MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 7, 1999, AT 6:00 P.M. PRESENT: Mayor Mollie C. Cardamone, Vice Mayor Gene M. Pillot, Commissioners Albert F. Hogle, Carolyn J. Mason and Mary J. Quillin, City 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 6:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR MAY, 1999, JUSTIN C. BULGER, MAINTENANCE SPECIALIST II, MUNICIPAL AUDITORIUM #1 (0050) through (0200) Nancy Carolan, Director of General Services, came before the Commission and requested that Justin Bulger, Maintenance Specialist II, Municipal Auditorium, come forward. Ms. Carolan stated that the Employee of the Month Program allows the City to celebrate the achievements of the City's most valuable resource, the employee; that Mr. Bulger has served with excellence and pride as an employee of the City for 5 1/2 years. Ms. Carolan stated that Mr. Bulger demonstrates initiative and mature judgment in his job performance, constantly strives to provide quality customer service to vendors and visitors to the Municipal Auditorium, is always conscious of safety problems and continually institutes improvements to increase the efficiency and effectiveness of the Municipal Auditorium's operations. Mayor Cardamone presented Mr. Bulger with a City-logo watch, a plaque, and a certificate as the May 1999, Employee of the Month in appreciation of his unique pertormance with the City; and congratulated Mr. Bulger for his outstanding efforts. Mr. Bulger accepted the awards and thanked the Commission. 2. PRESENTATION. RE: MAYOR'S CITATION TO THE COACHES OF SARASOTA HIGH SCHOOL LADY SAILORS SOFTBALL TEAM FOR THE RECENT DESIGNATION AS THE 1999, FLORIDA STATE SOFTBALL CHAMPIONS #1 (0200) through (0300) BOOK 46 Page 18328 06/07/99 6:00 P.M. BOOK 46 Page 18329 06/07/99 6:00 P.M. On behalf of the City Commission, Mayor Cardamone read in its entirety the Mayor's Citation commending the dedication, hard work, enthusiasm, and leadership of coaches and staff of the Sarasota High School Lady Sailors Softball Team upon winning the 1999, Class 5A Florida State Championship; and presented each of the coaches as follows with the signed Mayor's Citation embossed with the City Seal: Clyde Metcalf Athletic Director Jack Hartman Head Coach Jim Day Assistant Coach Amy Day Durant Assistant Coach Jody Vassallo Assistant Coach Kelly Wilson Assistant Coach Mr. Hartman stated that on behalf of all of the Sarasota High School, staff and coaches recognize and appreciate the City's support; that the team members are a magnificent group of young women represent the City; that the team members excel as students and citizens; that the team grade point average (GPA) is 3.74; that the number one student in the Senior Class, Jenny Newsome with a 4.6 GPA, is a member of the team; that the players are great ambassadors for the City and Sarasota High School. 3. PRESENTATION RE: MAYOR'S CITATION TO SARASOTA HIGH SCHOOL LADY SAILORS SOFTBALL TEAM FOR THE RECENT DESIGNATION AS THE 1999 FLORIDA STATE SOFTBALL CHAMPIONS #1 (0300) through (0485) On behalf of the City Commission, Mayor Cardamone read in its entirety the Mayor's Citation commending the dedication, hard work, enthusiasm, and leadership of team members of the Sarasota High School Lady Sailors Softball Team for winning the 1999, Class 5A Florida State Championship; and presented each of the team members as follows with the signed Mayor's Citation embossed with the City Seal: Tiffany Augello Cally Morrill Whitney Bartlett Christine Middleton Lindsay Bush Jenny Newsome Stephanie Evensen Megan O'Brien Heather Congdon Missy Perez Allie Hilliard Jackie Polino Taylor Holladay Shelly Rohde Lindsay Hugo Jeanne Strofhus Katie Jensen Amanda Ward Meghan Kowal Shelby Weber Stefanie Zuknick Mayor Cardamone continued that for the first time in the history of Sarasota High School, the Sarasota High School Lady Sailors Softball Team is ranked Third in the nation; that the team's enthusiasm and hard work have made the team members ambassadors of goodwill for the City during the exciting and successful softball season; that the Sarasota High School Principal, Daniel Kennedy, and his wife are present in the audience and should be congratulated on the outstanding accomplishment of his students. 4. PRESENTATION RE: MAYOR'S CITATION TO WILLIAM J. WHETZEL FOR THE DEDICATION, ENERGY, AND TIME DEVOTED TO THE PROTECTION AND PUBLIC RECOGNITION OF THE ST. JOHN'S CHAPEL CEMETERY, ALSO KNOWN AS PETER CROCKER MEMORIAL CEMETERY WHICH IS AN IRREPLACEABLE HISTORIC RESOURCE #1 (0485) through (0745) On behalf of the City Commission, Mayor Cardamone read in its entirety the Mayor's Citation commending the dedication, energy, and time devoted to the protection of the St. John's Memorial Cemetery, also known as the Peter Crocker Memorial Cemetery which is an irreplaceable historic resource; that Mr. Whetzel voluntarily donated his time and effort to clean up and restore the historic cemetery; that the work on the project demonstrates civic pride and involvement to the fullest; that the commitment helped preserve part of the City's history; and presented Mr. Whetzel the signed Mayor's Citation embossed with the City Seal. Mr. Whetzel recognized his wife, Sue, Cemetery Trustee, Mary and John Cleary, who act as Cemetery Historians, and thanked the Boston Market and Johnny's Car Wash for the contributions of funds and employees' time, the Commission for the Mayor's Citation, and the following members of the Golden City Women's Club Members who assisted in the project and who are present in the audience: Jane Bertotell, Rose Goff, Laura Hewes, Terri McLelland, Pat Richards, Carolyn Stinson, Barbara Strode, Helen Valentich, and Gwen Whetzel 5. RECOGNITION RE: THE EMPLOYEE APPRECIATION TEAM FOR THE ANNUAL CITY EMPLOYEE PICNIC #1 (0750) through (0850) Mayor Cardamone requested the following people join her before the Commission: Lisa Arcabella, Bonita Butler, Angela Feher, Patricia Frazier, Robert Frazier, Elaine Kid, Donita "Maggie" Sumney, Joseph Taylor BOOK 46 Page 18330 06/07/99 6:00 P.M. BOOK 46 Page 18331 06/07/99 6:00 P.M. Commissioner Quillin stated that the City Employee Picnic was a great success; that the activities for family members were outstanding; that the Staff prepared a wonderful event; that the planning efforts began in January 1999. Commissioner Mason stated that the picnic was the best one ever; that the grandchildren had a wonderful time; that congratulations are extended to the Team for a job very well done; that the challenge is to do even better next year. Commissioner Hogle stated that having attended most of the City Employee Picnics for the entire length of a long career with the City, the event was the best picnic personally attended; that special thanks are extended to Arthur Walls, Police Officer First Class, for his efforts. Vice Mayor Pillot stated that the picnic was a tremendous day for the City; that regrets are extended for his and his wife's inability to attend. Commissioner Quillin stated that the event was part of the effort to create a family atmosphere for City employees; that the City has wonderful employees which many times go beyond the call of duty. Mayor Cardamone thanked the Team for a successful event. 6. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0850) through (0871) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add Board Appointment, Item No. IX-2, Appointment Re: Nuisance Abatement Board, per the request of Mayor Cardamone. On motion of Commissioner Hogle and second of Vice Mayor Pillot, 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. 7. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 17, 1999 - APPROVED AS CORRECTED (AGENDA ITEM-I) #1 (0880) through (0925) Mayor Cardamone asked if the Commission had any changes to the minutes. Mayor Cardamone stated that the word "medium" should be changed to "median" to result in the following: Mayor Cardamone stated . that removing the center turn lane and substituting a median will assist in improving the appearance of the neighborhood. Commissioner Mason stated that the word "no" should be changed to "the" to result in the following: Commissioner Mason stated that the problem has been observed from 14th to 19th Streets. Mayor Cardamone stated that hearing no other changes to the minutes of the Regular City Commission meeting of May 17, 1999, the minutes are approved as corrected by unanimous consent. 8. BOARD ACTIONS: REPORT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD'S REGULAR MEETING OF APRIL 15, 1999 - RECEIVED REPORT; ADMINISTRATION WILL PROCEED WITH NEWSRACK PILOT PROGRAM (AGENDA ITEM II-3) #1 (0950) through (1126) Duane Mountain, Deputy Director of Public Works, and Carolyn Johnson, Chairman of the Parks, Recreation, and Environmental Protection Advisory Board, came before the Commission. Ms. Johnson stated that during the April 15, 1999, Regular meeting of the Parks, Recreation, and Environmental Protection Advisory Board (Board), the following two proposed pilot programs for newsracks were discussed: 1. Board Pilot Program = The Board developed and approved a six-month pilot program for deployment of newsracks for distribution of printed material utilizing a modular newsrack system. No advertising will appear on the newsrack. 2. Industry Pilot Program = Stanley Whitty, Director of PeratiomapDlatribstw, The Sarasota Herald-Tribune Company, has developed a pilot program with the involvement of other local newspaper publishers to utilize a similar modular newsrack system. The program recognizes the City's concern to curtail the number of newsrack boxes, which proliferate at frequently traveled areas. Locations targeted for the pilot program are the Five Points area and Bird Key. The program has all the elements of the Board's program. Ms. Johnson continued that the Board requests the Commission address the newsrack issue. BOOK 46 Page 18332 06/07/99 6:00 P.M. BOOK 46 Page 18333 06/07/99 6:00 P.M. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the persistence of the Board is the reason for the current industry solution to the newsrack problem; that the newspaper industry's pilot program is identical to the one created by the Board; that advertising will not be allowed on any newsrack; that Staff looks forward to proceeding with the industry's pilot program. City Manager Sollenberger stated that the Administration recommends supporting the findings of the Board and receiving the report. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to receive the report. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone asked the status of the industry's pilot program? Mr. Schneider stated that the newspaper industry will have two pilot newsracks installed at the Five Points area and Bird Key Park within a month; that the Administration anticipates returning at the July 6, 1999, Regular Commission meeting with an ordinance concerning newsracks for Commission approval. City Attorney Taylor stated that a Commission workshop is scheduled concerning newsracks; that developing an ordinance without the benefit of a Commission workshop was not previously known. Mr. Schneider stated that a Commission workshop is scheduled for August 2, 1999; that the development of the newspaper industry's pilot program supercedes the necessity for the workshop. Commissioner Quillin asked if St. Armands Circle is included in the industry's pilot program? Mr. Schneider stated that approximately six additional locations, one of which is St. Armands Circle, will be chosen after the first two locations are tested under the pilot program. Mayor Cardamone stated that requirements to make the industry's pilot program a permanent one will be explored; that another ordinance is not required; that an amendment to an existing ordinance could allow the program to proceed. Mr. Schneider stated that the amendment will be prepared with the assistance of the City Attorney's Office. City Manager Sollenberger stated that installation of newsracks on St. Armands Circle will be accomplished on or before September 1, 1999. City Attorney Taylor asked if the August 2, 1999, Commission workshop should proceed? Mayor Cardamone stated yes; that another topic can be chosen for the workshop. City Manager Sollenberger stated that scheduling another topic for the August 2, 1999, Commission workshop will be coordinated with the Office of the City Auditor and Clerk. 9. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY' S REGULAR MEETING OF MAY 12, 1999 - DEFERRED ACTION ON APPLICATION NO. 99-CU-10 TO CONSENT AGENDA NO. 2, ITEM NO. 3; APPROVED FUNDING FOR PLANNING BOARD/LOCAL PLANNING AGENCY (PBLP MEMBERS TO ATTEND A NEIGHBORHOOD CONFERENCE IN ST. PETERSBURGI SET APPLICATION NOS. 99-RE-03, 99-ZTA- 02, 99-ZTA-08, 99-ZTA-07 AND 99-ZTA-01 FOR PUBLIC HEARING; RECEIVED REPORT (AGENDA ITEM II-1) #1 (1250) through (1890) Jane Robinson, Director of Planning and Development, and Lou Ann Palmer, Member of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Ms. Palmer stated that Robert Kantor, M.D., was elected as the Chairman of the PBLP replacing Ms. Palmer as Chairman; that the following items from the PBLP regular meeting of May 12, 1999 were discussed: A. Conference on Neighborhoods: Ms. Palmer stated that a conference on neighborhoods will be held on October 1 and 2, 1999, in St. Petersburg; that funds are requested to allow the PBLP members to attend the conference. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to authorize the funding for the PLPB members who wish to attend the conference on neighborhoods in St. Petersburg. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. B. East of I-75 Commission orkshop: Ms. Palmer stated that a Commission workshop between the City and the County was held on June 6, 1999; that the City is at an important junction of opportunities with the County; that the Commission has supported the PBLP over the past year for which appreciation is expressed. BOOK 46 Page 18334 06/07/99 6:00 P.M. BOOK 46 Page 18335 06/07/99 6:00 P.M. Mayor Cardamone stated that, an informal discussion session with the PBLP is scheduled at 7:30 a.m. on July 22 and July 29, 1999; and asked if the issue of mega-houses will be presented in the near future? Ms. Palmer stated that the mega-house issue is scheduled for the June 24, 1999, PBLP meeting; that Staff will take members of the PBLP for tours of areas under consideration prior to the informal discussion. City Manager Sollenberger stated that an August 16, 1999, Commission workshop is scheduled to review the PBLP's recommendations for mega-houses prior to being set for public hearing. C. Application Nos. 99-CU-10 and 99-SE-I Coastal Recovery Center = 1451 10th Street Ms. Palmer stated that the Application Nos. 99-CU-10 and 99-SE-I will modify the boundary approved on May 1, 1991, under Special Exception Petition No. 91-SE-09, to encompass only the northerly 2.9 +/- acres which is in the Governmental Use (G) Zone District; that the remaining 4.5 +/- acres will be removed from the previously approved Special Exception boundary; that the PBLP recommends deferring action on the matter as a proposed resolution to affirm the PBLP's approval of Application Nos. 99-CU-10 and 99-SE-I will be presented under Consent Agenda No. 2, Item No. 3; that the PBLP found Application Nos. 99-CU-10 and 99-SE-I consistent with the Sarasota City Plan, 1998 Edition, and with the Tree Protection Ordinance and recommends Commission approval. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to defer action on Application Nos. 99-CU-10 and 99-SE-I to Consent Agenda No. 2, Item No. 3. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. D. Application Nos. 99-RE-03, 99-CU-08 and 99-SE-E Sarasota Ford Motor Vehicle Sales Agency Ms. Palmer stated that Application No. 99-RE-03 is a request to rezone the subject property from the Residential, Multi-Family (RMF)-3 to the Commercial, General (CG) Zone District; that Major Conditional Use Application No. 99-CU-08 and Site Plan Application No. 99-SE-E will allow for the expansion of the Sarasota Ford Motor Vehicle Sales Agency; that the property consists of the northern portion of the block bounded by Washington Boulevard, Oak Street, Payne Parkway and South Payne Parkway; that the PBLP found Application Nos. 99-RE-03, 99-CU-08 and 99-SP-E consistent with the Sarasota City Plan, 1998 Edition, and with the Tree Protection Ordinance and recommends Commission approval City Manager Sollenberger stated that the Administration recommends: 1) scheduling the Rezoning Application No. 99-RE-03 for public hearing at the July 6, 1999, Regular Commission meeting and 2) setting Major Conditional Use Application No. 99-CU-08 and Site Plan Application No. 99-SE-E for public hearing at the July 6, 1999, Regular Commission meeting. On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to approve the Administration's recommendations. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yesi Pillot, yes; Quillin, yes; Cardamone, yes. E. Application No. 99-ZTA-02 Re: Townhouses Ms. Palmer stated that the PBLP held a public hearing on May 12, 1999, concerning a proposed revision to the Zoning Code (1998) concerning allowing "Townhouses" as a major conditional use in the Theatre and Arts Zone District (TAD); that the revision will allow urban-type townhouses at a density of a minimum of 30 units per acre and a maximum of 35 units per acre; that minimum unit size standards and various design criteria meant to prevent long, large barn-like buildings would be mandated; that following the public hearing, the PBLP voted to find the proposed Zoning Code (1998) revision consistent with the Sarasota City Plan, 1998 Edition, and recommends the Commission set Application No. 99- ZTA-02 for public hearing. City Manager Sollenberger stated that the Administration recommends setting Application No. 99-ZTA-02 for public hearing. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to set Application No. 99-ZTA-02 for public hearing. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. F. Application No. 99-ZTA-08 Re: Neighborhood Workshop Timing Ms. Palmer stated that the PBLP held a public hearing on May 12, 1999, concerning the timing of required neighborhood meetings for rezoning and conditional use requests; that the proposed revision to the Zoning Code (1998) moves the timing of the required neighborhood meeting from prior to the PBLP public hearing to prior to the submission of the application; that following the public hearing, the PBLP voted to find the proposed Zoning Code (1998) revision consistent with the Sarasota City Plan, 1998 Edition, and recommends the Commission set Application No. 99-ZTA-08 for public hearing. BOOK 46 Page 18336 06/07/99 6:00 P.M. BOOK 46 Page 18337 06/07/99 6:00 P.M. City Manager Sollenberger stated that the Administration recommends setting Application No. 99-ZTA-08 for public hearing. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to set Application No. 99-ZTA-08 for public hearing. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. G. Application No. 99-ZTA-07 Re: Hotels/Motels Ms. Palmer stated that the PBLP held a public hearing on May 12, 1999, concerning development standards for hotels/motels in the Commercial, Central Business District (C-CBD) Zone District; that the proposed revision to the Zoning Code (1998) enumerates the old density standard of a maximum of 50 guest units per acre for hotels/motels; that following the public hearing, the PBLP voted to find the revision to the Zoning Code (1998) consistent with the Sarasota City Plan, 1998 Edition, and recommends the Commission set Application No. 99-ZTA-07 for public hearing. City Manager Sollenberger stated that the Administration recommends setting Application No. 99-ZTA-07 for public hearing. On motion of Commissioner Hogle and second of Commissioner Quillin, it was moved to set Application No. 99-ZTA-07 for public hearing. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot; yes; Quillin, yes; Cardamone, yes. H. Application No. 99-ZTA-01 Re: Laurel Park Overlay District Ms. Palmer stated that the PBLP held a public hearing on May 12, 1999, on a proposed Zoning Code (1998) revision regarding the Laurel Park Overlay District (LPOD) i that the requirement for a Certificate of Appropriateness in the LPOD will be replaced by an administrative review by the Director of Building, Zoning and Code Enforcement of mandatory design standards and a review by the Historic Preservation Board of non-mandatory design guidelines; that following the public hearing, the PBLP voted to find the proposed Zoning Code (1998) revision consistent with the Sarasota City Plan, 1998 Edition, and recommended the Commission set Application No. 99-ZTA-01 for public hearing. City Manager Sollenberger stated that the Administration recommends setting Application No. 99-ZTA-01 for public hearing. On motion of Commissioner Quillin and second of Commissioner Quillin, it was moved to set Application No. 99-ZTA-01 for public hearing. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to receive the PBLP's report of the May 12, 1999, Regular meeting. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 10. BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF MAY 11, 1999 = SET APPLICATION NOS. . 99-HD-09 AND 99-HD-10 FOR PUBLIC HEARING; RECEIVED REPORT (AGENDA ITEM II-2) #1 (1918) through (2023) Jane Robinson, Director of Planning and Development and Craig Holiday, Member Historic Preservation Board, came before the Commission. Mr. Holiday stated that Historic Preservation Board report of May 11, 1999 is as follows: A. Application No. 99-HD-09 The Crisp Building - 1970 Main Street Mr. Holliday stated that based on a review by Staff from the Sarasota County Department of Historical Resources, the Historic Preservation Board unanimously recommends historic designation of the structure located at 1970 Main Street - The Crisp Building, which meets the following criteria listed under Section IV-806(A) of the Zoning Code (1998): 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota County, the State of Florida, or the United States of America; and 3. Is associated with the life of a person who has played a significant role in our local, state or national history; and 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. City Manager Sollenberger stated that the Administration has a neutral position on Application No. 99-HD-09; that the Commission may chose to set Application No. 99-HD-09 for public hearing or decline to act on the matter. City Attorney Taylor stated that Commission must afford all applicants with due process to insure proper legal requirements. On motion of Vice Mayor Pillot and second of Commissioner Quillin, it was moved to set Application No. 99-HD-09 for public BOOK 46 Page 18338 06/07/99 6:00 P.M. BOOK 46 Page 18339 06/07/99 6:00 P.M. hearing. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. B. Application No. 99-HD-10 The Fredrick and Margaret Meyer House 540 South Osprey Avenue Mr. Holliday stated that based on a review by Staff from the Sarasota County Department of Historical Resources, the Historic Preservation Board unanimously recommends historic designation of the structure located at 540 South Osprey Avenue - The Frederick and Margaret Meyer House, which meets the following criteria listed under Section IV-806(A) of the Zoning Code (1998): 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to set Application No. 99-HD-10 for public hearing. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to receive the May 11, 1999, report. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 11. BOARD ACTIONS: REPORT RE: ROSEMARY DISTRICT REDEVELOPMENT ADVISORY BOARD'S REGULAR MEETING OF MARCH 9, 1999 - BOARD TO REMAIN CONSTITUTED TO END OF TERM ON SEPTEMBER 30, 2000; RECEIVED REPORT (AGENDA ITEM II-4) #1 (2020) through (2675) Greg Horwedel, Director, Neighborhoods and Redevelopment, Richard Bass, Chairman, and Daniel Bilyeu, member Rosemary District Redevelopment Advisory Board came before the Commission. Mr. Bass stated that the Rosemary District Redevelopment Advisory Board's Regular meeting was held on March 9, 1999; that the following issues were discussed: A. Disband Rosemary District Redevelopment Advisory Board Mr. Bass stated that the mission for the Rosemary District Redevelopment Advisory Board (Board) was to implement the Rosemary District Redevelopment Plan; that the establishment of the plan demonstrates the Commission has a genuine interest in the neighborhood; that the plan is now a success; that the Board appreciates the opportunity to serve the City; that the Board has had a positive impact on the Rosemary District; that positive activities and events have already taken place and will continue to take place in the Rosemary District; that the Board members feel the synergy and interest in the redevelopment of the Rosemary District is established and will continue to flourish with or without the Board's existence; that as an advisory board, the members have given as much advice and guidance as possible; that one of the last official important acts was to support funding to demolish the walls around the Cohen Way public housing complex; that the Board strongly recommends the Sarasota Housing Authority (SHA) remove the walls; therefore, the Board's recommendation is to disband; that alternately the Board could stay in existence and meet on an "as required" basis or be assigned another neighborhood for review. Mr. Bilyeu stated that the Rosemary District Redevelopment Plan has been completed with the exception of the stormwater assessment plan; that the stormwater assessment plan was superceded by the Interlocal Agreement Between Sarasota County and the City of Sarasota Regarding Total Consolidation of Stormwater Management; that the members of the Board should be considered for appointments to other boards due to the members' talents; that a parking problem now exists in the Rosemary District due to the positive redevelopment activities. Vice Mayor Pillot stated that the Commission appreciates the work of the Board; that the Board is requested to accept the alternative to continue in existence and meet on an "as required" basis. Commissioner Mason stated that the Board has proven extremely valuable to the City; that the mission of the Board is not finished; that more work is required. City Attorney Taylor stated that the Rosemary District Redevelopment Advisory Board was created by resolution in 1996; that a sunset provision established a sunset date of September 30, 2000; that included in the duties of the Board was the assignment of such matters as the Commission wished to direct to the Board. Vice Mayor Pillot stated that the individual members of the Board are invaluable to the City. Mayor Cardamone agreed. Commissioner Quillin stated that patience by the Board is requested; that the Rosemary District neighborhood will require additional work as the Commission has declared 1999/2000 as "The Year of The Neighborhoods "; that more work is required. BOOK 46 Page 18340 06/07/99 6:00 P.M. BOOK 46 Page 18341 06/07/99 6:00 P.M. Commissioner Hogle stated that the Board has done an outstanding job; that the Board may consider directing some effort northward to the area near 17th Street and Central Avenue. Mayor Cardamone stated that the Rosemary District's progress has been amazing; that having lunch or visiting the new Sarasota High School of Arts and Sciences in the Rosemary District gladdens the heart; that the Commission applauds the efforts of the members; that the parking problem was recognized by the Board long before the actual problem arose; that the Commission will address the parking issue. Mr. Bilyeu stated that the Cohen Way public housing complex is another issue to resolve. Mayor Cardamone stated that the Board recommended the $83,000 in question only to remove the wall; and asked if the Board was consulted on any other possible use for the funds. Mr. Bass stated that the funding was recommended for the sole purpose to remove walls around the Cohen Way public housing complex. Mr. Bass stated that Mr. Horwedel and Staff have been invaluable to the progress of the Rosemary District. Mr. Horwedel stated that the Board is a talented group of people; that Staff looks forward to continued work with the Board. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved for the Board to remain constituted as the Rosemary District Redevelopment Advisory Board and meet on an "as needed" basis. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to receive the March 9, 1999, Board report. 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 will have 5 minutes to speak, will be timed and will be advised when 1 minute remains. A11 individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 12. CONSENT AGENDA NO. 1; ITEM NOS. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 APPROVED (AGENDA ITEM III-A) #1 (2680) through (3355) Mayor Cardamone asked for any items the Commission wished to remove for discussion. Commissioner Hogle requested that Item No. 4 be removed for discussion. Commissioner Mason requested that Item No. 22 be removed for discussion. 1. Approval Re: Renewal of contract between the City of Sarasota and Howard Marlowe in the amount of $15,000, for the continuation of Lido Beach lobbying services. 2. Approval Re: Authorization for the Downtown Association to continue work on formulating the Business Improvement District (BID) in downtown. 3. Approval Re: Set for public hearing proposed Ordinance No. 99-4140, adjusting the occupational license fee for engaging or managing businesses, professions or occupations within the City; providing for the severability of parts hereof if declared invalid; providing for repealing ordinances in conflict; providing for reading by title only; and providing for an effective date. 5. Approval Re: Set for public hearing proposed Ordinance No. 99-4143, amending Chapter 24, Personnel, Article II, Pension, Division 3, Police, of the Code of Ordinances of the City of Sarasota, amending Section 24-83, Cost of Living Payments and Adjustments; repealing ordinances in conflict; providing for reading by title only; and providing for an effective date. 6. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute a Utility Construction Reimbursement Agreement between the City of Sarasota and Ball Construction, Inc., for the redevelopment of three residential properties in the Rosemary District located in the alley between 5th and 6th Streets. 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Malcom Pirnie, Inc., (R.F.P. #99-27H) to provide consulting services relative to the assessment of the City's Solid Waste Collection and Recycling Programs. 8. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Frederick Derr and BOOK 46 Page 18342 06/07/99 6:00 P.M. BOOK 46 Page 18343 06/07/99 6:00 P.M. Company, Inc., (Bid #99-33H) for the Municipal Sidewalks Construction Project. 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Post, Buckley, Schuh & Jernigan, Inc., (R.F.P. #99-44H) to provide engineering consulting services for Engineer of Record on an annual basis in regard to publicly owned water, wastewater and reclaimed water systems. 10. Approval Re: Award of contracts and authorize the Mayor and City Auditor and Clerk to execute contracts between the City of Sarasota and David W. Johnston Associates, Inc., Kimley-Horn and Associates, Inc., and Phil Graham & Company, P.A., (R.F.P. #99-49H) to provide professional services as Florida Registered Landscape Architectural Consultants on an "as needed" basis for a one-year period. 11. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and S & R Construction, Inc., (Bid #99-53H) for the construction of the Reuse Main Extension for Ringling Boulevard. 12. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Tri-Tech Construction & Design, Inc., (Bid #99-54H) for the Site Improvements for Whitaker Gateway Park. 13. 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 #99-55H) for the Dr. Martin Luther King Jr. Way Parking Lot Project. 14. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Tri-Tech Construction, Inc., (Bid #99-58L) for the renovation of the Information Management Systems Department (IMSD) in City Hall. 15. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Gator Asphalt Paving, Inc. (Bid #99-59H) for the Pavement Milling/Resurfacing Project for various City streets. 16. 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 Clyde O. Pistole for property located at 706 Searcy Avenue. 17. Approval Re: Amendment to Purchase Agreement between the City of Sarasota and Sixth Street Enterprises for City-owned property located at 1419 and 1429 6th Street. 18. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an amendment for no-cost extension of the agreement between the City of Sarasota and Mote Marine Laboratory for personnel services for the national atmospheric monitoring site on Sarasota Bay. 19. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an amendment for no-cost extension of the agreement between the City of Sarasota and Post, Buckley, Schuh and Jernigan, Inc., for data management for the national atmospheric monitoring site on Sarasota Bay. 20. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an amendment for no-cost extension of the agreement between the City of Sarasota and QST Environmental for analytical services for the national atmospheric monitoring site on Sarasota Bay 21. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an amendment for no-cost extension of the Funding Agreement between the City of Sarasota and Southwest Florida Water Management District On motion of Vice Mayor Pillot and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 4. Approval Re: Set for public hearing proposed Ordinance No. 99-4142, amending Chapter 24, Personnel, Article II, Pension, Division 3, Police, of the Code of Ordinances of the City of Sarasota, amending Section 24-83, Cost-of-Living Payments and Adjustments; repealing all ordinances in conflict herewith; providing for reading by title only; and providing an effective date. Commissioner Hogle stated that proposed Ordinance No. 99-4142 concerns the retirement plan for police officers; that on the advice of the City Attorney and as a retired City police officer receiving benefits under the plan, a conflict of interest exists; therefore, participation in a discussion or vote on proposed Ordinance No. 99-4142 is inappropriate. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve Consent Agenda 1, Item No. 4. Motion BOOK 46 Page 18344 06/07/99 6:00 P.M. BOOK 46 Page 18345 06/07/99 6:00 P.M. carried unanimously (4 to 0) : Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 22. Approval Re: Advertise Community Development Block Grant (CDBG) funds in the amount of $83,000 for the removal of the walls surrounding the Cohen Way public housing complex. Commissioner Mason stated that demolition funding for the walls may not be the best use of funds as the Sarasota Housing Authority (SHA) is unsure of the future of the Cohen Way public housing complex. Victoria Main, Executive Director, Sarasota Housing Authority (SHA), came before the Commission and stated that at the time the Rosemary District Redevelopment Advisory Board offered the funds to the SHA, considerable discussion occurred as the future of the Cohen Way public housing complex was unclear; that the future of the complex is still uncertain; however, the SHA Board of Directors voted to accept the funds as the walls require removal regardless of the disposition of the complex; that the funds offered are essential to the success of the Cohen Way public housing complex and are the only source available for the removal of the walls; that residents insisted the walls remain standing to insure privacy years ago; however, currently the residents have requested the walls be removed to discourage drug trafficking and to encourage the City's assistance in the renovation of the complex. Commissioner Hogle stated that from a public safety viewpoint, the walls should be removed; that a motion to remove the walls will be supported. Commissioner Quillin asked if the bid was awarded? Ms. Main stated that a Request of Proposal (RFP) has not been issued yet. Mayor Cardamone stated that the cost to remove the walls is substantial; and asked if the estimate includes any landscaping after the walls are removed or relocation of the laundry lines? Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that the recommendation of the Rosemary District Redevelopment Advisory Board was to remove the walls and use the balance of the funds for other enhancements to the complex, i.e., new playground equipment; that the agenda item before the Commission is for assistance at the Cohen Way public housing complex; that removal of the walls is the primary use for the funds. Mayor Cardamone stated that the use of funds for anything other than the removal of the walls is opposed. Mr. Hadsell stated that Staff will use the funds solely for the removal of the walls if the Commission sO directs. Commissioner Mason stated that removing the walls is not supported at this time; that the walls should be removed after the SHA decides the disposition of the Cohen Way public housing complex. Commissioner Quillin stated that removing the walls is supported; however, additional expenditures are not supported until the SHA has a clear plan for the future of the Cohen Way public housing complex. Ms. Main stated that the walls require removal; that the playground equipment is also a public safety hazard and should be removed. Mayor Cardamone stated that the playground equipment should be removed if a public safety hazard exists; however, removal does not require funds from the City. City Manager Sollenberger stated that any excess funds could be directed toward the North Sarasota Neighborhood Improvement Program. Mayor Cardamone stated that the amount of excess funds will not be known until the walls are removed. City Manager Sollenberger agreed; and stated that any balance should be considered for use to the North Sarasota Neighborhood Improvement Program. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to remove the walls at the Cohen Way public housing complex and assign the balance of the funds to the North Sarasota Neighborhood Improvement Program. Vice Mayor Pillot asked if the bid process would be monitored by the City to insure compliance with bidding requirements. City Manager Sollenberger stated that the Administration will work with the SHA to verify the proper use of the funds. Mayor Cardamone asked if demolition of the walls includes removal of the rubble? City Manager Sollenberger stated yes; that a large amount of the project cost will be for moving the rubble and landfill tipping fees. BOOK 46 Page 18346 06/07/99 6:00 P.M. BOOK 46 Page 18347 06/07/99 6:00 P.M. Mayor Cardamone stated that the rubble could be used for an artificial reef. City Manager Sollenberger stated that the Administration would explore the possibility of using the rubble for an artificial reef. Mayor Cardamone restated and called for a vote on the motion to remove the walls at the Cohen Way public housing complex and assign the balance of the funds to the North Sarasota Neighborhood Improvement Program. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 13. CONSENT AGENDA NO. 2: ITEM NO. 1 (RESOLUTION NO. 99R-1135) - APPROVED; ITEM NO. 2 (RESOLUTION NO. 99R-1181) - APPROVED; ITEM NO. 3 (RESOLUTION NO . 99R-1182) - APPROVED; : ITEM NO. 4 (RESOLUTION NO. 99R-1183) - APPROVED; 1 ITEM NO. 5 (RESOLUTION NO. 99R-1184) APPROVED; ITEM NO. 6 (RESOLUTION NO. 99R-1185) - APPROVED; ITEM NO. 7 (RESOLUTION NO. 99R-1186) = APPROVED; (AGENDA ITEM III-B) #1 (3350) through (3590) Mayor Cardamone asked for any items the Commission wished to remove for discussion. Commissioner Quillin requested Consent Item 6 be removed for discussion. 1. Adoption Re: Proposed Resolution No. 99R-1135, a Resolution of the City Commission of the City of Sarasota, Florida, pertaining to Sarasota County Ordinance No. 97-082 which provides for the protection of marine turtles; finding that said County Ordinance is not in conflict with any City Ordinance; declaring that Sarasota County Ordinance No. 97-082 shall be enforceable by Sarasota County within the corporate limits of the City of Sarasota; directing that a copy of this Resolution be provided to the Board of County Commissioners of Sarasota County; providing for reading by title only; and providing for an effective date. 2. Adoption Re: Proposed Resolution No. 99R-1181, a Resolution of the City Commission of the City of Sarasota, Florida, 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 the property described in each abatement report for the amount stated therein; providing for reading of this Resolution by title only; and providing an effective date. 3. Adoption Re: Proposed Resolution No. 99R-1182, a Resolution of the City Commission of the City of Sarasota to approve Major Conditional Use Application No. 99-CU-10 to modify a previously approved Special Exception Application No. 91-SE-09 so as to only include real property owned by the City of Sarasota and leased to Coastal Recovery Centers, Inc., a Florida not-for- profit corporation and used as a social services complex in the Governmental Use (G) Zone District; said modification consists of reducing the size of the real property subject to Special Exception Application No. 91-SE-09 sO as to encompass only the northerly 2.89 + acres of the site; said property being located at 1451 Tenth Street, as more particularly described herein; the revised boundaries of said Major Conditional Use shall be in accordance with Site Plan Application No. 99-SP-I as recommended for approval by the Planning Board; providing for the reading of this Resolution by title only; and providing an effective date. 4. Adoption Re: Proposed Resolution No. 99R-1183, a Resolution of the City Commission of the City of Sarasota, Florida, 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 the property described in each abatement report for the amount stated therein; providing for reading of this Resolution by title only; and providing an effective date. 5. Adoption Re: Proposed Resolution No. 99R-1184, a Resolution of the City Commission of the City of Sarasota, Florida appropriating $30,592 from the special Law Enforcement Trust Fund (forfeitures) to provide funds for the City's matching portion of a Bureau of Justice Assistance Block Grant Award totaling $275,331, etc., by title only. 7. Adoption Re: Proposed Resolution No. 99R-1186, a Resolution of the City Commission of the City of Sarasota, Florida authorizing the submission of amended local housing assistance plans for the Sarasota State Housing Initiatives Partnership Program (SHIP); setting forth findings; authorizing reading by title only and providing an effective date. City Auditor and Clerk Robinson read Proposed Resolution Nos. 99R-1135, 99R-1181, 99R-1182, 99R-1183, 99R-1184, 99R-1186 by title only. On motion of Commissioner Mason and second of Vice Mayor Pillot, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 2, 3, 4, 5 and 7. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried BOOK 46 Page 18348 06/07/99 6:00 P.M. BOOK 46 Page 18349 06/07/99 6:00 P.M. unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes, Quillin, yes. 6. Adoption Re: Proposed Resolution No. 99R-1185, a Resolution of the City Commission of the City of Sarasota, Florida, establishing a community development advisory committee; setting forth recitals as to the need for said advisory committee and the purpose to be served; providing for the appointment of members; providing that administrative assistance and technical advice shall be provided by the City's Office of Housing and Community Development to be supplemented, as needed, as provided by the City Commission; providing for the reading of this Resolution by title only; and providing an effective date. Commissioner Quillin stated that the Citizens' Advisory Committee for the Year 2000 Consolidated Plan is important; that the City will appoint three citizens to the Committee, which is composed of eleven people from both City and County representatives. City Auditor and Clerk Robinson read Proposed Resolution No. 99R-1185 by title only. On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to adopt Consent Agenda No. 2, Item No. 6. 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. 14. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4141, TO VACATE THAT CERTAIN WESTERNMOST 60 FOOT LONG AND 30 FOOT WIDE PORTION OF HANSON BAYOU ROAD RUNNING WEST TO EAST FROM THE PORTION OF HANSON BAYOU ROAD PREVIOUSLY VACATED IN DEED BOOK 328 AT PAGE 399 = PASSED ON FIRST READING WITH STIPULATION THAT MAPS BE CORRECTED (AGENDA ITEM IV-A-1) #2 (0135) through (0450) Jane Robinson, Director of Planning and Development and Karin Murphy, ACIP, Senior Planner II, Planning and Development Department, came before the Commission. Ms. Murphy stated that the Application No. 99-4141 concerns Application No. 99-SV-01 for a street vacation of for the western most 60 feet of Hanson Bayou Road on Siesta Key; that the section of Hanson Bayou Road is located in front of lots 161 and 162 of Bay Island Subdivision with a street address of 405 and 421 Hanson Bayou Road; that the purpose of the application is to allow the contiguous property owners, Philip and Brooke Callanen, to erect a gate at the boundary to the property which is the City's right-of-way; that a house is currently being constructed on the Callanen's property; that the Hanson Bayou Read dead ends at the Callanen's driveway; that in order to vacate the street, the applicant will be required to relocate a water and sewer main and a manhole which exists in the right-of-way; that on May 12, 1999, the Planning Board/Local Planning Agency (PBLP) found the Street Vacation Application No. 99-SV-01 consistent with the Sarasota City Plan, 1998 Edition, and recommended approval of the street vacation with the following conditions: 1. The Applicant is responsible for the removal of the water and sewer mains and services from the street area to be vacated; that the water and sewer mains and water meter to be maintained by the City shall be relocated into the remaining public right-of-way. 2. The street vacation shall become effective only after the relocated utilities are inspected and approved by the Department of Public Works and the City records a notice in the Official Records of Sarasota County that the utilities relocation has been satisfactorily completed. Commissioner Quillin asked if the owner of lot number 159 with a street address of 401 Hanson Bayou Road has signed a consent for the street vacation? Ms. Murphy stated that all property owners in the area have access to the properties owned. Mayor Cardamone stated that the various maps differ tremendously, including the alley which is located behind the area vacated, the position of Flamingo Avenue and the lot lines; that the Commission will be unable to make a decision unless the maps are coordinated. City Attorney Taylor stated that the recommended action is to pass proposed Ordinance No. 99-4141 on first reading; that Staff can verify the ownership of the properties between the first and second reading of the proposed ordinance and report back to the Commission. Jerry Armbruster, Attorney, representing the Applicants, came before the Commission and stated that the Callanens are part-time residents, have purchased five lots at the dead end Hanson Bayou Road, and would like to enclose the property with a security fence and gate; that vacating the street will allow construction of a security fence and gate across the vacated property eliminating the necessity to construct an additional 120 feet of fence around the street. Mayor Cardamone opened the public hearing. BOOK 46 Page 18350 06/07/99 6:00 P.M. BOOK 46 Page 18351 06/07/99 6:00 P.M. City Auditor and Clerk Robinson stated that no one has signed up to speak. Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4141 by title only. City Manager Sollenberger stated that the Administration recommends passing Ordinance No. 99-4141 on first reading. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to pass Ordinance No. 99-4141 on first reading, with the stipulation that Staff verify the ownership of the properties between the first and second reading of the proposed ordinance and report back to the Commission. 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. Mayor Cardamone requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex-parte communications concerning the subject property; that the recommendation is to allow 5 minutes for the Applicant's presentation and 3 minutes for rebuttal; that the City will have 3 minutes for presentation and 2 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 3 minutes to speak and 2 minutes for rebuttal; that Affected persons are individuals especially interested in the proceedings due to close proximity to or other special interest in the subject property; that no one has filed for certification as an Affected Person for the two quasi-judicial public hearing of Agenda Item Nos. IV-B-1 or -2; that other interested persons will have 3 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and for cross examination. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to adopt City Attorney Taylor's recommendations for speaker time limits. Motion carried unanimously (5 to 0): Hogle, yesi Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 15. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4137, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 3850 FLORES AVENUE HISTORICALLY KNOWN AS THE RICHARDSON/ /ATWATER HOUSE = PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #2 (0454) through (0719) Mayor Cardamone stated that proposed Ordinance No. 99-4137 provides for the designation of the structure located at 3850 Flores Avenue historically know as the Richardson/Atwater House; that the applicant is Mikki Hartig, agent for Stuart and Paula Kerxton. City Attorney Taylor requested that Commissioner ex-parte communications, if any, be disclosed. Mayor Cardamone, Vice Mayor Pillot and Commissioners Hogle, Mason and Quillin stated that no ex-parte communications have occurred. Mayor Cardamone opened the public hearing. Mayor Cardamone requested that the applicant come before the Commission. Ms. Hartig came before the Commission, gave a slide presentation and stated that the house was built in 1925; that the structure is a single family, one-story, irregular, rectangular-shaped craftsman style bungalow; that the Historic Preservation Board voted at the April 13, 1999, Regular meeting to recommend approval to the Commission based on criteria contained in the Zoning Code (1998) Section IV-806 (A) (4) which states: 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. Ms. Hartig continued that the structure has distinctive visible characteristics of a craftsman style bungalow as demonstrated by the exposed rafters tails, wood frame construction and triple plus front facing gable ends. Mayor Cardamone requested that Affected Persons come before the Commission. City Auditor and Clerk Robinson stated that no one filed for status as an Affected Person. Mayor Cardamone requested Commissioner supplemental remarks, if any. Hearing no Commissioner supplemental remarks, Mayor Cardamone closed the public hearing. BOOK 46 Page 18352 06/07/99 6:00 P.M. BOOK 46 Page 18353 06/07/99 6:00 P.M. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4137 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4137 on first reading. On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4137 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, yes; Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. 16. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4138, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 1643 SIXTH STREET HISTORICALLY KNOWN AS THE HOWARD CHENEY HOUSE - PASSED ON FIRST READING (AGENDA ITEM NO. IV-B-2) #2 (0720) through (0925) Mayor Cardamone stated that proposed Ordinance No. 99-4138 provides for the designation of the structure located at 1643 Sixth Street historically know as the Howard Cheney House; that the applicant is Mikki Hartig, agent for Linda Lee. City Attorney Taylor requested that Commissioner ex-parte communications, if any, be disclosed. Mayor Cardamone, Vice Mayor Pillot and Commissioners Hogle, Mason and Quillin stated that no ex-parte communications have occurred. Mayor Cardamone opened the public hearing. Mayor Cardamone requested that the applicant come before the Commission. Ms. Hartig and Ms. Lee came before the Commission. Ms. Hartig stated that the applicant requests the designation of the house as the H. O. Cheney House rather than the Howard Cheney House as indicated in the proposed ordinance; that the original owner's given name was Howard; however, the original owner was know as H.O. Cheney; that Ms. Lee requests the house be designated as such. Mayor Cardamone stated that hearing a consensus the house will be designated as the H. O. Cheney House. Ms. Hartig gave a slide presentation and stated that the house was built in 1925; that the structure is a one and a half story, single-family, craftsman-style bungalow with a detached garage; that the Historic Preservation Board voted at the April 13, 1999, Regular meeting to recommend approval to the Commission based on the following criteria contained in the Zoning Code (1998) Section IV-806 (A) and (1) (4) which states: 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota county, the State of Florida, or the United States of America; and 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. Ms. Hartig continued that the structure has distinctive visible characteristics of a craftsman-style bungalow as demonstrated by wide eaves, decorative wooden knee braces and distinctive columns framing the front porch. Mayor Cardamone requested that Affected Persons come before the Commission. City Auditor and Clerk Robinson stated that no one has filed for certification as an Affected Persons. Mayor Cardamone requested Commissioner supplemental remarks, if any. Hearing no Commissioner supplemental remarks, Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4138 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4138 on first reading. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4138 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes. 17. CITIZENS' INPUT CONCERNING CITY TOPICS - ADMINISTRATION WILL: 1) PROVIDE A REPORT CONCERNING KOLAR AUTOHAUS AT THE JULY 6, 1999, REGULAR COMMISSION MEETING AND 2) REQUEST THE PUBLIC ART COMMITTEE TO RECONSIDER THE SITE SELECTION OF PHOTON II AND RECOMMEND ALTERNATIVE SITES FOR CONSIDERATION (AGENDA ITEM NO. VI) BOOK 46 Page 18354 06/07/99 6:00 P.M. BOOK 46 Page 18355 06/07/99 6:00 P.M. #2 (0950) through (1964) The following persons came before the Commission: Richard Storm, 707 South Gulfstream Avenue (34236), representing the Bridge Too High Committee, stated that the Commission's support of the case against the Florida Department of Transportation (FDOT) regarding the Ringling Causeway bridge replacement is appreciated; that the recent Administrative Hearings progressed very well; that the City's legal team performed an excellent job; that the Bridge Too High Committee also retained legal counsel for the Administrative Hearing; that every procedural step in the process was performed very well; that additional evidence surfaced during the Administrative Hearing revealing FDOT had abused its power; that as early as 1990, FDOT had specified the bridge project as a 65-foot-high, fixed-span bridge; that the City's chances of winning the case appear very high; that the attorney for the Bridge Too High Committee also has a very positive feeling about the case; that the final witnesses who were citizens who served on either the City's Aesthetic Task Team or the Task Team for the Sarasota/Manatee Metropolitan Planning Organization (MPO) spoke very eloquently; that the Committee is continuing to raise funds from the more than 200 members to pay legal expenses; that the Committee joined individuals from the City of Anna Maria who are still raising funds to pay for legal defense in their successful case against the FDOT; that the Committee is waiting the suggested final order due in approximately three months with optimism. Michael Furen, 2033 Main Street (34237), representing Igor Kolar, and Igor Kolar, 1654 Arlington Street (34239), owner of Kolar Autohaus. Attorney Furen stated that a matter of fundamental fairness and equity involving Mr. Kolar and his business, Kolar Autohaus, located at 2440 South Osprey Avenue is presented; that the composition of the Commission has changed since the last appearance concerning Kolar Autohaus; therefore, a bit of history is required; that the property has been used as a service station or motor repair station since the early 1920's and is a Sarasota landmark; that in 1974, the then-Commission voted to amortize out over a 20-year period commercial uses such as Kolar Autohaus; that in 1994, the 20-year period was extended an additional five years, during which time the Commission considered whether to proceed with amortization, allow the use to continue or provide some other alternative use for the property; that on March 18, 1997, the Commission considered and on a 4-to-1 vote decided to enforce the amortization schedule of the nonconforming property; that effectively on March 18, 1997, the Commission destroyed Mr. Kolar's business; that at that time, several members of the Commission indicated a willingness to be more than fair to Mr. Kolar as the deadline for cessation of use approached and assure Mr. Kolar was treated fairly regarding relocation expenses; however, Mr. Kolar cannot relocate the business as other available sites in the City are much too expensive; that the Administration has attempted to negotiate the purchase of the property which was on the targeted list of the referendum for the Local Option Sales Tax (L.O.S.T.) extension, also called the penny sales tax, for acquisition by the City as a park; that approximately $400,000 was allocated toward the acquisition and conversion to the park; that the Administration's offer for the property, according to real estate brokers who are familiar with properties in the area, is ridiculously low; that the offer is in the range of $100,000 to $140,000 which is well below the value of any developing properties in the area; that the Commission is asked to do equity and justice to Mr. Kolar by approving acquisition of the property by July 9, 1999; that Mr. Kolar will accept $250,000 by July 9, 1999, for the property in the present condition and exclusive of equipment including two above-ground lifts; that Mr. Kolar is in the untenable position of owning a business which has existed since 1990 and which will be ending as of July 10, 1999. Vice Mayor Pillot asked the approximate size of the property? Mr. Kolar stated that the triangular property is approximately 13,800 square feet. Vice Mayor Pillot asked if a certified appraisal as a residential property has been obtained? Attorney Furen stated that approximately three years ago the property was appraised for $110,000 for residential use; that Richard Bass, Appraiser, indicated a new development is opening with values for unimproved lots in the several hundred thousand dollar range; that the appraisals are old and do not reflect the economic loss and cost to Mr. Kolar; that Mr. Kolar desires the Commission to reverse the amortization decision; that the Commission did not grant Mr. Kolar's request for an office land use classification, which use would have been appropriate for the site, during the City's recently concluded Comprehensive Plan process. Vice Mayor Pillot stated that the appraisal is likely too old and asked if a cost estimate to prepare the property for construction of a residential building has been obtained? Attorney Furen stated that an estimated cost has not been determined. Mr. Kolar stated that the property is certified as being environmentally sound with a certificate from the Environmental Pollution Control Department of Sarasota County. BOOK 46 Page 18356 06/07/99 6:00 P.M. BOOK 46 Page 18357 06/07/99 6:00 P.M. Vice Mayor Pillot asked if any current appraisals as a residential property are available? City Manager Sollenberger stated that the City had the property appraised approximately one year ago; that the Administration deems the asking price for the property too high; that an appropriate course would be to negotiate the purchase price; that a Commission meeting is not the appropriate venue for negotiating the transaction; that the appraised value of the property was approximately $109,000 or $110,000 which is similar to the appraisal arranged by the property owner. Mayor Cardamone asked if the consensus of the Commission exists to request the Administration to continue negotiations? Attorney Furen stated that the Commission is requested to broach the subject soon as the owner is in an untenable position and is not a man of financial means; that Kolar Autohaus is closing immediately without any possibility of relocation; that the offer will remain outstanding for a few days and is effectively nonnegotiable. Mayor Cardamone stated that hearing the Commission's agreement, the matter of Kolar Autohaus is referred to the Administration for a report back. City Manager Sollenberger stated that a report will be provided at the July 6, 1999, Regular Commission meeting. Vice Mayor Pillot stated that the intent is to continue good faith negotiations. Daniel Bilyeu, 48 Dade Avenue (34232) representing the Nuisance Abatement Board (NAB), stated that the NAB desperately desires appointment of a member to the NAB; that the NAB has been successful; that a report will be made to the Commission this summer; that many nuisances are being abated before presentation to the NAB which is a reflection on a positive efforts of the Police Department; that hearings and status reports are imminent thus increasing the necessity of filling the vacancy on the NAB; that Linda Holland, who held the position previously, has reapplied for the position and should be able to avoid the learning process involved; that the NAB could continue moving smoothly if Ms. Holland is appointed; that the Commission is encouraged to appoint Ms. Holland to the NAB. William Manley, 888 Boulevard of the Arts (34236), speaking on behalf of the Ad Hoc Committee of the Condominiums on the Bay, stated that the Ad Hoc Committee requests a forum for dialog with the Commission as the Condominiums on the Bay residents were never involved in the decision to locate the artwork entitled Photon II at the park at the end of Boulevard of the Arts; that the Ad Hoc Committee represents most of the residents in the area; that models of Photon II were displayed at City Hall; that lobbying efforts were directed at elected officials at the State and National level; that the Ad Hoc Committee requested involvement in the matter and received no response; that the Ad Hoc Committee requested the meeting minutes of the Public Art Board and permission to attend meetings but was notified of fewer than half the meetings; that the Ad Hoc Committee has held meetings; that the Condominiums on the Bay residents have been surveyed with a 49 percent response rate; that 88 percent of the responses indicated Photon II is not desired at the proposed location; that the park is small, located next to an 18-story building with landscaping five feet tall; that the space cannot accommodate artwork as large as Photon II and still permit airflow; that the installation will visually dominate and effectively divide the citizens from Sarasota Bay; that another location with high traffic volume would be more suitable; that a large concentration of public art already exists in the area, with 14 pieces at the Visual Arts Center and three pieces at the Van Wezel Performing Arts Hall (VWPAH) and the former Selby Library; that a large amount of art is scheduled to arrive as a result of the $170,000 allocation to the VWPAH; that public art should be distributed throughout the City. Vice Mayor Pillot stated that a 49 percent response is amazingly high for any survey. Mr. Manley stated that the remaining 51 percent likely would divide evenly between positive and negative responses resulting in 67 percent negative and 33 percent positive response. Mayor Cardamone stated that correspondence was received from Mr. Manley; that her suggestion in response was to approach the Board of Directors of the G.WIZ museum, which was instrumental in determining the location for the artwork. Mr. Manley stated that the opportunity to meet with the Board of Directors of G.WIZ has not been available; that the appropriateness of approaching G.WIZ is questioned as the City owns the park land, authorized the appropriation, and is the controlling entity; that the City has authorized funds for the artwork; however, an additional $40,000 must be found for the base for the artwork. Vice Mayor Pillot stated that the specific site was not known at the time of Photon II was approved; that a valid argument especially with reference to local traffic has been presented; that the Administration could be requested to cause consideration of other sites prior to a final decision. BOOK 46 Page 18358 06/07/99 6:00 P.M. BOOK 46 Page 18359 06/07/99 6:00 P.M. Mayor Cardamone stated that the criginal perception of the location of Photon II was in front of the Selby Library, not in the green space at the corner of Sarasota Bay. City Manager Sollenberger stated that the Public Art Committee should be requested to reconsider the site selection for Photon II and to examine and recommend alternative sites with a report back to the Commission. Mayor Cardamone stated that hearing the Commission's agreement, the matter is referred back to Administration for further action. City Manager Sollenberger stated that the Public Art Committee will be requested to reconsider the site selection and recommend alternative sites for consideration. Vice Mayor Pillot asked if Mr. Manley will transmit the information back to the Condominiums on the Bay residents? Mr. Manley stated that the information would be relayed to the Condominiums on the Bay residents; that all Public Art Committee meetings will be attended if notification is received; that the Public Art Committee is aware of the Ad Hoc Committee's view. Mayor Cardamone stated that G.WIZ is anticipating the sculpture as part of the science and technology display; that placing the sculpture in front of G.WIZ is not objectionable. Commissioner Quillin stated that her perception as a citizen was Photon II would be located in the circle at the entrance of G.WIZ; that the Public Art Committee should consider that area; that a green space at the side of the G.WIZ building is a nice, visible area. Vice Mayor Pillot stated that the City Auditor and Clerk can assure Mr. Manley receives notification of the Public Art Committee's meetings. City Auditor and Clerk Robinson stated that arrangements will be made to assure notification. 18. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZATION. TO PURSUE THE ACQUISITION BY THE CITY OF THE SARASOTA FEDERAL BUILDING FOR USE AS AN ANNEX TO CITY HALL = AFFIRMED THE ADMINISTRATIONI'S LETTER OF INTENT TO THE GSA; APPROVED THE ADMINISTRATIONI'S SEEKING ASSISTANCE FROM ELECTED FEDERAL LEGISLATIVE REPRESENTATIVES (AGENDA ITEM NO. VII-1) #2 (1957) through (2356) City Manager Sollenberger stated that the City would like to pursue the acquisition of the Sarasota Federal Building at 111 South Orange Avenue for use as an Annex to City Hall. City Manager Sollenberger referred to the December 7, 1998, letter from Edward Driver, Director of Property Management of the General Services Administration (GSA), to V. Peter Schneider, Deputy City Manager, concerning plans of the Social Security Administration (SSA) to relocate offices out of the building; that a potential exists for the GSA to donate the building to the City; that the GSA issued a Notice of Surplus Determination (NOSD) on May 7, 1999, advising the building would be sold; that responses to the notification should be filed within 20 days and referred to his May 24, 1999, Letter of Intent to Thomas Maguire, Director of the Property Disposal Division of the GSA, indicating the City's interest in acquiring the building. City Manager Sollenberger stated that the Administration is requesting affirmation of his May 24, 1999, Letter of Intent and authorization to pursue negotiations with the GSA to donate the building to the City; that obtaining a donation may be difficult as the GSA has been tasked with providing $200 million toward the Everglades Ecosystem Restoration of South Florida; that the Administration is requesting authorization to confer with Dan Miller, US Representative for the 13th Congressional District, to explore alternative means of the City's acquisition of the building. City Manager Sollenberger continued that the sale process calls for both parties to obtain property appraisals before negotiating a Purchase and Sale Agreement; that a city on the east coast of Florida entered into such a transaction, acquiring a Federal property for 10 percent below appraisal; that current office space and anticipated Staff additions would be accommodated by acquiring the building; that the City currently leases office space in other locations in the City. City Manager Sollenberger further stated that cost comparisons have been made for both an acquisition and an addition to the existing City Hall Annex; that the existing Annex requires an additional two floors, with a minimum of 5,000 to 6,000 square feet; that the construction cost would be over $2 million; that the soft costs could bring total costs to approximately $2.5 million; that funds are not available for such expenditure; that a loan will be necessary for either alternative; that the best solution is to affirm the Letter of Intent and provide authorization to explore with Congressman Miller the possibility of having the building donated to the City. Vice Mayor Pillot stated that either an acquisition or an addition to the existing Annex will cost approximately the same; that the disruption to City operations and time involved makes an acquisition more viable. BOOK 46 Page 18360 06/07/99 6:00 P.M. BOOK 46 Page 18361 06/07/99 6:00 P.M. City Manager Sollenberger stated that the disruption would be difficult for Staff; that the 1990 City Hall remodeling project resulted in considerable disruptions in operations. Vice Mayor Pillot stated that the Annex addition would be 5,000 to 6,000 square feet of usable space. City Manager Sollenberger stated that the square footage of the Annex is 5,000 to 6,000 per floor, a total of approximately 10,000 square feet; that the Sarasota Federal Building has 17,000 square feet, a large area on the main floor, two levels above the main area at either end and no floor space between the two floors; that the building probably had been a two-story building opening up to the ceiling. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to affirm the May 24, 1999, Letter of Intent sent to the General Services Administration (GSA) by the City Manager and to authorize the Administration's seeking assistance from elected Federal legislative representatives to have the building donated to the City for restoration to meet the best interests of the City. Commissioner Hogle stated that Staff worked out of trailers located in the parking lot during the Police Department's expansion from three to four floors; that the working conditions were terrible; that repeating such a process would be difficult but could be done; that the Federal building is historically designated; that remodeling plans should be prepared showing handicap accessibility before purchase negotiations are pursued. Commissioner Quillin stated that Staff should explore use of grant funds for remodeling since the building is historical designated; that Congressman Miller and Bob Graham, US Senator from the State of Florida, are aware of the City's interest in acquiring the building; that the building is a jewel which should be kept. Mayor Cardamone stated that over the years, non-public buildings had not been saved which has concerned the historic preservation community; that the community's perception is the Commission has been ineffective in trying to save buildings the City does not own; that buying and saving the building will please people; that a private party could buy the building due to the commercial location; that commercial development of the building will again concern the community; that the building is beautiful, sturdy, classic, and representative of buildings in communities all over America. Mayor Cardamone called for a vote for the motion to affirm the May 24, 1999, Letter of Intent sent to General Services Administration (GSA) by the City Manager and to approve the Administration's seeking assistance from elected Federal legislative representatives to have the building donated to the City for restoration to meet the best interests of the City. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 19. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE LIDO KEY SHORE PROTECTION PROJECT STUDY PLAN AND THE U.S. ARMY CORPS OF ENGINEERS (USACOE ) FEASIBILITY STUDY COST SHARING AGREEMENT = APPROVED (AGENDA ITEM NO. VII-2) #2 (2378) through (2432) Alexandrea Hay, Deputy Director of Enginering/Deputy City Engineer, came before the Commission and stated that the Agreement between The Department of the Army and The City of Sarasota, Florida for the Lido Key Shore Protection Project Feasibility Study is a cost sharing agreement between the City and the U.S. Army Corps of Engineers (USACOE) ; that the Agreement was presented to the Commission previously in July 1998; that the USACOE took ten months to review the Agreement and had a few modifications; that the Administration has reviewed and accepted the modifications; that the cost of the project has not changed at $700,000, with a 50/50 percent split and completion of the Feasibility Study in two years. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to approve the Agreement between The Department of the Army and The City of Sarasota, Florida for the Lido Key Shore Protection Project Feasibility Study and to authorize the Mayor and City Auditor and Clerk to execute the Agreement. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 20. UNFINISHED BUSINESS: DISCUSSION RE: 1999-2000 ACTION FOR THE PROPOSED USES OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) FUNDS = AUTHORIZED STAFF TO ADVERTISE PROPOSED CDBG AND HOME PROJECTS INÇLUDED IN THE 1999-2000 ACTION PLAN AS REQUIRED BY THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) (AGENDA ITEM NO. VII-3) #2 (2432) through (2610) Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that the Commission at the May 17, 1999, Regular Commission meeting directed Staff to review and revise funding in the 1999-2000 Action Plan for the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Programs; that the proposed budget includes the following revisions: BOOK 46 Page 18362 06/07/99 6:00 P.M. BOOK 46 Page 18363 06/07/99 6:00 P.M. 1. The North Sarasota Neighborhood Improvement Program funding was reduced by approximately one-half from $305,000 to $155,000. 2. The Janie Poe Pressure Washing and Painting funding was reduced to $100,000. 3. The Sevilla Park Phase II recommended funding of $45,000 remained with no change. 4. The Commission's request to add $25,000 for the Sarasota Housing Authority (SHA) Fire Alarm Panel Replacement was incorporated. 5. The Salvation Army Capital Campaign was added at a cost of $100,000. 6. The Installation of Community Kitchen sponsored by the SHA was added at a cost of $28,000. 7. The request of Suncoast Center for Independent Living/Home Modification for Persons with Disabilities to install handicap ramps in homes throughout the City at a cost of $6,000 was funded. On motion of Vice Mayor Pillot and second of Commissioner Quillin, it was moved to authorize Staff to advertise the proposed CDBG and HOME projects in the 1999-2000 Action Plan as required by the US Department of Housing and Urban Development (HUD). Mayor Cardamone stated that Staff is complimented for the revised budget which takes into consideration the expressed wishes of the Commission; that consideration should be given to using non- institutional colors for the Janie Poe painting project. Commissioner Quillin stated that Keep Sarasota Beautiful (KSB) has a painting program; that the SHA may consider partnering with KSB to reduce the painting costs. Mayor Cardamone called for a vote on the motion to authorize Staff to advertise proposed CDBG and HOME projects included in the 1999-2000 Action Plan as required by the US Department of Housing and Urban Development (HUD). Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 21. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SARASOTA AND DOOLEY & MACK/FORRISTALL FOR THE RENOVATION OF THE VAN WEZEL PERFORMING ARTS HALL - APPROVED (AGENDA ITEM NO. VII-4) #2 (2451) through (2755) City Manager Sollenberger stated that Dooley & Mack/Forristal, construction managers for the renovation project at the Van Wezel Performing Arts Hall (VWPAH) has established a guaranteed maximum price for the VWPAH renovation at $19,242,948; that funds are available to pay for the project. William Mitchell, Executive Director, Van Wezel Performing Arts Hall (VWPAH), came before the Commission and stated that the final renovation price is satisfactory; that the process has been long; that fund-raising efforts have been remarkable. Vice Mayor Pillot asked if the Commission could tour the VWPAH renovations? Mr. Mitchell stated that major construction is on-going; therefore, the building is currently off limits; that the VWPAH site will be ready for inspection in early July 1999. Mayor Cardamone asked if local subcontractors are being used by the general contractor? Mr. Mitchell stated that Dooley & Mack/Forristall is a local company and uses local workers whenever possible. Mayor Cardamone asked the projected opening date of the VWPAH? Mr. Mitchell stated that the season reopening is scheduled for October 2000; that a grand reopening in the Spring of 2000 would be too difficult; that having an opening with everything fine tuned is preferable; that a Broadway musical was being considered as the opening event; however, the cost was prohibitive; that obligations to local groups will be met by holding presentations in a tent. Vice Mayor Pillot asked the date for turn-key completion of the project? Mr. Mitchell stated that major construction work should be completed by mid-summer 2000; that an additional 45 days after completion of the construction work will be required to fine tune technical systems. Vice Mayor Pillot asked if the project VWPAH will be dark until October 2000? Mr. Mitchell said yes. Mayor Cardamone asked for clarification of the phrase "substantially completed" as used in the First Amendment to the Agreement between the City and the construction managers. Mr. Mitchell stated that "substantially completed" is the date the audience can enter the VWPAH. BOOK 46 Page 18364 06/07/99 6:00 P.M. BOOK 46 Page 18365 06/07/99 6:00 P.M. Commissioner Hogle stated that last month's VWPAH Board meeting was attended with Vice Mayor Pillot and Commissioner Quillin; that the Board retained a consulting company to oversee the renovation; that retaining a site management company is a wise decision. Mr. Mitchell stated that on-site management is cost effective. Mayor Cardamone agreed. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to approve the First Amendment to the Agreement between the City of Sarasota and Dooley & Mack/Forristall to allow for Construction Manager Services for the renovation of the Van Wezel Performing Arts Hall at the Guaranteed Maximum Price of $19,242,948 and to authorize the Mayor and City Auditor and Clerk to execute such Agreement. Motion carried unanimously (5 to 0): : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 22. NEW BUSINESS: DISCUSSION RE: SARASOTA COUNTY'S IMPACT FEES = AUTHORIZED THE CITY ADMINISTRATION AND LEGAL STAFF TO INITIATE A FEASIBILITY REPORT FOR OPTING-OUT OF THE COUNTY ROAD IMPACT FEE PROGRAM AND TO PROVIDE THE COMMISSION WITH A FULL REPORT ON THE RAMIFICATIONS AS EARLY AS POSSIBLE PRIOR TO SEPTEMBER 30 1999 (AGENDA ITEM NO. VIII-1) #2 (2759) through #3( (0823) City Manager Sollenberger stated that two issues are involved concerning impact fees: 1. The County is proposing increases in impact fees for the libraries, parks and roads; and 2. The City may wish to consider terminating participation in the County's road impact fee program. City Manager Sollenberger stated that road impact fees are calculated according to a technical formula designed by the County; that the City does not have the research capability to duplicate the County's analysis. City Manager Sollenberger continued that the Administration's recommendation is to take no position on the County's proposed changes to the impact fee schedule, particularly road impact fees; that the County will hold a public hearing regarding impact fees on June 22, 1999; that the Commission has raised the question of the City's participation in the County's impact fee program in the past; that impact fees are assessed for libraries, parks and roads; that the City functions as part of an overall County system for both libraries and parks; however, other issues are involved with the road impact fee program. Dennis Wilkison, General Manager of Planning Services for Sarasota County, and Douglas James, Chief Planner of the City's Planning and Development Department, came before the Commission. Mr. Wilkison stated that impact fees are administered by the County; that the City must ask permission from the County to use road impact fees; that the use of road impact fees is restricted; that the restrictions may not coincide with the City's requirements; that the County's road impact fee program is based on a suburban model; that the City of Sarasota is built out; therefore, different criteria may be more applicable in calculating road impact fees for the City; that road impact fees collected in the City may be used outside the City; that a portion of the road impact fees supports County staff; that the considerations are presented to assist the Commission in making a decision; that the City Attorney has ruled in the past the City does have the option to terminate the road impact fee relationship with the County; that termination procedures are outlined in the Road Impact Fee Interlocal Agreement; that termination could occur in September 2000, allowing the City enough time to design a road impact fee program; that the City requires an impact fee program due to building activity in downtown Sarasota; that building and improvements are financed by impact fees; that designing and implementing a City road impact fee program will take time if the Commission decides to opt-out of the County's program. Mayor Cardamone asked for an explanation the opt-out process. City Attorney Taylor stated that the opt-out process is detailed in the July 3, 1990, Road Impact Fee Interlocal Agreement between the County and the City of Sarasota; that the Commission can hold a public hearing in its capacity as the City of Sarasota Road Facilities Service District Advisory Committee and make recommendations; that the City Commission makes the final decision; that the opt-out process should take approximately four months without complications; that the opt-out could only occur at the end of a FY which is September 30th in a particular year; that opting out for 1999 is unrealistic; that an opt-out process for September 2000 is still viable; that an estimate of time, costs and logistics must be determined before a program is initiated; that a consulting company could provide the required information; however, the consulting costs could be substantial; that a State agency might be able provide cost information to aid the Commission in making a decision. Commissioner Quillin stated that the library and park impact fees are not a concern; however, road impact fees are a concern; that new roads are not being built; that road impact fees could be BOOK 46 Page 18366 06/07/99 6:00 P.M. BOOK 46 Page 18367 06/07/99 6:00 P.M. used for road infrastructure work; and asked the procedure used by the City to petition the County for road impact fees? Mr. Wilkison stated that the City submits a request to the County; that the request must demonstrate the project involves new growth and capacity adding; that a legal test of the project is required whether the project is funded by a County or City road impact fee program; that the County's definition of capacity adding is very conservative; that the Capital Improvement Program (CIP) currently has all the road projects the City requested; that an issue in the past has been sidewalks; that sidewalks do add a certain amount of capacity but not enough to constitute total reimbursement under the road impact fee program; that the lack of sidewalks on existing roads which are being rebuilt is considered an existing deficiency and not fundable from road impact fees. Mayor Cardamone asked if bike lanes and medians constitute adding capacity? Mr. Wilkison stated that the measurable portion of a project which demonstrates capacity adding would probably be fundable as long as the expenditure is attributable to new growth; that road impact fees may not be used for road repaving or maintenance; that measurable criteria is applied whether a County or City road impact fee system is used; that the County currently develops, maintains and defends the system; however, the City uses the fees. Commissioner Quillin stated that County Staff may benefit from sitting on the opposite side of the Commission table; that the City of Sarasota is the County seat; that population has remained stable except for the time the suburban population comes into the City for work; that the City collects road impact fees but must obtain the County's approval for use; that sidewalks and bicycle lanes are alternative means of transportation to move people; that the County might consider revising the criteria for road impact fee use; that the City's neighborhoods and roads have been impacted greatly over the past ten years; and asked for suggestions to help the suburbs and City work together. Mr. Wilkison stated that the County has to defend City expenditures; that the County has not specifically denied City requests to fund projects other than sidewalks; that funds from road impact fees are available in the City's CIP; that the County can defend the request for intersection improvements as long as the City demonstrates the improvements add capacity. Vice Mayor Pillot stated that the City must adhere to all applicable laws and regulations to expend CIP dollars; and asked if 100 percent of the funds raised in the City, in accordance with law, would be spent in the City if the program was administered by the City? City Manager Sollenberger stated yes. Vice Mayor Pillot asked if 100 percent of the funds raised in the City was actually spent in the City in the past? Mr. Wilkison stated that the County provides a report from the County's Fiscal Planning Implementation Department, formerly the Budget Department, indicating expenditures; that expenditures in adjacent districts can be funded; however, a public hearing must be held; that funding is based on substantial evidence the funds benefit the specific projects paying the road impact fees; that the rationale for the expenditure is tested more rigorously than the rationale nexus test used for general impact fee expenditures. Mayor Cardamone stated that administrative dollars are taken from funds generated in the City to operate the program but not necessarily to operate the program within the City. Mr. Wilkison stated that the question is slightly different; that the City pays the County a 2 1/4 percent administrative service charge which is not part of the impact fees paid on roads, parks and libraries allocated as follows: 1 percent Operations of the Building Department 1 percent General Fund for accounting services 1/4 percent General Fund for system maintenance Mr. Wilkison stated that the County's administrative costs are actually 3 1/4 to 3 1/2 percent. Vice Mayor Pillot asked if City administration of impact fees would eliminate a layer of decision making? City Manager Sollenberger stated that one layer of decision making would be removed; that the County's system is a suburban system versus a system which would be designed for an organized, mature, built-out community. Vice Mayor Pillot stated that a savings may not be realized if administration and staffing are taken into account. Commissioner Hogle stated that fee inequity is evident with new development; that developers of the proposed Ritz Carlton project will be required to pay to add a roadway if the development proceeds at Gulf Stream Avenue and US 41 and will also be required to pay road impact fees under the County's program; that the developer is taxed twice; that the City should have input into the County's system or move forward with a new system to correct the unfairness. BOOK 46 Page 18368 06/07/99 6:00 P.M. BOOK 46 Page 18369 06/07/99 6:00 P.M. City Attorney Taylor stated that the City Attorney's Office has not conducted a study to determine appropriate expenditures under a City administered road impact fee system; that the County's system is conservative and was developed under a certain set of studies and presumptions for an environment other than a City municipality; that a City road impact fee system could legally and justifiably function differently than the County's based upon a transportation capacity analysis for a built-out area such as the City. Mayor Cardamone stated that the County has successfully defended the system. City Attorney Taylor stated that is correct. City Manager Sollenberger stated that the question is if the County system is the right one for the City; that issues have arisen regarding use of funds for coordination and synchronization of traffic signals, which the County does not view as adding capacity; that the County is not being difficult; that the County's interpretation of projects is very conservative and different from the City's; that the County has one of the preeminent road impact fee programs in the State; that the system has been defended in a number of landmark court cases; that the City will have to invest in a very extensive feasibility study and obtain legal advice in establishing its own system. Mayor Cardamone asked if road impact fees rather than General Fund revenues can be used for the study and legal advice? City Manager Sollenberger stated yes. Commissioner Quillin stated that impact fees are supported; that growth should pay for itself; that the concern is the incorporated areas are built out; that impact fees may not be the appropriate funding vehicle in the City; that alternative funding methods to meet City growth could be considered; that the primary concern should be the impact on City residents; that for example, the City has a desperate requirement for day care centers; and referred to the chart entitled Comparison between the Existing 1998 Road Impact Fee Schedule and the Proposed 1999 Road Impact Fee Schedule which indicates the increase in road impact fees for a day care center as follows: 1998 1999 1,000 square feet $4,757.04 $5,080.76 Commissioner Quillin stated that the lack of adequate day care centers for working citizens is understood due to the high cost of impact fees; that a comparison can be made to a single-family home which has a proposed 1999 road impact fee of $1,630.40; that alternative funding methods should be considered; that the requirement to proceed with the process is understood; however, a study on alternative funding methods to meet the City's road impact requirements should be conducted. Kerry Kirschner, 1590 Gulf View Drive (34236) Executive Director of the Arqus Foundation, came before the Commission and stated that the Foundation is concerned with the entire impact fee program relating to the City of Sarasota; that funds appropriated under the City impact fee program are also appropriated under the CIP of the County; that the City roads have not been improved by the County over the years; that the City Commission went on record against the widening of Myrtle Street; however, the County used City impact fees to widen Myrtle Street; that fees should be accessed against properties in a legal, fair and equitable manner to improve incorporated areas; that a court recently ruled special assessments or fees for services are not tax related; that the power of State and Local governments to levy taxes is governed by the State Constitution; that the law is specific regarding a valid or invalid assessment; that a legally imposed special assessment is not a tax; that special assessments must confer a special benefit upon the land burdened by the assessment; that the court ruled an assessment levied by the City of Boca Raton, Florida, against the downtown property owners to revitalize the downtown area was a valid assessment under the legal criteria; that the same criteria could be adopted by the City; that a broader category for use of the fees could be established; that a special assessment could replace impact fees. Mayor Cardamone stated that the Argus Foundation has previously presented similar arguments to the Commission; that each time the Commission indicated an interest in opting-out of road impact fees, efforts went in another direction and the deadline for opting-out was missed; that an "in lieu of impact fee" is being proposed; and asked for clarification. City Attorney Taylor stated that the difficulties of controlling, scheduling and managing impact fees could be eliminated if another form of assessment were levied; that the assessment could be as simple as a flat fee; that the City could participate in the County's impact fees for libraries and parks have an "in lieu of impact fee" for road construction and related projects. City Manager Sollenberger stated that documentation indicates alternatives ways to raise money are available; that the ramifications of opting-out of road impact fees and still collect the funds necessary to make improvements without limitations should be explored. Mayor Cardamone agreed; and asked the wishes of the Commission. Vice Mayor Pillot stated that the Administration's recommendation concerning the Country's impact fee program for libraries and parks would be appreciated. BOOK 46 Page 18370 06/07/99 6:00 P.M. BOOK 46 Page 18371 06/07/99 6:00 P.M. City Manager Sollenberger stated that staying in the County's impact fee program for libraries and parks benefits all citizens. Vice Mayor Pillot stated that the City cannot opt-out of the County's program by September 30, 1999. City Manager Sollenberger stated that more time is necessary. Commissioner Quillin agreed. City Attorney Taylor stated that road impact fees under the Interlocal Agreement with the County will be collected through September 30, 2000. Mayor Cardamone stated that the timing is a concern; that concerns regarding road impact fee should have been addressed previously; that additional suggestions for road impact fees are necessary. Vice Mayor Pillot stated that alternatives to road impact fees will be part of the opting-out decision-making process. Mayor Cardamone stated that growth must help pay for itself; that the question is if the City is benefiting from impact fees. Commissioner Hogle stated that opting-out should be a high priority for the City due to the dollars involved. Vice Mayor Pillot asked the timeframe by which an alternative impact fee proposal can be presented? City Attorney Taylor stated that an opt-out analysis could be ready in approximately two months, i.e., the beginning of August 1999. City Manager Sollenberger stated that the timeframe will be tight. Vice Mayor Pillot stated that a plan should be formalized due to the strong implications to County Staff and the community-at- large. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to authorize the Administration and Legal Staff to initiate a feasibility study for opting out of the County road impact fee program and to provide the Commission with a full report on the associated ramifications as early as possible. Mayor Cardamone asked if the motion implies the report should be completed prior to September 30, 1999. Vice Mayor Pillot stated yes. Commissioner Quillin stated that the motion is premature; that the Commission should be advised of the financial implications of opting-out and alternative solutions. Vice Mayor Pillot, as maker of the motion, and Commissioner Hogle as seconder, agreed the motion should incorporate providing the report at the earliest possible date prior to September 30, 1999. Mayor Cardamone stated that the motion is supported if the report will incorporate some idea regarding "in lieu of impact fees." Vice Mayor Pillot stated that the intent of the motion is to address ramifications and alternatives to opting-out. Mayor Cardamone called for a vote on the motion to authorize the City Administration and Legal Staff to initiate a feasibility study for opting out of the County road impact fee program and to provide the Commission with a full report on the associated ramifications as early as possible prior to September 30, 1999. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 23. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE ENCROACHMENT PERMIT FOR MORTON'S MARKET = APPROVED (AGENDA ITEM NO. VIII-2) #3 (0795) through (1731) Alexandrea Hay, Deputy Director of Engineering/Deputy City Engineer, came before the Commission and stated that the former Morton's Market on Osprey Avenue had a 10-foot encroachment on Osprey Avenue from the second floor roof overhang prior to demolition; that the new market under construction has been permitted; that the new construction will have an 8-foot encroachment on Osprey Avenue from the balcony's architectural treatments of columns and towers; that the second story balcony will have outdoor seating; that a 6-foot path will remain for pedestrian access; that the Administration recommends approval of the encroachment permit. Commissioner Quillin asked the reason a building permit was issued for a nonconforming building? Ms. Hay stated the history of issuing the building permit is not immediately known. Commissioner Quillin stated that the original building was nonconforming before being demolished; that the new building will also be nonconforming. City Manager Sollenberger stated that the original building permi t was issued for a remodeling construction project which met the remodeling criteria of the previous Zoning Code (1981); that BOOK 46 Page 18372 06/07/99 6:00 P.M. BOOK 46 Page 18373 06/07/99 6:00 P.M. existing walls and structural materials shown in the original plans were to remain; that construction problems arose; therefore, the walls and structural material were removed; that the project developed into a total rebuild project; that the permit was issued following approved definition criteria as the original plans proposed met the definition criteria for remodeling; that the plans, under the definition criteria, required review only by the Building Department; that the Engineering Department only becomes involved if the proposal is a rebuild project. Commissioner Quillin stated that the building under discussion is not Morton's Market; that the Morton's Market building was sold and demolished; that the demolished building was a nonconforming structure in a Commercial Neighborhood (CN) Zone District; that the 20-foot front yard setback requirement was not met; that the property has new owners; that the current Zoning Code (1998) requires a 20-foot front yard setback from the street. Commissioner Quillin referred to Section V-103.E, Zoning Code (1998) as follows: Any nonconforming structure which is destroyed or damaged (either gradually or suddenly) to fifty percent (50%) or more of its assessed value may be repaired or restored only if the structure conforms to the standards of these regulations for the zoning district in which it is located.. Commissioner Quillin stated that the provision was also contained in the previous Zoning Code (1981); that the current construction does not conform to the guidelines; that the proposed building is new construction and should conform to the district standards of a 20-foot setback; that the Zoning Code (1998) is law; that not following the guidelines is improper; that variances should not become precedence; that the original setback guidelines for the former the Morton's Market building were appropriate for the zone district; that granting an encroachment permit is not fair; that rules should not be changed to fit the circumstance. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated the Morton's Market project went through site and development plan approval with both the Development Review Committee (DRC) and the Planning Board/Local Planning Agency (PBLP); that construction was permitted under the previous Zoning Code (1981), which had conflicting regulations regarding nonconforming structures; that a structure could be rebuilt as long as an existing non-conformity was not increased; that the provision was revised in the new Zoning Code (1998); that the previous Zoning Code (1981) interpretation was used to rebuild the burnt down Hillview Grill; that rebuilding the old Morton's Market eliminated many of the nonconformities. Vice Mayor Pillot asked if the remodeling of Morton's Market was permitted under the old regulations? Mr. Litchet stated yes. Mr. Litchet stated that the encroachment problem probably would not now occur under the new Zoning Code (1998) which is substantially different from the previous Zoning Code (1981); that the new requirements stipulate all new rebuilding must meet the existing requirements of the Zoning Code; that rebuilding nonconforming buildings constructed before the 1974 Fire Prevention Code will have variance difficulties under the new Zoning Code (1998). Mayor Cardamone asked the manner in which a project can start as remodeling a building and become new construction? Mr. Litchet stated that the Engineering Department was not required to review the original plans under the Zoning Code (1981); that as a result, encroachment problems now exist; that the original plans reviewed by the PBLP indicated existing wall structure and structural material would remain from the old building; that problems arose during demolition; therefore, the old walls and material were removed. Mayor Cardamone stated that a building permit would not have been issued if the regulations of the Zoning Code (1998) were followed. Mr. Litchet stated that rebuilding the structure would require a 20-foot setback; that otherwise, a variance from the Board of Adjustment would be required. Commissioner Quillin stated the Hillview Grill was rebuilt by the original owner; that Morton's Market is being rebuilt under new owners and with new plans; that the encroachment permit requested is 8 feet; that the original encroachment was 10 feet, which was for a second floor roof overhang; that the encroachment will accommodate ten non-structural columns of concrete mason bases, two concrete slabs and concrete mason archway bases with the archway entrance built out to the public right-of-way; that the southern end of the structure extends onto public sidewalks; that the new encroachment is quite different from the original permit; that a 6-foot sidewalk may not accommodate wheelchairs in the heavily trafficked area; that the community has requested the speed limit be lowered to 15 miles per hour (mph) i that a 6-foot sidewalk raises safety issues; that a redesign of the plans should be considered for better alternatives. Vice Mayor Pillot asked if the building permit was issued under old regulations? Mr. Litchet stated yes. BOOK 46 Page 18374 06/07/99 6:00 P.M. BOOK 46 Page 18375 06/07/99 6:00 P.M. Vice Mayor Pillot stated that the Commission has alternatives and prerogatives; however, the question is if the request was allowable under the then-existing regulations? Mr. Litchet stated that the response is "yes." Mayor Cardamone stated that Morton's Market was issued an encroachment permit to accommodate only the 10-foot, second floor roof overhang which was allowable; that the request now is for an 8-foot overhang already constructed over the sidewalk; that the new overhang is not as large as the old one; and asked the reason the project is considered a rebuild? Mr. Litchet stated that the encroachment permit is the issue being considered which the Commission has the prerogative to allow or not allow; that the response to the question, "Can the Commission grant this request?" is affirmative; that the encroachment permit is a tool the Commission can use to grant anything to encroach the right-of-way. Vice Mayor Pillot stated that the question is accurately phrased. Mr. Litchet stated that the columns are decorative and not structural; that the columns can be removed; that the developers can respond regarding details of the construction project if desired. Mayor Cardamone stated that the interpretation is the encroachment permit is a replacement and not new construction on the sidewalk. Mr. Litchet stated that an existing nonconformity is not being increased; that the previous Zoning Code (1981) stipulated the distance the nonconformity encroached. Commissioner Quillin stated that the Board of Adjustment would review the site plan for nonconformities under the new Zoning Code (1998), make necessary adjustments and issue any variances. Mr. Litchet stated that the Board of Adjustment could grant the variances to allow the property to the property line; however, an encroachment permit requires Commission approval. Commissioner Hogle stated that the building plan indicates a very artistically designed building. Mayor Cardamone asked if the archway is a facade or if a person can walk from the sidewalk under the overhang through the archway? Edward Morton, Morton Plaza Limited, Bruce Franklin, Architecture Design Planning Group (ADP), and Roy Haggard, ADP, architect of record, came before the Commission. Mr. Morton stated that the old Morton's Market was sold; that the present construction project was started by the new owners. Commissioner Quillin stated that the name of the new market will be Morton's Market; that the new owners initiated the new construction. Mr. Franklin stated that ADP met with all the appropriate City Departments from the beginning and during the project to review the building plans; that the building was and is nonconforming with respect to the front yard setback; that an easement was granted to the old Morton's Market years ago to accommodate the brick veneer extension; that the new structure is set back to the property line; that the large entry area addressed the nonconforming front yard setback; that the overhang was decreased from 10 to 8 feet; that the columns are non-structural architectural features, built on slab precast concrete columns bolted down; that the old market did not have columns or concrete walls. Mr. Franklin continued that the structure provides significant architectural enhancement as well as a covered pedestrian walkway; that the building does not take anything away from the community; that a 6-foot clear access zone exceeds the requirements of the American's with Disabilities Act (ADA); that the 5 feet between the columns and walls of the building is open for public access; that the site plan indicated all the building enhancements; that the construction is a renovation more than just a remodel; that the original plans reflected utilizing the existing structural shell of the building; however, the structure shell proved unsafe; that the foundation was replaced and built with the proper structural steel materials; that the new construction reflects safety and code issues not addressed in the original building; that the Administration and Staff were apprised as every change was made; that changes were fully documented. Mayor Cardamone stated that a 6-foot clear path exists on the outside of building between the curb and the columns; that a 5-foot covered walkway exists between the columns and wall. Mr. Franklin stated that the 6-foot walkway considers an additional 2 feet required for a passenger car side door to open; that the walkway is closer to 8 feet in the Clear dimension if car doors are closed. Mayor Cardamone stated that part of the walkway is under cover due to the overhang. Mr. Franklin stated that the entire loger (overhang) from the north to south end would be pedestrian loger (overhang). Mayor Cardamone asked the width of the column and archway facade? BOOK 46 Page 18376 06/07/99 6:00 P.M. BOOK 46 Page 18377 06/07/99 6:00 P.M. Mr. Franklin stated that the columns are on 10 foot centers and are 2 feet in diameter; that the archway is about 20 feet in overall width; that the columns and archway could be removed or altered without affecting the structural integrity of the building; that the steel content of the second floor is twice as much as in the original building. Commissioner Quillin stated that ADA parking requirements which are 15 feet to accommodate a van with a lift are not indicated on the drawing; that street parking does not meet ADA requirements. Mr. Franklin stated that is correct; however, parking nonconformity was decreased and brought up to current standards; that substantial improvements were made; that the entire site has only increased 800 square feet. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to approve the encroachment permit and authorize the Mayor and City Auditor and Clerk to execute the encroachment permit. Commissioner Quillin stated that the building is beautifully designed; however, a precedence cannot be set. Mayor Cardamone called for a vote on the motion. Motion carried (4 to 1): Hogle, yes; Mason, yes; Pillot, yes; Quillin, no; Cardamone, yes. 24. NEW BUSINESS: REPORT RE: PROGRESS OF GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORPORATION (GNCRC) AND CONTRACT EXTENSION REQUEST - APPROVED (AGENDA ITEM NO. VIII-3) #3 (1732) through #4 (1074) Gregory Horwedel, Director of Neighborhoods and Redevelopment, Cynthia Porter, Executive Director, Greater Newtown Community Redevelopment Corporation (GNCRC) and Jetson Grimes, President, Board of Directors, Greater Newtown Community Redevelopment Corporation, came before the Commission. Ms. Porter acknowledged and thanked the GNCRC Board and City Staff and Officials for the support and assistance of the GNCRC program; that GNCRC has grown and developed into an organizational vehicle to help the City with efforts to enhance the Newtown community area north of the City; that GNCRC has instituted programs to unite the community, established economic initiatives, and provided leadership to the neighborhood. Ms. Porter continued that business retention and expansion surveys have been completed; that storefront renovation sites have been identified; that the Provident Bank has agreed to partner with GNCRC to provide renovation funding; that the Bank will match $3 for every $1 invested; that the Bank funding will assist with inside store renovations; that the renovation program has been reviewed with the Administration; that seven store owners applied; that two have been chosen for Phase I of the renovation program which is budgeted for $100,000; that the designs are being reviewed with the businesses. Ms. Porter stated further that GNCRC is requesting the Commission's approval to offer store owners funds in the form of grants for outside renovations rather than loans; that store owners would apply for Bank loans to complete inside renovations; that the businesses receiving funds are located at US 301 and Dr. Martin Luther King, Jr. (MLK) Way; that annual salaries earned by the business owners is less than $35,000 per yeari that funds provided by the City in the form of grants could be used as leverage in borrowing money from the Provident Bank for inside renovations; that GNCRC has made a good faith effort to obtain funds from the private sector and the philanthropic communities; that 78 agencies have been solicited; that GNCRC will present recommendations for the Newtown area to the Commission in July 1999; that the fact finding process and public hearings are on- going; that zoning and land use issues are being addressed on MLK Way; that businesses on MLK Way have restrictive hours of operation and specific closing times; that the impact of the time restrictions on MLK Way are being reviewed. Ms. Porter stated that the first 15-week class for minority business development has been completed; that 11 to 12 people graduated; that the graduates are prepared to obtain financing and will open businesses; that training programs and workshops have been initiated to educate business owners in the total business cycle; that business retention Classes will begin in the Fall 1999 for current business owners on MLK Way. Ms. Porter continued that 19 people solicited assistance in obtaining financing for low-to-fair market rate housing; that three candidates reçeived mortgages; that 16 other individuals are in various stages of being assisted; that State Housing Initiatives Partnership (SHIP) funds are no longer available. Ms. Porter further stated that a partnership program with the YMCA has been initiated to target dropouts for training programs; i that a proposed culinary arts program is planned; that candidates will work in commercial kitchens under the auspices of the Sarasota Housing Authority (SHA) i that program expansion is planned into the hospitality industry; that an after school program is being established at the Roy McBean Boys and Girls Club of Sarasota County, Inc. Ms. Porter stated that the GNCRC has completed the tasks directed by the Commission and would like to continue being part of the Commission's strategic plan for the year 2001 and beyond and referred to the GNCRC 1999 budget and expenditures as follows: BOOK 46 Page 18378 06/07/99 6:00 P.M. BOOK 46 Page 18379 06/07/99 6:00 P.M. $128,000.00 City Grant Funds 81,870.80 Funds Received $ 46,129.20 Funds Available Ms. Porter stated that GNCRC requests continuation of the current contract until the City's fiscal year (FY) end; that GNCRC would also like to access $72,000 in City funds approved for community planning efforts for use as consulting fees which would be allocated to address housing issues and GNCRC Board's development training; that GNCRC had asked for consulting services from the Main Street USA program; that Main Street USA conducted a feasibility study of the Newtown area; that Main Street USA can assist GNCRC with technical assistance; however, a three-year funding commitment is required. Commissioner Mason stated the GNCRC Board of Directors does not include neighboring community people or members with specific areas of expertise. Ms. Porter stated that solicitations for Board members have been made; however, responses have been limited. Mayor Cardamone stated that Board member solicitations should have begun last year; that many people in the area could come forward and provide assistance; and asked for clarification of the availability of SHIP funds. Donald Hadsell, Director of Community and Housing Development, came before the Commission and stated that two application periods for SHIP funds were available; that GNCRC did not respond; that all partnership funds are now exhausted; that another Request for Proposal (RFP) will be distributed shortly; that GNCRC can then apply for SHIP funds. Ms. Porter stated that GNCRC did not apply for the SHIP funds as nine other agencies had applied for $350,000 in funds and two other agencies applied the second time for $90,000 in funds; that the agencies were more experienced; that GNCRC's perception was the funds would not be awarded due to lack of experience. Kerry Kirschner, 1590 Gulf View Drive (34236) Executive Director of the Argus Foundation, came before the Commission and stated that the Foundation has been working with GNCRC; that the Foundation is very excited about the organization; that the Foundation has been aware of the lack of economic integration of the black and white communities; that grant money has not been available; that in the past, the black community has come to the elected officials as representing only the black community but without support from the entire community which is not the situation with GNCRC; that the City's Main Street project had the support of the entire Sarasota community; that the same approach should apply to Newtown; that the nucleus of ideas in Newtown should begin with an economic development team primarily composed of residents of Newtown; that the community-at-large cannot impose a plan on the Newtown area without suggestions from Newtown residents; that the Newtown community should be given an opportunity to participate in the legal and economic development issues affecting the whole community. Mayor Cardamone stated that the City supported the GNCRC program by funding $128,000 with the understanding GNCRC would seek additional funding from the community; and asked the reason the Argus Foundation and other organizations did not offer support to GNCRC? Mr. Kirschner stated that the City and the private sector must work together to make an investment in the area; that public works projects were the focus previously; that a broad based organization representing the Newtown community designed to work with the entire community was not previously in place. Commissioner Quillin asked the reason the Argus Foundation has not assisted with the GNCRC's Board problems? Mr. Kirschner stated that the Argus Foundation is involved; that members have committed time, dollars and resources to assist GNCRC; that the leadership of Newtown should be supported by the entire community; that a building on MLK Way was demolished by the City to make a parking lot; that the only business which will be done in a parking lot on MLK Way will be drug business; that buildings should be renovated, not torn down; that more buildings are required, not fewer. Commissioner Mason stated that a requirement for a parking lot was identified by the residents of the community; that the City was asked to demolish the building. Dr. Arland F. Christ-Janer. 4372 Camino Madena (34238), President of the Ringling School of Art and Design and Gateway 2000, came before the Commission and stated that the City's support helped Gateway 2000 complete a feasibility and sector study of the quality of life of the north end of the City; that an Executive Committee of Gateway 2000 was formed with people in various areas of the north end of the City from 10th Street and beyond; that the area has been developed and revitalized; that the Executive Committee has had several presentations by the Newtown people; that significant changes have been made in the Newtown area; that Gateway 2000 supports the GNCRC; that Newtown is not just a black community; that Newtown's population is a heterogeneous community of economically advantaged and disadvantaged; that the entire area will be upgraded in time; that GNCRC has the diligence and persistence to make a difference. BOOK 46 Page 18380 06/07/99 6:00 P.M. BOOK 46 Page 18381 06/07/99 6:00 P.M. Commissioner Mason stated that GNCRC is a vehicle by which changes can occur in Newtown; that efforts to change Newtown were fragmented previous to the formation of GNCRC, which is the first organized effort to make change occur; that GNCRC's success is the City's success; that the City fails if GNCRC fails; that GNCRC deserves the City's help. Vice Mayor Pillot stated that the contract extension request is supported; that the residents of Newtown must provide the leadership for the community; that GNCRC has competent leadership; that GNCRC is organized and respected throughout the City; that the group's current contract is a one-time grant; that the report presented indicates funds were judiciously spent; that the City should continue to support GNCRC, which should continue to solicit private funding. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to extend the contract of GNCRC until September 30, 1999, and appropriate $56,000 from the General Fund for the contract extension. Commissioner Hogle stated that continued GNCRC funding is supported; however, City funds should not be used for internal business renovations; that the $72,000 requested for consulting fees should be reviewed by the Administration; that community people should offer assistance to the GNCRC Board. Commissioner Quillin stated that progress over the past year has been very positive both on MLK Way and in the surrounding community; that the people are feeling more empowered; that the business community and foundations should assist the GNCRC Board; that money should not be spent on outside consultants; that the entire City will reap tremendous rewards from the efforts of GNCRC. Mayor Cardamone stated that the Commission had numerous discussions and was divided regarding approving funding for GNCRC; that a similar neighborhood project has never previously occurred; that the grass-roots effort is wonderful; however, the funding as originally approved was not to extend beyond one yeari that GNCRC promised to find alternative funding and be self- sustaining but has not done so; that GNCRC is requesting an additional $56,000 for general expenses, $72,000 for consulting fees and three years of funding; that the Commission did not approve $72,000 for consulting fees in the original funding; that the GNCRC report should include annual expenditures; that City Staff is available to give guidance in housing development initiatives and funding opportunities; that GNCRC Board development and leadership training can be accomplished without a fee; that the community has people available to provide the expertise; that the GNCRC Board is diligent and enthusiastic; however, more diversification in membership should be sought; that the School Board of Sarasota County and Sarasota County Technical Institute could assist with educational programs without using City funds; that Main Street USA assistance is free but has a three-year funding stipulation which should be addressed. City Manager Sollenberger stated that the Administration's recommends extending the GNCRC contract to September 30, 1999, and provide funding of $56,000 requires clarification; that the funding is for payment of salaries and office expenses for the GNCRC through the end of the FY; that the funding continuation is not for consultants; that funding consulting services would be unwise for a program which may or may not continue; that the original budget funding was to come from the General Fund and Community Development Block Grant (CDBG) funds; that unforeseen administrative costs for the housing program depleted the CDBG administrative funds allocated to GNCRC funding; that the shortfall in CDBG funds is being supplemented through the General Fund; that continued funding is a policy decision for the Commission; that the original funding was for a one-year period; however, the program start-up was delayed due to contract negotiations and staff turnover; that the Commission originally indicated a proposed budget of $200,000 with $128,000 for salaries and office expenses and $72,000 for community planning efforts may be feasible and the Administration would make budget recommendations at the appropriate time; that the Administration recommends extending the GNCRC budget through the FY end, allowing the Commission time to decide how to proceed with additional funding and future support for the program. Mayor Cardamone asked for clarification of the City's expenditures. Mr. Horwedel stated that the expenditures indicated by the GNCRC and the City are different due to processing time; that expense reimbursement processing requires between 10 to 20 days; that the status of the reimbursements to the GNCRC as of May 20, 1999, is as follows $84,770.20 Actual City reimbursement 10,124.63 Pending City reimbursements for May 1999 $94,994.83 Total City reimbursements Mr. Horwedel stated that in addition, $8,422.94 has been reimbursed from CDBG funds, bringing the total reimbursement to $103,317.77 Commissioner Quillin asked for clarification of the expenditures from CDBG funds. BOOK 46 Page 18382 06/07/99 6:00 P.M. BOOK 46 Page 18383 06/07/99 6:00 P.M. Mr. Horwedel stated that GNCRC is a CDBG project; that the group must conform to the guidelines established at the outset of the program; that the maximum CDBG funds have been distributed. Commissioner Mason stated that the GNCRC is inexperienced; that projects may not have been costed out appropriately; that the commitment of the GNCRC Board is very strong; that the Board should receive guidance if mistakes are made; that GNCRC has established partnership programs, i.e., Gateway 2000 and the Argus Foundation; that the GNCRC efforts to obtain support could be better; however, the GNCRC is the foundation of community involvement and should be supported. Vice Mayor Pillot stated that social requirements of the City must be supported through groups such as GNCRC; that funding a group such as GNCRC is a prudent use of funds; that start-up problems are inevitable but will diminish as GNCRC gains experience; that the GNCRC leadership will bring about change in the Newtown community. Commissioner Hogle stated that the Greater Newtown neighborhood has the greatest requirements. Mayor Cardamone stated that an agreement was made with GNCRC. Mayor Cardamone called for a vote to extend the contract with GNCRC until September 30, 1999, and appropriate $56,000 from the General Fund to fund the contract extension. Motion carried (4 to 1): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, no. 25. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 99R-1188, APPROPRIATING $56,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO FUND A CONTRACT EXTENSION FOR THE GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORPORATION (GNCRC), ETC.- ADOPTED (AGENDA ITEM NO. VIII-4) #4 (1075) through (1108) Deputy City Auditor and Clerk McGowan read proposed Resolution No. 99R-1188 in its entirety. On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to adopt proposed Resolution No. 99R-1188. Mayor Cardamone requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried (4 to 1): Cardamone, no; Hogle, yes; Mason, yes; Pillot, yes, Quillin, yes. 26. NEW BUSINESS: DISCUSSION RE: ESTABLISHMENT OF A LEASING POLICY FOR PARASAIL OPERATIONS ON CITY-OWNED LEASEHOLD PROPERTIES - APPROVED NOT TO ALLOW LEASE NEGOTIATIONS WITH PARASAIL BUSINESSES (AGENDA ITEM NO. VIII-5) #4 (0725) through (1020) Dave O'Dell, 1747 Livingston Street (34213), came before the Commission and stated that the Administration has denied an application to establish a parasail operation from the New Pass Bait Shop dock on Lido Beach for the past three years; that parasail operations have been successful in six other locations along the west coast of Florida; that the reason for the denial is not understood; that parasailing from Sarasota's beaches should be approved. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved not to enter into any lease negotiations with parasail businesses. Mayor Cardamone asked for clarification of the Administration's recommendation not to enter into lease negotiations with any parasail businesses. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that parasail businesses are not a use the City wishes to promote from City leasehold beachfront properties; that management enforcement has been difficult with other water sports, including wave runners, etc.; that an application was previously submitted for a parasail operation from a private hotel on Lido Beach; that the application was presented to the Planning Board/Local Planning Agency (PBLP) but was withdrawn prior to presentation to the Commission; that discussions with the PBLP and the Commission have indicated parasailing should not be promoted along the beachfronts. Mayor Cardamone stated that Section 10-26, Sarasota City Code, concerning towing or manipulating flying or sailing devices, parachuting near beaches is very specific; therefore, the response to the City's denial of a parasail operation is surprising. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to call the question. Commissioner Quillin stated that some discussion is in order. Mayor Cardamone called for a vote on the motion to call the question. Motion failed (4 to 1): Hogle, no; Pillot, yes; Quillin, no; Mason, no; Cardamone, no. Mayor Cardamone asked for clarification of Section 10-26, Sarasota City Code. BOOK 46 Page 18384 06/07/99 6:00 P.M. BOOK 46 Page 18385 06/07/99 6:00 P.M. Mr. Litchet stated that Section 10-26, Sarasota City Code, prohibits towing or manipulating any person attached to any flying or sailing device or parachute through or over an area within 500 feet of the water's edge of any public or private gulf beach; that the prohibition has been in force for sometime and is explicit as to commercial businesses operating close to beachfronts. Mr. O'Dell stated that is correct; however, parasail operations could be launched from 1,000 feet from the beach; that only the dock at the New Pass Bait Shop would be used. Mayor Cardamone stated that Section 10-26, Sarasota City Code, prohibits this type of business. Commissioner Quillin stated that parasailing would be done in the Gulf of Mexico and not next to the beach; that a boat leaves from the dock. Mr. O'Dell stated that a Master Captain navigates the boat from the dock; that a parasail operation is safer than other wat ter sports conducted near the beach. Commissioner Quillin stated that a boat leaving the New Pass Bait Shop dock does not affect the City's beach; however, Mr. O'Dell should consider making a presentation to the Commission outlining the business's background, any violations incurred in other locations and recommendations as to the reason a code amendment should be considered. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Section 10-26, Sarasota City Code, protects the City from having management problems with a business which is a secondary leaseholder; that a secondary leaseholder's business may not be consistent with the primary leaseholder's business. Commissioner Hogle stated that from the perspective of a customer at one of Mr. O'Dell's other locations, a parasail business in front of an upscale beachfront community such as Sarasota is not appropriate; that the motion is supported. City Attorney Taylor stated that the activity is not being regulated; that the issue is the right of Owners/custodians of property not to allow activities that are undesirable; that whether the business agrees or not is irrelevant. Mayor Cardamone called for a vote on the motion not to enter into lease negotiations with any parasail businesses. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 27. BOARD APPOINTMENTS: APPOINTMENT RE: CIVIL SERVICE /GENERAL PERSONNEL BOARD = REAPPOINTED JOHN MILTON, CLARENCE JONES AND BERNARD SALMON (AGENDA ITEM NO. IX-1) #4 (1420) through (1445) Mayor Cardamone stated that the terms of John Milton, Clarence Jones and Bernard Salmon expired May 1999; that all three are eligible for and have expressed interest in reappointment. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to reappoint John Milton, Clarence Jones and Bernard Salmon. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes.Mayor Cardamone announced the reappointment of John Milton, Clarence Jones and Bernard Salmon to the Civil Service/General Personnel Board. Commissioner Quillin stated that as a note, no representative from District Three currently serves on the Board. 28. BOARD APPOINTMENTS: APPOINTMENT RE: NUISANCE ABATEMENT BOARD = APPOINTED LINDA HOLLAND (AGENDA ITEM NO. IX-2) #4 (1455) through (1568) Mayor Cardamone stated that Daniel McNicol resigned; that the seat has been vacant for a long time. Commissioner Hogle nominated Linda Holland for appointment. Vice Mayor Pillot nominated Trevor Harvey for appointment. Commissioner Hogle stated that Ms. Holland has previously served on the Nuisance Abatement Board and is extremely involved in all neighborhoods, particularly with reference to interaction with the Nuisance Abatement Board; that Ms. Holland will be an asset to the Nuisance Abatement Board. Vice Mayor Pillot agreed; that having Ms. Holland regain a seat on the Nuisance Abatement Board would be excellent; that the nomination of Mr. Harvey is due to the excellent intentions and citizenship in being a candidate for a seat on the Commission in a very important and well conducted race; that Mr. Harvey is a dedicated member of the community and would be an asset to the City. Mayor Cardamone called for a vote on the nominations. Ms. Holland received three votes: Hogle, yes; Mason, yes; Cardamone, yes. Mayor Cardamone announced the appointment of Linda Holland to the Nuisance Abatement Board. Mayor Cardamone thanked Mr. Harvey for applying for the vacant seat on the Nuisance Abatement Board; that the terms are for one BOOK 46 Page 18386 06/07/99 6:00 P.M. BOOK 46 Page 18387 06/07/99 6:00 P.M. year; that another opportunity will be available next year for an appointment. Commissioner Quillin stated that Citizens' Advisory Committee Year 2000 Consolidated Plan with the County requires 11 members, three of which are chosen from the City; that the Commission should consider Mr. Harvey for one of the seats on the Committee; that talented people, such as Mr. Harvey, are indeed assets the City should utilize. Mayor Cardamone stated that the Commission should invite Mr. Harvey to apply. Commissioner Hogle stated that having Mr. Harvey apply for a position on the Committee is supported. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to extend the meeting to allow for Commissioner Remarks and Administrative Officers. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 29. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #4 (1571) through (1835) MAYOR CARDAMONE: : A. stated that 100 signatures and a pet paw print were presented on a petition titled "Keep it Open Keep it Cool" referring to the Lemon Avenue Mall; that the signatures were obtained during the reopening event, which was well attended; that the Sarasota Herald- Tribune represented the event as less fun than actually occurred. B. stated that the annual Goals and Objectives Commission workshop is scheduled for 6 to 9 p.m. on June 9, 1999; that an interesting format is planned for that meeting. COMMISSIONER HOGLE: A. stated that the reopening event Lemon Avenue Mall on June 4, 1999, drew a very nice crowd; that Paul Thorpe, President of the Downtown Association of Sarasota, Inc. had scheduled an adequate number of people to work sO the event was very well controlled from a public safety perspective. ÇOMMISSIONER QUILLIN: A. stated that David Christian, owner of the Leonard Reid house, was traveling at the time of the painting of the house which was raised as a concern at the May 17, 1999, Regular Commission meeting; that the tenant was asked to stop painting; that Mr. Christian is purchasing paint to repaint the house. B. stated that restrooms at the Lemon Avenue Mall were open Saturday during the Farmers' Market; however, no electricity was available; that the doors to the restrooms were propped open to enable light to enter; that the merchants at the Farmers' Market were very pleased to have restrooms available. C. stated that the Bridge Too High Committee praised the Commission's work in opposing the high, fixed-span bridge and indicated work is being done with residents of the Town of Anna Maria; that the Bridge Too High Committee should build an alliance with the City of Anna Maria and begin a campaign in support of a bridge to Longboat Key rather than allowing the Florida Department of Transportation (FDOT) to proceed with transportation plans impacting both Sarasota and Manatee Counties; that issues important to two counties must be recognized. D. referred to the June 1, 1999, Commission Information Memorandum from the City Manager concerning information on windstorm insurance; and stated that the Commission should aggressively approach the windstorm insurance issue; that a recent Southgate neighborhood newsletter promoted the fact expenses will be higher if the area is annexed into the City; that an attempt will be made to correct some of the misinformation; that the City should be discussing annexation with the neighborhoods. City Manager Sollenberger stated that communication from a representative of the Office of the State's Treasurer and Insurance Commissioner was received indicating any area annexed by the City will not be included in the windstorm insurance pool as the State Legislature froze the windstorm insurance boundaries two years ago; that Shirley Brown, State Representative for the 69th House District, sent the City a letter indicating the same information; that good documentary evidence is available concerning the windstorm pool in areas proposed for annexation. BOOK 46 Page 18388 06/07/99 6:00 P.M. BOOK 46 Page 18389 06/07/99 6:00 P.M. 30. ADJOURN (AGENDA ITEM XII) #4 (1860) There being no further business, Mayor Cardamone adjourned the Regular meeting of June 7, 1999, at 11:40 p.m. Llecla MOLLIE C. CARDAMONE, MAYOR ATTEST: Bully & Ralrasan BILLY EC ROBINSON, CITY AUDITOR AND CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC LAST NAME-FIRSTI NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Hogle Albert F. Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON 2189 Magnolia Street, Sarasota, FL 34239 WHICHI SERVE IS A UNIT OF: B CITY D COUNTY D OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sarasota Sarasota City of Sarasota DATE ON WHICHVOTE OCCURRED MY POSITION IS: June 7, 1999 B ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or Committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112-3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15.DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. Thei form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CEF FORM8 8B 10-86 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. Yous should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes oft the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST , Albert F. Hogle hereby disclose that on June 7 1999: : (a). A measure came or will come before my agency which (check one) XXX inured to my special private gain, or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Agenda Item III-A-4, Approval Re: Set for public hearing proposed Ordinance No. 99-4142, amending Chapter 24, Personnel, Article II, Pension, Division 3, Police, of the Code of Ordinances of the City of Sarasota, amending Section 24-83, Cost-of- Living Payments and Adjustments for Retirees; etc. (Title Only) I am a retiree of the City of Sarasota's Police Pension Fund and therefore will benefit financially from the cost-of-living payments. June 9, 1999 htip Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 8112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B -10-86 PAGE 2