1 (0190) through (0320) Mayor Pillot requested that Commissioner Quillin join him at the Commission table to make the presentation. Commissioner Quillin requested that Janice Felski, Executive Director, Manasota Lighthouse for the Blind, Inc. (Manasota Lighthouse), join her before the Commission and stated that the concept for White Cane Day in the City was initiated during a personal visit to Manasota Lighthouse, which offers significant educational resources concerning the blind to the public; that the white cane, which every blind citizen in the City has the right to carry, demonstrates and symbolizes the individual's ability to achieve a full and independent life and capacity to work productively in competitive employment; and read in its entirety the Proclamation designating October 16, 2000, as White Cane Day. Commissioner Quillin continued that the opportunity to present the Proclamation is appreciated; that the public is encouraged to yield for all pedestrians to further a spirit of courteousness in the City and in compliance with the law; that the efforts of Ms. Felski and Manasota Lighthouse to further awareness of visually impaired persons are appreciated. Ms. Felski stated that the Proclamation is welcomed; that the efforts and the commitment of the City and the Commission to promote the safety of visually impaired persons is appreciated. 3. ADOPTION RE: MEMORIAL RESOLUTION NO. 01R-1317, RECOGNIZING THE PASSING OF FELDER THOMAS HOUSER II, SARASOTA BUSINESSMAN AND LIFELONG RESIDENT - ADOPTED #1 (0320) through (0535) Mayor Pillot stated that Memorial Resolution No. 01R-1317 recognizes the September 23, 2000, passing of Felder Thomas Houser II, an outstanding citizen of Sarasota; that Mr. Houser was personally responsible for the outstanding quality of the Sarasota County Fair and will be missed at future County Fairs; and read Memorial Resolution No. 01R-1317 in its entirety. On the motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to adopt Memorial Resolution No. 01R-1317. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. The following family members came forward and were presented with a copy of the framed memorial resolution: Felder Thomas Houser III, son, Kellee Houser-Ray, daughter, and Kimberly Houser-Desmarais, daughter. Mayor Pillot stated that Mr. Houser II will be personally missed; that fond memories of previous County Fairs and Mr. Houser are held. Mr. Houser III stated that the City's recognition of the efforts of Mr. Houser II is appreciated; that the Houser family will continue the efforts of Mr. Houser II to provide an enjoyable and pleasing County Fair to the community; that Memorial Resolution No. 01R-1317 is appreciated. Mayor Pillot stated that Mr. Houser III serves with excellence and pride as County Fair Director as did Mr. Houser II. BOOK 48 Page 20162 10/16/00 6:00 P.M. BOOK 48 Page 20163 10/16/00 6:00 P.M. The Commission recessed at 6:17 p.m. into a Special meeting of the Community Redevelopment Agency (CRA) and reconvened at 7:14 p.m. Mayor Pillot stated that Cub Scout Pack 78, Webelos Den, is working towards Citizens' Achievement Badges, which require demonstrating good citizenry; that Cub Scout Pack 78 demonstrates good citizenry by attending the current Commission meeting; and recognized the following members present in the Chambers: Cubmaster Donna Fernandez and Cub Scouts Alan Brandes, Chris Chanatio, Casey Fernandez, and Bradley Short. Commissioner Cardamone stated that the Cub Scouts look handsome in the uniforms of Cub Scout Pack 78. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0535) through (0615) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Unfinished Business, Item No. VI-1, Discussion Re: Removal of Bayfront Master Plan Update, per the request of City Attorney Taylor. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 5. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 2, 2000 = APPROVED AS REVISED (AGENDA ITEM I) #1 (0615) through (0650) Mayor Pillot asked if the Commission had any changes to the minutes of the Regular Sarasota City Commission meeting of October 2, 2000? Commissioner Quillin stated that the word "premium" in the following section from Agenda Item VI-1 should be changed to the word deductibles" to read as follows: Commissioner Quillin stated that insurance deductibles can range from $500 to $1,000 per yeari Commissioner Quillin quoted a section from the minutes of Agenda Item VI-3 as follows: Commissioner Quillin stated that property was previously personally owned near the property; Commissioner Quillin stated Eurther that the section should read as follows: Commissioner Quillin stated that . a personal residence was previously near the property. Mayor Pillot stated that hearing no further changes, the minutes of the October 2, 2000, Regular Commission meeting are approved as revised by unanimous consent. 6. BOARD REPORT RE: : ADVANCE PLANNING BOARD/LOCAL PLANNING AGENCY (PBLP) REPORT OF THE REGULAR MEETING OF OCTOBER 4, 2000 RECEIVED REPORT; DELAYED ACTION CONCERNING PROPOSED RESOLUTION NO. 01R-1315 TO CONSENT AGENDA NO. 2 (AGENDA ITEM II) #1 (0650) through (1080) Devin Rutkowski, Chairman of the Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of Planning and Development, came before the Commission. Mr. Rutkowski presented the following item from the October 4, 2000, Regular PBLP meeting: A. Conditional Use Application No. 00-CU-07 Site Plan Application No. 00-SP-30 Re: Proposed expansion of the Senior Friendship Centers, Inc. (SFC), leasehold use Mr. Rutkowski stated that the PBLP determined Conditional Use Application No. 00-CU-07 and Site Plan Application No. 00-SP-30 as incorporated in proposed Resolution No. 01-1315 are consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and the City's tree protection ordinance. BOOK 48 Page 20164 10/16/00 6:00 P.M. BOOK 48 Page 20165 10/16/00 6:00 P.M. City Manager Sollenberger stated that the Administration recommends receiving the advance report of the October 4, 2000, Regular PBLP meeting. Mayor Pillot asked if action is required other than to receive the advance report of the October 4, 2000, Regular PBLP meeting? City Attorney Taylor stated yes; that the Commission will consider proposed Resolution No. 01R-1315, approving Conditional Use Application No. 00-CU-07 and Site Plan Application No. 00-SP-30 as Consent Agenda No. 2, Item No. 3, and amendments to SFC's lease and license agreements with the City as Consent Agenda No. 1, Item No. 7; that the Commission may set proposed Resolution No. 01R-1315 for public hearing; that an issue of public concern is the setback of the proposed SFC building from US 301; that the setback proposed in the SFC site plan is approximately 70 feet; however, the landscape plan submitted indicates the setback as approximately 50 feet; that the Commission previously directed the City Attorney's Office to include a minimum setback of 100 feet in the amendment to the SFC lease agreement but may decide to waive the setback requirement as property owners; that the amount of the setback could be considered at a later Commission meeting if proposed Resolution No. 01R-1315 is set for public hearing. Commissioner Quillin stated that approval of the amendment to the lease agreement was conditioned by the Commission on the 100-foot minimum setback; that the amendment to the lease agreement should not be included in the Consent Agenda but as an agenda item providing the Commission the opportunity for discussion and public input; that the setback is 24 feet from the public right-of-way in certain areas of the leasehold; that the commitment for a minimum setback of 100 feet should be honored. Mr. Rutkowski stated that the PBLP should review the requirements of the Commission prior to the formulation of the amendment to the lease agreement; however, the current practice is to formulate agreements prior to PBLP consideration of the Commission requirements. Mayor Pillot asked if the PBLP voted to approve the 24-foot setback? Mr. Rutkowski stated yes. City Attorney Taylor stated that the PBLP was unaware of the Commission's requirement of a 100-foot minimum setback; that the information was not included in the Agenda backup material for the October 4, 2000, Regular PBLP meeting. Mr. Rutkowski stated that the PBLP was unaware of the 100-foot minimum setback requirement. Commissioner Quillin stated that SFC proffered the 100-foot minimum setback. Mayor Pillot stated that the 24-foot setback is on the north of the SFC property; that the 100-foot minimum setback applies to the distance between the proposed SFC building and US 301; that the setback from US 301 was reduced to 70 feet to preserve certain trees; that the proposed SFC building is necessary for SFC's operations. City Attorney Taylor stated that the Commission could receive the advance report of the October 4, 2000, Regular PBLP meeting prior to further discussion. Commissioner Cardamone stated that the Commission should set proposed Resolution No. 01R-1315 for public hearing to further discuss required setbacks and other details; that SFC proffered the 100-foot minimum setback; that the PBLP was unaware of the Commission's requirement of the 100-foot minimum setback and should reconsider Conditional Use Application No. 00-CU-07 and Site Plan Application No. 00-SP-30. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to receive the advance report of the October 4, 2000, Regular Planning Board/Local Planning Agency (PBLP) Meeting. Vice Mayor Hogle stated that a representative of SFC could address the Commission and answer the Commission's questions. Mayor Pillot stated that the Commission should act on the motion on the table prior to receiving input. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yesi Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Mayor Pillot asked the proper procedure for proceeding with consideration of proposed Resolution No. 01R-1315, Consent Agenda No. 1, Item No. 7, and Consent Agenda No. 2, Item No. 3? BOOK 48 Page 20166 10/16/00 6:00 P.M. BOOK 48 Page 20167 10/16/00 6:00 P.M. City Attorney Taylor stated that the Commission could delay action on proposed Resolution No. 01R-1315 and Consent Agenda No. 1, Item No. 7 until consideration of Consent Agenda No. 2, Item No. 3, to receive input and facilitate discussion of all matters simultaneously; that Conditional Use Application No. 00-CU-07 and Site Plan Application No. 00-SP-30 may be reconsidered by the PBLP; however, the Commission may act only to adopt or to set for public hearing proposed Resolution No. 01R-1315; that Consent Agenda No. 1, Item No. 7, is to approve the amendments to the lease and license agreements and Consent Agenda No. 2, Item No. 3, is to adopt proposed Resolution No. 01R-1315. Mayor Pillot asked if the Commission will be permitted to consider all the items simultaneously during deliberations of Consent Agenda No. 2, Item No. 3? City Attorney Taylor stated yes; that the amount of the setback is of foremost concern to the amendments to SFC's lease and license agreements. Commissioner Quillin stated that Conditional Use Application No. 00-CU-07 and Site Plan Application No. 00-SP-30 should not have been included as a Consent Agenda No. 2 item; and asked if consideration of the lease and license agreements will occur during deliberations of Consent Agenda No. 2? City Attorney Taylor stated yes. Commissioner Cardamone asked if the Commission will be permitted to stipulate conditions to amendments to the SFC lease and license agreements during deliberations of Consent Agenda No. 2? City Attorney Taylor stated yes. Mayor Pillot stated that hearing the Commission's agreement, consideration of proposed Resolution No. 01R-1315 will be delayed to Consent Agenda No. 2, Item No. 3. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3,4, 5, 6, AND 7 - ITEM NOS. 1 THROUGH 6 - APPROVED; DELAYED ACTION ON ITEM NO. 7 TO CONSENT AGENDA NO. 2 (AGENDA ITEM III-A) #1 (1080) through (1120) Mayor Pillot stated that hearing the Commission's agreement, consideration of Item No. 7 is removed for discussion. 1: Approval Re: Set for public hearing proposed Ordinance No. 00-4277, amending Chapter 2:4, Personnel, Article II, Pensions, Division 4, General Employees, of the Code of Ordinances of the City of Sarasota, adding Section 24- 117, Deferred Retirement Option Plan; etc 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and W. Scott Van Ness and Varina Van Ness for sanitary service for the site located at 2819 Bentley Street 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and ML International, LLC, for water and sewer service for four (4) undeveloped sites located at 1716 Hansen Street 4. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Ajax Paving Industries, Inc., (Bid No. 00-72M) in the amount of $763,055.00 for the 2000 Pavement ling/Reurracing Project 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the License Agreement between the City of Sarasota and Florida Power & Light Company, for the Bayfront Multi-Use Recreational Trail, (MURT) a portion of which will connect Centennial Park with Whitaker Gateway Park along the waterfront 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Subrecipient Agreement for Community Development Block Grant between the City of Sarasota and Suncoast Center for Independent Living, Inc., for funding to provide entry ramps and grab bars to homes of disabled persons within the City of Sarasota On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Consent Agenda 1, Item Nos. 1 through 6, inclusive. Motion carried unanimously (5 to 0): Cardamone, yesi Hogle, yes; Mason, yes; Quillin, yesi Pillot, yes. 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Lease Agreement BOOK 48 Page 20168 10/16/00 6:00 P.M. BOOK 48 Page 20169 10/16/00 6:00 P.M. and First Amendment to License Agreement between the City of Sarasota and Senior Friendship Center, Inc. Mayor Pillot stated that hearing the Commission's agreement, consideration of Item No. 7 will be delayed to Consent Agenda No. 2. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1298) ADOPTED; ITEM 2 (RESOLUTION NO. O0R-1301) - ADOPTED; ITEM 4 (ORDINANCE NO. 00-4267) = ADOPTED; AND ITEM 3, (RESOLUTION NO. 01R-1315), AND CONSENT AGENDA NO. 1, ITEM NO. 7 REFERRED TO THE ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE FOR APPROPRIATE ACTION (AGENDA ITEM III-B) #1 (1120) through (2830) Mayor Pillot stated that hearing the Commission's agreement, Item No. 3 is removed for discussion. 1. Resolution No. O0R-1298, accepting reports of abatement of nuisances, and costs incurred, pertaining to the repair, securing, or demolition of buildings or structures in accordance with the Standard Unsafe Building Abatement Code as adopted by the City; directing the assessment of liens against all real or personal property owned by the violator; providing for the recording of said assessments in the City's "Assessment Book for Local Improvements" and in the official records of the Clerk of Circuit Court in and for Sarasota County; providing for the accumulation of interest on said liens; etc. (Title Only) 2. Resolution No. O0R-1301, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated therein; etc. (Title Only) 4. Ordinance No. 00-4267, providing for the designation of the structure located at 175, Morningside Drive, historically known as the Devries/Craig House, as a structure of historic significance pursuant to the historic preservation ordinance of the City; more particularly described herein; etc. (Title Only) City Auditor and Clerk Robinson read proposed Resolution Nos. O0R-1298 and O0R-1301 and proposed Ordinance No. 00-4267 by title only. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to adopt Consent Agenda 2, Item Nos. 1, 2, and 4. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Mason, yes; Pillot, yes; Quillin, yes; Hogle, yes. 3. Resolution No. 01R-1315, to approve Major Conditional Use Application No. 00-CU-07 and Site Plan Application No. 00-SP-30 to allow a leasehold use in the Governmental Use (G) Zone District consisting of a medical office and community meeting facility to operate in conjunction with the Senior Friendship Center's existing adult day care facility located upon the leasehold; said major conditional use is proposed to be located on a parcel of property owned by the City and leased to Senior Friendship Centers, Inc., a Florida not-for-profit corporation; said property is generally located on a t 1.13 acre site within Luke Wood Park at the southwest corner of U.S. 301 and Brother Geenen Way (a/k/a 1900 Brother Geenen Way) adjacent to the existing Senior Friendship Centers, as more particularly described herein; said major conditional use is required to be constructed in accordance with Site Plan Application No. 00-SP-30; setting forth terms and conditions for this conditional use; etc. (Title Only) (Applicant Senior Friendship Centers, Inc.) Mayor Pillot stated that the Commission's agreement was to consider Consent Agenda No. 1, Item No. 7, concerning the lease and license agreements with the Senior Friendship Centers, Inc. (SFC), simultaneously with Consent Agenda No. 2, Item No. 3, proposed Resolution No. 01R-1315; that the issue of primary concern is the setback of the proposed SFC building to the east on US 301. Commissioner Cardamone stated that 100-foot minimum setback applies to the distance between the SFC building and west and south to US 41; and quoted the minutes of the April 17, 2000, Regular Commission meeting as follows: BOOK 48 Page 20170 10/16/00 6:00 P.M. BOOK 48 Page 20171 10/16/00 6:00 P.M. Attorney Cook stated that modifications were made to the initial expansion plans to allow a 100-foot greenspace buffer along Washington Boulevard and US 41. City Attorney Taylor stated that SFC site plan distributed at the April 17, 2000, Regular Commission meeting contained a 100-foot greenspace buffer along Washington Boulevard and US 41; that the Commission acknowledged the 100-foot buffer and SFC's intent to preserve existing trees on the leasehold; that the subsequent SFC site plan submitted to the City does not contain the 100-foot minimum setback; that the Commission expected the City Attorney's Office to include the 100-foot minimum setback in the amendment to SFC lease agreement and possesses the authority to require the 100-foot minimum setback. Mayor Pillot stated that SFC proffered the 100-foot minimum setback at the April 17, 2000, Regular Commission meeting; however, the circumstances affecting development of the leasehold may have changed in the previous six months; and asked if the Commission can approve the amendment to the SFC lease agreement if the setback is less than 100 feet? City Attorney Taylor stated yes. Commissioner Cardamone asked the amount of the setbacks to the right-of-way as depicted on the SFC landscape plan? Allen Parsons, Senior Planner II, came before the Commission and stated that the setback from the eastern boundary of the parking lot to US 301 is approximately 75 feet; that the setback from the southern corner of the parking lot to US 41 is approximately 60 feet. Commissioner Cardamone asked if the setback is measured from the right-of-way? Mr. Parsons stated yes; that the current site plan is the fourth site plan offered by SFC; that the first SFC site plan proposed construction of the SFC building approximately 15 feet further to the south and west on the leasehold; that the setback from US 301 to the parking lot was approximately 90 feet in the first SFC site plan; that subsequent SFC site plans relocated the proposed building approximately 15 feet to the north and east to preserve additional existing trees. Commissioner Cardamone asked if Staff requested SFC to relocate the proposed building? Mr. Parsons stated yes. Commissioner Cardamone stated that the change of the proposed location of the building and the subsequent setbacks represents a significant departure from the conceptual plans approved previously by the Commission; that support for SFC expansion was conditioned upon the 100-foot minimum setback; that a significant number of community members do not support the SFC expansion; that SFC expansion will not be supported unless the 100-foot minimum setback is honored. Commissioner Quillin stated that the setbacks as depicted on the landscape plan and the site plan differ; that the landscape plan depicts the distance from the parking to the US 41 right-of-way as 50 feet; that the proposed building is also depicted at different locations on the landscape plan than on the site plan. Mayor Pillot asked if the setback is measured from the building to the right-of-way? Mr. Parsons stated yes. Commissioner Cardamone stated that the length of the setback should be Erom the parking lot to the right-of-way. Mayor Pillot quoted the minutes of the April 17, 2000, Regular Commission meeting as follows: Attorney Cook stated that modifications were made to the initial expansion plans including scaling the size and relocating the building to the west to allow a 100-foot greenspace buffer along Washington Boulevard and US 41. Commissioner Cardamone asked if the parking lot should be considered part of the 100-foot greenspace buffer? Mayor Pillot stated that a parking lot could be landscaped appropriately; however, a parking lot cannot be considered as greenspace. Commissioner Cardamone stated that Clarirication of the setbacks should be provided prior to proceeding with further discussion. Mr. Parsons stated that the landscape plan depicts the setback from the eastern boundary of the parking lot to US 301 as 50 feet; that the site plan depicts the setback from the eastern boundary of the parking lot to US 301 as 71 feet. BOOK 48 Page 20172 10/16/00 6:00 P.M. BOOK 48 Page 20173 10/16/00 6:00 P.M. Mayor Pillot asked if the Commission may act on the three items simultaneously? City Attorney Taylor stated yes. Mr. Parson stated that the setback as depicted in the landscape plan is measured from the eastern boundary of the parking lot to the right-of-way; that setback as depicted in the site plan is measured from the eastern boundary of the parking lot to the closest curb of US 301. Commissioner Cardamone asked the length of the setback from the proposed building to US 41? Mr. Parsons stated that the setback from the proposed building to US 41 is approximately 60 feet. City Attorney Taylor stated that approving setbacks is a regulatory function of the Commission and thus a quasi-judicial matter; however, the Commission is not required to set proposed Resolution No. 01R-1315 for public hearing; that a public hearing to consider proposed Resolution No. 01R-1315 was held at the October 4, 2000, Regular Planning Board/Local Planning Agency (PBLP) meeting; that additional public input on proposed Resolution No. 01R-1315 is not required; however, the public input previously received should be used currently in considering the necessity of the 100-foot minimum setback; that current agenda items are not part of a quasi-judicial public hearing; that individuals are not sworn prior to providing public input at this time. Commissioner Cardamone asked if the public should speak only to amending the SFC lease and license agreements? City Attorney Taylor stated yes; that persons should particularly address the issue of the 100-foot minimum setback. Rick Liberi, 1255 46th Street (34234), came before the Commission and stated that the circumstances of the leasehold during the previous six months are unchanged; that the 100-foot minimum setback was accepted as a good faith effort from SFC; that SFC is obtaining a significant portion of property at an insignificant price and proffered the 100-foot minimum setback; that a significant number of community members did not support SFC's expansion initially but acquiesced upon the proffering of the 100-foot minimum setback; that the proposed amendment to the SFC lease agreement stipulates only SFC is required to provide "as much greenspace as possible"; that the meaning of the stipulation is unclear; that SFC should be required to honor the 100-foot minimum setback. Mayor Pillot asked if Staff requested the alterations to the setbacks? City Manager Sollenberger stated yes. Mayor Pillot stated that SFC altered the site plan only at the request of Staff. John Cook, Attorney, representing SFC, 330 South Orange Avenue (34236) and George Palermo, Architect, representing SFC, 1444 First Street (34236), came before the Commission. Attorney Cook stated that the 100-foot minimum setback was discussed and proffered previously; that the setback should be considered as the distance from the boundary of the parking lot to the curb of US 301; that the proffer was oral and not written; that the first SFC site plan provided a 100-foot setback from the parking lot to the nearest curb of US 301; that the setback was reduced to accommodate the preservation of two existing oak trees; that Staff and the Development Review Committee requested the relocation of the proposed building approximately 15. feet to the east and north to accommodate tree preservation; that SFC agreed to the relocation; that the trees could be relocated and the 100-foot minimum setback maintained if required; that the currently proposed setback from the eastern boundary of the parking lot to the curb of US 301 is approximately 90 feet; that the relocation of the proposed building moved the parking lot approximately 15 feet to the east. Mayor Pillot asked if SFC is offering to maintain the 100-foot minimum setback from the eastern boundary of the parking lot to the curb of US 301 provided the existing oak trees in question are relocated? Attorney Cook stated yes. Mr. Palermo concurred and stated that the DRC required SFC to preserve on the leasehold three existing oak trees which had grown in the past six months; that the DRC also required SFC to improve internal pedestrian circulation on the leasehold; that SFC has proffered additional sidewalks to accommodate the DRC's request; that the additional sidewalks Eurther moved the parking lot closer to US 301; that SFC strove to comply with Staff's BOOK 48 Page 20174 10/16/00 6:00 P.M. BOOK 48 Page 20175 10/16/00 6:00 P.M. requests and suggestions; that significant flexibility exists to honor the Commission's request of a 100-foot minimum setback. Mr. Parsons stated that the initial SFC site plan provided for a setback from the eastern boundary parking lot to the curb of US 301 of approximately 90 feet. Mayor Pillot asked if relocation of the existing oak trees is possible and satisfies the concerns of Staff? Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that the Commission requested Staff to preserve as many existing trees on the leasehold as possible; that the existing oak trees are of a significant size; that relocation of the oak trees will be difficult and expensive; that the potential for survival upon relocation is unknown; that professional recommendations should be obtained prior to approval of site plan, which calls for relocating such trees. City Manager Sollenberger stated that Staff and SFC are referencing different oak trees; that the large oak trees located at the eastern boundary of Luke Wood Park should be preserved but are not the trees discussed by the representatives of SFC. Commissioner Cardamone stated that the issue of primary concern is SFC's proffer of the 100-foot minimum setback; that the parking lot should be relocated if tree preservation is also an issue of concern; that the 100-foot minimum setback should not be compromised at the expense of parking spaces; that DRC should have been informed of the Commission's requirement of a 100-foot minimum setback; that SFC should maintain the 100-foot minimum setback; that use of park land should be respected; that failure to accommodate the 100-foot minimum setback and the preservation of existing trees is personally upsetting. Mr. Palermo stated that SFC can accommodate the 100-foot minimum setback and the preservation of existing trees; that significant competing interests regarding SFC expansion on the leasehold exist; that off-street parking is a significant concern; that the existing oak trees can be relocated and are not of significant size; that the parking lot can be relocated; that five or six parking spaces can be removed from the parking lot; that SFC requested a credit for additional parking spaces for the preservation of existing trees; that a significant number of existing trees will be preserved; that 11 additional parking spaces were credited and are in surplus of initial plans. Vice Mayor Hogle stated that the pertinent agenda items should be referred to the Administration for clarification to facilitate SFC's expansion efforts; that the DRC, PBLP and Staff represent the Commission; that communication efforts should be enhanced. Commissioner Quillin stated that revisions to the SFC lease and license agreements should be referred to the City Attorney's Office; that existing oak trees can be relocated; that oak trees larger than the existing oak trees were relocated previously; that the intent of the Commission is to preserve significant park land for public use; that SFC's expansion plans should accommodate the intent of the Commission; that significant compromises occurred; that SFC should meet the 100-foot minimum setback and should be relocated to other property if the 100-foot minimum setback cannot be honored. a Attorney Cook stated that the minimum setback was understood as 100 feet from the curb of US 301 to the proposed building; however, SFC did not proffer a 100-foot minimum setback from the proposed building to US 41. Commissioner Cardamone stated that the City Attorney's Office should review the original and subsequent proffers pertaining to a minimum setback on the leasehold; that a public hearing is not desired; that the expectations of the Commission are known; that Staff, the Administration, the City Attorney's Office and SFC should work together to meet the Commission's expectations without holding a public hearing; that the proffer was personally understood to include the 100-foot minimum setback from the proposed building to US 41. Commissioner Quillin concurred. City Attorney Taylor stated that SFC should submit a new site plan, which should be submitted for DRC review; that the new site plan could be presented to the Commission at the November 6, 2000, Regular Commission meeting. Mayor Pillot stated that submitting the new site plan to the DRC for review will provide further delays; that the Administration, Staff and the City Attorney's Office should work together and provide clarification to proceed with SFC expansion and meet the Commission's expectations; that the City's parks are important; however, the area of the setback between the SFC building and BOOK 48 Page 20176 10/16/00 6:00 P.M. BOOK 48 Page 20177 10/16/00 6:00 P.M. US 301 is not used for recreational purposes; that SFC provides significant services to the community; that a better use of the leasehold does not exist. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to refer the lease and license agreements and proposed Resolution No. 01R-1315 to the Administration and the City Attorney's Office for appropriate action. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Commissioner Cardamone stated that SFC provides significant services to the Community and plays an important role in the City; that the Commission supports SFC. The Commission recessed at 8:12 p.m. and reconvened at 8:25 p.m. Mayor Pillot requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. Mayor Pillot requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that the recommendation is to allow 5 minutes for the Applicant's presentation and 3 minutes for rebuttal; that the City will have 5 minutes for presentation and 3 minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that no one has filed for certification as an Affected Persons for the quasi-judicial public hearing; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. Mayor Pillot stated that other interested persons at the quasi- judicial public hearing will have 5 minutes to speak. City Attorney Taylor stated that is correct. 9. NON QUASI- JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE: : 2000 BUREAU OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT - AUTHORIZED TRANSMITTAL OF THE COMMENTS AND INPUT CONCERNING THE SARASOTA POLICE DEPARTMENT 2000 BUREAU OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION TO THE FEDERAL BUREAU OF JUSTICE ASSISTANCE (AGENDA ITEM IV-A-1) #1 (2830) through #2 (0080) Mayor Pillot stated that the public hearing concerns the 2000 Bureau of Justice Local Law Enforcement Block Grant (LLE Grant) awarded to the Sarasota Police Department (SPD) and is held in accordance to the rules and regulations stipulated by the LLE Grant. Edward Whitehead, Deputy Chief of Police, Sarasota Police Department, came before the Commission and stated that SPD applied to the Bureau of Justice for $190,000 in LLE Grant funds several months ago; that the LLE Grant funds are available for law enforcement equipment, training, and community crime prevention programs, ; that in compliance with special conditions of the Federal Bureau of Justice Assistance (BJA), the public is provided an opportunity to speak regarding the allocation of grant funds to the proposed projects, equipment requests, etc.i that the proposed uses of the LLE Grant funds are as follows: Use Amount Court Watch Program $36,992.00 Drug Free Communities 30,000.00 Equipment for Criminal Investigations Divisions 69,600.71 Equipment for Professional Standards Division 9,626.40 Equipment for Uniformed Services Division 61,086.00 Computer Equipment 3,873.89 Commissioner Quillin stated that funding is requested for 12 laptop computers; that significant funds were spent for a paperless reporting system, which includes the installation of computers in SPD patrol vehicles; and asked the reason for requesting the 12 laptop computers. BOOK 48 Page 20178 10/16/00 6:00 P.M. BOOK 48 Page 20179 10/16/00 6:00 P.M. Deputy Chief Whitehead stated that the laptop computers are for use by patrol sergeants and will enable patrol sergeants to use the electronic mail correspondence (e-mail) system, to access the computer installed in patrol vehicles, known as a Mobile Data Terminal (MDT), and to check and forward reports from any location to SPD stations such as neighborhood substations; that the patrol sergeants will be afforded additional mobility in conducting police duties; that the laptop computers will enable patrol sergeants to work away from SPD patrol vehicles. Commissioner Quillin asked the function of MDTs? Deputy Chief Whitehead stated that MDTs allow police officers to receive and transmit calls to other field units and SPD stations, to report on field duties, and to engage in paperwork while in a SPD patrol vehicle; however, the MDTs, modems and other communication devices are mounted permanently in SPD patrol vehicles and cannot be removed. Commissioner Quillin asked if police officers can access the information available through the MDT through other computers? Deputy Chief Whitehead stated yes; that the laptop computers are requested to provide additional access for patrol sergeants, who are not able to download information from the MDT to peripheral computer devices such as a floppy disk drive. Commissioner Quillin stated that requirement of the laptop computers is unclear; and asked if all information is routed to a mainframe computer? Deputy Chief Whitehead stated yes; that the laptop computers provide access from any location to the SPD mainframe computer, which contains all pertinent information to SPD field operations and duties. Vice Mayor Hogle stated that SPD was experimenting with portable information systems while personally employed, at which time laptop computers were provided to SPD captains; that laptop computers provide access to significant information at a crime scene and any other location through use of a modem and enable SPD officers access to information at any location at any time; that laptop computers were provided to SPD lieutenants in recent years; that the current funding request will provide laptop computers to SPD patrol sergeants; that the laptop computers improve the productivity of SPD; that the funding request is personally supported. Gerard Lacertosa, Lieutenant, SPD, came before the Commission and stated that the City uses Lotus Notes as the Citywide e-mail system; that Visions Records Management Systems, Inc., is the vendor to the City of the MDTs, which provide SPD officers the ability to access driver registrations, criminal information and other pertinent records, and to dispatch with the County-City Consolidated Communications Center (CCC) ; that Lotus Notes is not compatible with the MDT e-mail system; that separate computers are required to provide SPD officers the ability to access e-mail; that the laptop computers enable SPD officers to access Lotus Notes and MDT information. Commissioner Quillin asked if the MDTs have peripheral devices, which permit the downloading of intormation? Lieutenant Lacertosa stated no. Commissioner Quillin asked if the MDTs provide access to the SPD mainframe computer only? Lieutenant Lacertosa stated yes. Commissioner Quillin stated that Lotus Notes is not a preferred e-mail system; and asked if the laptop computers will provide additional communications resources and abilities to patrol sergeants? Lieutenant Lacertosa stated yes Commissioner Cardamone stated that the paperless reporting system required significant expenses and should have been compatible with the City's e-mail system. Lieutenant Lacertosa stated that the MDT system has an e-mail system but is not compatible with Lotus Notes; that the City chose Lotus Notes as the preferred e-mail system. Commissioner Cardamone asked the reason the City adopted non- compatible e-mail and paperless reporting systems? Deputy Chief Whitehead stated that SPD wished to purchase a paperless reporting system which was compatible with Lotus Notes; however, a paperless reporting system compatible with Lotus Notes was not available; that the paperless reporting system purchased by SPD possesses an advanced communications system in addition to an e-mail system; that SPD is able to continue communications with SPD field units in the event of a major catastrophe and the disablement of the CCC. BOOK 48 Page 20180 10/16/00 6:00 P.M. BOOK 48 Page 20181 10/16/00 6:00 P.M. Commissioner Cardamone asked if the laptop computers will possess the same abilities as the MDTs? Lieutenant Lacertosa stated yes. Commissioner Cardamone asked if laptop computers will continue to provide communication functions if the officer's MDT fails? Lieutenant Lacertosa stated yes; that SPD will install the mobile Records Management System (RMS) and the field-reporting system on the laptop computers, which will then possess capabilities identical to each MDT; that the laptop computers may replace the patrol sergeants MDTs, which may be installed in another patrol vehicle as the SPD fleet expands. Commissioner Quillin stated that Lotus Notes requires significant computer resources; that Lotus Notes e-mail files are of significant size. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Manager Sollenberger stated that the Administration recommends authorizing the transmittal of comments and input concerning the SPD LLE Grant application to BJA. On motion of Vice Mayor Hogle and second of Commissioner Quillin, it was moved to authorize transmittal of the comments and input concerning the Sarasota Police Department 2000 Bureau of Justice Local Law Enforcement Block Grant (LLE Grant) Application to the Federal Bureau of Justice Assistance (BJA) . Commissioner Cardamone stated that all City departments should pursue similar grant funds of such significant size. Commissioner Quillin asked if the LLE grant funds should be used for drug-related programs or equipment? Lieutenant Lacertosa stated no. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 10. QUASI-JUDICIAL PUBLIC HEARING RE: : PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4276, PERTAINING TO REZONING APPLICATION NO. 00-RE-15 AND SITE PLAN APPLICATION NO. 00-SP-22 CONCERNING PROPERTY LOCATED AT 1421 SIXTH STREET A/K/A HORNE'S GROCERY; ETC. (TITLE ONLY) (APPLICATION NOS. 00-RE-15 AND 00-SP-22, APPLICANT CHARLES BALL, ESQUIRE, AS AGENT FOR SIXTH STREET ENTERPRISES, INC., AS OWNER) - PASSED ON FIRST READING WITH THE INCLUSION OF PERMITTED USES FOR AN APPAREL/ CLOTHING STORE, CONVENIENCE STORE, DRUG STORE OR PHARMACY, AND VARIETY, SUNDRY, OR CANDY STORE (AGENDA ITEM IV-B-1) #2 (0080) through (1134) Mayor Pillot stated that proposed Ordinance No. 00-4276 pertains to Rezoning Application No. 00-RE-15 and Site Plan Application No. 00-SP-22 concerning property located at 1421 Sixth Street a/k/a Horne's Grocery; that the Applicant is Charles Ball, Esquire, agent for Sixth Street Enterprises, Inc., owner. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone, Mason and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Charles Ball, Attorney, McDaniel and Ball, P.A., Patrick Ball, President, Ball Construction, Inc., and Samuel Holladay, AIA, Seibert Architects, P.A., came before the Commission. Attorney Ball stated that that Rezoning Application No. 00-RE-15 is to rezone + 0.36 acres located at 1421 Sixth Street from the Multi-Family Residential-3 (RMF-3) Zone District to the Commercial, Central Business District (C-CBD) Zone District, subject to proffered restrictions; that any questions pertaining to proposed Ordinance No. 00-4276 will be answered, if desired. Commissioner Quillin stated that the permitted uses incorporated in proposed Ordinance No. 00-4276 have been personally reviewed; that of the permitted uses, boat sales, rental or lease, private clubs, radio and television stations, non-adult video and movie store, and yacht clubs are not personally supported for the area neighborhood due to possible alcohol-related use. BOOK 48 Page 20182 10/16/00 6:00 P.M. BOOK 48 Page 20183 10/16/00 6:00 P.M. Attorney Ball stated that all uses not supported by the Planning Board/Local Planning Agency (PBLP) have been removed. Commissioner Quillin stated that a video or movie store is not supported for the area neighborhood; that a yacht club is not feasible for the Sixth Street area. Attorney Ball asked if the objection to operating a yacht club in the Sixth Street neighborhood is due to possible alcohol use? Commissioner Quillin stated yes. Attorney Ball stated that an alcohol permit would be necessary for distributing alcohol. Commissioner Quillin stated that a personal residence was previously in the Sixth Street area neighborhood; that the preferences of the neighborhood residents are personally known; that the C-CBD Zone District is the most intense use allowed by the City; that in the future, a more intense use may be approved for the area; that future Commissions should be aware of the desired plans for the Sixth Street area neighborhood; that radio and television station towers are not supported and are not appropriate for the Sixth Street neighborhood area which is in the C-CBD Zone District; that video and movie stores, adult or non- adult, are not supported in the Sixth Street area neighborhood especially in close proximity to a public school. Commissioner Cardamone asked for clarification of the removal of drug store or pharmacy as a permitted use for the Sixth Street area neighborhood. Attorney Ball stated that the Traffic Concurrency Analysis was completed; that the traffic impact was determined de minimis; that drug stores or pharmacies are major traffic producers; that including drug stores or pharmacies as permitted uses would necessitate an expensive traffic study. Commissioner Cardamone stated that pharmacies are important to neighborhoods especially in developing walkability; that eliminating drug stores or pharmacies as a permitted use is surprising; that a video or movie store in the Sixth Street area neighborhood can be utilized by many residents; that the completion of the Renaissance of Sarasota project will increase population in the Sixth Street area; that residents should be provided the opportunity to walk to town for a number of services. Commissioner Quillin stated that non-adult movie stores supply movies with adult themes; that the determination of a de minimis traffic impact is due to the subject property's location between a specialty retail center and a single-tenant office building; that certain permitted uses were proffered out due to the possible impact on traffic; that some remaining permitted uses in proposed Ordinance No. 00-4276 can be removed to ensure the area neighborhood does not experience problems. Commissioner Cardamone stated that more trafiic in the Sixth Street area neighborhood is personally desired. Mayor Pillot requested that Staff come forward for the City's presentation. Harvey Hoglund, Senior Planner II, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 00-4276 is consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and future redevelopment plans for the downtown area; that the Applicant intends to construct a building on the vacant northern portion of the property located at 1421 Sixth Street; that the proposed building is intended to house an artist studio with work/live capabilities possible for future tenants which is recommended in the City of Sarasota, Downtown Master Plan 2020: Preliminary Draft (Master Plan Preliminary Draft); that analysis of the City's Comprehensive Plan and Zoning Code (1998) requirements are included in the Agenda backup material and indicate proposed Ordinance No. 00-4276 satisfies consistency with the City's Comprehensive Plan and Zoning Code (1998) standards; that Staff's analysis is used to gage the necessity for a traffic study which eliminates uses for a specific zone district; that Staff's analysis can be used as a device to satisiy neighborhood concerns; that all individuals included in the planning process have different concepts regarding future neighborhood concerns; that the deliberative process for proper exercise has been reviewed by Staff; that certain uses exceed traffic demands and are eliminated; that various uses resulting in neighborhood concerns or desires are appropriately eliminated or included; that theoretically, a drug store or pharmacy would be an asset to the Sixth Street area neighborhood; that current trends in drug store construction result in a box-type building which create traffic concerns; that in the future, Staff intends to BOOK 48 Page 20184 10/16/00 6:00 P.M. BOOK 48 Page 20185 10/16/00 6:00 P.M. develop an approach to the process with a more deliberate explanation for the removal or inclusion of permitted uses for a zone district; that the conditions recommended by the PBLP are set forth in Section 5 of proposed Ordinance No. 00-4276 as follows: (a) Applicants shall file a consolidation plat for approval fand) shall record in the Public Records of Sarasota County an instrument extinguishing the 10-foot private driveway easement located upon the rezoned property (b) The use of the property described in Exhibit "A" shall be limited to (certain) uses which are permitted uses in the Commercial, Central Business District (C-CBD) Zone District under the Zoning Code (1998) Commissioner Quillin stated that the concerns of Sixth Street area residents regarding alcohol use is personally known; and asked if Staff objects to the permitted uses referenced as a personal concern? Mr. Hoglund stated that the overall development of the Sixth Street area is not foreseen; that decisions made regarding land within the City may have future consequences; that the PBLP expressed concern regarding the removal of some usesi that the philosophy to allow a wide range of uses or to limit uses is relative; that market forces or real-world events impact permitted uses; that eliminating uses prevents a potential problem. Commissioner Quillin stated that the City intends a specific type of development for the Sixth Street and Boulevard of the Arts areas; that residents in the Sixth Street area neighborhood have vehemently opposed establishments providing alcohol use; that removing the permitted use of private clubs or boat sales should not be difficult; that the subject property is not large enough to house a boat sales establishment. Mr. Hoglund stated that a yacht club is typically near water; that an anomaly of the Zoning Code (1998) allows for a yacht club in the C-CBD Zone District; that the uses removed were associated with alcohol use such as taverns and package stores. Commissioner Cardamone stated that the size of the subject property eliminates the possibility for a large box-type drug store; that eliminating the opportunity for a family-owned drug store with a soda fountain is unnecessary; that eliminating apparel stores and permitting shoe stores is not consistent; that a variety of retail stores offering a range of products may be required by the area neighborhood; that the de minimis traffic situation is not a concern; that the Sixth Street area requires increased traffic; that business investment in the area has improved; that the business investments by the Applicant have been personally supported; that the C-CBD Zone District will allow for a commercial use; that the size of the subject property is self- limiting; that eliminating a bar or tavern and including the permitted use of a private club is not consistent. Mr. Hoglund stated that commercial-related zone districts allow for many uses; that appropriate uses must be determined for a specific location; that explanations for removing uses should be provided; that neighborhood concerns are a viable reason for removing a permitted use. Commissioner Cardamone stated that neighborhood concerns did not result in the participation of many residents in the public hearing. Mr. Hoglund stated that area residents did not attend the PBLP public hearing or neighborhood meeting; that elected officials have knowledge of the community to anticipate needs. City Attorney Taylor stated that proposed Ordinance No. 00-4276 relates to rezoning and consists of proffers; that the restrictions in proposed Ordinance No. 00-4276 are not mandated; however, the property owner agrees to the restrictions willingly; that all uses in a specific zone district are allowed in a rezoning request; that permitted uses in the C-CBD Zone District can be proffered out; that uses permitted in a specific zone district cannot be removed by a Commission imposed limitation. Mr. Hoglund stated that the Sixth Street area will be dealing with new zoning restrictions within a yeari that in the interim, the PBLP has provided an adequate recommendation regarding the subject property. Commissioner Quillin stated that the C-CBD Zone District is intense and designated for Downtown; that Sixth Street is not Downtown and is not as intensely used; that area residents are pleased with the accomplishments to improve the area; that BOOK 48 Page 20186 10/16/00 6:00 P.M. BOOK 48 Page 20187 10/16/00 6:00 P.M. supportive services are personally supported for the Sixth Street area; that permitted use language can be changed; that area residents have expressed concern regarding construction of antennas in the area; that a tower is not desired for the Sixth Street area; that permitting a television or radio station in the Sixth Street area may result in the construction of a tower; that area residents do not support increased club use. Commissioner Mason stated that the Applicants are commended for supporting the Sixth Street area; that personal family members shopped at Horne's Grocery; that the absence of the area residents at the Commission, PBLP, and neighborhood meetings indicates a lack of opposition to rezoning the subject property; that increased traffic in the Sixth Street area is personally desired; that the recent Closure of US 41 at Sixth Street resulted in business owners welcoming the increased traffic on Sixth Street; that the revitalization of the Rosemary District is exciting; that being born at the corner of Eight Street and Central Avenue and dwelling on Cohen Way is a source of personal pride. Vice Mayor Hogle stated that the Applicants are a benefit to the Rosemary District. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Pillot requested that the Applicant and the City come forward for rebuttal. City Auditor and Clerk Robinson stated neither the Applicant, nor the City has, any rebuttal. Mayor Pillot requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4276 by title only. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to pass proposed Ordinance No. 00-4276 on first reading with the inclusion of the following permitted uses: Apparel/clothing store; Convenience store; Drug store or pharmacy; and Variety, sundry, or candy store. Commissioner Cardamone stated that the uses included in the motion are consistent with new urbanism concepts; that literature suggests the uses would provide businesses within walking distance of area neighborhoods; that the square footage of the subject property will not allow for a large operation. Vice Mayor Hogle stated that the buildings reconstructed in the area by the Applicants have been personally viewed; that the proposed project evokes confidence and should move forward. Commissioner Quillin stated that proposed Ordinance No. 00-4276 is rot supported; that Sixth Street should not be in the C-CBD Zone District; that the Applicants have participated in clean-up projects in the subject area which were personally attended; that the Applicant's efforts in the Sixth Street area are commended; that the C-CBD Zone District is too intense for Sixth Street; that the increase does not comply with traffic in the neighborhood; that the Gillespie Park area should be warned of the C-CBD Zone District infiltrating the area; that requests for rezoning property to the C-CBD Zone District will be made; that Sixth Street will be rezoned through to Washington Boulevard; that area residents should be concerned. Mayor Pillot stated that the uses included in the motion are supported; that the market controls the success of a business; that private pharmacies including Family Pharmacy and Kinnard Pharmacy have been successful over the years; that condominium projects in the area will provide individuals with an income capable of supporting privately owned pharmacies. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 00-4276 on first reading with the inclusion of permitted uses for an apparel/clotning store, convenience store, drug store or pharmacy, and variety, sundry, or candy store. Motion carried (4 to 1): Mason, yesi Pillot, yes; Quillin, no; Cardamone, yes; Hogle, yes. Commissioner Mason left the Chambers at 9:15 p.m. 11. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #2 (1134) through (1618) BOOK 48 Page 20188 10/16/00 6:00 P.M. BOOK 48 Page 20189 10/16/00 6:00 P.M. The following persons came before the Commission: Jill Hoffman-Kowal, 508 South Osprey Avenue (34236), representing Dennis Kowal, read the original proposal for PHOTON II and stated that the City had the foresight to approve the public art project entitled PHOTON II; that the project is noteworthy due to the coexistence with the newly designed Gulfcoast Wonder & Imagination Zone (G.WIZ) and will be located on Boulevard of the Arts overlooking Sarasota Bay; that Dennis Kowal, resident sculptor, has offered to donate PHOTON II and related design and engineering valued at $25,000 to the City; that the City has committed $30,000 to the fabrication and delivery of the PHOTON II sculpture; that private and public donations will finance the foundation and reflecting pool; that serious endorsements and volunteers are helping realize the completion of PHOTON II which is a classical, archetypical, golden rectangle standing 20 feet tall and weighing 15 tons; that PHOTON II will be constructed of 4-inch thick Cor-ten Steel with a triangular base standing over a reflecting pool and light radiating along the edges; that PHOTON II will give the appearance of 30,000 pounds of steel hovering over water; that light and color will filter through pierced metal especially during sunsets; that PHOTON II represents a gift to the home city of the sculptor and his family; that Mr. Kowal and his wife have a long history of donating time, energy, and artwork in support of the Sarasota community; that PHOTON II symbolizes the integration of art, science, and technology with education; that photons are discrete, light particles and waves replacing electrons in computers, satellite communications, information storage, and laser applications and are a symbol of the future; that light allows sight, faith in the future and children, and is affirmation of life; that a completed PHOTON II project represents the community's priorities regarding the quality of society, aesthetics, and education; that the financial value of the PHOTON II project is over $300,000; that the combined completion of the PHOTON II and G.WIZ projects will stabilize the City's emphasis on cultural development and tourism; that the inspiration of PHOTON II was realized in Sarasota; however, the size of the PHOTON II project necessitates construction elsewhere in the State; that PHOTON II will create excitement, prestige, and a sense of community to the City through the millennium. Dennis Kowal, 508 South Osprey Avenue (34236), stated that PHOTON II, a monumental, public, fine art sculpture will be discussed and history reviewed; that PHOTON II was personally offered as a gift to the City on February 26, 1997; that an 8- foot version of PHOTON II made of acrylic and steel was on display at City Hall; that the last photograph of his mother, who directed him to accomplish an important task, was taken in front of the replica at City Hall; that personal life choices and style have been misrepresented by the Sarasota Herald-Tribune's Art Critic; that many critics of the art work are unsupportive; that fine art is symbolic of the human spirit and life affirming; that locations for displaying PHOTON II must offer sunsets capable of silhouetting the sculpture with a view from the water and symbolize the cultural intentions of the area; that PHOTON II has been exhibited in various areas of prominence throughout the City; that John Voight, Actor, returned to California with a prototype of PHOTON II as the Regal Cinema's Lifetime Achievement Award presented at the Sarasota Film Festival; that the Sarasota Season of Sculpture Exhibition, Inc., 2000 Sarasota Season of Sculpture Exhibition will be held at the Sarasota Bayfront and will include a 9-foot version of PHOTON II in 1.75-inch-thick, marine-grade aluminum; that working drawings of PHOTON II have been translated into digital files which control specialized cutting equipment; that all technical work has been refined and paid; that construction on a full-size version is ready to begin; that an aggressive proactive position supporting public art uncompromised by pedestrian, decorative, or process incompetence was personally taken as a member of the City's Public Art Committee; that art partnerships are encouraged; that a survey of downtown businesses and galleries was completed which illustrates the necessity for additional public art; that legal aspects of the relationship between the City and artists were clarified under the 1991 Visual Artists' Rights Act (VARA) i that resident artists living in the area have been recognized and acknowledged for public projects; that the Sarasota Arts Council was personally lobbied to investigate and create an individual visual arts grant program; that positive remarks regarding personal accomplishments were ignored by local art pundits content with repeating the past; that the City is not without exciting moments; that many individuals have written letters of support for PHOTON II; that Donald Blivas, who contributed to the Blivas Science & Technology Center which G.WIZ occupies, indicated 0.5 percent of the G.WIZ art obligation at approximately $8,000 could be applied to the PHOTON II project; that PHOTON II received a Millennium Cultural Recognition Award from the Florida Department of State, Division of Cultural BOOK 48 Page 20190 10/16/00 6:00 P.M. BOOK 48 Page 20191 10/16/00 6:00 P.M. Affairs, on behalf of the citizens of the State during the millennium year 2000; and displayed the Millennium Cultural Recognition Award for the Commission to view; however, the offer to present the City with the gift of PHOTON II is being withdrawn. Mayor Pillot stated that requesting an update regarding PHOTON II from the Administration was intended but torgotten; that contacting Mr. Kowal was delayed due to out-of-town trips; that apologies to Mr. Kowal are in order; that a status report is no longer appropriate as the offer of PHOTON II has been withdrawn. Mr. Kowal stated that the Administration did not return telephone calls; that the City has indicated further etforts to solicit funds for the PHOTON II project should cease and desist; that the current situation regarding the withdrawal of PHOTON II is unpleasant, Mayor Pillot stated that Mr. Kowal should have been personally contacted and updated regarding the efforts to develop a status report; that the discourteousness shown to Mr. Kowal is personally regretted. Commissioner Mason returned to the Chambers at 9:26 p.m. Mr. Kowal asked if the withdrawal of PHOTON II is open for negotiation? Mayor Pillot stated that Mr. Kowal's artwork is personally appreciated; that displaying PHOTON II in the City is personally desired. Mr. Kowal stated that negotiations would be acceptable. 12. UNFINISHED BUSINESS: REPORT RE: OSPREY AVENUE CROSSWALK TASK FORCE RECOMMENDATION FOR SOUTHSIDE VILLAGE (HILLVIEW STREET) DIRECTED ADMINISTRATION TO: (1) IMPLEMENT ITEM NOS. 1, 3, 4, AND 5 OF PHASE I OF THE TASK FORCE'S RECOMKENDATIONS, (2) EVALUATE ITEM NOS. 2 AND 6 OF PHASE I FOR JUSTIFICATION OF PROPER WARRANTS; (3) PURSUE FUNDING ITEM NO. 2 OF PHASE II OF THE TASK FORCE'S RECOMMENDATIONS AND (4) EXPLORE DECORATIVE PAVING FOR THE INTERSECTION OF HILLVIEW STREET AND OSPREY AVENUE (AGENDA ITEM VI-2-A) AND 13. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 01R-1318, APPROPRIATING $80,100 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GAS TAX FUND TO PROVIDE FUNDING FOR THE OSPREY AVENUE CROSSWALKS AT SOUTHSIDE VILLAGE, ETC. ADOPTED (AGENDA ITEM VI-2-B) #2 (1618) through (3822) Samuel Schackow, Co-chairperson, Osprey Avenue Crosswalk Task Force (Task Force), Dennis Daughters, Director of Engineering/City Engineer, and Gibson Mitchell, Director of Finance, came before the Commission. Mr. Daughters referred to an illustration displayed on a poster board indicating the intersection of Osprey Avenue at Hillview Street with roundabout and channelization improvements entitled Roundabout Plan; and stated that at the July 5, 2000, Regular Commission meeting, Staff was directed to create an ad hoc committee to evaluate the safety and functioning of the Osprey Avenue mid-block crosswalk at Southside Village and formulate recommendations; that Staff created the Task Force to implement the Commission's directions; that individuals present at the July 5, 2000, Regular Commission meeting public hearing concerning the Osprey Avenue mid-block crosswalk were invited as members of the Task Force which includes business representatives and neighborhood residents; that the Task Force consisted of 14 individuals; that Staff of the City's Engineering Department, Police Department, and Department of Neighborhood and Development participated in the Task Force; that the Task Force held four meetings and developed recommendations as follows: Phase I 1. Improve existing mid-block crosswalk to Americans with Disabilities Act (ADA) compliance with paver blocks and in-pavement lights completed by developer at no cost to the City. 2. Install "No Turn on Red" sign at west-bound Hillview Street to north-bound Osprey Avenue at a cost of $75 to the City. 3. Continue 15 miles-per-hour speed limit on Osprey Avenue and Hillview Street at no cost to the City. 4. Install two gateway-type medians with intormational and regulatory signage. One north of Arlington Street and one south of Hyde Park Street at a cost of $80,000 to the City. BOOK 48 Page 20192 10/16/00 6:00 P.M. BOOK 48 Page 20193 10/16/00 6:00 P.M. 5. Move "Reduce Speed Ahead" signs further upstream each way on Osprey Avenue at a cost of $100 to the City. 6. Install pedestrian signals at existing mid-block crosswalk and synchronize with traffic signal at Hillview Street at a cost of $50,000 to the City. Phase II 1. Retain all of Phase I 2. Eliminate crosswalk on Osprey Avenue at Hyde Park and strengthen" north-south crosswalk on west side of Osprey Avenue at a cost of $800 to the City. 3. Construct Roundabout Plan at a cost of $500,000 to the City. Mr. Daughters continued that the two phases are separated by time commi tments; that Phase I is a short-term solution; that Phase II is a long-term solution; that the City will finance the implemented recommendations except for Item No. 1 of Phase I, which will be Einanced by the developer. Mayor Pillot asked for clarification of a gateway-type median with signage. Mr. Daughters stated that a gateway-type median with signage is placed in the center of a road set back from an intersection and decorated with landscaping; that existing medians on Orange Avenue represent gateway-type medians with signage; that gateway-type medians with signage are approved as traffic-calming neighborhood and Eunction as a gateway into a neighborhood or shopping area. Mr. Daughters continued that the Roundabout Plan is a concept drawing; that operational and funding analysis is necessary for implementing the Roundabout Plan; that funding for the improvement of the Osprey Avenue crosswalk was sought from the Congestion Management Program of the Sarasota/Bradenton Metropolitan Planning Organization (MPO) and the Florida Department of Transportation (FDOT) Mayor Pillot asked for clarification of strengthening a crosswalk. Mr. Daughters stated that parallel bars and zebra stripping of a crosswalk are covered with thermoplastic; that the Task Force unanimously approved the recommendations for Phases I and II; that the process for final conception of the Roundabout Plan is lengthy and provides opportunity for public input; that the Administration's recommends the Commission direct Staff to: 1. Implement Item Nos. 1, 3, 4, and 5 of Phase I of the Task Force's Recommendations; 2. Evaluate Item Nos. 2 and 6 of Phase I for justification of proper warrants; 3. Pursue funding Item Nos. 2 and 3 of Phase II of the Task Force's recommendations. Mayor Pillot asked for clarification of evaluating Item No. 2 and 6 of Phase I for justification of proper warrants. Mr. Daughters stated that the Manual on Uniform Traffic Control Devices (MUTCD) establishes criteria necessary for the installation of a traffic control device; that installing traffic signage requires an engineering analysis. Mayor Pillot stated that Item No. 2, Phase II, is relatively inexpensive. Mr. Daughters stated that the expense of Phase II is due to the construction of a roundabout; that funding from the MPO is being considered; that representatives from Morton's Plaza have offered funds towards improving the Osprey Avenue and Hillcrest Street intersection; that members of the Task Force are present in the audience to respond to questions, if desired. Commissioner Quillin asked if the Task Force presented the recommendations for the subject intersection to the existing South Sarasota Traffic Study Task Force or Sarasota Memorial Hospital (SMH) . Mr. Daughters stated a presentation was made to the SMH Neighborhood Advisory Committee but not the South Sarasota Traffic Study Task Force. Commissioner Quillin asked the results from the presentation to the SMH Advisory Committee? Mr. Daughters stated that the SMH Advisory Committee did not take action regarding the Task Force recommendations. Mr. Schackow stated that discussion took place regarding neighborhood concerns; that SMH expressed a desire to have been BOOK 48 Page 20194 10/16/00 6:00 P.M. BOOK 48 Page 20195 10/16/00 6:00 P.M. included in the Task Force; that no negative comments were expressed regarding the Task Force recommendations. Commissioner Quillin asked if SMH, the largest employer in the area, was invited to participate in the Task Force? Mr. Daughters stated no. Commissioner Cardamone stated that apologies are in order for neglecting to include SMH in the Task Force; that the concept of creating the Task Force was personally proposed; that previous personal service was on the SMH Neighborhood Advisory Committee; that SMH has expressed regret regarding exclusion from the Task Force. Mr. Daughters stated that the Commission is not to blame; that personal efforts could have been made to include many more groups in the Task Force effort; that the South Sarasota Traffic Study Task Force has expressed regret regarding exclusion from the Task Force; that choosing the participants for the Task Force was specific; that original discussion during the July 5, 2000, Regular Commission meeting public hearing pertained to the Osprey Avenue Crosswalk and representatives from SMH and the South Sarasota Traffic Study Task Force did not attend; that all individuals who attended the public hearing were invited to participate in the Task Force; that all individuals invited to the Task Force meetings did not attend; that a committee consisting of over 14 individuals may have postponed the Task Force recommendations presented. Commissioner Cardamone stated that Mr. Schackow serves as a member of the Task Force, the SMH Neighborhood Advisory Committee, and the South Sarasota Traffic Study Task Force; that some participants represented more than one groupi that the SMH Neighborhood Advisory Committee and the South Sarasota Traific Study Task Force were not entirely excluded; however, the excluded groups should have been formally invited to participate in the Task Force. Mayor Pillot stated that the City must comply with ADA standards; that the 15-mile-per-hour speed limit has been established and unopposed for a considerable length of time; that medians are supported by the public for aesthetic and safety reasons; that moving the placement of signage is for safety purposes; that the SMH Neighborhood Advisory Committee and the South Sarasota Traffic Study Task Force should have been invited to participate in the Task Force; however, the Phase I items requested for approval are not controversial. Mr. Daughters stated that SMH has a valid concern regarding the two proposed medians; that Staff has assured SMH efforts will be taken to reach a compromise; that the northern median may prevent left-turn access out of a SMH driveway; that the median or the driveway can be moved to prevent a traific conflict. Commissioner Quillin stated that the ADA Liaison has been personally contacted; that many concerns have been expressed regarding the subject area; that andicap-acceseible parking is not available on Osprey Avenue; that handicap-accessible parking on side-streets is an adequate attempt; that the ADA Liaison has personally measured the distance from the crosswalk to the intersection; that FDOT does not permit a mid-block crosswalk 143 feet from an intersection; that the Task Force recommendations do not ensure an area safe for pedestrians; that installing "No Turn on' Red" signage is personally preferred; that motorists impede pedestrians utilizing the subject area by turning at a red traffic signal; that signage on St. Armands Circle indicates a fine of $76 for failing to yield to pedestrians; that the fine is supported for the subject area; that ADA guidelines are not met due to the absence of a pedestrian signal at the Osprey Avenue mid-block crosswalk; that a crosswalk could not be installed at the Courthouse on Ringling Boulevard without a pedestrian signal; that traffic is required to stop for pedestrians crossing the street; that a fancy pedestrian signal is not necessary; that the subject area is not safe without pedestrian signalization. Mayor Pillot stated that Engineering Department Staff will assure ADA requirements will be implemented; that installing pedestrian signage is supported; however, Staff has expressed an inability to install the signage until all warrants are legally satisfied. Mr. Daughters stated that is correct. Ernest Babb, 1886 Bahia Vista Street (34239), stated that the Commission provided the charge of the Task Force to the wrong individuals; that the problem with the Osprey Avenue mid-block crosswalk is traffic disruption due to inadequate distance from the signalized intersection of Hillview Street and Osprey Avenue; that Staff objectively reported the mid-block crosswalk impedes orderly traffic flow, creates an unsafe pedestrian environment, and removal is the most safe and cost-effective solution; that the Commission ignores the effect a safe mid-block crosswalk will have on a minor collector roadway; that the subject area is not a neighborhood entrance located on a neighborhood street; that "No BOOK 48 Page 20196 10/16/00 6:00 P.M. BOOK 48 Page 20197 10/16/00 6:00 P.M. Trucks" signs are posted in the area which are unenforceable; that trucks must be able to utilize local streets; that the Task Force correctly concentrated on the Commission's direction to create a safe mid-block crosswalk; that Staff ignored the existing South Sarasota Traffic Study Task Force created to study and recommend safe and orderly traffic movement in the area with the intent of protecting neighborhoods from traffic encroachment while maintaining a smooth and safe flow of traffic; that the Commission has ignored the professional recommendations of Staff and delegated the responsibility for traffic safety to an ad hoc citizen group; that the delegation is not understood; that the development of the subject area is inconsistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), the Zoning Code (1998), and the Sarasota City Code (1986 as amended) i that the mid-block crosswalk is unnecessary; that crosswalks are available at the intersections at the end of the block, which is short; that an unnecessary crosswalk is being suggested for installation in an unsuitable location at an estimated cost of $80,000 which will have future costs involved to mitigate impacts on traffic; that the mid-block crosswalk should be eliminated; that businesses should fund an advantageous solution. Pam Truitt, P.O. Box 701 (34230), representing SMH, stated that SMH was not notified of the Task Force until after the recommendations had been completed; that SMH is insulted due to the exclusion especially after historical efforts to aid the City in planning; that SMH does not feel the exclusion was deliberate; that the initial concern regarding a mid-block crosswalk has migrated into a possible traffic roundabout; that not having knowledge of the proposed roundabout is a concerni that the SMH Neighborhood Advisory Committee has expressed concerns regarding the proposed roundabout; that the "No Right Turn on Red" signs are a concern and understood as a study item; that traffic may backup on Hillview Street as a result of restricting right turns; that SMH has a number of driveways north of Arlington Street with a very narrow right-ot-way; that SMH welcomes suggestions regarding improving the area and access; that the roundabout is an excessive solution for such a small intersection; that another solution can be found to solve the traffic problem with a beautifying effect. Terry Coffrin, 3618 Palonia Court (34239), representing Southside Village and Coffrin Jewelers, stated that the mid-block crosswalk is necessary due to the five intersecting streets at the intersection; that future plans are to eliminate the dangerous crosswalks. Mayor Pillot stated that the intersection is dangerous to pedestrians and vehicles and is not personally utilized. City Manager Sollenberger stated that the Administration recommends: 1. Implementing Item Nos. 1, 3, 4, and 5 of Phase I of the Task Force's Recommendations; 2. Evaluating Item Nos. 2 and 6 of Phase I for justification of proper warrants; 3. Pursuing funding of Item Nos. 2 and 3 of Phase II of the Task Force's recommendations; and 4. Adopting proposed Resolution No. 01R-1318 City Manager Sollenberger stated that approving the Administration's recommendation would necessitate approving proposed Resolution No. 01R-1318 for the appropriation of $80,100 to pay for Phase I, Item No. 4. Commissioner Quillin asked if the funds are from the existing Gas Tax or the Environmental Land Management Study (ELMS) Gas Tax? City Manager Sollenberger stated that the funds are from the existing Gas Tax. Commissioner Quillin asked the balance in the Gas Tax fund? City Manager Sollenberger stated that the figure is not personally known at this time. Mayor Pillot stated that the balance will support $80,100 or the amount would not be requested by Staff in proposed Resolution No. O0R-1318. City Manager Sollenberger stated that the Finance Department has approved the request for funds and initialed proposed Resolution No. O0R-1318. City Auditor and Clerk Robinson read proposed Resolution No. O0R-1318 in its entirety. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to direct the Administration to: BOOK 48 Page 20198 10/16/00 6:00 P.M. BOOK 48 Page 20199 10/16/00 6:00 P.M. 1. Implement Item Nos. 1, 3, 4, and 5 of Phase I of the Task Force's Recommendations; 2. Evaluate Item Nos. 2 and 6 of Phase I for justification of proper warrants; 3. Pursue funding Item No. 2 of Phase II of the Task Force's recommendations; 4. Adopting proposed Resolution No. 01R-1318; and 5. Explore decorative paving for the intersection of Hillview Street and Osprey Avenue (as is visible in the Laurel Park and Gillespie Park neighborhoods). Commissioner Cardamone stated that comments regarding the Commission's interference with traffic flow and pedestrian safety are offensive; that the subject area is personally known; that the area is the location of personal residence; that pedestrian safety is a major issue; that safety would not be a concern if vehicles maintained a speed of 15 miles per hour (mph) or less; that funneling pedestrians into the area is an accomplishment, that Engineering Staff has the expertise and professionalism to analyze traffic and pedestrians; however, the problems in the subject area necessitate maintenance of a mid-block crosswalk; that apologies are offered to the SMH Neighborhood Advisory Committee and the South Sarasota Traffic Study Task Force for exclusion from the Task Force; that a $500,000 roundabout is not supported for the subject area; that roundabouts provide for the constant movement of traffic; that the decorative paving circles similar to those in Laurel Park are supported for the Osprey Avenue/Hillview Street intersection; that constructing additional decorative paving circles around the City is personally supported. Vice Mayor Hogle stated that Osprey Avenue was personally crossed many times before the creation of the mid-block crosswalk; that crossing Osprey Avenue at the intersection of Hyde Park Street is dangerous; that the crosswalk should be removed. Commissioner Quillin stated that the City has invested funds and Staff time to enhance the subject area; that pedestrian safety is related to understanding traffic circulation; that traffic circulation is affected by SMH, area businesses, and the area neighborhood; that minor collector roadways are defined in Section 30-55, Minor Collector Streets Designated, Sarasota City Code (1986 as amended) as follows: shall be used primarily as through streets for the movement of intra-neighborhood traffic. Commissioner Quillin stated that impeding one aspect of a situation will cause a reaction; that increasing a dangerous situation in the area is not personally desired; that 15-mph speed zones should be limited to school districts; that implementing 15- mph speed zones in a commercial area is misleading; that pedestrian zones should be standardized throughout the City; that utilizing the pedestrian $76 fine is a cheap solution; that yielding to pedestrians is the law; that legalizing jay-walking is not supported; that a mid-block crosswalk is extremely dangerous; that attempts to increase safety and pedestrian-friendly enhancements in the subject intersection were not made which is a concern; that the mid-block crosswalk exists for the utilization of Morton's Market and Fred's Restaurant employees; that failure to contact the South Sarasota Traffic Study Task Force members or SMH is disappointing; that the Task Force has not returned recommendations towards increasing safety in the area or satisfying ADA requirements. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1) : Pillot, yes; Quillin, no; Cardamone, yes; Hogle, yesi Mason, yes; Commissioner Cardamone stated that a pedestrian zone with flashing lights indicating a 20-mph speed limit exists on St. Armands Circle; that Osprey Avenue in Gillespie Park has a 15- mph speed limit; that freedom has been taken in determining speeds throughout the City; that the function of the minor collector roadway is not a concern; that crossing the street safely is the concern; that favors are not provided to individual businesses. Commissioner Quillin stated that area residents do not believe the mid-block crosswalk is safe; that standardized pedestrian zones should be created for the City; that motorists will recognize a standardized pedestrian zone; that tavors are not provided to individual businesses on Osprey Avenue. Mayor Pillot asked if the monthly reports from the various groups receiving funding from the City can be placed earlier on the Agenda in a category other than unfinished business? BOOK 48 Page 20200 10/16/00 6:00 P.M. BOOK 48 Page 20201 10/16/00 6:00 P.M. City Auditor and Clerk Robinson stated that Staff can return with a recommendation. Mayor Pillot stated that the monthly reports are brief and extremely useful. 14. UNFINISHED BUSINESS: REPORT RE: MONTHLY REPORT FROM THE GREATER DOWNTOWN SARASOTA ACTION TEAM (GDSAT) REPORT PROVIDED (AGENDA ITEM VI-3) #2 (3822) through (0274) Jennifer Wilson, Executive Director and Neighborhood Coordinator, Greater Downtown Sarasota Action Team (GDSAT), Linda Holland, Board Member, GDSAT, and Tina Riggle, Board Member, GDSAT, came before the Commission. Ms. Wilson stated that the Morquecho family was present in the audience but left due to the length of the meeting; that the Morquecho family bought a duplex through the GDSAT Housing Program. Ms. Holland stated that the Morquecho family rented property personally owned in the early 1990s; that the family later rented from the Community Housing Corporation of Sarasota; that the family has lived in the area neighborhood for ten years and are now homeowners; that the family is extremely pleased and excited about owning a four-bedroom, Ewo-bathroom home; that the family was without gas for a few days upon inhabiting the duplex which is regretful; that members of GDSAT helped the family install a picket fence around the house; that many individuals provided labor to the community effort; that the effort is extremèly rewarding. Ms. Riggle stated that the Governor's Task Force for Self- inflicted Violence (Task Force) met with GDSAT regarding the Sarasota Court Watch on October 16, 2000; that GDSAT worked diligently and was selected as one of four cities visited by the Task Force; that John McKay, State Senator, District 26, opened the Sarasota Court Watch Program; that the GDSAT and the Task Force focused on implementing new laws regarding prostitution and drug dealers; that the Task Force is impressed with and intends Statewide implementation of the Court Watch Program; that the Court Watch Program has worked with five cities; that representatives from Gainesville and Fort Pierce, Florida, will be meeting with GDSAT; that GDSAT recently met with representatives from Orlando, Florida; that the Task Force provided immense support to GDSAT. Commissioner Mason stated that Ms. Riggle is corresponding with Carolyn Brown, Operation Coordinator, Weed and Seed Program of Drug Free Communities, City of Charleston, South Carolina, and is expected to present at an upcoming Weed and Seed conference in April 2001. Ms. Little stated that the Court Watch Program is extremely effective; that Tacoma, Washington, is forming a Court Watch Program. Mayor Pillot stated that the greatest compliment to the Court Watch Program is prosecuted individuals dislike the program. 15. UNFINISHED BUSINESS: REPORT RE: : MONTHLY REPORT FROM THE GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORPORATION (GNCRC) REPORT PROVIDED (AGENDA ITEM VI-4) #3 (0274) through (0430) Reverend William * Gaylord, Executive Director, Greater Newtown Community Redevelopment Corporation (GNCRC) Advisory Board, and Jetson Grimes, President, GNCRC, came before the Commission. Reverend Gaylord stated that GNCRC has consistently submitted progress reports to the Commission each month; that GNCRC is pleased to present the Greater Newtown Affordable Housing Program. pamphlet included in the Agenda backup material; that the pamphlet outlines the GNCRC Affordable Housing program; that eight applicants are qualified for affordable housing; that the three houses built with State Housing Initiatives Partnership (SHIP) funds are under contract; that four individuals have qualified for approximately $62,500 each, two individuals have qualified for approximately $56,000, one individual has qualified for over $50,000, and one individual has qualified for under $50,000 and is taking steps to improve credit; that the ability to process credit reports is incorporated into the Affordable Housing program; that concerning affordable housing, design is everything; that partnerships with the Ringling School of Art and Design and area architects have produced a house design applicants find extremely appealing; that affordable housing incorporates areas of aesthetics, price, and materials to create an affordable structure; that Staff was instrumental in aiding GNCRC with obtaining affordable housing information; that GNCRC staff attended the 2000 Florida Redevelopment Association (FRA)/Florida Main Street Joint Annual Conference BOOK 48 Page 20202 10/16/00 6:00 P.M. BOOK 48 Page 20203 10/16/00 6:00 P.M. (Conference). ; that GNCRC intends to aid the City in affordable housing development and relieve areas of blight. Mr. Grimes stated that helping individuals to discover the opportunity to own a home is extremely rewarding. 16. UNFINISHED BUSINESS: REPORT RE: : MONTHLY REPORT FROM THE FLORIDA HOUSE INSTITUTE (FHI) REPORT PROVIDED (AGENDA ITEM VI-5) #3 (0430) through (0551) Mike Sosadeeter, Project Manager, FHI, came before the Commission and stated that the environmental engineering firm Professional Service Industries, Inc. (PSI), has been hired to produce the Contamination Assessment Plan (CAP) which will outline testing procedures; that a final review of the CAP Final Draft is complete; that Staff reviewed the CAP Final Draft; that comments regarding the CAP will be forwarded to PSI for revision; that the finalized CAP will be transmitted to the Florida Department of Environmental Protection (FDEP) i that FDEP should approve the CAP within 30 days of receipt; that FDEP discussed the methodology PSI utilized in the CAP; that the Brownfield/Urbaculture Community Outreach Program is attempting to inform the community regarding the project and process; that a search for additional funding is underway; that Environmental Protection Agency (EPA) funds are expected to run out at the end of September 2001; that reaching project development and remediation of the brownfield site is desired; that a request was submitted for Federal funding of $500,000 for the fiscal year 2001/02 to complete capital improvements. Commissioner Quillin asked if all testing will be completed by September 2001? Mr. Sosadeeter stated yes; that the CAP is followed by the completion of the Quality Assurance Project Plan (QAPP) testing and a mitigation plan; that the mitigation plan will detail the necessary measures for utilizing the site; that plans for working on-site should begin in 2002. 17. UNFINISHED BUSINESS: REPORT RE: : MONTHLY REPORT FROM THE HISPANIC AMERICAN ALLIANCE FOR FAMILY AND PROGRESS (HAA) - REPORT PROVIDED (AGENDA ITEM VI-6) #3 (0551) through (0648) Yolanda Beltran-Halstead, Director, HAA, came before the Commission and stated that the monthly report indicating the number of clients served per day is included in the Agenda backup material; that October is Hispanic Heritage Month; that Pedro Rossello, Governor, Puerto Rico, will be speaking at the 2000 Hispanic American Alliance Annual Hispanic "Celebration" dinner; and distributed invitations to the Commission for the dinner and conference. Ms. Beltran-Halstead stated that the 2000 Conference will be held at New College of the University of South Florida; that the School Board of Manatee County issued a proclamation to the HAA celebrating Hispanic Heritage Month; that the Commission is invited to attend the celebration dinner in October 2000. 18. REPORT RE: MONTHLY REPORT FROM THE SARASOTA DOWNTOWN ASSOCIATION - REPORT PROVIDED (AGENDA ITEM VI-7) #3 (0648) through (1248) Paul Thorpe, Executive Director, Sarasota Downtown Association, Inc. (Downtown Association), came before the Commission and stated that the Monthly Activity Report regarding City Grant and Funding Assistance is included in the Agenda backup material; that the web site for the Downtown Association is currently in development; that a new tenant dealing in office supplies has been acquired for the 1500 block on Main Street; and distributed copies of a flyer indicating the Downtown Sarasota New Year's Eve Celebration will be held on December 31, 2000. Mr. Thorpe continued that the participants from the 1999 New Year's Eve Celebration have agreed to participate in the 2000 New Year's Eve Celebration; that a laser light show will be offered; that the new Sarasota Magazine advertising edition is included in the Agenda backup material; that the attendance of numerous individuals at the 2000 Florida Redevelopment Association (FRA) /Florida Main Street Joint Annual Conference (Conference) is appreciated; that Conference pre-registration of 225 individuals is the highest participation rate to date; that two tours will be offered throughout the City; and distributed a map of the Downtown business district tour route. Mr. Thorpe Eurther stated that the tour will highlight redevelopment efforts in the City; that the City is hosting a party for the Conference at Ca'd'Zan (former home of and current museum to John and Mable Ringling) i that the Ringling Museum will have all galleries open; that entertainment will also be provided during the Conference at the Marie Selby Botanical BOOK 48 Page 20204 10/16/00 6:00 P.M. BOOK 48 Page 20205 10/16/00 6:00 P.M. Gardens; that the Conference participants are greatly anticipated and welcomed. Mayor Pillot asked the location of the laser light show on December 31, 2000? Mr. Thorpe stated that the Wynnton Group, Inc. (Wynnton Group), was approached to utilize the corner property of Main Street and Central Avenue for placement of a Christmas Tree, artwork, laser light show, and entertainment; that the City's assistance in persuading the Wynnton Group would be appreciated. Commissioner Cardamone stated that a letter from the Mayor on behalf of the Commission may be helpful towards the request. Mayor Pillot stated that transmitting a letter on behalf of the Commission is supported; that Mr. Thorpe should contact Staff regarding content. Mr. Thorpe stated that the corner does not have immediate development plans. Mayor Pillot asked the City's liability in a public celebration such as the December 31, 2000, New Year's Eve Celebration? City Attorney Taylor stated that a disclaimer from coverage should be formulated by the event promoter. Mr. Thorpe stated that the Downtown Association will offer liability insurance necessary for the event. Mr. Thorpe continued that the City has a major problem regarding car towing in the downtown area; that clientele of newly opened restaurants are leaving establishments to find personal vehicles were towed; that retrieving a towed vehicle costs approximately $154 in cash; that many individuals do not carry $154 in cash; that the Downtown Association intends to develop a committee to focus on the towing problem in the Downtown; that area business should be contacted to formulate a solution to the towing problem; that many parking spaces exist in the Downtown; however, the spaces are not always open for use. Mayor Pillot stated that telephone calls have been received from constituents concerned by the towing problem; that the Administration may be able to reach an agreement with owners of the vacant parking area. City Manager Sollenberger stated that valet parking is planned for Links Avenue; that Staff has been consulted regarding regulating the fees imposed by towing companies within the City; that the City Attorney's Office intends to offer a proposed ordinance regulating towing fees; that towing fees should be listed on signs indicating tow zones; that signage currently indicates a towing fee is a certain amount; however, tow truck drivers charge an increased fee; that a community forum developed to work with parking lot owners should implemented; that private property owners and patrons do not benefit from the current parking situation; that the City Attorney's Office is drafting a proposed ordinance regarding towing fines. Mayor Pillot stated that avoiding the necessity for towing is desired over implementing regulations regarding tow fees; that property owners have the right to permit or decline parking; that property owners should be contacted regarding increasing parking areas. Commissioner Cardamone stated that businesses should be good business citizens which includes cooperating with the needs of other businesses operating at various times; that a chain is placed at the entrance of one parking lot to prevent the litter which accumulates overnight from motorists; that individuals are disrespectful of private property; that requesting the public avoid littering may help to increase available parking lots; that parking lot owners have been consulted regarding opening lots to motorists at night and on the weekends. Mayor Pillot stated that a vacant lot downtown is not used by a business and could be converted into available parking; that the City may be able to negotiate with the owner of the vacant property; that asking for possible solutions is not harmful. Mr. Thorpe stated that the City has plenty of parking areas; however, the property owners do not make the space available to motorists. Mayor Pillot stated that individuals parking on private property are trespassing and will be towed which is regrettable. Mr. Thorpe stated that an individual may agree towing is justified if a vehicle is trespassing on private property; however, the individual may choose to spend time in areas other than Downtown BOOK 48 Page 20206 10/16/00 6:00 P.M. BOOK 48 Page 20207 10/16/00 6:00 P.M. which is harmful to businesses; that the towing problem causes poor public relations for the entire community. 19. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - CODE ENFORCEMENT WILL PLACE A FOCUS ON HOUSE NUMBERING (AGENDA ITEM X) #3 (1248) through (1521) COMMISSIONER MASON: : A. stated that the dedication of the Leonard Reid House was personally attended and a wonderful experience; that Mr. Reid's daughter was present during the dedication and remembered the house. Mayor Pillot asked if the Leonard Reid House is decorated similarly to the original decoration? Commissioner Mason stated yes. COMMISSIONER QUILLIN: A. stated that a constituent has provided pictures of "Restricted Parking" signs located throughout the City; that "Restricted Parking" signs are being installed throughout the City at an alarming rate; that an individual with an account at a local bank had a vehicle towed; that the bank was notified of business conducted and returned the individual's towing fee; that individuals are required to pay towing fees in cash; that visitors should not remember the City for towing problems; that patrons of a parking space often litter and property owners are required to clean up' the mess; and referred to pictures of "Restricted Parking" signs indicating towing fines for parking in a restricted area. Commissioner Cardamone stated that businesses in all areas of the City cooperate with other business's activities which is a good example; that the bank customer is commended for calling the bank regarding the inappropriate vehicle towing; that the bank should be more cooperative towards the neighboring restaurants operating at night. Mayor Pillot stated that a proposed regulation is being developed by the Administration. Commissioner Quillin stated that property owners can avoid the hassle of towing by blocking the entrance to restricted parking areas; that a bank probably would not block the entrance due to the desire to have individuals utilize an Automated Teller Machine (ATM) i that shopping centers are restricting parking at night due to abuse from various individuals. Commissioner Cardamone stated that the problem should be addressed; that all citizens should not be punished for the transgressions of a few individuals. Commissioner Quillin stated that utilizing a towing company is a cheap solution. B. stated that a campaign for house numbering is necessary; that many houses in the City are without adequate house numbering. Commissioner Cardamone stated that house numbering is important for the Fire Department. Commissioner Mason stated that the Code Entorcement Division enforces house numbering. City Manager Sollenberger stated that the Code Enforcement Division will be asked to focus on the house numbering problem. Commissioner Quillin stated that a reminder regarding house numbering can be included in Citywide mailings; that house numbers should be included on either the house or a mailbox to help identify a residence; that a gentile reminder is necessary. BOOK 48 Page 20208 10/16/00 6:00 P.M. BOOK 48 Page 20209 10/16/00 6:00 P.M. 20. ADJOURN (AGENDA ITEM XII) #3 (1521) There being no further business, Mayor Pillot adjourned the Regular meeting of October 16, 2000, at 10:53 p.m. 26 GENE M. PILLOT, MAYOR ATTEST: - 6 < C E a a 4 & 1 BILLY ECFOBINSON, CITY AUDITOR AND CLERK : 9 0