MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 6, 2000, AT 6:00 P.M. PRESENT: Mayor Mollie C. Cardamone, Vice Mayor Gene M. Pillot, Commissioners Albert F. Hogle, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: : None PRESIDING: Mayor Cardamone The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR FEBRUARY 2000, KATHLYN M. VIEIRA, SENIOR HUMAN RESOURCES SPECIALIST, HUMAN RESOURCES DEPARTMENT #1 (0020) through (0195) City Manager Sollenberger requested that Kathlyn Vieira, Senior Human Resources Specialist, Department of Human Resources, V. Peter Schneider, Deputy City Manager and Acting Director of Human Resources, and William Campbell, Manager of Compensation, Benefits and Labor Relations, come before the Commission and stated that Ms. Vieira has been instrumental in employee events, including preparing the menu, doing the majority of the shopping, and leading a small group of employees who helped cook 20 turkeys for the 1999 Holiday dinner; that her efforts helped make the holiday social a success. Mr. Campbell stated that Ms. Vieira has been helpful during the past year working with the new Cyborg automated human resources/Payroll system, providing comments and suggestions to better serve City employees, assisting in improving the Cyborg system and providing training for individual departments; that Ms. Vieira maintains employees' vacation time, sick leave, run/walk/swim, and bonus time; that she schedules numerous meetings for the Department labor negotiations, salary surveys, and employee reclassification requests, and is also responsible for transcribing and recording minutes of all labor negotiations; that Ms. Vieira has been a City employee for three years in the Human Resources Department, and furthers the City's BOOK 47 Page 19200 03/06/00 6:00 P.M. BOOK 47 Page 19201 03/06/00 6:00 P.M. goal of financially responsible City government by simplifying the Cyborg system, insuring the accuracy of payroll input, and assisting employees with tasks performed in the system; that Ms. Vieira has done an outstanding job for the City. Mr. Schneider stated that the Cyborg system has been difficult for some employees to understand; that Ms. Vieira understands the system and has been willing and gracious to share her knowledge with employees of other departments. Mayor Cardamone stated that the employee holiday luncheon was wonderful and enjoyed by all who attended; presented Ms. Vieira with a City-logo watch, a plaque, and a certificate as the February 2000 Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. 2. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0195) through (0230) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add Unfinished Business, Item No. VI-3, Discussion Re: the Wynnton Group proposal to the Community Redevelopment Agency (CRA) concerning the use of the Lemon Avenue parking lot. B. Add New Business, item No. VII-4, Approval Re: Funding and the fee of $50,000 for Marlowe and Company to develop a grant proposal for Federal funds to redevelop the area north of Tenth Street. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 3. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 22, 2000 - APPROVED (AGENDA ITEM I-1) #1 (0195) through (0230) Mayor Cardamone asked if the Commission had any changes to the minutes? Mayor Cardamone stated that hearing no changes, the minutes of the February 22, 2000, Regular Commission meeting are approved by unanimous consent. 4. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, AND 5 APPROVED (AGENDA ITEM III-A) #1 (0230) through (0245) 1. Approval Re: Set for public hearing proposed Ordinance No. 00-4210, amending the Sarasota City Code, Chapter 38, Zoning, Section 38-1, so as to incorporate by reference the current version of the Zoning Code (1998), as amended, as part of the Sarasota City Code; etc. 2. Approval Re: Settlement of a claim for the Personal Representative of the Estate of James L. Meacham in the amount of $40,000 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Interlocal Agreement between the City of Sarasota and Sarasota County for a reclaimed water interconnect 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Cooperative Funding Agreement between the City of Sarasota and the Southwest Florida Water Management District for the Reclaimed Water Aquifer Storage and Recovery Project (K250) 5. Approval Re: Increase the State Housing Initiative Partnership (SHIP) budget: Special Needs Housing Funding by $300,000; Housing Partnership Program by $284,623, and designation of any additional SHIP funds allocated by the Florida Housing Finance Corporation be used to implement the Housing Partnership Program On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 5, inclusive. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 5. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1256) - ADOPTED; ITEM 2 (ORDINANCE NO. 99-4152) ADOPTED; ITEM 3 (ORDINANCE NO. 00-4189) ADOPTED; ITEM 4 (ORDINANCE NO. . 00-4190) - ADOPTED; ITEM 5 (ORDINANCE NO. 00-4199) ADOPTED; AND ITEM 6 (ORDINANCE NO. 00-4203) ADOPTED (AGENDA ITEM III-B) #1 (0245) through (0460) BOOK 47 Page 19202 03/06/00 6:00 P.M. BOOK 47 Page 19203 03/06/00 6:00 P.M. Commissioner Quillin requested that Item Nos. 3 and 4 be removed for discussion. 1. Adoption Re: Proposed Resolution No. O0R-1256 authorizing the execution of an amendment to a contract for drainage and minor roadway improvements with the Florida Department of Transportation on State Road 758 from Hanson Bayou to the Siesta Key bridge (Title Only) 2. Adoption Re: Proposed Ordinance No. 99-4152 amending Chapter 30, Article V, Division 3, of the Code of the City of Sarasota to allow the placement of modular newsracks on public land; providing a definition for "modular newsracks;" providing regulations applicable to the placement and maintenance of modular newsracks (Title Only) 5. Adoption Re: Proposed Ordinance No. 00-4199 amending Ordinance No. 99-4166 to reflect the approval and substitution of the revised site plan submitted with Application No. 00-SP-10 for the previously approved site plan submitted with Application No. 99-SP-Q; said site plans pertaining to the expansion and renovation of the Radisson Lido Resort at 700 Benjamin Franklin Drive (Title Only) 6. Adoption Re: Proposed Ordinance No. 00-4203 to rezone + .41 acres from the Office, Professional and Business (OPB) Zone District to the Commercial, Central Business District (C-CBD) Zone District to allow an office building on a parcel of property generally located at the southeast corner of Ringling Boulevard and south Osprey Avenue, a/k/a 209 South Osprey Avenue and 1820 Ringling Boulevard, as more particularly described herein; approving Site Plan Application No. 00-SP-05 which has been proffered as a condition of this rezoning; providing for conditions of this rezoning (Title Only) City Auditor and Clerk Robinson read proposed Resolution No. O0R-1256 and Ordinance Nos. 00-4152, 00-4199, and 00-4203 by title only. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve Consent Agenda No. 2, Items 1, 2,5, and 6. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. 3. Adoption Re: Proposed Ordinance No. 00-4189 amending Chapter 11, Buildings and Building Regulations, Article II, Building Codes, Section 11-2, Adoption of Codes and Local Amendments Subsection (C) regarding the Standard Unsafe Building Abatement Code, 1985 Edition, and the City of Sarasota Local Amendments thereto, to provide for additional City of Sarasota Local amendments to the Standard Unsafe Building Abatement Code, 1985 Edition by amending Section 701.1 thereof to provide that abatement of nuisance liens shall constitute liens against any real or personal property owned by the violator; by amending Section 701.2 to provide that abatement of nuisance liens shall be superior to all other liens, except a lien for taxes; and by amending Section 701.4 to provide that abatement of nuisance liens shall bear interest at the rate of 12 percent per annum from the date of its filing (Title Only) 4. Adoption Re: Proposed Ordinance No. 00-4190 amending Chapter 16, Recycling and Solid Waste, Article III, accumulations of junk, trash, rubbish, weeds and vegetation, Section 16-53, procedure for City to remove accumulation of junk, rubbish, trash, or inoperable or unlicensed motor vehicles or to clear away overgrowth, vegetation, etc., by providing that the abatement of nuisance liens shall constitute liens against any real or personal property owned by the violator and shall bear interest at the rate of 12 percent per annum from the date of its filing; amending Section 16-54, priority of liens by providing that abatement of nuisance liens shall be superior to all other liens, except a lien for taxes (Title Only) Commissioner Quillin referred to a February 23, 2000, memorandum from the City Attorney to the Commission indicating the allowable interest rate is 18 percent; and stated that proposed Ordinance Nos. 00-4189 and 00-4190 could be readvertised with the allowable 18 percent interest rate rather than the 12 percent proposed. BOOK 47 Page 19204 03/06/00 6:00 P.M. BOOK 47 Page 19205 03/06/00 6:00 P.M. City Attorney Taylor stated that the proposed ordinances could be adopted as written if desired; that ordinances changing the interest rate to 18 percent could be presented at the March 20, 2000, Regular Commission meeting. Timothy Litchet, Director, Building, Zoning and Code Enforcement, came before the Commission and stated that Staff prefers adoption of the proposed ordinances as written; that a request has been made to prepare ordinances to change the interest rate to 18 percent for nuisance abatement, substandard structures, and code enforcement liens; that ordinances concerning the interest rate will be presented as soon as possible; that adopting proposed Ordinance Nos. 00-4189 and 00-4190 while preparing additional ordinances would be expedient. Commissioner Quillin stated that the language "highest allowable by Florida Statute" could be incorporated in the additional ordinances; therefore, changes would not be required if the allowable interest rate changes. City Auditor and Clerk Robinson read proposed Ordinance Nos. 00-4189 and 00-4190 by title only. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Consent Agenda No. 2, Items 3 and 4. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 6. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NUMBER 00-4202, AMENDING THE ZONING CODE (1998) TO ESTABLISH A NEW ZONE DISTRICT KNOWN AS THE SARASOTA MEMORIAL HOSPITAL ZONE DISTRICT AND SETTING FORTH PERMITTED USES AND DEVELOPMENT STANDARDS THE NEW ZONE; ETC. (TITLE ONLY) (APPLICATION NUMBER 99-ZTA-12, APPLICANT CITY OF SARASOTA) = PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #1 (0460) through (0956) Mayor Cardamone stated that Zoning Text Amendment Application No. 00-ZTA-12 as incorporated in proposed Ordinance No. 00-4202 is to amend the Zoning Code (1998) to establish a new Sarasota Memorial Hospital (SMH) Zone District. Mark Hess, Chief Planner, Planning and Development Department, came before the Commission and stated that Application No. 00-ZTA-12 is to amend the Zoning Code (1998) to add text to establish an SMH Zone District; that the change is not to rezone property but rather to establish the text in the Zoning Code (1998); that several years ago, a requirement for a etropolitan/Pegional Land Use Classification for the SMH vicinity was identified as part of the development of the Future Land Use Plan; and referred to the Future Land Use Map on a display board indicating area encompassed in the etropolitan/Regional Land Use Classification which includes SMH and associated facilities. Mr. Hess continued that many SMH-owned properties became noncontorming with respect to heights, setbacks, etc., or development standards upon adoption of the Zoning Code (1998); that the anticipation was Staff would work with SMH to eliminate non-conforming situations; that Staff worked with SMH Staff and the SMH Neighborhood Advisory Committee to develop zoning code provisions; that at its November 17, 1999, meeting continued to January 5, 2000, the Planning Board/Local Planning Agency (PBLP) conducted public hearings and voted unanimously to find Application No. 00-ZTA-12 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and the standards for review set forth in Section IV-1206, Zoning Code (1998), and to recommend Commission approval. Mayor Cardamone opened the public hearing. The following people came before the Commission: BOOK 47 Page 19206 03/06/00 6:00 P.M. BOOK 47 Page 19207 03/06/00 6:00 P.M. Charles D. Bailey, law firm of Williams, Parker, Harrison, Dietz & Getzen, 200 South Orange Avenue (34236) Martin Moss, SMH Board member and member of the Mission Planning Committee, 1535 Harbor Place (34239) Dan McDaniel, SMH Director of Architecture, 1700 South Tamiami Trail (34239) and Pam Truitt, SMH Campus Planning Consultant, P.O. Box 701 (34230). Attorney Bailey stated that Mary Kumpe who has served as a consultant to -SMH on neighborhood issues is in the audience; that in 1998 the City was engaged in updating land use regulations; that several revisions were being considered at the time were somewhat murky in terms of the impact on SMH and associated various uses; that as a result, the Commission determined creating a district for SMH to address the various facilities as well as make provision for future changes to the SMH campus plan would be desirable; that the process involved input from Staff, which has done an excellent job in developing the proposed ordinance; that the SMH Board has been apprised of the progress in developing the proposed ordinance; that the SMH Neighborhood Advisory Committee has been involved in the process; that among the issues are the allowable uses for the SMH campus, not only traditional hospital uses but also some possible non-traditional uses such as the potential to have some hotel-style rooms for occupancy by patients' families; that the regulations address setbacks and height restrictions, articulations of horizontal surfaces, etc.; that the proposed ordinance is confined to the area designated as the Metropolitan/Regional Future Land Use Classification; that property eligible for rezoning must meet the criteria incorporated in the SMH Zone District and also be owned by the SMH Board; that the proposed ordinance is the first step; that approval of the proposed ordinance is desired; that the SMH Board must seek rezoning of specific parcels to the SMH Zone District; that approvals will be sought in the future; that the proposed ordinance sets parameters for uses, setbacks, height restrictions, etc. Gary Dickinson, SMH Neighborhood Advisory Committee, 1765 Cunliff Lane (34237), stated that the SMH Neighborhood Advisory Committee unanimously supports the SMH Zone District as incorporated in the proposed ordinance. There was no else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson entered the following documents into the record: Minutes and Agenda materials of the June 24, 1999, November 17, 1999, and the January 5, 2000, Planning Board/Local Planning Agency (PBLP) meetings regarding Zoning Text Amendment Application No. 99-ZTA-12 December 21, 1999, Memorandum from Mark Hess, Chief Planner, Planning and Development Department, to PBLP Chairman Robert Kantor and PBLP members regarding a revised Comprehensive Plan Consistency Analysis of Application No. 99-ZTA-12 City Auditor and Clerk Robinson read proposed Ordinance No. 00-4202 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4202 on first reading. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4202 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes; Hogle yes. 7. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4211, AMENDING THE FIREFIGHTERS PENSION PLAN TO BRING THE PLAN IN COMPLIANCE WITH CHAPTER 112, FLORIDA STATUTES; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #1 (0960) through (1074) Mayor Cardamone stated that proposed Ordinance No. 00-4211 is to amend the Firefighters' Pension Plan for compliance with Chapter 112, Florida Statutes. City Auditor and Clerk Robinson, secretary/Treasurer of the Firefighters' Pension Board, stated that proposed Ordinance No. 00-4211 is to amend Chapter 24, Article II, Division 2 of the Sarasota City Code (1986 as amended) by bringing the Firefighters' Pension Fund and Plan into compliance with a 1999 State law as follows: BOOK 47 Page 19208 03/06/00 6:00 P.M. BOOK 47 Page 19209 03/06/00 6:00 P.M. Provides three trustees shall constitute a quorum of the Board Allows the Fire Chief to opt out of the Plan Adds age 55 with 10 years of credited service to the normal retirement eligibility Provides provisions for contributions for buying back military service Adds joint and survivor optional payment forms of 66 2/3 percent or 50 percent of the monthly amount Deletes the discontinuance of survivor pension upon remarriage of the spouse City Auditor and Clerk Robinson stated that the actuary has reviewed the proposed ordinance and determined the costs are de minimis. Mayor Cardamone opened public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4211 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4211 on first reading. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4211 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): : Pillot, yesi Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. 8. CITIZENS' INPUT CONCERNING CITY TOPICS #1 (1079) through (1286) Thomas Peter, Facilities Manager and Director, Marie Selby Botanical Gardens, 3347 Old Oak Drive (34239), stated that including Marie Selby Botanical Gardens (Selby Gardens) in the update of Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan) is important and emphasized; that Selby Gardens contributes to the City by: Receiving over 100,000 visitors annually from all over the world; Conducting international conferences on epiphytic research; Providing a platform for world canopy conservation; Assisting in building and maintaining research areas around the world such as Peru, Belize, Costa Rica, etc.; Providing the largest green space in the City. Mr. Peter stated that the Christy Payne Mansion will be restored and the Selby House will be repaired at Selby Gardens' expense; that both houses are historical landmarks; that Selby Gardens is working on a master plan; therefore, working in conjunction with the City is important to assure the CRA Master Plan relates to the Selby Gardens master plan; that currently the boundary for the CRA Master Plan is Mound Street which is just to the north of Selby Gardens; that the concern is to assure Selby Gardens is included in the CRA Master Plan; that being included in public discussions is desired; that official approval of adding Selby Gardens to the City's mailing list for notification of public hearings is requested. City Manager Sollenberger stated that Selby Gardens is a major asset for the City and should be included in the CRA Master Plan; that Staff will be directed to assure Selby Gardens' is included in the CRA Master Plan. Commissioner Quillin stated that the CRA Master Plan boundary extends to Mound Street which is the area included in the Tax Increment Financing (TIF) District; that involving Selby Gardens with the CRA Master Plan is an excellent concept. Mayor Cardamone stated that anything the City does on Mound Street has a direct impact on the Selby Gardens property. Melanie Eckstein, 660 Golden Gate Point (34236), stated that parking on State Street is annoying particularly at the cut-outs from previous driveways between Pineapple and Orange Avenues; that the problem should be addressed; that the problem has existed for over two years; that the owner of a retail store on BOOK 47 Page 19210 03/06/00 6:00 P.M. BOOK 47 Page 19211 03/06/00 6:00 P.M. State Street indicated difficulty for customers to know the proper place to park. Mayor Cardamone agreed; and asked if plans for striping the parking spaces exist and if State Street will have angle parking? City Manager Sollenberger stated that State Street is narrow; that Staff determined only two or three spaces would be gained; that much effort would be expended for little gain. Mayor Cardamone stated that that revisiting parking problems on State Street is suggested as many things have changed on State Street over the past two years. 9. UNFINISHED BUSINESS: DISCUSSION RE: HABITAT FOR HUMANITY FUNDING REQUEST OPTIONS FOR INFRASTRUCTURE COSTS FOR THE PROJECT LOCATED NEAR TUTTLE ELEMENTARY SCHOOL - DECIDED TO MAKE A DECISION CONCERNING THE MOST APPROPRIATE FORM OF CITY PARTICIPATION IN THE INFRASTRUCTURE COSTS OF THE HABITAT FOR HUMANITY PROGRAM AFTER THE MAY 1, 2000, COMMISSION WORKSHOP (AGENDA ITEM VI-1) #1 (1079) through (1286) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that at its January 18, 2000, Commission Workshop, Habitat for Humanity requested approval of $1.5 million for infrastructure costs for the project located near Tuttle Elementary School; that the Staff estimates of the infrastructure improvement range from $2.1 to $2.7 million; that Habitat for Humanity indicated costs above the $1.5 million would be raised by Habitat for Humanity; that the Commission asked funding alternatives be identified and the item be placed on the Agenda of the March 6, 2000, Regular Commission meeting; that additional information sought by the Commission concerned the possible availability of infill lots to accommodate the Habitat for Humanity project; that the Commission has a workshop scheduled for May 1, 2000, to discuss the City-owned properties and disposition of the properties. Mr. Schneider stated that several other actions will occur prior to the May 1, 2000, workshop including: April 3, 2000, workshop concerning the five-year update of the Sarasota Consolidated Plan, August 1995 edition, which will have an impact on Community Development Block Grant (CDBG), State Housing Initiatives Partnership (SHIP), and HOME Partnership Investment Act (HOME) funds; May 1, 2000, infill vacant parcel workshop; and The probability of the City's being awarded additional SHIP funds in early May 2000. Mr. Schneider referred to the Agenda request indicating the following recommendation by the Administration: That the Commission make a decision on funding Habitat for Humanity infrastructure costs after the City Commission Workshop on May 1, 2000, on infilling City-owned lots and then decide what is the most appropriate form of City participation in the Habitat Program. Mr. Schneider stated that the timeframe is reasonable; that the Commission will have more information upon which to base a decision; that a list of funding alternatives has been prepared; however, none appear particularly attractive or free of negative consequences. Commissioner Quillin asked if any grants are available? Mr. Schneider stated that Staff investigated available grants and did not find any suitable to pursue. City Manager Sollenberger stated that the Administration recommends the Commission make a decision concerning funding the Habitat for Humanity infrastructure costs after the Commission Workshop on May 1, 2000, regarding possible infill utilizing City-owned lots; that with the additional information, the most appropriate form of participation in the Habitat for Humanity project can be determined. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to make a decision concerning the most appropriate form of City participation in the infrastructure costs of the Habitat for Humanity Program after the May 1, 2000, Commission Workshop regarding infill utilizing City-owned lots. Commissioner Hogle stated that during a visit to Charleston, South Carolina, low and low-to-middle inçome housing projects were observed; that although some projects were confined to one area, many were scattered throughout the City which appeared to BOOK 47 Page 19212 03/06/00 6:00 P.M. BOOK 47 Page 19213 03/06/00 6:00 P.M. make low-income housing work better; that a project at the scale of the proposed Habitat for Humanity project on Lime and Euclid Avenues with approximately 60 lots was not observed; that the concept of the project is supported; that concentrating a significant amount of public housing in one area may prove a mistake such as the Cohen Way public housing complex. Commissioner Quillin stated for clarification that the Habitat for Humanity project is not public housing but privately-owned homes for low-income individuals; that housing is being made available at cost with zero percent interest loans through Habitat for Humanity; that the concern regarding a concentration of low-income level in a particular area causes a personal problem; that the personal presumption is a problem would exist with a concentration of $200,000 condominiums or deed-restricted areas representing a concentration of a certain economic level; that Habitat for Humanity has requested funding from the City; that the motion on the table is to look for alternatives; that Habitat for Humanity owns property and would like to partner with the City; that the City has a problem with addressing the need for low-income housing; that the proposal is not to build public housing; that a Housing Opportunities for People Everywhere (HOPE) -VI grant is not being sought; that a partnership with a wonderful group which builds homes sO property can be returned to the tax rolls is being suggested; that the value of the homes will be between $50,000 and $65,000; that the purchase price of the homes is irrelevant as gifting and sweat equity occur; that the possibility the City may be taking a different direction from the proposed Habitat for Humanity project is a personal concern; that more areas for Habitat for Humanity to build homes should be investigated; that one reason for developing the property near Tuttle Elementary School is the economics; that the motion does not speak to the request from Habitat for Humanity; and referred to a March 6, 2000, editorial in the Sarasota Herald-Tribune which suggested the City become partners with Habitat for Humanity;. Commissioner Mason stated that the motion does speak to the Habitat for Humanity issue; that considering alternatives for funding is personally desired to make an informed, intelligent decision. Vice Mayor Pillot agreed and stated that the project could provide affordable housing, not necessarily low-income, but affordable housing for qualified individuals; that Staff's list of alternative funding although correct is disappointing; that Habitat for Humanity should be provided a copy of the list indicating the consequences of possible serious harm to supported projects; that the motion is simply to accept the Administration's recommendation to delay a decision regarding contributing to the Habitat for Humanity project until after the May 1, 2000, workshop; that concerns regarding funding and the implementing approach are shared. Commissioner Quillin stated that at the January 18, 2000, Workshop, a suggestion was made of exchanging property dispersed throughout the City with Habitat for Humanity for Humanity's privately-owned property for which funding is being requested. Mr. Schneider stated that the April 3, 2000, Workshop concerns the Consolidated Plan update which is the CBDG, SHIP, and HOME funds for the next five years; that the May 1, 2000, Workshop concerns the infill/vacant parcel issue identifying City-owned vacant buildable parcels; that during the January 18, 2000, Workshop, the possibility of substituting infill projects for some Habitat for Humanity homes was discussed; that Staff was requested to present a list of vacant properties to the Commission; that Staff will present a list of vacant properties at the May 1, 2000, Workshop. Commissioner Hogle stated that Habitat for Humanity as affordable housing is supported; however, having a concentration of affordable housing is personally doubted as the best thing for the City; that providing City locations which already have infrastructure provides a cost savings and may be more palatable than investing $1.5 million in a project for which the property could be put to a better use such as a new school; that long- range planning for the use of the property is suggested. Mayor Cardamone called for a vote on the motion to make a decision concerning the most appropriate form of City participation in the infrastructure costs of the Habitat for Humanity Program after the May 1, 2000, Commission Workshop regarding infill utilizing City-owned lots. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 10. UNFINISHED BUSINESS: APPROVAL RE: : AUTHORIZE STAFF TO INSTALL A SIDEWALK ON THE NORTH SIDE OF ARLINGTON STREET BETWEEN US 41 AND SCHOOL AVENUE - AUTHORIZED STAFF TO INSTALL A SIDEWALK ON THE NORTH SIDE OF ARLINGTON STREET BETWEEN US 41 AND SCHOOL AVENUE (AGENDA ITEM VI-1) BOOK 47 Page 19214 03/06/00 6:00 P.M. BOOK 47 Page 19215 03/06/00 6:00 P.M. #1 (1796) through (1876) Alexandrea Hay, Deputy Director of Engineering/Deputy City Engineer, came before the Commission and stated that in 1995, Staff investigated installing a sidewalk on Arlington Street between Euclid Avenue and US 41; that a survey indicated surrounding neighbors were in favor of a sidewalk; however, during the design phase, a petition was received in opposition to a sidewalk; that Staff has since been made aware of three homes with wheelchair-bound residents on the north side of Arlington Street, west of School Avenue; that the Citizens with Disabilities Advisory Board has requested the City install a sidewalk on Arlington Street between US 41 and School Avenue. Mayor Cardamone asked if the Commission can authorize installing the sidewalk without re-petitioning and re-surveying as the issue is considered a health, safety, and welfare issue of the community? Ms. Hay stated yes. City Manager Sollenberger stated that the Administration recommends authorizing Staff to install a sidewalk on the north side of Arlington Street between US 41 and School Avenue. On motion of Commissioner Pillot and second of Commissioner Mason, it was moved to authorize Staff to install a sidewalk on the north side of Arlington Street between US 41 and School Avenue. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 11. UNFINISHED BUSINESS: DISCUSSION RE: THE WYNNTON GROUP PROPOSAL TO THE COMMUNITY REDEVELOPMENT AGENCY CONCERNING USE OF THE LEMON AVENUE PARKING LOT - AUTHORIZED THE CITY ATTORNEY TO PROCEED WITH THE AGREEMENT MADE AT THE FEBRUARY 14, 2000, CRA MEETING WITH THE STIPULATION THAT THE CITY ATTORNEY'S OFFICE SHALL NOT UNDERTAKE ANY WORK UNTIL THE PBLP'S PROCESS IS COMPLETE (AGENDA ITEM VI-3) #1 (1880) through #2 (0475) Commissioner Quillin referred to a March 1, 2000, letter from Michael Ciccarone, Attorney for Dr. Murray Klauber, and stated that the letter is the reason for placing discussion of the proposal by the Wynnton Group, Inc., on the Agenda; that the Commission has not received a report and has taken no action concerning the proposal; and distributed copies of Section 163.380, Florida Statutes. Commissioner Quillin continued that the Community Redevelopment Agency (CRA) cannot encumber the Commission by any CRA actions; i that a proposal has not been submitted to the Commission only to the CRA which is an advisory board; that Attorney Ciccarone should be advised any legal action is premature. City Attorney Taylor stated that basis of the letter is the writer believes the action taken by the CRA violated Section 163.380, Florida Statutes; that any sale pursuant to Section 163.380 must be done by the Commission not the CRA; however, Section 163.380 applies to property acquired for redevelopment purposes, not just property the City has owned within the redevelopment area; that the response to the letter should be an appropriate charge or allegation of violation of law has not been made; that Section 163.380 provides notice of intent to dispose of property 30 days prior to the execution of a contract is required; that no contract exists; that the CRA's action was to express support for a proposed project and authorize the Administration and the City Attorney's Office to proceed appropriately in negotiations which is not the same as producing a contract; that the concept of proceeding with a joint venture requires other action at levels other than the Commission level; that approval by the Planning Board/Local Planning Agency (PBLP) is required; that the PBLP can act only in accordance with the requirements of the Zoning Code (1998) which provides a petition for an off-site parking agreement shall demonstrate to the PBLP's satisfaction the practical difficulties which prevent the location of the parking facilities on the same zoning lot; that an approved site plan for a parking facility at the existing Sarasota County Area Transit (SCAT) transier facility at Lemon Avenue exists; that making a successful argument that practical difficulties prohibit building a parking facility will be difficult as a site plan has been approved for a parking facility; that bringing a joint venture with the Wynnton Group to fruition will pose difficulties; and asked if the City Attorney's Office should proceed with any activity regarding a joint venture as a threat of a lawsuit exists and processing for PBLP approval must proceed? City Manager Sollenberger referred to a March 6, 2000, letter from the Wynnton Group's legal representative to the Administration previously distributed to the Commission indicating the willingness of the Wynnton Group to continue the joint venture process and stated that the Wynnton Group is willing to proceed with negotiations if the City sO desires; that difficulties facing the Wynnton Group have been indicated; BOOK 47 Page 19216 03/06/00 6:00 P.M. BOOK 47 Page 19217 03/06/00 6:00 P.M. that the Administration recommends waiting for the PBLP process; that no deal has been negotiated; that no agreement has been prepared by the City Attorney's Office; that extensive negotiation and time will be required as was required for the Renaissance of Sarasota project and the lease of the Ed Smith Stadium and Sports Complex; that the transaction concerning the Palm Avenue parking structure will take considerable time; that the Wynnton Group's proposed project will require in-depth time and effort; that dealing in an area of more certainty before committing the Staff's time and effort is desired. Commissioner Quillin stated that a proposal has not been submitted to the City; that public input will be received after submission to the City; and all parties can come to the Commission table and make any presentation desired; that Dr. Klauber indicates the City advised waiting until the charette which will be conducted by Duany Plater-Zyberk & Company (DPZ) is concluded to present a proposal; that the Wynnton Group's proposal was given support by the CRA which is not creating an equal, favorable playing field on which the City is conducting business; that the CRA has no right to encumber the City; that the CRA is an advisory board; that Staff is preparing documentation or negotiating by direction of the CRA without a presentation to the Commission which is not understood; that the CRA does not have Staff; that a CRA nod of assent means nothing; that all parties should be brought to the Commission table without which personal discomfort will exist; that the understanding is Staff does not support proceeding with a joint venture with the Wynnton Group at this time; therefore, proceeding before the completion of the DPZ charette is personally uncomfortable; that DPZ advised not proceeding with the proposed project until the charette is concluded; that the CRA has gone in a totally different direction; that the motion at the February 14, 2000, Special CRA meeting and the current situation causes personal discomfort; that Staff should be directed to take no action until after the DPZ charette or until all parties can come to the Commission table and make presentations. City Attorney Taylor stated that the City Attorney is not the attorney for the CRA; that the distinction may be in name only; that a separate CRA could be established which would mean a different group of individuals would be addressed; that membership of the Commission and the CRA are the same; that the CRA should not have directed the City Attorney at the expense of the City to negotiate the proposed project; that a contract for Commission approval is required; that any submittal would be viewed by both entities; that technically, the Commission should have given the instruction to proceed; that presentation of the proposed joint venture commenced with an outside entity; that City Staff did not seek a proposal from the Wynnton Group, which approached the City as concern regarding the location of the SCAT transfer facility was known; that the project proposed by Dr. Klauber is from Central Avenue between First and Second Streets to the current SCAT transfer facility site at Lemon Avenue through the City Hall parking lots which bears no relationship to the Wynnton Group's proposed project; that Dr. Klauber's and the Wynnton Group's proposals are not in the same ballpark; that the proposals are very different; that the reason for listening to proposals for projects other than the site- specific proposal submitted by the Wynnton Group is not known; that the Commission has the authority to dispose of property owned by the City; that authorizing the City Attorney's Office and the Administration to proceed should be done by the Commission. Vice Mayor Pillot stated that nothing has changed from the CRA action except for the letter from Dr. Klauber's legal representative; that through the City Attorney's research and consultation, the allegations are found without merit; that the Wynnton Group is aware the only the entity at risk is the Wynnton Group. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to authorize the City Attorney to proceed with the agreement made at the February 14, 2000, CRA meeting. Mayor Cardamone stated that no energy should be expended until the proposed project is submitted to the PBLP at which time public input will be received; that the decision concerning an off-site parking agreement does not come to the Commission for affirmation or denial as the decision of the PBLP is final; that the motion will not be personally supported if the motion' includes direction to the City Attorney's Office to prepare joint venture documentation prior to the PBLP process. Vice Mayor Pillot stated that the intent was not to include such action; that the City Attorney's Office should not perform any work until the appropriate procedures are followed. Mayor Pillot, as the maker of the motion, with the approval of Commissioner Hogle, as the seconder, revised the motion as to BOOK 47 Page 19218 03/06/00 6:00 P.M. BOOK 47 Page 19219 03/06/00 6:00 P.M. authorize the City Attorney to proceed with the agreement made at the February 14, 2000, CRA meeting with the stipulation that the City Attorney's Office shall not undertake any work until the PBLP's process is complete. Mayor Cardamone stated that knowing in advance of some of the difficulties would have been helpful; that the CRA clearly indicated to Mr. Schiffman the risk is on the Wynnton Group; that the Commission is eager for relocation of the SCAT transfer facility; that the House of Golf site has been a preferred site by the County and the City; that personal enthusiasm for the project exists; that additional information has come forward after the CRA vote; that the prudent procedure is to follow the Zoning Code (1998). Commissioner Mason stated that at the February 14, 2000, CRA meeting, the motion was not personally supported; that the motion on the floor should not be supported. Commissioner Quillin stated for clarification of the type of submission to the PBLP. City Attorney Taylor stated that no action is presently being taken; that the Commission is waiting for action by the Wynnton Group. Commissioner Quillin stated that a June 1, 2000, deadline exists with the County; that the Wynnton Group cannot prepare and submit a proposal by the deadline date; that the manner in which the City is conducting business is a personal concerni that the Commission made a commitment to the County Commission of a June 1, 2000, deadline for selection of a site for the SCAT transfer facility; that going back to the County and renegotiating is personally unacceptable; that participating, cooperating and conducting business above the table is required; that honest City business practices are required; that the City should abide by the deadline regarding a project which has been ongoing for a lengthy time to assure maintaining good inter-govermmental relationships; that the City was requested to locate a site for the SCAT transfer facility and has not yet done so; that delaying any action . until after the DPZ charette is suggested; that public input from the DPZ charette will make evident the desires and reactions of the citizens thereby allowing the City to make an informed commitment to the County by the June 1, 2000, deadline. Vice Mayor Pillot stated for clarification that the motion is to authorize the City Attorney to proceed subsequent to PBLP action if proceeding is appropriate; that the City Attorney's action to date is nothing for which the Commission would chastise the City Attorney; that in 11 days, he will have sat at the Commission table for 11 years; that citizens are invited to call his home if the people of the City feel he has conducted business below the table or dishonestly; that he will resign and refund the salary earned; that any implication which in any way suggests acting below the table or dishonestly is personally deeply resented; that he has been a resident of the City for approximately 37 years and has served as a school principal, as Superintendent of Schools for Sarasota County, as a City Commissioner for 11 years, and in a number of other positions within the community with honor. Mayor Cardamone stated that an apology from Commissioner Quillin regarding comments as to below the table or under the table or dishonest dealings would be appropriate. Commissioner Quillin stated that no personal apology will be given. The Commission recessed at 7:25 p.m. and reconvened at 7:35 p.m. Commissioner Quillin stated that no personal attacks were intended; that many comments were received during social events over the weekend of March 3, 2000, from people concerned with some actions of the City; that a perception in the community is City actions do not appear as if individuals are treated fairly which is personally disliked; that Sarasota is her home town; that Item VI-3 was placed on the Agenda to bring the issue back to Commission to allow parties the opportunity to speak to the Commission at the same time regardless of the similarity of the projects; that the public desires presentations be conducted openly in a public forum and to speak to projects such as proposed by the Wynnton Group; that no personal attacks were made; that the only indication was of the existence of a negative perception; that a City policy concerning the manner in which the City conducts business should be developed; that a developer's going through a process which may not come to fruition due to the inability to meet a June 2000 deadline is personally upsetting and negatively reflects upon a commitment the City made to the County; that many important factors are involved; that Item VI-3 was placed on the Agenda to ensure procedures are followed and a report concerning the proposal and the CRA's actions is returned BOOK 47 Page 19220 03/06/00 6:00 P.M. BOOK 47 Page 19221 03/06/00 6:00 P.M. to the Commission so the Commission can proceed and afford everyone an opportunity to come to the Commission and be heard. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to call the question. Motion carried unanimously (5 to 0): : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone requested that City Auditor and Clerk Robinson restate the motion. City Auditor and Clerk Robinson restated the motion as to authorize the City Attorney to proceed with the agreement made at the February 14, 2000, CRA meeting with the stipulation that the City Attorney's Office shall not undertake any work until the PBLP's process is complete. Motion carried (3 to 2): : Hogle, yes; Mason, no; Pillot, yes; Quillin, no; Cardamone, yes. Mayor Cardamone stated that the next step. is presentation of an idea with no contingencies to the PBLP; and asked the reason the PBLP cannot address the issue prior to June 1, 2000? City Attorney Taylor stated that a petition must be filed which has not yet been accomplished; that the Wynnton Group has indicated a desire to go forward; that filing a petition is the next step; that the time to process a petition is not personally known. Mark Hess, Chief Planner, Planning and Development Department, came before the Commission and stated that the typical processing time for presenting a petition to the PBLP and not the Commission is a minimum of three months; that four months is not uncommon. Mayor Cardamone stated that the Wynnton Group will be unable go before the PBLP prior to the date the City committed to the County regarding selection of the SCAT transfer facility site. City Attorney Taylor stated that time presents a worst-case scenario; that a contract will not be negotiated until the proper process is concluded; that an estimate of the time required to prepare a contract cannot be provided; that the matter is being driven by the site selection for the SCAT transfer facility, which is the paramount public purpose involved; that timing is critical; that some major issues encountered in the short period available for negotiations will be difficult to resolve; that proceeding beyond the PBLP stage will require some searching and negotiating prior to finalization; that receiving the PBLP's approval prior to the deadline date is personally doubted. Mayor Cardamone stated that the Commission approved a motion to ask the City Attorney to enter into negotiations based on a PBLP decision which cannot come prior to the deadline date with the County; and asked if the intent of the motion is to go back on the City's word to the County as the time to process a petition was unknown? Vice Mayor Pillot stated that the City Manager could contact the County Administrator to determine if the June 1, 2000, deadline is manageable given the potential loss of funds; that if not, the City must keep the City's commitment to the County; that if SO, formally requesting a deadline extension is the next step. Mayor Cardamone agreed. Commissioner Quillin stated that during the charette with DPZ, the importance of the site selection for the SCAT transfer facility should be stressed; that the City has been working with the County concerning the location of the SCAT transfer facility for an extended period; that the City has a commitment to the County and is endeavoring to work with the commitment; that County Commissioner David Mills indicated the County would cooperate if a different site is identified. Mayor Cardamone asked if the County is attempting to locate other sites? City Manager Sollenberger stated that the County is examining property on Fruitville Road immediately west of Orange Avenue and the City's parking lot adjacent to the former Chamber of Commerce building on Second Street; that neither property was identified in the study prepared by Cy Paumier for the City and County; that alternative options for relocation are becoming limited; that resolving the issue with the House of Golf transaction with the Wynnton Group thereby reserving the property west of City Hall for other development purposes was personally desired; however, the time constraints appear overwhelming. Mayor Cardamone stated that the Commission has been opposed to the Lemon Avenue site as a SCAT transfer facility for years; that the County has been requested repeatedly to consider other sites; that a major reason for asking the County to consider other sites is the probable inability of the County to replace the parking lost BOOK 47 Page 19222 03/06/00 6:00 P.M. BOOK 47 Page 19223 03/06/00 6:00 P.M. by the City as a result of building the SCAT transfer facility on the site; that the County has been requested to investigate replacement parking if approval is given to construct a SCAT transfer facility on Lemon Avenue; and asked the County's intent in replacing parking if the SCAT transier facility is constructed on the Lemon Avenue site? City Manager Sollenberger stated that the County is anticipating purchasing the property for the appraised value; that replacement of lost parking has not been addressed; that the County is simply looking at a real estate transaction. Mayor Cardamone asked if the County has heard the Commission's constant comments that the City cannot sell the Lemon Avenue property unless parking is replaced? City Manager Sollenberger stated that the County has heard; however, the funding agency indicated funds cannot be utilized for parking replacement but only for a real estate transaction. Mayor Cardamone asked if the Florida Department of Transportation (FDOT) could provide funds to replace the City's lost parking if a SCAT transfer facility is built on the Lemon Avenue site? City Manager Sollenberger stated that the availability of FDOT funds is unknown. Mayor Cardamone stated that FDOT previously indicated assistance is available. City Manager Sollenberger stated that the County Administrator and a County Commissioner communicated with FDOT in an attempt to persuade FDOT to assist with funding and were not successful; that negotiation on the size of the property transferred will be required if the City disposes of the Lemon Avenue property to the County; that the transaction proposed by the County would leave the City a piece of property 100 feet in width on First Street and approximately 230 feet in depth north to Second Street; that the remaining piece of property is not adequate for a parking structure, which would require an additional 30 feet; that the use of the remaining property should be considered during the DPZ charette if disposal is negotiated with the County; that FDOT has indicated another extension of the grant deadline could be approved to Einalize the grant terms if substantial progress has been made concerning acquisition of a piece of property by June 30, 2000; that the amount of property sold should be considered to assure retention of a useful piece of property for the City and to meet the need of the County if the City arrives at the point of having to sell the property to the County; that additional time would be allotted for the County to acquire a site based on personal interpretation of the indication from FDOT. Mayor Cardamone asked for clarification of the amount of the Lemon Avenue property in which the County is interested. City Manager Sollenberger stated that the County's plan is to acquire 150 feet of frontage on First Street leaving the City with 100 feet of frontage to the west which is not adequate for a parking structure; that various contractors and consultants indicated approximately 130 feet is required for a parking structure; that retaining an adequately sized piece of property for a parking structure must be considered in negotiations with the County, which is concerned only with the value of the propertyi that: two values have been assigned to the property by appraisers; that the County's appraisal of the property in which the County is interested is lower than the City's; that the County's appraiser valued the property utilizing a square-tootage approach whereas the City's appraisal was based on damage to the value of the remainder property; that the City and County appraisals differ by approximately $100,000 which would be a subject of negotiation. Mayor Cardamone stated that the reason for continuing to discuss a SCAT transfer facility on Lemon Avenue is unknown as the City has continually indicated no interest in selling the property; that the Wynnton Group provided an alternate site and the means to purchase the site; that the County will not replace the parking which the City has consistently indicated must be replaced; that leaving the City with an undesirable piece of property is not appropriate; that a June 1, 2000, deadline exists; however, nothing is settled. Vice Mayor Pillot stated that the County has eminent domain powers over the City. Commissioner Quillin stated that the City is taking actions out of sequence as a charette will be conducted concerning the Downtown area; that the worst-case scenario if the House of Golf property does not become available is the County is interested in the Lemon Avenue site and the charette indicates the Lemon Avenue site is the only location suitable for the SCAT transfer facility; that approximately six locations suitable for the SCAT transfer BOOK 47 Page 19224 03/06/00 6:00 P.M. BOOK 47 Page 19225 03/06/00 6:00 P.M. facility are personally known; and asked the reason a tri-party agreement among the Wynnton Group, the County; and the City cannot be considered? Mayor Cardamone stated that lack of time prohibits a tri-party agreement. Commissioner Quillin stated that the County has the funds and the desire; that the City could easily arrive at an interesting concept attractive to Dr. Klauber for participation through the charette. City Attorney Taylor stated that information has been received indicating a meeting of the minds between Dr. Klauber and the Wynnton Group is not possible; that the Wynnton Group also has a deadline date with which to contend. Commissioner Quillin stated that the first concern is to the promise to the County of a deadline date; that anyone could be a part of the group interested in developing the SCAT transfer facility; that the worst case scenario is a design could be developed incorporating all the features already discussed. Mayor Cardamone stated that three Commissioners attempted to support a project which would result in not having the SCAT transfer facility at Lemon Avenue but rather at the House of Golf site; that consideration of the DPZ study was a factor in supporting the House of Golf site for the SCAT transfer facility; that the world cannot be stopped based upon a future study; that the public has expectations; that providing a nod of approval to the Wynnton Group's proposal could be personally explained to the community; that the nod of approval does not create a negative overtone in the City and community as the aim is to move the SCAT transfer facility away from the Lemon Avenue site; that the City Attorney has been given authorization to move forward on an issue which probably cannot happen due to the timing and the commitment made to the County; and asked the result if the Commission advises the County the SCAT transfer facility is not desired at the Lemon Avenue site on June 1, 2000? City Attorney Taylor stated that the Wynnton Group may not wish to file a petition ending further consideration; that the next step is consideration by the PBLP; that the City will hear from the County; that additional discussion will likely occur. Mayor Cardamone stated that the Wynnton Group is under pressure to begin construction of Five Points Tower? Commissioner Mason stated that in the spirit of good inter- governmental relations, the City should advise the County a SCAT transfer facility is not desired at the Lemon Avenue site. Mayor Cardamone stated that the County has been advised fairly regularly the SCAT transfer facility is not desired at the Lemon Avenue site. Commissioner Mason stated that the County should be advised once again; that not waiting until June 1, 2000, is suggested. Mayor Cardamone stated that hearing the Commission's agreement, the County will be contacted to advise the SCAT transier facility is not desired at the Lemon Avenue site. Commissioner Quillin stated that learning DPZ's opinion is desired. Commissioner Hogle stated that the site next to St. Martha Church is preferred. Commissioner Quillin stated that DPZ should be advised the SCAT transfer facility is a pressing issue. Mayor Cardamone stated that the Commission's willingness to agree to the Lemon Avenue site for the SCAT transfer facility is doubted even if recommended by DPZ; that the importance of the Lemon Avenue site is well known; that following all of DPZ's recommendations is not required; that the County is being provided an additional month and a half to locate an alternate site. Commissioner Hogle asked if support exists for the site adjacent to St. Martha Church? City Attorney Taylor stated that SCAT representatives indicated the site is too small. Mayor Cardamone stated that the City owns the lot on Second Street adjacent to the property considered on Fruitville Road immediately west of Orange Avenue. City Attorney Taylor stated that the lot is. west of the property; that a building is to the immediate south. BOOK 47 Page 19226 03/06/00 6:00 P.M. BOOK 47 Page 19227 03/06/00 6:00 P.M. Mayor Cardamone stated that the two properties are in an L-shape; that an entrance and an exit could be created; that the County could buy the property from the City. 12. NEW BUSINESS : REQUEST RE: DONATION OF CITY-OWNED LOT LOCATED AT THE SOUTHEAST CORNER OF DR. MARTIN LUTHER KING, JR. WAY AND COCOANUT AVENUE FOR MADDADS = EXPRESSED INTEREST. IN MAKING PROPERTY AVAILABLE AND REFERRED BACK TO STAFF FOR A REPORT (AGENDA ITEM VII-1) #2 (0477) through (1399) Reverend Jerome Dupree, representing MADDADS (Men Against Destruction Defending Against Drugs & Social Disorders), and Glenda Mock, Executive Director of the North Trail Association, came before the Commission. Reverend Dupree stated that the request is for the City to donate City-owned property located on the southeast corner of Cocoanut Avenue and Dr. Martin Luther King, Jr., Way (MLK); that the property is located in a strategic position across the street immediately east of Dr. Martin Luther King, Jr., Memorial Park (King Park) and is being reserved for overflow parking for the park; that five years ago establishing a MADDADS chapter in the City was investigated as a means of assisting law enforcement by mobilizing men and fathers to work with law enforcement to eliminate drugs, destruction, and social disorder in the community; that marches in five neighborhoods with drug activity, prostitution, and gang activity occurred; that State and national meetings have been attended to gather information; that keeping the MADDADS motivated is difficult; that some MADDADS are patrolling the streets and some are mentoring children and providing good role models; that more partners are being sought such as Sarasota County Technical Institute (SCTI), the Juvenile Justice Department, etc., to redirect young people who have traveled the wrong road; that $100,000 has been donated for construction of a building for MADDADS; that a number of locations have been explored to either buy a building or property on which to construct a building; that nothing suitable has been found; that the Administration suggested investing $50,000 in the old Capricorn Lounge; that $100,000 is not sufficient to purchase property and to construct a building; that the City is being requested not to give MADDADS the property but to allow MADDADS to use the property to construct a MADDADS headquarters; that overflow parking for King Park would still be available. Ms. Mock stated that a project adopted locally by MADDADS is to train for jobs in the construction industry due to the large amount of construction in the City; that MADDADS will prepare individuals for construction jobs; that three major MADDADS programs in place are: Street Patrol, Alternative Sentencing, and Mentoring. Mayor Cardamone asked the source of the $100,000 donation? Ms. Mock stated that the Wynnton Group, Inc. (Wynnton Group) made the donation; that Robert Schiffman, President of the Wynnton Group, attended the University of South Florida/New College and was approached, resulting in contributions to the university and MADDADS. City Manager Sollenberger stated that the Administration recommends referring the possible donation of the City-owned property at MLK and Cocoanut Avenue to Staff for a report. Commissioner Mason stated that the property was purchased for overflow parking for King Park; that a gazebo and restrooms will be constructed in King Park, resulting in increased use; that the City purchased the property expressly for overflow parking for King Park; that using the property for anything other than parking is not supported; that the property is not large enough for proper development with adequate parking for MADDADS and King Park overflow parking; that MADDADS is supported for many contributions to the community; however, using the property for anything other than parking is strongly opposed. Commissioner Quillin stated that King Park is one of the prettiest in the City; that a duplex near Fredd Atkins Park would be a good location for a headquarters. Vice Mayor Pillot asked the square footage of the proposed MADDADS building? Reverend Dupree stated 2,000 square feet. Vice Mayor Pillot asked the percentage of the property the proposed building would occupy? City Manager Sollenberger stated that the answer is unknown; that Staff will prepare a report for the Commission. BOOK 47 Page 19228 03/06/00 6:00 P.M. BOOK 47 Page 19229 03/06/00 6:00 P.M. Vice Mayor Pillot stated that the requested data will be returned to the Commission if the Administration's recommendation is accepted; that disruption at King Park has never been personally observed; however, the presumption is a few drug abusers use the park; that locating the MADDADS facility across the street from King Park is serendipitous, providing an opportunity for MADDADS to have a presence at a significant gathering point; that the concerns regarding King Park overflow parking are understood; however, the hope is the property can be shared. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to express interest in making the property at Dr. Martin Luther King, Jr., Way (MLK) and Cocoanut Avenue available for use by MADDADS under the proper terms and conditions and to refer MADDADS' request to Staff for a report. Commissioner Quillin stated that the property near Fredd Atkins Park could be considered; that the community desires a meeting place near Fredd Atkins Park; that MADDADS, the community and the City could work together for everyone's benefit. Commissioner Mason stated that Staff can investigate the use of the property near Fredd Atkins Park; that conversations regarding the use of Pioneer Park for parking should be recalled; that the developers of property near Pioneer Park may request the same consideration if the Commission approves the presented proposal. Mayor Cardamone stated that the previous developer's proposal was to use park land for parking; that the current request is to use a vacant City-owned lot across the street from a park which is currently not being used to provide park overflow parking and a headquarters use by MADDADS; that sharing the property is not a personal problem; that the motion does not include exploring the use of property near Fredd Atkins Park. Vice Mayor Pillot stated that the Commission should not impose an interest if MADDADS considers a location unsuitable; that no more important use of a piece of property can be envisioned in a neighborhood suffering from the imposition of illegal drugs. Mayor Cardamone asked if MADDADS has been asked if consideration of the Fredd Atkins Park property is desired? Vice Mayor Pillot stated that MADDADS can consult with the Administration; that considering the Fredd Atkins Park property is not part of the motion if MADDADS is not interested. Reverend Dupree stated that interest exists only in the requested property; that meetings will be held with parents and youth on a regular basis at the MADDADS headquarters; that being located at Fredd Atkins Park may deter people from visiting. Mayor Cardamone agreed and stated that a highway location is not preferred over the requested location which is across the street from a park; that MADDADS will have picnics and various activities. Commissioner Mason stated that plans presented at the redesign meeting for Fredd Atkins Park included such items as making Washington Court to the south one-way, providing angle parking, and considering the possibility of buying the adjacent duplex to allow for expansion; that locating MADDADS in the Fredd Atkins Park area would assist in cleaning up the area. Mayor Cardamone called for a vote on the motion to express interest in making the property at Dr. Martin Luther King, Jr., Way (MLK) and Cocoanut Avenue available for use by MADDADS under the proper terms and conditions and to refer MADDADS' request to Staff for a report. Motion carried (3 to 2): Hogle, yes; Mason, no; Pillot, yes; Quillin, no; Cardamone, yes. Commissioner Quillin stated that not considering the Fredd Atkins Park site is personally distressing; that the community is excited with the redevelopment of Fredd Atkins Park; that MADDADS would be a great asset to the area. Reverend Dupree stated that another reason for considering only the requested lot is the possibility of relocating MADDADS after the Fredd Atkins Park area is cleaned up due to MADDADS presence; that MADDADS would be relocated and continue to be relocated as areas are cleaned up; that remaining at one location for organization and consistency is desired. Mayor Cardamone asked the date the report will come back to the Commission? City Manager Sollenberger stated that the report will be presented at the April 3, 2000, Regular Commission meeting. BOOK 47 Page 19230 03/06/00 6:00 P.M. BOOK 47 Page 19231 03/06/00 6:00 P.M. 13. NEW BUSINESS: APPROVAL RE: REQUEST FROM THE SOAP BOX DERBY TO ALLOCATE UP TO $1,250 FROM THE CITY TO CELEBRATE THE MILLENNIUM FOR COMMUNITYWIDE EVENTS TO BE HELD ON MAIN STREET ON MAY 7, 2000 - APPROVED (AGENDA ITEM VIII-2) #2 (1406) through (1534) Mayor Cardamone stated that the request from the Soap Box Derby is to allocate up to $1,250 from the City to celebrate the millennium with communitywide events on Main Street on May 7, 2000; that a discussion of procedures for allocations from the Millennium Fund was previously requested by the Commission; that Staff was requested to establish guidelines; and referred to a January 31, 2000, letter from V. Peter Schneider, Deputy City Manager, to Judy Alexander, Derby Director for the Sarasota Manatee Soap Box Derby, concerning the funding request and the determination of an exact amount. Mayor Cardamone stated that the Commission is unsure if second- time events or if only millennium and/or first-time events will be funded during the millennium year. Judy Alexander, Derby Director of the Sarasota Manatee Soap Box Derby, came before the Commission; displayed pictures of the 43 participants of the 1999 Soap Box Derby; and stated that the funding assistance of the Commission for the 1999 Soap Box Derby is appreciated. Commissioner Hogle stated that recently, several small events such as a breast cancer run were held which received funding from the Millennium Fund similar to the Soap Box Derby; that funding such events is wonderful for the City and the Downtown in promoting the City; that the funds are minimal considering the free promotion derived from the events; that the Soap Box Derby will result in the City's being recognized throughout the United States; that the request is supported. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve the request from the Soap Box Derby to allocate up to $1,250 for in-kind services for policing and Public Works. Mayor Cardamone stated that Staff indicated Public Works costs could have been lessened if more volunteer work was utilized; that pursuing additional volunteer efforts to cut costs is suggested. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone stated that the Millennium Commission met on March 1, 2000, and agreed to approach the County to request funding for the Millennium Flame event which will be held December 30 and 31, 2000; that the Commission and The Downtown Association of Sarasota, Inc., hope the County will help fund a portion of the 2000 New Year's Eve party which was enjoyed by regional as well as City residents. 14. NEW BUSINESS: APPROVAL RE: 1998-99 AUDITORS' MANAGEMENT LETTER AND THE ADMINISTRATION'S RESPONSE - APPROVED THE ADMINISTRATION'S RESPONSE (AGENDA ITEM VII-3) #2 (1575) through (1654) Gibson Mitchell, Director of Finance, came before the Commission and stated that the report of the City Manager and the City Auditor and Clerk to the Auditor General requires approval by the governing body within 30 days and forwarding to the Auditor General within 45 days; that the Auditors' Management Letter and the Administration's response will become part of the City's Comprehensive Annual Financial Report (CAFR). Vice Mayor Pillot stated that the City's CAFR is the best financial report personally observed in 25 years. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to approve the Administration's response to the Auditors' Management Letter. Mayor Cardamone stated that such a brief financial report has not been previously seen; that the financial report was a lengthy volume one year; that the City's financial reports are improving. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yesi Quillin, yes; Cardamone, yes. Mayor Cardamone requested the Commission's praise be passed along to Staff. 15. NEW BUSINESS: APPROVAL RE: FUNDING AND THE FEE OF $50,000 FOR MARLOWE & COMPANY TO DEVELOP A GRANT PROPOSAL FOR BOOK 47 Page 19232 03/06/00 6:00 P.M. BOOK 47 Page 19233 03/06/00 6:00 P.M. FEDERAL FUNDS TO REDEVELOP THE AREA NORTH OF TENTH STREET - APPROVED (AGENDA Item VII-4) #2 (1659) through (1986) City Manager Sollenberger stated that the Commission has expressed interest in the past in redeveloping the area north of Tenth Street, between Central Avenue and US 301; that Howard Marlowe, President, Marlowe & Company, has successfully performed lobbying for the City on the Federal reauthorization of renourishment funds for Lido Beach; that exploring available Federal funding for a feasibility study for a reuse of the concrete yards north of Tenth Street with the possibility of follow-up implementation funding was suggested; that location of the concrete yards close to Downtown is an incompatibility of use; that truck traffic intrudes into the neighborhoods and commercial area; that the proposal is to lobby for a $550,000 grant for economic redevelopment of the concrete yard property which carries a $50,000 fee; that the Department of Neighborhood Development has $50,000 budgeted for hiring an Economic Development Specialist; however, none of the applicants have meet the desired criteria; therefore, hiring anyone within the next few months is not anticipated; that the grant proposal fee could be funded by using funds currently available in the Department of Neighborhood Development; that Congress will be organizing legislation in March 2000; therefore, time is of the essence; that the Administration recommends funding for Marlowe & Company to develop a grant proposal for Federal funds to redevelop the area north of Tenth Street. Gregory Horwedel, Director of Neighborhood Development, came before the Commission and stated that the Office of John McKay, State Senator, District 26, advised the Senate Subcommittee which considered Senate Bill (S.B.) 912, the Enterprise Zone application, approved the application and referred the application to the full Senate; that House Bill (H.B.) 699 was considered by the House Subcommittee on Economic Development and forwarded to the full House; that a companion bill is in the Senate; that no problems are anticipated at the time the House and Senate meet to work out differences which is a very significant step in creating an Enterprise Zone in the area north of Tenth Street; that an Enterprise Zone will have some implications for redevelopment initiatives. Commissioner Quillin asked the boundaries of the Enterprise Zone? Mr. Horwedel stated that the Commission desired the boundaries to commence north of Tenth Street to go as far north as the Sarasota/Bradenton Internâtional Airport if possible; that during transmission to the County, the boundaries were interpreted as 12th Street and DeSoto Road; that corrected boundary lines will be submitted to the State Senate and House. Commissioner Quillin asked if the boundaries run from US 41 and Tuttle Avenue? Mr. Horwedel stated yes. Commissioner Quillin referred to a March 2, 2000, memorandum to City Manager Sollenberger from Mr. Marlowe suggesting approaching the Appropriations Committee for a $10,000 fee to determine if the request will be considered; that the fee will be $50,000 for the entire lobbying process. City Manager Sollenberger stated that review points exist to indicate if the lobbying should be pursued or no further funds expended. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve funds for Marlowe & Company to develop a grant proposal for Federal funds to redevelop the area north of Tenth Street with a determination of the exact costs by the Administration. Mayor Cardamone asked if the Administration's recommendation includes Mr. Marlowe's offer to assist with the purchase of the Federal building at a fee of $2,000? City Manager Sollenberger stated that an amount up to $2,000 can be supported; however, the likelihood of identification of significant avenues for exploration is small; that the opportunity available to Ft. Myers, Florida, has been explored and is not available to the City; that Ft. Myers contributed $1 million for another site for the Ft. Myers Federal building. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yesi Quillin, yes; Cardamone, yes. 16. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #2 (1990) There were no Commission Board or Committee reports. BOOK 47 Page 19234 03/06/00 6:00 P.M. BOOK 47 Page 19235 03/06/00 6:00 P.M. 17. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION TO PROVIDE A RESPONSE TO A LETTER FROM THE NATIONAL ARBOR DAY FOUNDATION (AGENDA ITEM X) #2 (1990) through (2335) COMMISSIONER HOGLE : A. stated that during a visit on March 4, 2000, the Lemon Avenue Mall was functioning well, was clean, was quiet, and the music by the acoustical guitarist was not disturbing. B. stated that a citizen telephoned indicating the processing time between making application for and receiving a building permit seems longer recently. City Manager Sollenberger stated that the heavy workload may have slowed processing time. COMMISSIONER QUILLIN: A. stated that Staff did an excellent job at the February 26, 2000, design charette for Fredd Atkins Park; that people in the area are excited; that good input was received. Commissioner Mason stated that neighbors were grateful for the opportunity to be heard. COMMISSIONER MASON: : A. referred to a February 2, 2000, letter from Secretary of State Katherine Harris to Dennis Kowal indicating Mr. Kowal has been selected to receive the Millennium Cultural Recognition Award and stated that a congratulatory letter to Mr. Kowal, who previously served on the City's Public Art Committee, may be appropriate. Vice Mayor Pillot stated that personal, handwritten notes from the Commissioners may be appropriate. MAYOR CARDAMONE: A. referred to a February 23, 2000, letter from The National Arbor Day Foundation designating the City as a 1999 Tree City USA and requesting information concerning tree projects; and stated that the Tree City USA flag is flown proudly at City Hall; that advising of the City's millennium tree project and other pertinent projects would be appropriate; that additional ideas are provided in the letter which may be of interest to the City. Commissioner Quillin stated that including the neighborhood street-tree programs would be appropriate. City Manager Sollenberger stated that a response will be provided The National Arbor Day Foundation. B. referred to a packet of placards and posters received from the Governor of the State concerning legislation passed during the 1999 session designed to serve as a deterrent to crime and to take violent criminals with guns off the street; and stated that the law provides criminals will serve a mandatory 10 years in prison for committing certain felonies with a gun, 20 years for firing a gun and 25 years to life if the victim is shot or killed; that the placards and posters are available for the use of Commissioners and Staff; that additional material can be ordered if desired. Commissioner Quillin stated that the posters should be displayed in the police substations. C. stated that the comments made earlier in the meeting cause considerable concerni; that the comments are accepted as a personal attack and do not fit with a dignified, decorous Commission; that the standards set at the Commission table should be the kind the community can respect and admire; that a new low at Commission meetings has been reached; that several women in the audience from a political science class were observing government at work and probably left disappointed in the Commission's behavior; and quoted the Pledge of Conduct which was adopted after serious consideration and which is displayed on the Commission table. Mayor Cardamone stated that the public cannot be expected to abide by the Pledge of Conduct if the Commission does not; that paying close attention to the Pledge of Conduct is requested. BOOK 47 Page 19236 03/06/00 6:00 P.M. BOOK 47 Page 19237 03/06/00 6:00 P.M. 18. ADJOURN (AGENDA ITEM XII) #2 (2335) There being no further business, Mayor Cardamone adjourned the Regular meeting of March 6, 2000, at 8:50 p.m. 014 ACCme MOLLIE C. CARDAMONE, MAYOR d ATTEST: P : Bitlw Im Rubreved de BILLY 22 ROBINSON, CITY AUDITOR AND CLERK