BOOK 47 Page 19689 06/19/00 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 19, 2000, AT 6:00 P.M. PRESENT: Mayor Gene M. Pillot, Vice Mayor Albert F. Hogle, Commissioners Carolyn J. Mason and Mary J. Quillin, City Auditor and Clerk Billy E. Robinson, Deputy City Manager V. Peter Schneider and City Attorney Richard J. Taylor ABSENT: Commissioner Mollie C. Cardamone and City Manager David R. Sollenberger PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0000) through (0078) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add Special Presentation, Item No. 1, Presentation Re: Proclamation proclaiming July 1, 2000, through June 30, 2001, as the Marie Selby Botanical Gardens 25th Anniversary Celebration Year, per the request of Commissioner Quillin. B. Add New Business, Item No. VII-1, Approval Re: Month-to- Month Lease and Concession Agreement for Dante's Restaurant to use the north half of Lemon Avenue Mall, per the request of Deputy City Manager Schneider. C. Remove Unfinished Business, Item No. VI-1, Report Re: Monthly Update of the Hispanic American Alliance, per the request of Neighborhood Development Director Horwedel. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 2. PRESENTATION RE: PROCLAMATION OF JULY 1, 2000, THROUGH JUNE 30, 2001, AS THE MARIE SELBY BOTANICAL GARDENS 25TH ANNIVERSARY CELEBRATION YEAR #1 (0078) through (0210) Mayor Pillot requested that all Commissioners join him before the table for the presentation and stated that the City is celebrating the anniversary of a very special place in the community; that Commissioner Quillin will present the proclamation. Commissioner Quillin read the Proclamation declaring July 1, 2000, through June 30, 2001, as the "Selby Gardens 25th Anniversary Celebration Year" in its entirety and accepted the proclamation on behalf of the Marie Selby Botanical Gardens. Mayor Pillot requested that Daniel Sauls, Scout, Boy Scouts of America, Troop 23, join him before the Commission and stated that Mr. Sauls comes before the Commission in recognition of achievement of a special Boy Scouts of America Merit Badge. Mr., Sauls stated that he is working towards the Communication Merit Badge of the Boy Scouts of America. Mayor Pillot stated that Mr. Sauls' achievements are appreciated by the Commission. 3. APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF JUNE 5, 2000 - APPROVED (AGENDA ITEM I) #1 (0210) through (0227) Mayor Pillot asked if the Commission had any changes to the minutes? Mayor Pillot stated that hearing no changes, the minutes of the June 5, 2000, Regular Commission meeting are approved by unanimous consent. 4. BOARD ACTIONS RE: REPORT RE: : ADVANCE PARTIAL PLANNING BOARD /LOCAL PLANNING AGENCY 'S REGULAR MEETING OF JUNE 7, 2000 - ACCEPTED REPORT AND APPROVED IN CONCEPT THE DRAFT SCHEDULE OF THE UPDATE OF THE DOWNTOWN SARASOTA: MASTER PLAN (CRA MASTER PLAN) AND PHASE II LAND DEVELOPMENT REGULATIONS (LDRs) (AGENDA ITEM II) #1 (0227) through (0710) Devin Rutkowski, Chairman of the Planning Board/Local Planning Agency (PBLP), Jane Robinson, Director of Planning and BOOK 47 Page 19690 06/19/00 6:00 P.M. BOOK 47 Page 19691 06/19/00 6:00 P.M. Development, and John Burg, Chief Planner, Planning and Development, came before the Commission. Mr. Rutkowski presented the following items from the June 7, 2000, Regular PBLP meeting: A. Schedule for the Update of the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan) Mr. Burg referred to a computer-generated slide presentation indicating the schedule for the CRA Master Plan update as follows: July 31, 2000 CRA Master Plan update available to the public August 8, 2000, Joint Workshop with the Community at 2 p.m. Redevelopment Agency (CRA) and the PBLP August 8, 2000, Public Hearing with the CRA and the PBLP at 6 p.m. August 23, 2000, Special Joint Meeting with the CRA and at 6 p.m. PBLP August 24, 2000, Special Joint Meeting with the CRA and at 2 p.m. PBLP to provide direction for preparation of the final CRA Master Plan Commissioner Quillin asked if the schedule can be changed? Mr. Burg stated yes; that the CRA Master Plan design charretté was recently completed; that the 15 meetings held during the design charrette were well attended by the public; that 20 meetings were held with the public prior to the design charrette to explain the process for updating the CRA Master Plan; that a preliminary draft of the CRA Master Plan Update is the first effort to translate the concepts generated during the design charrette; that the preliminary draft and the proposed zoning changes will be available to the public from the Planning Department on July 31, 2000; that the purpose of the August 8, 2000, Joint Workshop with the CRA and PBLP is to review and assess the preliminary drait; that a public hearing will be held on August 8, 2000, to hear public comments and suggestions and to answer any questions concerning the preliminary draft; that the public hearing will be video taped; that a copy of the video tape will be sent to Duany Plater-Zyberk & Company (DPZ), the consulting firm involved in updating the CRA Master Plan. Mr. Burg continued that a detailed issues and recommendations matrix incorporating all issues, suggestions and recommendations from the public, the Commission, and Staff and the specific Commission directions will be developed and sent to DPZ; that the August 23, 2000, Special Joint meeting with the CRA and PBLP is to receive the response from DPZ addressing each suggestion, recommendation and direction offered in the issues and recommendations matrix; that the Commission may entertain comments and dialog between DPZ and the public if sO desired; that the August 24, 2000, Special Joint meeting with the CRA and PBLP is to discuss DPZ's recommendations and provide direction in completing the final draft of the CRA Master Plan Update; that following the proposed schedule will not be difficult through December 2000; that Staff's goal is to complete as much of the proposed work as possible before the upcoming March 2001 Commission elections; that the Commission can choose to adopt the CRA Master Plan Update in December 2000 conditioned upon bringing the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) into compliance with the CRA Master Plan Update; that bringing the CRA Master Plan and the City's Comprehensive Plan into compliance with one another will require an amendment to the City's Comprehensive Plan, which requires significant Staff time to meet all statutory requirements; that the amendments will not be completed until April 2001 or possibly later; that any proposed changes to the Zoning Code (1998) will be postponed until amendments to the City's Comprehensive Plan are finalized. Commissioner Quillin stated that the CRA cannot provide direction and can only provide recommendations; that any recommendations by the CRA should be formally delivered to the Commission. Mr. Burg stated that all recommendations will be delivered formally to the Commission; that the City Attorney's Office will review the procedure to ensure compliance with all requirements and regulations. Commissioner Quillin stated that the proposed schedule is aggressive and poses a possible conflict with the March 2001 Commission elections; that changing the proposed dates to avoid a potential conflict may be desirable. Mr. Burg stated that reasonable judgment has been utilized to assure completion as expeditiously as possible; that the policy BOOK 47 Page 19692 06/19/00 6:00 P.M. BOOK 47 Page 19693 06/19/00 6:00 P.M. decisions necessary to adopt the CRA Master Plan can be accomplished at the end of 2000. B. Phase II Land Development Regulations (LDRs) Commissioner Quillin asked the relationship of the proposed schedule to the Phase II LDRs? Mr. Burg stated that Phase II LDRs concern the zoning of City areas outside of Downtown; that a legal connection between the CRA Master Plan Update and the Phase II LDRs does not exist; however, the Phase II LDRs are an important concern of Staff; that the current Commission could adopt the Phase II LDRs, the proposed zoning for the remaining portions of the City, and the CRA Master Plan Update; that the mapping and rezoning of the pertinent areas will occur at a later date. Commissioner Quillin asked if the Phase II LDRs and the CRA Master Plan Update will be on the same schedule? Mr. Burg stated yes. Mr. Rutkowski stated that the PBLP recognizes the aggressive nature of the proposed schedule; that the proposed schedule is flexible, as Staff and the PBLP recognize controversial issues, statutory complications and public concerns often arise; that an aggressive schedule is important in ensuring the timely adoption and implementation of the CRA Master Plan Update. Ms. Robinson stated that the proposed schedule is a management tool designed to coordinate the cooperative efforts of the Development Review Committee (DRC), the Department of Neighborhood Development, the Planning Department, and the City Attorney's Office; that the efforts to implement the proposed schedule will generally supersede other priorities such as annexation or priority zonings; that other projects will remain a second priority unless otherwise instructed by the Commission. Deputy City Manager Schneider stated that the Administration recommends the Commission receive the report of the June 7, 2000, Regular PBLP meeting and approve in concept the Draft Schedule for the CRA Master Plan Update and Phase II LDRs. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to receive the report of the June 7, 2000, Regular PBLP meeting. Vice Mayor Hogle stated that the efforts of Staff to implement the schedule are appreciated; that the consensus of the Commission appears to approve the draft in concept; that Staff should attempt to maintain an aggressive effort to follow the proposed schedule to ensure the timely implementation of the proposed revisions. Commissioner Quillin stated that the proposed schedule is very aggressive but can be accomplished; that considerable funds were spent for a consultant who should assume significant responsibility in assisting Staff with the CRA Master Plan Update; that Staff should be available to assist the public with development plans; that Staff's efforts are appreciated; that approving the draft in concept may yield a public perception of a Commission decision without the public's participation; that the public's participation should remain an important element in final approval of the CRA Master Plan Update; that the preliminary draft will assist the City's efforts to include the public in decision- making; that Staff's efforts to provide the preliminary draft in advance of final Commission discussion are appreciated; that the schedule should remain flexible; that the draft is personally approved in concept; that delays to the proposed schedule are acceptable provided public input is considered at each stage of the planning and implementation process. Mayor Pillot called for a vote on the motion to receive the report of the June 7, 2000, Regular PBLP meeting. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. On: motion of Commissioner Quillin and second Vice Mayor Hogle, it was moved to approve in concept the Draft Schedule for the CRA Master Plan Update and Phase II LDRs. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Mayor Pillot stated that the efforts of the PBLP and Staff in preparing the report are appreciated. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3,4, 5, AND 6 APPROVED (AGENDA ITEM III-A) #1 (0710) through (0800) Commissioner Mason requested that Item No. 1 be removed for discussion. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Habitat Restoration Ihteragency BOOK 47 Page 19694 06/19/00 6:00 P.M. BOOK 47 Page 19695 06/19/00 6:00 P.M. Agreement between Southwest Florida Water Management District and the City of Sarasota in the amount of $50,000 on behalf of the Sarasota Bay National Estuary Program 3. Approval Re: Authorize the City Manager to execute the Environmental Protection Agency (EPA) Gulf of Mexico Grant Application of $18,000 to supplemental funding for the project "Ecological Assessment of Sarasota Bay: Identification of Critical Nursery Habitat; Artificial Reef Monitoring, and Wetland Restoration Assessment" 4. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and American Lighting and Signalization, Inc., (Bid No. 00-52H), in the amount of $15,000, for the replacement of traffic loops located Citywide 5. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Siesta Key Décor and Associates, Inc., (Bid No. 00-55H), in the amount of $24,470, for the painting of mast arm and street light poles located Citywide 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the lease agreement between the City and Donald Wallace for use of the City-owned property at 1443 7th Street adjacent to the site where the Leonard Reid House was relocated On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Items Nos. 2, 3, 4, 5 and 6. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 1. Approval Re: Administrative rules and agreement for use of City credit cards for City Commissioners Commissioner Mason asked if the administrative rules pertinent to the issuance of City credit cards to Commissioners alter the City's Travel Form? Gibson Mitchell, Director of Finance, came before the Commission and stated that the issuance of the credit cards does not change the City's Travel Form; that the issuance of the credit cards is a change in method of payment only. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item No. 1. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1262) ADOPTED, ; ITEM 2 (RESOLUTION NO. O0R-1281) = ADOPTED; ITEM 3 (ORDINANCE NO. 00-4234) = ADOPTED, ; ITEM 4 (ORDINANCE NO. . 00-4236 - ADOPTED (AGENDA ITEM III-B) #1 (0800) through (0900) 1. Adoption Re: Proposed Resolution No. O0R-1262, a resolution accepting reports of abatement of nuisances, and costs incurred, pertaining to the repair, securing, or demolition of buildings or structures in accordance with the standard unsafe building abatement code as adopted by the Cityi directing the assessment of liens against all real or personal property owned by the violator; providing for the recording of said assessments in the city's 'assessment book for local improvements" and in the official records of the Clerk of the Circuit Court in and for Sarasota county; providing for the accumulation of interest on said liens (Title Only). 2. Adoption Re: Proposed Resolution No. O0R-1281, a resolution adopting a schedule to process administrative city initiated amendments to the Comprehensive Plan (a/k/a Sarasota City Plan [1998]) based on the ànticipated adoption of an updated downtown master plan; authorizing the Planning and Development Department Staff to commence preparation of said amendments; setting forth findings (Title Only). 3. Adoption Re: Proposed Ordinance No. 00-4234, an ordinance to rezone t 2.6 acres from the Single-Family Residential-3 (RSF-3) and Multiple-Family Residential-2 (RMF-2) Zone Districts to the Office, Professional Business (OPB) Zone District to allow an office building generally located on the north side of Fruitville Road, east of Lockwood Ridge Road, a/k/a 3277 Fruitville Road, as more particularly described herein; approving Site Plan 00-SP-14 which has been proffered as a condition of this rezoning; providing for conditions of this rezoning (Title Only) Application Nos. 00-RE-10 and 00-SP-14, BOOK 47 Page 19696 06/19/00 6:00 P.M. BOOK 47 Page 19697 06/19/00 6:00 P.M. Applicant Joel J. Freedman, AICP as agent for Larry E. Sewell, as co-trustee). 4. Adoption Re: Proposed Ordinance No. 00-4236, an ordinance to rezone t 11.59 acres generally located east of Tuttle Avenue, south of 8th Street, north of Aspinwall Street and west of Brink Avenue from the Single-Family Residential-2 (RSF-2) to the Single-Family Residential-4 (RSF-4) Zone District, as more particularly set forth herein; providing for conditions of the rezoning (Title Only) (Application No. 00-RE-08, Applicant Bruce E. Franklin, Land Resource Strategies, Inc. as agent for Habitat for Humanity, Sarasota, Inc.). City Auditor and Clerk Robinson read proposed Resolution Nos. O0R-1262 and O0R-1281 and Ordinance Nos. 00-4234 and 00-4236 by title only. On motion of Commissioner Quillin and second of Vice Mayor Hogle, it was moved to adopt Consent Agenda No. 2, Items 1 through 4, inclusive. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Pillot, yes, Quillin, yes. Mayor Pillot requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 7. NON QUASI-JUDICIAL PUBLIC HEARING RE: TRAFFIC-CALMING PLACEMENT OF ASPHALT SPEED TABLES ON EUCLID AVENUE AND TENTH STREET, BETWEEN LIME AVENUE AND TUTTLE AVENUE; ETC. = APPROVED THE TRAFFIC-CALMING ELEMENT OF THE PARK EAST NEIGHBORHOOD ACTION STRATEGY (NAS) PLAN AND AUTHORIZED THE INSTALLATION OF SPEED TABLES (AGENDA ITEM IV-A) #1 (0900) through (1790) Mayor Pillot stated that the Commission expects all public speakers to speak truthfully; however, the requirements of the quasi-judicial public hearing require speakers to take an oath to speak truthfully; and asked if Staff is required to take an oath for non quasi-judicial public hearings? City Attorney Taylor stated no. City Auditor and Clerk Robinson stated that the non quasi-judicial public hearing concerns the placement of traffic-calming asphalt speed tables on Euclid Avenue and Tenth Street between Lime and Tuttle Avenues. Alexandrea Hay, Deputy Director of Engineering/Deputy City Engineer, and Ruth Dearman, MPA, Transportation Planner, Engineering, came before the Commission. Ms. Dearman referred to computer-generated slides throughout the presentation included a slide of a Transportation and Circulation Map of the Park East neighborhood and stated that the traffic-calming efforts in the neighborhood began with the 1994 Traffic Abatement Program, which proposed speed tables for Euclid Avenue prior to the Neighborhood Action Strategy (NAS) planning processi that the proposed speed tables are now included in the Park East NAS Plan. Ms. Hay stated that the neighborhood developed a Traffic Calming Master Plan providing for the installation of the asphalt speed tables on Euclid Avenue and Tenth Street between Lime and Tuttle Avenues; that the traffic-calming measures were presented at a neighborhood open house in 1997, prior to the lawsuit against the City challenging the legality of speed tables which postponed the installation; that the NAS Plan included the installation of traffic-calming measures for Tenth Street and East Avenue; that the residents requested the inclusion of Euclid Avenue in the NAS Plan to ensure installation of similar traffic-calming measures; that the installation of speed tables was brought before the Park East Community Association and neighbors for discussion. Ms. Dearman stated that future presentations concerning the traffic-calming measures incorporated in the Park East NAS Plan will include the pertinent portion of Euclid Avenue; that special public hearings will not be necessary. Commissioner Quillin asked if statistics are available concerning warrants and enforcement on Euclid Avenue and Tenth Street? BOOK 47 Page 19698 06/19/00 6:00 P.M. BOOK 47 Page 19699 06/19/00 6:00 P.M. Ms. Dearman referred to a slide of Park East traffic statistics as of December 3, 1999, indicating the following Average Annual Daily Traffic (AADT) volumes: Street From To Volume Tenth Street Tuttle Avenue Lime Avenue 1038 Euclid Avenue Tenth Street 12th Street 786 Ms. Dearman stated that Staff is not prepared to address enforcement issues; that two accidents occurred on Tenth Street; that one accident occurred at the intersection of Tenth Street and Euclid Avenue; that 16 accidents occurred in the Park East neighborhood; that the adjusted traffic volume for a residential street is considered acceptable if traffic volume averages less than 1,000 vehicles per 24-hour period; that traffic volume over 1,000 vehicles per 24-hour period warrants traffic-calming measures; that excess vehicular traffic averaging more than the posted speed limit of 25 miles per hour (mph) would also warrant traffic-calming measures; that the 85th percentile for average vehicular speed was 37 mph for Euclid Avenue and Tenth Street during the observation period; that 15 percent of automobiles were traveling faster than 37 mph; that the 1994 Traffic Abatement Program requires meeting two traffic-calming warrants to implement traffic-calming measures. Commissioner Quillin stated that traffic statistics indicating an 85th percentile of 37 mph invoke questions concerning enforcement, which is an important element of the City's traffic abatement efforts; that enforcement efforts on Ringling Boulevard significantly reduced traffic on the street and in the surrounding areas; that the Park East neighborhood requires more stop signs, which would significantly reduce traffic; that speed tables are not appropriate traffic-calming measures; and asked if law enforcement efforts are focused in the Park East neighborhood, particularly on Euclid Avenue and Tenth Street? Ms. Hay stated that an answer is not known at the present time. Gregory Horwedel, Director of Neighborhood Development, came before the Commission and stated that the Police Department was informed of the high incidence of speeding and volume of traffic, particularly on Tenth Street, during the NAS planning processi that the Police Department indicated intentions to engage in a variety of enforcement efforts and techniques to decrease traffic in the neighborhood, including the issuance of traffic citations; that the success of enforcement efforts is unknown at the present time; that the Police Department will be contacted to obtain the intormation if desired; that the Police Department is aware of increased vehicular speeding in the Park East neighborhood and is pursuing the appropriate measures to alleviate the problem. Commissioner Quillin stated that the Commission should require the provision of enforcement data prior to approving funds for installation of speed tables and similar traffic-calming measures; that enhanced enforcement efforts could solve the vehicular speeding and increased traffic volume problems; that increased enforcement efforts positively affected other neighborhoods; that the Park East NAS Plan does not include all possible alternative traffic-calming measures; that the appropriate statistics were not included in the provided agenda materials; and asked if the traffic-calming measures were originally included in the Park East NAS Plan? Mr. Horwedel stated yes; that the Park East NAS Plan included discussions with neighborhood residents and professionals concerning the locations and installation of proposed traffic- calming measures; that the Park East NAS Plan was presented at the February 7, 2000, Regular Commission meeting. Commissioner Quillin stated that personal conversations were held with Park East residents, who indicated no knowledge of the proposed installation of the speed tables; that the installation of the speed tables interferes with traffic originating from the nearby ballpark; that previously established nearby traffic- calming measures in the neighborhood include parking by permit only and posting of assigned speed limits; that stop signs are preferred to speed tables; that all residents should be informed of the proposed traffic-calming measures. Ms. Dearman stated that Staff attended a recent Park East Community Association meeting and presented the proposed traffic-calming measures, which were supported by the neighbors in attendance. Commissioner Quillin asked the number Park East neighborhood residents attending the meeting? BOOK 47 Page 19700 06/19/00 6:00 P.M. BOOK 47 Page 19701 06/19/00 6:00 P.M. Ms. Dearman stated that the number of attending residents in relation to the overall Park East neighborhood resident population is unknown. Ms. Hay stated that Park East neighborhood residents signed a petition to install traffic-calming measures; that a petition of 60 percent of the residents of any affected neighborhood is required to implement traffic-calming measuresi that additional petitions were submittéd in 1997 on behalf of affected property owners on Euclid Avenue and Tenth Street. Mayor Pillot entered a June 19, 2000, letter from Jennifer Wilson, President, Park East Community Association, indicating support for traffic-calming measures into the record and stated that the City does not possess a method to determine the number of residents represented by the Park East Community Association; however, the support of the Park East Community Association represents a significant portion of residents and should be considered sufficient; that public hearings were held to provide all residents the opportunity to voice concerns. Commissioner Quillin stated that the proposed installation of speed tables should be discussed with every affected resident; that new residents have moved to the Park East neighborhood since 1997 and may not have been consulted regarding the proposed traffic-calming measuresi that Staff should hold new hearings, interviews and discussions to ensure all residents are informed of and agree with the City's proposed actions. City Auditor and Clerk Robinson stated that a notice of the public hearing was sent to every resident in the area bounded by Eighth and 12th Streets and Lime and Tuttle Avenues. Ms. Dearman stated that letters indicating the proposed installation of speed tables were also sent to the affected residents. Mr. Horwedel stated that letters indicating proposed traffic- calming measures were sent to every address in the Park East neighborhood during the NAS planning process; that the public participated in all stages of the neighborhood planning process. Mayor Pillot opened the public hearing. There was no one signed up to speak, and Mayor Pillot closed the public hearing. Deputy City Manager Schneider stated that the Administration recommends approval of the Traffic Calming Element of the Park East Neighborhood Action Strategy (NAS) Plan and authorizing the installation of speed tables. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to approve the Traffic Calming Element of the Park East Neighborhood Action Strategy (NAS) Plan and authorize the installation of speed tables. Vice Mayor Hogle stated that meetings of the Park East Community Association were personally attended; that personal conversations were held with Park East neighborhood residents, who expressed support for traffic-calming measures; that the proposed speed tables on Euclid Avenue and Tenth Street are personally supported. Commissioner Mason asked if the notices of the public hearing were mailed recently? City Auditor and Clerk Robinson stated that the notices were mailed on June 7, 2000. Commissioner Mason stated that meetings of the Park East Community Association concerning the NAS planning process were personally attended; that Park East neighborhood residents expressed support for traffic-calming measuresi that the Administration's recommendations are personally supported. Commissioner Quillin stated that new data are required to warrant support for the proposed speed tables; that 1997 data are inappropriate; that the Park East NAS Plan was personally approved; however, the intent was to revisit many issues, including traffic-calming measures; that further enforcement efforts should be attempted before speed tables are installed. Mayor Pillot stated that the installation of speed tables was not previously personally supported; that Commissioner Quillin's comments and questions are supported; however, a commitment exists to deliver the services requested by the Park East neighborhood residents; and asked if sufficient data exist to demonstrate continued Park East neighborhood resident support for the installation of speed tables? Ms. Hay stated that the Park East neighborhood residents have demonstrated support for the installation of speed tables and BOOK 47 Page 19702 06/19/00 6:00 P.M. BOOK 47 Page 19703 06/19/00 6:00 P.M. other ' necessary traffic-calming measures through petitions and neighborhood meetings; that letters were submitted to all Euclid Avenue residents in the Park East neighborhood; that residents have been requesting the proposed traffic-calming measures since 1994. Mayor Pillot asked if the notice of public hearing sent to Park East neighborhood residents included information concerning the current public hearing and indicated residents would have an opportunity to speak? City Auditor and Clerk Robinson stated yes; that the notice also appeared in the Sarasota Herald-Tribune and indicated the time and location of the public hearing. Vice Mayor Hogle stated that approximately 230 notices were sent to the property owners of the Park East neighborhood by the Office of the City Auditor and Clerk. Mayor Pillot stated that Commissioner Quillin's concerns are personally supported; however, the repeated requests of the Park East neighborhood residents to install traffic-calming measures outweigh the expressed concerns. Commissioner Quillin asked the reason paved brick speed tables are installed in neighborhoods west of US 41 while asphalt speed tables are installed in neighborhoods east of US 41? Ms. Hay stated that all types of speed tables were considered; that requests exceeded the $50,000 budgeted for the installation of speed tables; that the Traffic Calming Element proposes the installation of paved brick speed tables at streets designated as gateways by neighborhood residents, and asphalt speed tables on other neighborhood streets in Park East, which was the strategy followed on Bird Key. Commissioner Quillin asked if speed humps or speed tables will be installed? Ms. Hay stated that speed tables will be installed. Commissioner Quillin asked if the speed tables will be positioned on streets to maintain a speed limit of 25 miles per hour? Ms. Hay stated yes; that the proposed speed tables will be installed 500 feet apart, provided driveways and stormwater inlets are not affected. Ms. Dearman stated that the speed tables will achieve a 4.5-foot elevation up to the 4-inch height; that each speed table will be 10 feet in length; that Staff measured many cars and found the design appropriate. Mayor Pillot asked if the Commission previously voted to discontinue use of speed humps as traffic-calming measures? City Auditor and Clerk Robinson stated yes. Mayor Pillot called for a vote on the motion to approve the Traffic Calming Element of the Park East Neighborhood Action Strategy (NAS) Plan and authorize the City Engineering Department to have speed tables installed. Motion carried (3 to 1): Hogle, yes; Mason, yes; Quillin, no; Pillot, yes. 8. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO 00-4239, TO REZONE t 1.30 ACRES GENERALLY LOCATED SOUTH OF 17TH STREET, NORTH OF 12TH STREET, AND BOUNDED ON THE WEST BY EUCLID AVENUE AND ON THE EAST BY STRINGFIELD AVENUE WITH A STREET ADDRESS OF 1531 STRINGFIELD AVENUE FROM THE MULTIPLE- -FAMILY RESIDENTIAL-1 (RMF-1) ZONE DISTRICT TO THE INDUSTRIAL, LIGHT WAREHOUSING (ILW) ZONE DISTRICT IN ORDER TO MAKE THE EXISTING LAND USE ON THE SITE A CONFORMING USE UNDER THE ZONING CODE (1998) (I.E., THE STORAGE AND REPAIR OF CARNIVAL AND CIRCUS EQUIPMENT) ETC. (TITLE ONLY) (REZONE APPLICATION NO. 99-RE-11, APPLICANT CITY OF SARASOTA) PASSED ON FIRST READING (AGENDA ITEM IV-B) #1 (1790) through (2377) Mayor Pillot requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that the City has initiated Rezoning Application No. 99-RE-11 as incorporated in proposed Ordinance No. 00-4239; therefore, the City stands in the position of the Applicant; that the recommendation is to allow 10 minutes for the Applicant's presentation and 5 minutes for rebuttal; that no individuals have applied for certification as an Affected Person; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that other interested persons will have 3 minutes to speak; that speakers may request additional time which, if granted, will be BOOK 47 Page 19704 06/19/00 6:00 P.M. BOOK 47 Page 19705 06/19/00 6:00 P.M. determined at the discretion of the Commission; that Applicants, the City, and Affected Persons are afforded the opportunity to present evidence and expert witnesses and for cross-examination. City Auditor and Clerk Robinson stated that proposed Ordinance No. 00-4239 pertains to Rezoning Application No. 99-RE-11 and was initiated by the Commission through the Planning and Development Department to rezone t 1.30 acres of land generally located south of 17th Street, north of 12th Street, and bounded on the west by Euclid Avenue and on the east by Stringtield Avenue with a street address of 1531 Stringfield Avenue from the Multiple-Family Residential-1 (RMF-1) to the Industrial, Light Warehousing (ILW) Zone District to make the existing land use on the site a conforming use under the Zoning Code (1998). Mayor Pillot requested that City Attorney Taylor explain the term ex parte communications. City Attorney Taylor stated that ex parte communications are discussions taking place between members of the Commission and another party interested in the proceedings at a time and location other than Commission meetings. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Vice Mayor Hogle and Commissioners Mason and Quillin stated that no ex parte communications have occurred. Mayor Pillot stated that ex parte communications have taken place with property owner Livio Cristiani on two occasions. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Harvey Hoglund, Senior Planner II, Planning and Development, came before the Commission and stated that the history of Rezoning Application No. 99-RE-11 began in 1995 at the time the property owner was informed the property was a non-conforming use; that the site has been used for over 20 years for the storage of circus equipment and has been in the RSF-1 Zone District; that the City initiated Rezoning Application No. 99-RE-11 to spare the property owner expense and procedural requirements regarding the application process; that in August 1999, Rezoning Application No. 99-RE-11 underwent a neighborhood association review, followed by the Development Review Committee process; that on May 3, 2000, the Planning Board/Local Planning Agency (PBLP) held a public hearing regarding Rezoning Application No. 99-RE-11 and unanimously voted to recommend Commission approval of the request subject to two conditions as follows: 1. Future development on the 1531 Stringfield Avenue property shall have a maximum floor area ratio (FAR) of 1.0. 2. The 1531 Stringfield Avenue property shall only be developed and used for the storage and repair of circus and carnival equipment unless and until a future application for a development approval is submitted by the property owner for other uses permitted in the ILW Zone District (i.e., site plan approval) subsequent development approval applications shall be accompanied by the traffic data required by Section IV-203, Zoning Code (1998) to enable the Engineering Department to perform a traffic concurrency analysis for the specific development proposed a subsequent Certificate of Concurrency demonstrating a transportation concurrency has been satisfied shall be required for the specific development proposed additional on-site or off-site improvements may be required to address transportation impacts or to satisfy concurrency requirements, based upon the type and size of the proposed development. Mayor Pillot asked for Clarification of the term FAR. Mr. Hoglund stated that FAR is the size of the building in relation to the site size; that the property is t 1.3 acres; that the first limitation provides for a building of substantial size; that the second limitation relates to the ability to convert the property to another use and was a topic of considerable discussion at the PBLP public hearing; that the property owner desires freedom to convert the land for other purposes and wishes to maintain the freedom for future owners; that the property owner does not desire unusual limitations; that converting property use, even with established zone districts, requires following certain procedures; that two particular procedures refer to the site plan approval process required by the Zoning Code (1998) and the traffic concurrency analysis to ensure new uses of the property are concurrent with limitations of the current public infrastructure; that the property owner may have misconceptions regarding future BOOK 47 Page 19706 06/19/00 6:00 P.M. BOOK 47 Page 19707 06/19/00 6:00 P.M. development of the site; that future development will require following the same procedures required for any other property; that a list of uses pertaining to the ILW Zone District provides for over 100 different possibilities; that additional structures would not adversely affect the surrounding community; however, other possibilities have the potential for substantial impact to the area due to the FAR allowing for a large building. Mayor Pillot stated that in the future, the property owner is not restricted from uses allowed in the ILW Zone District provided the appropriate procedures are followed. Mr. Hoglund stated that the property owner is treated no differently than other applicants in terms of leniency or restriction; that provisions are built into the Zoning Code (1998). Mayor Pillot asked if City-initiated Rezoning Application No. 99-RE-11 is favorable to the property owner and the City. Mr. Hoglund stated yesi that the burden and cost of the application process would be on the property owner if the City did not initiate the process; that the property owner will be in a less favorable position if the Commission denies proposed Ordinance No. 00-4239. Mayor Pillot asked if any interested persons have signed up to speak? City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Pillot requested that the Applicant come forward for rebuttal. City Auditor and Clerk Robinson stated that the Applicant has no rebuttal. Mayor Pillot closed the public hearing and requested Commissioner supplemental remarks. Commissioner Quillin asked if the rezoning will create an enclave? Mr. Hoglund stated that the properties on the west side of Stringfield Avenue are in the Production Intensive Commercial Future Land Use Classification; that the rezoning is consistent with the long-range vision for the City; that property owners must initiate the process to change designated zone districts; that many properties in the City are part of an existing zoning pattern which does not conform to the Future Land Use Classifications; that the City expects property owners will most likely initiate zoning changes for the properties. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4239 by title only. On motion of Commissioner Mason and second of Vice Mayor Hogle, it was moved to pass proposed Ordinance No. 00-4239 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yes; Pillot, yes; Quillin, yes; Hogle, yes. 9. CITIZENS' INPUT CONCERNING CITY TOPICS: (AGENDA ITEM V) #1 (2377) There was no one signed up to' speak. 10. UNFINISHED BUSINESS: REPORT RE: MONTHLY UPDATE REGARDING THE GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORP. ACCEPTED THE REPORT (AGENDA ITEM V1-2) #1 (2377) through (3216) Cynthia Porter, Executive Director, Greater Newtown Community Redevelopment Corporation (GNCRC), came before the Commission. Deputy City Manager Schneider stated that the Commission has requested grant recipients provide monthly updates; that the Administration has scheduled the updates to occur at the second Regular Commission meeting of each month; that GNCRC pursues several initiatives under contract with the Cityi that time limits should be established for speaking. Mayor Pillot stated that the Commission has requested a time limit of 5 minutes without interruption followed by questions and discussion without time limits. Ms. Porter referred to a photograph of the house at 3022 Osprey Avenue included in the third quarter deliverables entitled "Progress Report Third Quarter Greater Newtown Community Redevelopment Corporation' (report); stated that the first house renovated by GNCRC has been completed and inhabited on Osprey Avenue; that the location of the property was withheld from the Commission to prevent price gouging; that the family moved in on July 17, 2000; that GNCRC is very proud of and the Commission is BOOK 47 Page 19708 06/19/00 6:00 P.M. BOOK 47 Page 19709 06/19/00 6:00 P.M. welcome to visit the home; that GNCRC is currently working with the Office of Housing and Community Development; that classes are continuing; that New College of the University of South Florida students are collecting data to complete a thorough assessment of needs for business located on Dr. Martin Luther King, Jr., Way (MLK Way); and distributed a copy of the proposal entitled "Florida Front Porch Initiative Proposal" submitted to receive designation as a Front Porch Florida community. Ms. Porter continued that GNCRC is an Associate of the Florida Main Street program sponsored by the Division of Historical Resources, Florida Department of State, and not a designated member; that as an Associate, GNCRC receives a small fraction of the 16 services available to designated Florida Main Street program members; that Florida Main Street did not provide any services to GNCRC for the quarter; therefore, a Florida Main Street report has not been prepared for the quarter; that a report has been submitted to Florida House Institute for Sustainable Development (FHI) and the State Environmental Protection Agency (EPA) regarding the Urbaculture site; that meetings take place at. the end of each month with FHI and EPA to discuss status of the ongoing project; that Juneteenth 2000 was celebrated on June 17, 2000; and referred to the Juneteenth 2000 celebration brochure contained in the report indicating the various activities for the celebration. Ms. Porter further stated that GNCRC was not approved for the Front Porch Florida program sponsored by the Office of Urban Opportunity in September 1999 and has been working on an application to submit for fiscal year (FY) 2000/01; that the Community Service Coalition Newtown has been designated as the initial Front Porch Florida Board to help shape the application for FY 2000/01; that the Community Service Coalition Newtown meets the second Thursday of each month; that residents of the Newtown neighborhood were asked if the Front Porch Florida program is desired in the community; that many grants approved for Front Porch Florida are community driven and not service- provider or government driven; that GNCRC is taking steps to ensure the Front Porch Florida program application for FY 2000/01 is community driven. Commissioner Quillin stated that the Juneteenth 2000 celebration was enjoyable. Ms. Porter stated that plans for Juneteenth 2001 include providing carnival rides for children along the street. Commissioner Quillin stated that the Helen Payne Day Nursery is a good place for carnival rides; that signage should be provided to designate parking areas during the Juneteenth celebrations; that the dance troops were wonderful; Commissioner Quillin referred to the May 15, 2000, letter from Gregory Horwedel, Director of Neighborhood Development, to GNCRC requesting additional information and the May 30, 2000, response from GNCRC and stated that the response provided was aisproportionate to the few questions asked; that copies of numerous items were provided in response to specific questions; that copies of cancelled checks were provided; and asked for clarification of the reasons GNCRC is transferring funds to Provident Bank? Ms. Porter stated that GNCRC has a Provident Bank account; that certain bills are paid and do not relate to the scope of service provided to the City by GNCRC from the Provident Bank account rather than the SunTrust Bank account; that funds in the Provident Bank account were transferred to the SunTrust Bank account and used to pay bills due to late City reimbursements; that the Provident Bank account was subsequently reimbursed following the GNCRC reimbursement process. Commissioner Quillin referred to the following checks written to Provident Bank: a In January 2000: a check for $1,848 In February 2000: three checks for $2,261 On March 3, 2000: two checks for $2,616 Commissioner Quillin asked if the City is the only source of deposits to the SunTrust Bank account? Ms. Porter stated that GNCRC does not mix funds in the SunTrust Bank account which is designated for City funds. Commissioner Quillin asked for clarification of the reason for transferring City funds to Provident Bank. Ms. Porter stated that GNCRC must wait up to 60 days before a City reimbursement is issued; that the SunTrust Bank account BOOK 47 Page 19710 06/19/00 6:00 P.M. BOOK 47 Page 19711 06/19/00 6:00 P.M. established for City-related expenses has a line of credit; however, existing funds in the Provident Bank account are used to pay bills to avoid accruing interest from the SunTrust Bank line of credit. Mayor Pillot stated that avoiding interest payments results in a better use of funds. Ms. Porter stated that donations other than City funding are placed in the Provident Bank account to avoid mixing funding sources. Commissioner Quillin stated that for several months, the Commission has requested a listing of all funds GNCRC has received in support of the program and has received no response; and asked if a report is forthcoming? Ms. Porter that a concern is the legality of the request; that the SunTrust Bank account is dedicated solely to pay for items within the scope of services with the Cityi that other items such as rent are outside of the scope of services with the City and are not funded by the City; that the City may not have the legal right for an investigation of other accounts; that a response is necessary from GNCRC's attorneys. Commissioner Quillin stated that the request does not concern other accounts; that City funds are being transferred from one account to another; that the inquiry concerns the use of the City funds which have been transferred; that a list of grants or funds received by GNCRC has been requested; that the City is listed in the Juneteenth 2000 celebration brochure as a participant; that receiving information concerning funds generated from the Juneteenth 2000 celebration brochure would be helpful; that City funds were contributed to the various activities; that an accounting is requested; that the City should be able to ask the reason for transferring from an account of only City funds to another account. Mayor Pillot asked for legal comment. City Attorney Taylor stated that City funds may not be available to pay for permissible expenses; therefore, funds are withdrawn from a separate account which is subsequently reimbursed upon receipt of City funds; that the City has the right to inquire as to the expenses covered by the Provident Bank account which were later reimbursed by the SunTrust Bank account. Ms. Porter stated that the information will be provided to the Commission. On motion of Commissioner Mason and second of Vice Mayor Hogle, it was moved to accept the update report regarding the GNCRC. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 11. UNFINISHED BUSINESS: REPORT RE: : UPDATE ON THE FLORIDA HOUSE INSTITUTE URBACUITURE PROJECT - RECEIVED REPORT (AGENDA ITEM VI-3) #1 (3216) through #2 (0207) John Lambie, Executive Director, Florida House Institute for Sustainable Development (FHI), and Mike Sosadeeter, Project Coordinator, Urbaculture Project, FHI, came before the Commission. Mr. Lambie referred to the 1999-2000 FHI Urbaculture Project Report to the Commission and stated that Mr. Sosadeeter recently joined the FHI Urbaculture Project as Project Coordinator; that Mr. Sosadeeter's qualifications and experience include landscape architecture, directing Habitat for Humanity International (HFH) in Michigan, international development work in Haiti and the Caribbean, a Master's Degree of Permaculture, and other positions in community organization and development; that the FHI engages in many activities; that the City received a grant from the United States Environmental Protection Agency (EPA) in October 1999 to conduct a Targeted Brownfield Assessment (TBA) on the 15-acre City-owned site at 1046 Dr. Martin Luther King Jr. Way (MLK Way); that the site is a former community landfill and dump; that the City's primary contractor to work on the site is FHI, which is responsible for evaluating conditions on the site and assisting the City in developing a viable reuse plan for the property; that the Report to the Commission documents the previous two quarters of Urbaculture Project activities; that the activities began in January 2000; that FHI recently conducted a Phase I environmental survey and remains uncertain as to the contents of the site; that the site was originally estimated at 19 acres; that the survey found the site is approximately 15 acres; that the original boundary description contained in the FHI's lease with the City indicates the site as 19 acres; that the survey recommends a more thorough Phase II environmental analysis; that FHI and EPA recently conducted a BOOK 47 Page 19712 06/19/00 6:00 P.M. BOOK 47 Page 19713 06/19/00 6:00 P.M. TBA of the site and dug test wells for preliminary testing; that FHI staff commenced redefining the project to cover the entire site beginning October 1999; that navigating the protocols of local, State and Federal agencies to obtain a reuse plan for the site has been challenging and difficult at times; that preliminary testing indicates the wells and soil are contaminated; that more testing will be conducted during Phase II testing of the site; that FHI staff will discuss the results with the EPA, the State Department of Environmental Protection (DEP) and other agencies; that the purpose of the discussions will be to arrive at a site-mitigation plan to permit redevelopment of the site, which will require additional testing and may result in liabilities for the City; that the City will be liable for mitigation if further contamination, treated or not, is found; that the test results may induce the EPA to require the City to fund treatment of the contamination; that current testing and knowledge does not indicate further contamination; that many conversations were held with DEP concerning appropriate mitigation strategies. Commissioner Mason asked when the EPA's recommendations concerning potential redevelopment of the site will be issued? Mr. Lambie stated that the DEP obtained regulatory authority in July 1998 during the final permitting stage and ruled the site should be treated as a "brownfield", that two years passed before reaching the current stage in the regulatory process; that covering the current contamination and special stormwater strategies may be required; that the testing process will take at least 15 months from October 2000; that the mitigation strategy planning process begins following the end of the treatment process; that delays should be expected. Commissioner Mason stated that the "Living with Trash" Site History Narrative prepared by Kyleelise Holmes and included in the agenda material provides an excellent history of the Doctor Martin Luther King Way site. Mr. Lambie stated that the "Living with Trash" Site History Narrative has an accompanying video, which will be provided to the Commission. Commissioner Mason stated that the Commission and FHI have discussed plans for an open air market for goods other than the goods currently grown at the Doctor Martin Luther King Way site; that the Commission has not received materials to renew the lease and add an open air market. Mr. Lambie stated that FHI will be required to renew the lease upon expiration; that the lease is a five-year lease with an optional five-year extension; that FHI and the Commission will have to review the lease concerning the addition of an open air market; that the Community Market Place activity on the front portion of the Doctor Martin Luther King Way site should not pose any problems in relation to a potential mitigation strategy or construction, which will not be as heavy as constructing a building. Commissioner Quillin asked for clarification on the finances of the FHI Urbaculture Project following receipt of the EPA grant? Mr. Lambie stated that the most recent EPA grant totals $197,000; that FHI spent approximately $11,000 in the first quarter and approximately $15,000 in the second quarter; that Phase I has been completed; that preliminary mitigation strategies are underway which drive the next phase of testing; that a Phase II testing plan is in development which will determine testing locations; that any project over $10,000 is submitted for competitive bid; that Phase II testing is expected to cost over $10,000 and will be submitted for competitive bid. Commissioner Quillin asked if the EPA will request additional tests for water or core samples as Phase II is executed? Mr. Lambie stated that the TBA was funded by the DEP, which provided approximately $50,000 worth of work and data associated with the TBA at no cost; that neither the City nor FHI has a relationship with the consulting firm responsible for creating the TBA. Commissioner Quillin stated that a consulting firm familiar with the Doctor Martin Luther King Way site would provide many benefits in analyzing topography if able to work on the project. Mr. Lambie stated that a local consulting firm has volunteered numerous hours to FHI; that the firm has negotiated a financial deal to test the area; that FHI has requested New College of the University of South Florida students provide volunteer hours to the project. Mr. Sosadeeter stated that time spent in the City is enjoyable; that the Urbaculture Project has been a challenging effort; that BOOK 47 Page 19714 06/19/00 6:00 P.M. BOOK 47 Page 19715 06/19/00 6:00 P.M. skills and energy will be provided to move the project forward effectively; that significant efforts will be expended to work with the City in all Urbaculture Project activities. Mayor Pillot stated that the enthusiasm and background of Mr. Sosadeeter will ensure the success of the Urbaculture Project. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to receive the update report regarding the FHI Urbaculture Project. Motion carried unanimously (4 to 0): : Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 12. NEW BUSINESS: APPROVAL RE: : MONTH-TO-MONTH LEASE AND CONCESSION AGREEMENT FOR DANTE ' S RESTAURANT TO USE THE NORTHERN HALF OF LEMON AVENUE MALL - APPROVED THE LEASE AND CONCESSION AGREEMENT INCORPORATING THE PROVISIONS FOR USE AS A SIDEWALK CAFE INCLUDING THE SITE PLAN, NUMBER OF TABLES, AND DISTANCE BETWEEN THE TABLES (AGENDA ITEM VII-1) #2 (0207) through (0325) Deputy City Manager Schneider stated that Dante's Downtown restaurant (Dante's Downtown) located at 1490 First Street has been negotiating with the City for use of the area next to the restaurant which occupies the northern half of the Lemon Avenue Mall; that Dante's Downtown wishes to use the area as an outdoor dining area for guests; that discussions regarding the Lease and Concession Agreement have been ongoing for the past few months and initially intended to provide for a long-term agreement; that the proposed Lease and Concession Agreement is similar to Café Kaldi's lease for the southern portion of the Lemon Avenue Mall and is a month-to-month lease; that Staff will provide several clarifications pertaining to the Lease and Concession Agreement; that the daily rental rate of $25 applies to the days Dante's Downtown actually occupies the space during the month; that the provisions of a sidewalk café permit have been incorporated in the Lease and Concession Agreement based upon the Commission's prior discussion concerning use of the Lemon Avenue Mall; that use as a sidewalk café should be limited by the Lease and Concession Agreement which determines the site plan, number of tables, and distance between the tables and not a sidewalk café permit which has some timeframes conflicting with the terms of the Lease and Concession Agreement; that the City has the ability to terminate and prefers the Lease and Concession Agreement with the added provisions. Mayor Pillot asked if the specific limitations of a sidewalk café permit are inherent in the lease? Deputy City Manager Schneider stated yes; however, the limitations require clarification. Mayor Pillot asked if the conditions of the Lease and Concession Agreement are acceptable to the proprietor? Deputy City Manager Schneider stated yes. Commissioner Quillin referred to a memorandum dated June 15, 2000, to Deputy City Manager Schneider, from Michael Connolly, Attorney, City Attorney's Office, indicating the Company name JAMJ, Inc., used in reference to Dante's Downtown; and asked if the Application for Registration of Fictitious Name has been approved? Deputy City Manager Schneider stated that at the current time, the Application for Registration of Fictitious Name has not been approved; and cited paragraph 35 of the Lease and Concession Agreement as follows: Fictitious Name: TENANT acknowledges that TENANT shall not be entitled to any renewal of this Agreement unless and until TENANT fully complies with the fictitious name regulations of the State of Florida. On motion of Vice Mayor Hogle and second of Commissioner Quillin, it was moved to approve the Lease and Concession Agreement incorporating the provisions for use as a sidewalk café including the site plan, number of tables, and distance between the tables. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 13. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #2 (0325) There were no Commission Board or Committee reports. 14. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - EXTENDED AN INVITATION TO THE NEW EXECUTIVE DIRECTOR TO ATTEND AN UPCOMING REGULAR COMMISSION MEETING, : REFERRED TO THE ADMINISTRATION THE ISSUE OF PAVING THE AREA ON GILLESPIE AVENUE BETWEEN 18TH AND 19TH STREETS AND INCLUSION AS A LINE ITEM IN THE CAPITAL IMPROVEMENT ELEMENT/ CAPITAL IMPROVEMENT PROGRAM (CIE/CIP); REQUESTED A STATUS REPORT REGARDING THE PROPOSAL FROM MEN AGAINST BOOK 47 Page 19716 06/19/00 6:00 P.M. BOOK 47 Page 19717 06/19/00 6:00 P.M. DESTRUCTION DEFENDING AGAINST DRUGS & SOCIAL DISORDERS (MADDADS) CONCERNING LEASING PROPERTY NEAR THE INTERSECTION OF COCOANUT AVENUE AND DR. MARTIN LUTHER KING, JR. WAY i APPROVED FUNDS FOR COMMISSIONER MASON TO ATTEND THE FLORIDA LEAGUE OF CITIES, INC., 2000 CONFERENCE IN FORT LAUDERDALE, 1 FLORIDA; REFERRED TO THE ADMINISTRATION TO EVALUATE THE GNCRC BANK RECORDS TO DETERMINE IF AN AUDIT IS NECESSARY (AGENDA ITEM X) #2 (0325) through (0615) COMMISSIONER MASON: A. stated that Rudy Vazmina, the new Executive Director of the Sarasota Housing Authority (SHA), began his appointment on June 19, 2000, and will attend the SHA Board meeting on June 21, 2000. Mayor Pillot requested that Commissioner Mason extend an invitation on behalf of the Commission for the new SHA Executive Director to attend a Regular Commission meeting as is convenient. Commissioner Mason stated that the invitation will be extended. B. stated that the Commission should consider paving the area on Gillespie Avenue between 18th and 19th Streets and including the paving as a line item in the Capital Improvement Element/Capital Improvement Program (CIE/CIP). Mayor Pillot stated that hearing the Commission's agreement, the paving of Gillespie Avenue is referred to the Administration. C. stated that the efforts of William Spitler, Lieutenant, Sarasota Police Department, and the team of Police Officers are appreciated for the excellent job performed at the Juneteenth 2000 celebration. D. stated that a status report regarding the proposal from Men Against Destruction Defending Against Drugs & Social Disorders (MADDADS) concerning leasing property near the intersection of Cocoanut Avenue and Dr. Martin Luther King, Jr. Way would be appreciated. E. stated that the Commission's approval of funds to attend the Florida League of Cities, Inc. (FLC), 2000 Conference in Fort Lauderdale, Florida, is requested. Vice Mayor Hogle stated that attending the FLC 2000 Conference is a great concept; that personal attendance is planned for the Conference as a member of the Criminal Justice Subcommittee; that Commissioner Mason is also on a subcommittee. Mayor Pillot asked for clarification of actions pertaining to travel allowances. City Auditor and Clerk Robinson stated that once a Commissioner surpasses the allocated travel allowance, permission from the Commission is necessary for approval of funds for travel. Mayor Pillot asked if formal action is required. City Auditor and Clerk Robinson stated yes. On motion of Vice Mayor Hogle and second of Commissioner Quillin, it was moved to approve Commissioner Mason's request for funding to attend the Florida League of Cities, Inc., 2000 Conference in Fort Lauderdale, Florida. Motion carried unanimously (4 to 0): : Hogle, yes; Mason, yesi Pillot, yes; Quillin, yes. F. stated that the Administration has been requested to provide a status report concerning funding of Commissioners' travel in the fiscal year (FY) 2000/01 budget. Commissioner Quillin stated that FLC provides excellent training programs for new Commissioners; that the FLC training program was personally attended as a new Commissioner; that Commissioners Hogle and Mason also attended the FLC training program; that Commission travel funds should be allocated for training; that the three Commissioners who have attended the program know the value of the training; that programs related to education should not be considered travel; that education expense should be separated from travel expense. Commissioner Mason stated that the majority of Commission travel is for educational purposes; that the Administration consulted each Commissioner regarding increasing the Commission travel allowance for FY 2000/01. BOOK 47 Page 19718 06/19/00 6:00 P.M. BOOK 47 Page 19719 06/19/00 6:00 P.M. Deputy City Manager Schneider stated that the Commission travel allowances budget is being developed and will be detailed during the FY 2000/01 budget process. Mayor Pillot stated that the FLC training programs are valuable; that the training seminars and conferences have not been attended for the duration of his tenure as a member of the Commission; that ten years as Superintendent of Sarasota County Schools allowed the participation in numerous conferences and conventions at the State and national level as a speaker, presenter, and participant; that the value of the conferences is supported for Commissioners past, present, and future. Commissioner Quillin stated that funds should be allocated specifically for the FLC conferences for new Commissioners. COMMISSIONER QUILLIN: A. stated that the bank transfers relating to the Greater Newtown Community Redevelopment Corporation (GNCRC) included in the Agenda material indicate checks out of sequence; that the Commission should request the Administration evaluate the GNCRC bank records to determine if an audit is necessary; that GNCRC is using taxpayer dollars. Mayor Pillot stated that the Commission's consensus is to refer the request for evaluation of GNCRC bank records to the Administration. B. stated that the Juneteenth 2000 celebration was a wonderful event. Mayor Pillot stated that regrets concerning the absence at Juneteenth 2000 are extended; that an unexpected out-of-town trip was required; that apologies and explanations have been expressed for missing the invitation. VICE MAYOR HOGLE: A. stated that the ceremony at Five Points Park and at Main Street and Palm Avenue for the newly purchased art took place on June 16, 2000; that the public should view the art and the positive changes taking place in the area. MAYOR PILLOT: A. stated that the attendance of Daniel Sauls, Scout, Boy Scouts of America, Troop 23, at the June 19, 2000, Commission meeting is appreciated; that congratulations for recent achievements as a Boy Scout and as a student graduating to McIntosh Middle School are offered. 15. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (0615) through (0665) DEPUTY CITY MANAGER SCHNEIDER: A. stated that the Commission requested Staff meet with residents of Oakwood Manor Mobile Home Park; that the meeting took place on June 19, 2000; that a report regarding the topics of discussion at the meeting will be submitted to the Commission. CITY AUDITOR AND CLERK ROBINSON: A. stated that the next Regular Commission meeting will be held on July 5, 2000, instead of June 3, 2000, due to the July 4th holiday; that a workshop is scheduled at 2:00 p.m. and an informal meeting is scheduled at 4:00 p.m. on July 5, 2000. 16. ADJOURN (AGENDA ITEM XII) #2 (0665) There being no further business, Mayor Pillot adjourned the Regular meeting of June 19, 2000, at 7:52 p.m. BuR h GENE M. PILLOT, MAYOR ATTEST: SPER 3. BILLY E ROBINSON, EITY AUDITOR AND CLERK * BOOK 47 Page 19720 06/19/00 6:00 P.M.