MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 1, 1999, AT 6:00 P.M. PRESENT: Mayor Jerome Dupree, Vice Mayor David Merrill, Commissioners Mollie Cardamone and Albert Hogle, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT : Commissioner Gene Pillot PRESIDING: Mayor Jerome Dupree The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation Eollowed by the Pledge of Allegiance. 1. PRESENTATION RE: CITY OF SARASOTA PROCLAMATION, PROCLAIMING THE MONTH OF MARCH 1999 AS "HONDURAS RELIEF MONTH" #1 (0031) through (0135) Mayor Dupree requested that Warren Caldwell, founder of the La Lima Disaster Relief Fund, come before the Commission. Mr. Caldwell came before the Commission; presented a tape depicting the devastation in La Lima, Honduras, following Hurricane Mitch in October 1998 to Mayor Dupree; and stated that a program for cities across the nation is being developed to aid the people of Honduras and has support of the Mayor of Venice, Mayor Dupree, and the U. S. Conference of Mayors; that a list of 1,000 cities supporting the effort will be provided later; that the Hispanic American Alliance for Family and Progress, located at 731 North Lime Avenue, will handle the relief effort and may be contacted for information or to receive a copy of the tape. Mayor Dupree read a proclamation designating the month of March 1999 as "Honduras Relief Month"; and stated that assistance is requested for the City of La Lima, Honduras, in the form of donations, food and medicine; that a program providing basic necessities and supplies to the people of La Lima, Honduras, is of special importance and worthy of recognition of the citizens of the City of Sarasota. 2. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR FEBRUARY, 1999, TIMOTHY WILLIS, BUYER, CENTRAL STORES, GENERAL SERVICES DEPARTMENT #1 (0142) through (0362) BOOK 45 Page 18062 03/01/99 6:00 P.M. BOOK 45 Page 18063 03/01/99 6:00 P.M. Nancy Carolan, Director, General Services Department, and Dennis Wallace, Manager, Purchasing Department, came before the Commission and requested that Timothy Willis, Buyer, Central Stores, General Services Department, 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. Willis has served with excellence and pride as an employee of the City for 17 years. Mr. Wallace stated that he has worked closely with Mr. Willis for the past year and appreciates the organizational skills and calm demeanor displayed by Mr. Willis in the face of difficult situations. Mayor Dupree presented Mr. Willis with a City-logo watch, a plaque, and a certificate as the February 1999 Employee of the Month in appreciation of his unique pertormance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Willis accepted the awards, thanked the Commission, and recognized his wife Rose and daughter Becky who were present in the audience. 3. PRESENTATION RE: RECOGNITION OF THE CITY OF SARASOTA UNITED WAY DEPARTMENTAL TEAM LEADERS FOR THE 1998/1999 CAMPAIGN ACHIEVEMENT #1 (0382) through (0850) William Davenport, Director of Human Resources and the City's United Way Campaign Chair, came before the Commission and stated that the enthusiasm and efforts of the Departmental Team Leaders are appreciated and will be recognized; that the following persons are present in the audience and should be recognized: Lucy Micandri Director of Campaign and Marketing for Sarasota County United Way Nilda Carrasquillo United Way Campaign Loaned Executive Janice Docking City of Sarasota Coordinator Ted Bogusz, Chairman, 1998/99 United Way Campaign, came before the Commission and presented a plaque to City Manager Sollenberger recognizing the City as a "Top 10" contributor to the United Way of Sarasota County employee campaign. City Manager Sollenberger stated the plaque is appreciated and made possible by the efforts of all the City employees working for the campaign; that the highlight of the campaign occurred at a meeting with the Public Works Department one morning when Mayor Dupree's fundraising speeches at 6 a.m. 7 a.m. and 8 a.m. improved dramatically with each presentation; that the Mayor's efforts are greatly appreciated. Mr. Bogusz stated that the City's employees gave a record $38,269.12 in the 1998/99 United Way Campaign; that 46 percent of all employees gave in this year's campaign; that payroll deduction contributions increased from 32 percent in 1998 to 38 percent in 1999; that a record of over $3 million in pledges was announced at a United Way campaign celebration party on February 23, 1999; that the United Way currently has 39 agencies assisting pre-school children through senior citizens; that all funds are used locally to assist neighbors and friends; that many City employees, including the Mayor, volunteer money and services to the United Way; and presented a certificate and a record-setting campaign acrylic stand to each of the Departmental Team Leaders: Pat Frazier, Bobby Jones Golf Complex/Ed Smith Stadium Mary Pallante, Building, Zoning and Code Entorcement Karen McGowan, City Auditor and Clerk's Office Sandy Saraniero, City Manager's Office Karen Lusk, Engineering Department Lori Palama, Human Resources/Bmployee Services/Risk Management Suzy Milburn, Finance, Accounting and Payroll, accepted by Gibson Mitchell, Director of Finance Kim Lambert, General Services/Central Stores/ Mobile Home Park/Municipal Auditorium, accepted by Nancy Carolan, Director, General Services Department Lori Bryant, Housing and Community Development Department, accepted by Donald Hadsell, Director of Housing and Community Development Jackie Day, Information Systems Department, accepted by V. Peter Schneider, Deputy City Manager Leslie Lacktman, Van Wezel Performing Arts Hall, accepted by V. Peter Schneider, Deputy City Manager Branden Baily, Neighborhoods and Redevelopment Department, accepted by Gregory Horwedel, Director of Neighborhoods and Redevelopment Joyce Bryant, Planning Department, accepted by Michael Taylor, Deputy Director of Planning and Development Diane Nuttleman and Terry Winkel, Police Department, accepted by John Lewis, Chief of Police Alex Hernandez, Public Works Department, Public Works/ Utilities Division, accepted by William Hallisey, Director of Public Works BOOK 45 Page 18064 03/01/99 6:00 P.M. BOOK 45 Page 18065 03/01/99 6:00 P.M. Jaime Doubek, Sarasota Bay National Estuary Program, accepted by Mark Alderson, Executive Director, Sarasota Bay National Estuary Program Mayor Dupree stated that Mr. Davenport, United Way Campaign Chair, deserves congratulations for accepting the United Way fundraising task; that the efforts of the Departmental Team Leaders, as well as Janice Docking, City of Sarasota Coordinator, are appreciated; that the participation of City Staff is appreciated. Commissioner Cardamone stated that Mr. Bogusz was a community hero during the Olympic Torch Run sponsored by United Way on July 4, 1996; that Mr. Bogusz was selected to carry the torch from Main Street to the Bayfront and light the flame and considers the honor a major highlight of his life; that Mr. Bogusz' successful 1998/99 United Way Campaign is applauded and should also be considered a City highlight. 4. APPROVAL RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF OCTOBER 21, 1998 - APPROVED (AGENDA ITEM I) #1 (0850) through (0869) Mayor Dupree asked if the Commission had any changes to the minutes. Mayor Dupree stated that hearing no changes, the minutes of the special City Commission meeting of October 21, 1998, are approved by unanimous consent. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 3, AND 4 - APPROVED: ITEM NO. 2 - REFERRED TO ADMINISTRATION TO REPORT BACK ON SCHEDULING DISCUSSION CONCERNING FY 1999/2000 BUDGET (AGENDA ITEM III-A) #1 (0870) through (1012) Commissioner Cardamone requested that Item No. 2 be removed for discussion. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a three-year renewal of the Financial Advisor Consulting Agreement between the City of Sarasota and John Haylett & Co., Inc. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a three-year renewal of the Audit Agreement between the City of Sarasota and CPA Associates, P.A. 4. Approval Re: Contract for Sale to purchase property owned by Geneva Reid located at 1817 and 1825 Dr. Martin Luther King, Jr. Way to construct a Newtown Parking Lot. On motion of Vice Mayor Merrill and second of Commissioner Hogle, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 3, and 4. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Dupree, yes. 2. Approval Re: FY 1999-2000 Budget Calendar. Commissioner Cardamone referred to the memorandum dated March 1, 1999, from Gibson Mitchell, Director of Finance, to David Sollenberger, City Manager, concerning the proposed dates to consider the proposed budget for the fiscal year (FY) 1999/2000 which includes a final public hearing scheduled for the September 20, 1999, regular Commission meeting; and stated that a preference is to cancel the September 20, 1999, regular Commission meeting if possible; and asked the legal requirements for public hearings for the budget? Mr. Mitchell came before the Commission and stated that the City's budget for FY 1999/2000 is adopted during two required public hearing held in the month of September; that State laws will be reviewed; that the State's "Truth in Millage" law requires the two public hearings be separated by a certain amount of time; that the possibility of changing the September 20, 1999, public hearing date is unlikely. City Manager Sollenberger stated that the Administration can review the requested cancellation of the September 20, 1999, regular Commission meeting and report back at the March 15, 1999, regular Commission meeting. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to refer Consent Agenda No. 1, Item No. 2, to the Administration to review the requested cancellation of the September 20, 1999, regular Commission meeting and report back at the March 15, 1999, regular Commission meeting the possibility of rescheduling the FY 1999/2000 budget public hearing. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Dupree, yes. 6. CONSENT AGENDA NO. 2: ITEM NO. 1 (ORDINANCE NO. 99-4114) = APPROVED: ITEM NO. 2 (ORDINANCE No. 99-4117) - APPROVED: ITEM NO. 3 (ORDINANCE No. 99-4118) - APPROVED (AGENDA ITEM III-B) #1 (1012) through (1190) 1. Adoption Re: Second reading of proposed Ordinance No. 99-4114, relating to the regulation of cable BOOK 45 Page 18066 03/01/99 6:00 P.M. BOOK 45 Page 18067 03/01/99 6:00 P.M. communications systems operating within the incorporated limits of the City; etc. (Title Only) . 2. Adoption Re: Second reading of proposed Ordinance No. 99-4117, to rezone a parcel of City owned real property from the Governmental Uses (G) Zone District to the Office Park (OP) Zone District; said property being located at the northeast corner of Central Avenue and Tenth Street, a/k/a 1451 Tenth Street, as more particularly described herein; etc. (Title Only) (Petition No. 99-RE-01; Applicant: City of Sarasota). 3. Adoption Re: Second reading of proposed Ordinance No. 99-4118, to amend Ordinance No. 97-3974 by the amendment of previously approved Site and Development Plan 97-PSD-03 pertaining to the rezoning of the property commonly known as the Selby Library site; said amendment consists of deleting a condition of the rezoning and previously approved site plan such that the public alley abutting the north parking lot of the Selby Library site would be a two-way alley from Cocoanut Avenue to Central Avenue; approving Site and Development Plan 99-PSD-C as an amendment to the previously approved Site and Development Plan 97-PSD-03; providing for conditions; repealing ordinances in conflict; etc. (Title Only) (Petition Nos. 99-C0-03 and 99-PSD-C; Applicant: City of Sarasota). City Auditor and Clerk Robinson read proposed Ordinance Nos. 99-4114, 99-4117, and 99-4118 by title only: Commissioner Hogle stated that the work of V. Peter Schneider, Deputy City Manager, and Michael Connolly, Attorney, City Attorney's Office, in negotiating the franchise agreement with Comcast Cablevision of West Florida, Inc., is appreciated. City Attorney Taylor stated that Item No. 1, Ordinance No. 99-4114, involves two actions: 1) adoption of the ordinance and 2) changing the effective date of the franchise agreement to March 1, 1999; that one motion is sufficient for both actions. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 2, and 3. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yesi Dupree, yesi Hogle, yes; Merrill, yes. 7. NON QUASI- JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4113, AMENDING THE ZONING CODE (1998) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 98-4076; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM NO. IV-A) #1 (1200) through (1480) Paul Costanzo, Chief Planner, Planning and Development, came before the Commission; referred to the Land Development (LDR) Errata Revisions and stated that proposed Ordinance No. 99-4113 amends the Zoning Code (1998) to make technical scrivener's corrections to various portions of the Zoning Code (1998); that the only significant correction concerns bumperyards; that originally, 10-foot setbacks for every lot were required in the Commercial, Central Business District (C-CBD), the Commercial Tourist (CT) and Commercial, Business Newtown (CBN) Zone Districts; that the required setbacks are detrimental to development in the Downtown area; that the correction will eliminate the requirement for bumperyards in the C-CBD, CT, and CBN Zone Districts; that the Planning Board/Local Planning Agency (PBLP) at its February 3, 1999, meeting found the Land Development (LDR) Errata Revisions consistent with the Sarasota City Plan, 1998 Edition, and recommended approval to the City Commission. Mayor Dupree opened the public hearing. There was no one signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson entered the following documents into the record: Minutes of the January 6, 1999, Commission Workshop Minutes of the January 6, 1999 Planning Board/Local Planning Agency (PBLP) Regular Meeting Minutes of the February 3, 1999, PBLP Regular Meeting Draft Document - Errata Revisions Zoning Code (1999), dated January 21, 1999 Memorandum from Paul Costanzo, Chief Planner, to the (PBLP) dated January 20, 1999 City Auditor and Clerk Robinson read proposed Ordinance No. 99-4113 by title only. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4113 on first reading. Mayor Dupree requested City Auditor and Clerk Robinson to proceed with the roll-call vote. Motion carried unanimously (4 to 0): Dupree, yes; Hogle, yes; Merrill, yes; Cardamone, yes. BOOK 45 Page 18068 03/01/99 6:00 P.M. BOOK 45 Page 18069 03/01/99 6:00 P.M. Mayor Dupree requested that City Attorney Taylor explain the quasi-judicial process. City Attorney Taylor stated that the next three public hearings are quasi-judicial in nature which involves a degree of formality different from non quasi-judicial hearings; that evidence may be presented, witnesses and experts called and cross-examined, exhibits presented, and rebuttal offered by Applicants and Affected Persons; that the recommendation is the Applicant, the City and interested persons will have 3 minutes to address the Commission in the first two public hearings concerning Historic Designations; that in the rezoning request for 1704 Bay Road, the Applicant will be given 10 minutes for presentation and 5 minutes for rebuttal; that the City and Affected Persons will have 5 minutes for presentation and 3 minutes for rebuttal; that other interested persons will have 3 minutes to address the Commission; that the Commission must base any decision on competent and substantial evidence; that Commissioners are required to disclose ex-parte communications, if any. Mayor Dupree requested that City Auditor and Clerk Robinson explain the sign-up process. City Auditor and Clerk Robinson stated that individuals wishing to speak must complete a Request to Speak form; that speakers will be timed and advised when one 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. 8. QUASI-J JUDICIAL PUBLIC HEARING RE: : PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4122, PROVIDING FOR DESIGNATION OF THE STRUCTURE LOCATED AT 1911 OAK STREET HISTORICALLY KNOWN AS CURTISS-PETERS HOUSE AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #1 (1591) through (1922) City Auditor and Clerk Robinson stated that proposed Ordinance No. 99-4122 is a request for designation of the structure located at 1911 Oak Street, historically known as the Curtiss-Peters House, as a structure of historic significance pursuant to the Historical Preservation Ordinance of the City of Sarasota; that John and Laurie Marcus, husband and wife, are owners and applicants, with Robert Gentry, as agent.. Mayor Dupree requested disclosure of Commissioner ex-parte communications, if any. There were no Commissioner ex-parte communications and Mayor Dupree opened the public hearing and requested the Applicant come forward. Laurie Marcus, Applicant and owner, came before the Commission, gave a slide presentation to reference the location and to explain the characteristics of the Curtiss-Peters house; and stated that the request is for designation of the structure located at 1911 Oak Street as a structure of historic significance; that the house is a good example of Sarasota housing predating World War II; that the house was built in 1941 by Lynn Curtiss in response to a housing shortage in the City; that the house is a one-story Frame Vernacular Style residential building with Classical Revival influences; that the house maintains the original architectural integrity; that the interior is paneled with pecky-cypress; that the cabinetry, though without evidence of originality, predates World War II; that the exterior is constructed of horizontal tongue-and-grooye cedar flush board siding over a balloon frame; that accordian-style French doors lead to a sunroom; that the purpose for requesting historic designation is to protect the house in the future. Mayor Dupree requested Staff come Eorward for the City's presentation. Lorrie Muldowney, Sarasota County Historical Resources Specialist, came before the Commission and stated that the structure meets the following criteria for historic designation contained in Section IV-806A (1), Zoning Code (1998): (1) Exemplifies the broad cultural, and economic history of the City of Sarasota by its modest representation of the wood frame Vernacular Style commonly seen in Sarasota's residential building from the early 1940s. Ms. Muldowney referred to her memorandum dated February 19, 1999, to Jane Robinson, Director of Planning and Development, in the Agenda materials; and stated that an issue concerning the name of the structure was resolved; that originally, the name Curtiss House was proposed; that a nearby property owner at 1923 Oak Street claimed the name of Curtiss House since Mr. Curtiss resided in the house for a long period of time; therefore, the home, which is nominated for historic designation due to the architectural style rather than association with Mr. Curtiss, is now identified as the Curtiss-Peters House, representing the first two homeowners. City Attorney Taylor asked if the applicant has any objection to the name Curtiss-Peters House. BOOK 45 Page 18070 03/01/99 6:00 P.M. BOOK 45 Page 18071 03/01/99 6:00 P.M. Ms. Marcus stated no. City Attorney Taylor stated the name change is a non-substantive matter with regard to the quasi-judicial procedure; that the Commission, if willing to agree with the name change, can incorporate the name into proposed Ordinance No. 99-4122. Mayor Dupree stated that there is Commission consensus in support of the proposed name change from the Curtiss House to the Curtiss-Peters House. Mayor Dupree requested Affected Persons and other interested persons come forward. City Auditor and Clerk Robinson stated that no one has signed up to speak. Mayor Dupree requested rebuttal and Commissioner supplemental remarks, if any. There was no rebuttal or Commissioner supplemental remarks and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4122 by title only. On motion of Commissioner Hogle and second of Vice Mayor Merrill, it was moved to pass proposed Ordinance No. 99-4122. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Merrill, yes; Cardamone, yes; Dupree, yes. 9. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 99-4123, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 1620 WEWA DRIVE HISTORICALLY KNOWN AS THE HALL/GILLETTE HOUSE AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-B-2) #1 (1923) through (2183) City Auditor and Clerk Robinson stated that proposed Ordinance No. 99-4123 is a request for designation of the structures located at 1620 Wewa Drive, historically known as the Hall/Gillette House, as structures of historic significance pursuant to the historic preservation ordinance of the City of Sarasota; that Mikki Hartig, as agent for Rebecca Mouhot, as owner, is the applicant. Mayor Dupree requested disclosure of Commissioner ex-parte communications, if any. There were no Commissioner ex-parte communications and Mayor Dupree opened the public hearing and requested the Applicant come forward. Mikki Hartig, Historical & Architectural Research Services, came before the Commission, gave a slide presentation to reference the location and to explain the characteristics of the Hall/Gillette House; and stated that the application is a request for historic designation for structures located at 1620 Wewa Drive, which are nominated because of the architecture and as a representation of the second phase of development in McClellan Park subdivision; that the original owner was A. Edson Hall; that the house, built in 1925, is a two-story, stucco over brick, Mediterranean Revival style house which retains all original windows, including leaded- glass front first-floor windows; that the interior has rough plastered walls; that the second floor was extended in 1989; that the house is beautifully maintained; that the petition requests historic designation for the house, garden wall retaining an original wall fountain, and the garage which has been converted to a guest house. Mayor Dupree requested Staff come forward for the City's presentation. Lorrie Muldowney, Sarasota County Historical Resources Specialist, came before the Commission and stated that the structure meets the following criteria for historic designation contained in Section IV-806A (1) and (4), Zoning Code (1998): (1) Is associated with the second phase of development of the McClellan Park Subdivision, one of the earliest planned subdivisions in the City of Sarasota and therefore contributes to the broad pattern of local history. (4) Embodies the distinctive visible characteristics of the Mediterranean Revival architectural style with its rough stucco exterior, barrel clay tile roof, and asymmetrical plan. Mayor Dupree requested that Affected Persons and other interested persons come forward. City Auditor and Clerk Robinson stated that no one has signed up to speak. Mayor Dupree requested rebuttal and Commissioner supplemental remarks, if any. BOOK 45 Page 18072 03/01/99 6:00 P.M. BOOK 45 Page 18073 03/01/99 6:00 P.M. There was no rebuttal or Commissioner supplemental remarks and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4123 by title only. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4123. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0) : Merrill, yes; Cardamone, yes; Dupree, yes; Hogle, yes. 10. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4124, TO REZONE APPROXIMATELY 75 ACRES FROM THE RSF-2 ZONE DISTRICT (SARASOTA COUNTY) TO THE OPB-1 ZONE DISTRICT (CITY OF SARASOTA) TO ALLOW AN OFFICE BUILDING ON A PARCEL OF PROPERTY LOCATED GENERALLY ALONG THE SOUTHERN BOUNDARY OF BAY ROAD AND WEST OF OSPREY AVENUE, A/K/A 1704 BAY ROAD, MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN 99-PSD-B WHICH HAS BEEN PROFFERED AS A CONDITION OF THE REZONING; ETC. (TITLE ONLY) (PETITION NOS. 99-CO-02 & 99-PSD-B; APPLICANT: NAN PLESSAS, AS AGENT FOR THE RUSSO FAMILY TRUST, AS OWNER OF THE REAL PROPERTY) PASSED ON FIRST READING WITH THE ELIMINATION OF SECTION 5 (B) AND (G); RESTRICTED SIGNAGE TO IDENTIFICATION PURPOSES ONLY AND LIMITED TO A SIZE 50 PERCENT OF THE ALLOWABLE SQUARE FOOTAGE FOR THE OPB-1 ZONE DISTRICT (AGENDA ITEM NO. IV-B-3) #1 (2183) through #2 (0160) City Auditor and Clerk Robinson stated that proposed Ordinance No. 99-4124 is a request to rezone approximately . 75 acres from the Single Family-Low Density (RSF-2) Zone District (Sarasota County) to the Office, Professional and Business (OPB-1) Zone District (City of Sarasota) to allow construction of an office building on a parcel located at 1704 Bay Road and to approve Site and Development Plan Petition No. 99-PSD-B and Conditional Rezoning Petition No. 99-CO-02; that Nan Plessas, as agent for the Russo Family Trust, owner of the real property, is the applicant. Mayor Dupree requested disclosure of Commissioner ex-parte communications, if any. Commissioner Cardamone asked for clarification of ex-parte communications. City Attorney Taylor stated that communications which took place prior to filing by the Applicant are not considered ex-parte communications; that any discussion taking place outside of the public hearing process concerning the petitions for the Russo parcel would qualify as ex-parte communications. There were no Commissioner ex-parte communications and Mayor Dupree requested that City Attorney Taylor identify individuals seeking status as an Affected Person. City Attorney Taylor stated that Karl Brown, an owner residing within 500 feet of the subject property has filed and qualifies for status as an Affected Person. Mayor Dupree opened the public hearing and requested the Applicant come forward. Michael Furen, Law Firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, 2033 Main street (34237) and Nan Plessas Agent, representing Dr. John Russo and Lisa Russo, Trustees of the Russo property, came before the Commission. Attorney Furen submitted for the record two aerial views of the Russo property located at 1704 Bay Road west of the Bay Road Animal Hospital and the commercial parking for Sunset Chevrolet; and stated that the proposed dental office would act as a well- defined buffer between the more intense land uses to the east and the residential land uses to the west; that the proposed project is a low-intensity, small-scale development. Ms. Plessas stated that the 75 acre site includes a low- intensity, 3,564-square-foot building; that efforts have been made to save the large oak trees on the site; that the parking lot has been developed around the oak trees; that a serpentine wall located in the front of the building has been eliminated, following discussions by the Planning Board/Local Planning Agency (PBLP). Attorney Furen stated that two issues were discussed at the February 3, 1999, PBLP meeting: 1) the serpentine wall which has been removed and 2) limiting the hours of operation to between 7 a.m. and 11 p.m. which were subsequently accepted by the Applicant; that the site plan is consistent with the Sarasota City Plan, 1998 Edition, as well as the City's Tree Protection Ordinance; that the rezoning and site plan comply with all other applicable regulations of the City; that the Agenda Request and accompanying materials should be included in the public record. Attorney Furen continued that Dan Beychok, the immediate westerly neighbor at 1620 Bay Road, is not in the audience which probably indicates most concerns have been successfully addressed. BOOK 45 Page 18074 03/01/99 6:00 P.M. BOOK 45 Page 18075 03/01/99 6:00 P.M. Mayor Dupree requested that Staff come forward for the City's presentation. Mark Hess, Senior Planner, Planning and Development Department, came before the Commission and stated that the site plan presented for Commission approval includes changes recommended by the PBLB; that the serpentine wall which was the main issue discussed at the February 3, 1999, PBLP meeting has been eliminated; and referred to Section 5 (B) and (G) of proposed Ordinance No. 99-4124 which Staff recommends deleting from the proposed ordinance as follows: Section 5 B. Site, development and construction plans shall be in compliance with plans labeled "Bay Road Dental Office" dated January 7, 1999, provided, however, within ten (1) days of action taken on Rezone Application 99-C0-02 and Site Plan Application 99-PSD-B by the Planning Board, the Applicants shall submit revised plans which implement the conditions described herein to the Planning and Development Department for review as to compliance with such conditions. All final building or construction plans shall be subject to a full review for compliance with applicable codes and development approvals by the Manager of Building, Zoning and Code Enforcement. G. The curvilinear brick wall indicated on Site Plan Applications 99-PSD-B shall have a 5 foot maximum height for that portion enclosing the trash containers and HVAC equipment Mayor Dupree requested that Affected Persons come forward. Karl Brown, 1603 Bay Road (34239), came before the Commission and stated that his property is located four lots to the west of the Russo property; that many discussions between neighbors opposing the rezoning and the Commission have been held over the past several months; that the neighbors are resigned to the rezoning; however, the main issues have been concern over increased traffic on Bay Road, the signage, and "creeping" commercialism; that the elimination of the serpentine wall is appreciated; that signage has been a problem on Bay Road, specifically the signage of the Bay Road Animal Hospital; that the hours of operation allow the Dental Office to remain open to 11 p.m.; therefore, the concern is the possibility a large sign which would be lighted until 11 p.m. and which can be read from the street would be installed on the wall of the proposed dental office. Mayor Dupree requested that other interested persons come forward. City Auditor and Clerk Robinson stated that no other interested persons have signed up to speak. Mayor Dupree requested Applicant rebuttal, if any. Attorney Furen and Ms. Plessas came before the Commission. Attorney Furen stated that any signage installed on the property will comply with the City's new Land Development Regulations (LDRs), a/k/a the Zoning Code (1998), for the Office, Professional and Business (OPB-1) Zone District; that the Bay Road Animal Hospital sign was installed at a time when no restrictions existed. Ms. Plessas stated that a traffic study has been done; that the site was found to have de minimus traffic impact. Commissioner Cardamone asked the size of the proposed sign and lighting? Attorney Furen stated the sign has not been designed but will be tastefully done to blend with the nearby development and will conform to all City requirements. Mayor Dupree requested Affected Person rebuttal, if any. Mr. Brown came before the Commission and stated that a 40-square- foot sign which is inappropriate for a residential neighborhood is allowed; that the sign should resemble a sign of 2 to 4 square feet such as a lawyer might erect on a house and should not be lighted. Mayor Dupree requested Commissioner supplemental remarks, if any. Commissioner Cardamone asked the sign size allowed pursuant to Zoning Code (1998) requirements? Timothy Litchett, Manager of Building, Zoning and Code Enforcement, came before the Commission and stated that the OPB-1 Zone District allows either a 40-square-foot wall sign or one double-faced ground sign at a ratio of one square foot for each linear foot of street frontage up to a maximum of 30 square feet. Commissioner Cardamone stated that a 40-square-foot wall sign, or likely a 4-foot by 10-foot sign in actual size, or a 30-square- foot ground sign would be allowed; and asked for clarification concerning allowable lighting. Mr. Litchett stated a lighted sign is allowed but must not be intrusive or affect any adjoining residential property. Mayor Dupree asked for clarification of the allowable size of a ground sign? BOOK 45 Page 18076 03/01/99 6:00 P.M. BOOK 45 Page 18077 03/01/99 6:00 P.M. Mr. Litchett stated that a ground sign would likely be 3 feet by 10 feet when Eramed. Mayor Dupree Closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4124 by title only. City Attorney Taylor stated that the Commission's action should include removing Section 5 (B) and (G) concerning the serpentine wall from proposed Ordinance No. 99-4124. Vice Mayor Merrill asked the Commission's latitude to set restrictions on the size of signs? City Attorney Taylor stated that evidence must exist on the negative impact of a sign; that a limitation for sign size has not been proffered; that a proffer would be required from the petitioner to limit the size of the sign; and asked if the issue was raised at the February 3, 1999, PBLB meeting? Mr. Hess came before the Commission and stated that the issue of signage was brought up by the Affected Person, Karl Brown, but was not discussed by the PBLP; that the hours or operation and the serpentine wall were discussed. City Attorney Taylor stated that proposed Ordinance No. 99-4124 concerns the rezoning of the Russo property; that the Commission may not impose unilaterally a condition limiting the signage as requested by the Mr. Brown as the sign is allowed by the Zoning Code (1998); therefore, an action to deny the rezoning would be appropriate, if desired, as no proffer has been made by the petitioner. Vice Mayor Merrill stated that a few years ago concerns were raised during the approval stages of the Walgreen Drug Store at Bahia Vista Street and U.S. 41; that at the time, the Commission attempted to develop information; that the City Attorney's Office suggested later the concerns could have been referred to Staff to develop standards; that the Commission may refer the signage issue related to Petition Nos. 99-CO-02 and 99-PSD-B to Staff for review of compatibility with the neighborhood. City Attorney Taylor stated that is correct. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4124 on first reading. Commissioner Cardamone stated that the proposed use of the Russo property as a dental office is supported; that the transitional nature of the OPB-1 Zone District is understood; that the owners have been sensitive to the surrounding residential character of the neighborhood by preserving trees and in the design of the office building and parking lot; that the owners are also requested to consider the neighbors' concerns in the choice of size and placement of the signage; that a 40-foot sign would be out of character for the type of use proposed by the owners of the Russo property. Vice Mayor Merrill stated that the Commission's decision concerning signage must be based on the limits allowed by the law; that a 30- or 40-square-foot sign is permitted; that pursuant to the City's Zoning Code the dental office may erect a small sign; however, a different owner, such as an insurance agency, might purchase the property in the future and would have the right to place a 40-square-foot sign on the building; that the Russo property will be located in an OPB-1 Zone District which allows signage; that the proposed dental office will increase neighborhood traffic, unlike the live/work land usage which remains residential in character and for which signage and traffic problems do not exist; that the issue of signage should be addressed for land usage such as proposed by the Russo property owner; that Mr. Brown's concern over the erection of a 30- or 40-square-foot sign is shared; that the appropriateness of large signs in a transitional OPB-1 Zone District was a contentious issue discussed often during development of the LDRs; that the proposed rezoning ordinance cannot be supported until Staff investigates limitations on the size of signs. City Attorney Taylor asked if the Attorney for the Applicant could present a basis for resolution? Attorney Furen and Charles Griggs, Architect, came before the Commission. Mr. Griggs stated that three primary types of signs are: Identification Graphics, Directional Graphics, and Advertising Graphics; that the owners of the Russo property agree on an Identification Graphics sign which does not incorporate advertising; that the sign would include the doctor's name and address in 8-inch letters which can be seen from 400 feet; that the total square footage would be quite small. Attorney Furen stated that a proffer may be extended not to exceed 50 percent of the permitted sign size in the OPB-1 Zone District. Vice Mayor Merrill stated that signage could be an issue if an insurance agency purchased the Russo property in the future; and asked for clarification of an Identification Graphics versus an Advertising Graphics sign. BOOK 45 Page 18078 03/01/99 6:00 P.M. BOOK 45 Page 18079 03/01/99 6:00 P.M. Mr. Griggs stated that an Identification Graphics sign would simply list the name of the company or agency; that an Advertising Graphics sign would list a sale item and a price, or a brand name, i.e., Chevrolet, which may be seen from a distance of several blocks; that a proffer not to exceed 50 percent of the permitted sign size is reasonable. Vice Mayor Merrill stated that a new zone district is in the developmental stages which may resolve the issue of signage but will not apply to the Russo property; and asked if Mr. Brown as the Affected Person agrees with the proffer not to exceed 50 percent of the permitted sign size for the Russo property?. City Attorney Taylor stated that a proffer was extended after the public hearing was closed; that the Commission may proceed with the appropriate action on proposed Ordinance No. 99-4124 or allow the Affected Person to respond. Mr. Brown stated that no additional rebuttal is offered. On motion of Vice Mayor Merrill and second Commissioner Cardamone, it was moved to amend the motion to restrict the signage to identification purposes only and limited to a size 50 percent of the allowable square footage for the OPB-1 Zone District. City Attorney Taylor stated that proposed Ordinance No. 99-4124 can be amended to include the sign restrictions prior to the second reading. Mayor Dupree called for a vote on the motion to amend the main motion. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Dupree, yes. City Auditor and Clerk restated the main motion as to pass proposed Ordinance No. 99-4124 on first reading, deleting Section 5 (B) and (G), and to restrict the signage to identification purposes only and limited to a size 50 percent of the allowable square footage for the OPB-1 Zone District. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Dupree, yes; Hogle, yes; Merrill, yes. Commissioner Cardamone stated that the applicant's proffer is appreciated; that Staff's attention to the signage issue in transitional neighborhoods is requested. 11. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM NO. VI) #2 (0168) through (0212) There was no one signed up to speak. 12. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND SARASOTA SEASON OF SCULPTURE, INC. - APPROVED (AGENDA ITEM NO. VII-1) #2 (0239) through (0312) John Burg, Chief Planner, Planning and Development Department, came before the Commission and stated that the Commission at its December 21, 1998, regular Commission meeting authorized the preparation of a lease agreement with Sarasota Season of Sculpture, Inc., after hearing reports from the Public Art Committee and the Parks, Recreation and Environmental Protection Advisory Board; that subsequently, a draft lease agreement was reviewed and approved by the Public Art Committee; that the Sarasota Season of Sculpture is a not-for-profit corporation; that the lease agreement will begin October 1, 2000, and terminate on March 31, 2001; that renewal of the lease agreement is at the sole discretion of the City; that the lease agreement includes the exhibition of 18 sculptures along the central Bayfront; that the primary source of the sculptures will be from the Pier Walk sculpture show in Chicago, Illinois. City Manager Sollenberger stated that the Administration recommends the Commission authorize the Mayor and the City Auditor and Clerk to execute the lease agreement between the City of Sarasota and Sarasota Season of Sculpture, Inc. On motion of Commissioner Hogle and second of Commissioner Cardamone, it was moved to authorize the Mayor and the City Auditor and Clerk to execute the lease agreement between the City of Sarasota and Sarasota Season of Sculpture, Inc. Mayor Dupree called for a vote on the motion. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Dupree, yes. 13. UNFINISHED BUSINESS: SELECTION RE: LINKS PLAZA FOUNAIN = SELECTED THE LINKS PLAZA PARK DESIGN AND THE FOUNTAIN DESIGN OF PHIL SMITH (AGENDA ITEM NO. VII-2) #2 (0312) through (1226) Duane Mountain, Deputy Director of Public Works, and Phil Smith, Landscape Architect, David W. Johnston Associates, Inc., came before the Commission. Mr. Mountain displayed on the overhead projector drawings and photographs related to the Links Plaza Fountain design as follows: 1) the Phil Smith Fountain Design, 2) Concept Plan - One, 3) the Public Art Committee Fountain Design, 4) Concept Plan Two, and 5) Pictures of the Fountain at Celebration, Florida, and of the Golfer Sculpture; and stated that interaction between BOOK 45 Page 18080 03/01/99 6:00 P.M. BOOK 45 Page 18081 03/01/99 6:00 P.M. the golfer and the fountain can occur with either fountain design; that the costs are approximately the same; that the water actions are similar. Mr. Smith referred to drawing #1, the Phil Smith Design, and stated that the design includes a center fountain and a jumping jet shooting a ball of water from a sculpture piece depicting a golfer; that a stage area about 18 to 24 inches above grade would have a small bubbler and a stair-stepping waterfall cascading into the main fountain; that the main fountain is designed with jets shooting water eight feet high and would be programmed to shoot water to between zero, four and eight feet heights to provide interesting visual action. City Manager Sollenberger referred to photograph #5 of the picture of a fountain; and stated that the fountain pictured is located in Celebration, Florida. Commissioner Cardamone asked the interaction between the fountain and the "jumping jet" ball of water? Mr. Smith stated that the "jumping jet" ball of water is a separate design element and would shoot water from the area containing the sculpture piece depicting a golfer to the main fountain and will operate even if the main fountain jets are turned off. Vice Mayor Merrill asked if the design contains a variety of ground elevations? Mr. Smith referred to drawing #1; and stated that the raised stage area containing the bubbler fountain will be located on the southwest portion of the site; that the stage area slopes down toward the main fountain in the center; that the sculpture piece depicting a golfer stands on an 18-inch raised planter to the east of the main fountain. Vice Mayor Merrill referred to drawing #1; and asked if the circles surrounding the main fountain provide for any elevation change? Mr. Smith stated no; the circles indicate a paving texture or color change. Vice Mayor Merrill asked if the bricks depicted in the large circle slope downward toward the fountain located in the center? Mr. Smith stated yes; and that five large Date Palm trees in raised planters with serpentine seating benches will be placed at strategic points around the Links Plaza Park to provide a sense of enclosure in the fountain area. Commissioner Cardamone referred to drawing #1 and asked if the circles further away from the fountain indicate a sidewalk? Mr. Smith stated yes; that the pattern is a paving design which would differ from the brick pattern used in the major portion of the fountain area. Commissioner Cardamone asked if the circles closer to the fountain indicate seating areas? Mr. . Smith stated no; that only a portion of the circles Close to the fountain will be seating areas as designated on drawing #1; that all the other circles indicate a paving texture change; that semi-circular seating areas will be placed around the trees situated in raised planters at various strategic points around the plaza. Commissioner Cardamone stated that "Jazz in the Park" patrons would need to bring lawn chairs due to the limited number of permanent seats planned for the park. Mr. Smith agreed; and stated that the fountain seating proposed for Links Plaza Park includes approximately 50 seats with backs and bench-type seating for approximately 60 in the raised planter area for a total seating accommodation of approximately 110 persons. Vice Mayor Merrill referred to drawing #5 of the picture of the fountain at Celebration, Florida; and stated that the eight-foot high water jets cover a large, shallow-bowl area with a central drain; that most fountains such as the one at Little Five Points Park require little maintenance, have low energy consumption and few filtering requirements; and asked if the maintenance expense for the proposed fountain is comparable to other fountains around the City? Mr. Smith stated that the maintenance expense would be considerably higher than expenses incurred for maintaining the small fountain at Little Five Points Park; that research indicates the maintenance expense would be only slightly higher than expenses incurred at other fountains around the City; that $200 to $300 per month is an estimated maintenance cost. Vice Mayor Merrill stated that a fountain projecting water eight feet high and flowing into a large bowl is expensive to maintain, seems wasteful, and has no visual focal point; that a similar 50-foot water shooting fountain in Memphis, Tennessee, was observed and found uninteresting. Mr. Mountain stated that very low maintenance costs for the fountain at Little Five Points Park cannot be compared either to other fountains around the City or to the proposed Eountain at BOOK 45 Page 18082 03/01/99 6:00 P.M. BOOK 45 Page 18083 03/01/99 6:00 P.M. Links Plaza Park; that a contractual agreement could be made with the manufacturing company/builder of the proposed fountain to ensure the $250 to $300 projected monthly cost remains constant; that, additionally, the water will require chlorination and filtration as the location in the middle of a park invites wading by children, etc.; that the current surface shallow-bowl fountain design evolved from a deep-bowl design which included an amphitheater with surrounding seating; however, the Americans with Disabilities Act (ADA) regulations precipitated design changes. Vice Mayor Merrill stated that the interactive-type fountain proposed would be more appropriate in a high pedestrian area; that the Links Plaza Park was envisioned as a small, serene park with an interesting fountain and conversational-type seating to attract teenagers; that the park will not attract people in the daytime due to the limited number of trees or teenagers at night unless side-by-side seating is available; that the current design with seating 40 feet away from the fountain is not as appealing as earlier draft designs which depicted a fountain surrounded by an amphitheater; that a less-expensive, attractive design to address a specific audience, i.e., teenagers, would be more desirable. Mayor Dupree asked the height of the proposed water jets and if the water is recycled? Mr. Smith stated that the water jets will shoot up to eight feet high; that the jets would be programmed to shoot water between zero, four and eight feet every 20 to 30 seconds to provide interesting visual action; that the water is recycled. Mr. Mountain stated that the water is potable and treated with chlorine and bromine; that the water is recycled rather than reuse water. Mayor Dupree asked if the water jets will include multi-colored lighting? Mr. Smith stated the final design has not been developed; that a multi-colored lighting pattern will be considered. Commissioner Cardamone stated that a planned upscale restaurant near the main tountain is likely to attract adults rather than teenagers; that the selection of a fountain design for Links Plaza Park should proceed as much time and effort have been spent in the selection process; that the main feature is the ball of water shooting from the area containing the sculpture piece depicting a golfer into the bowl area to commemorate the founding of the first golf course in the United States; that the use of multi-colored lighting in the main fountain is a good idea; that safety concerns exists as a fountain similar to the one located in Celebration, Florida, will attract small children. Mr. Smith stated that large expanses of seating areas will be located on the perimeter of the Links Plaza Park; that, additionally, semi-circular seating benches around the trees will be situated closer to the center of the park. Vice Mayor Merrill asked the identity of large groups expected to frequent the park? Commissioner Cardamone stated that the patrons for the "Jazz in the Park" would constitute one group which would frequent the park. Vice Mayor Merrill stated that large groups do not usually congregate at small parks such as the proposed Links Plaza Park; that the Eountain design is supported if the assumption of large groups has been fully analyzed. Commissioner Hogle stated that a fountain similar to the Celebration, Florida, design was observed at the Disney World Village at Lake Buena Vista, Florida, and was very appealing; that the Phil Smith fountain design is also attractive. Mr. Smith stated that the fountain's shallow-bowl design could include an attractive piece of sculpture for visual effect when the water jets are turned off. Mayor Dupree stated that large numbers of people have been observed during many trips to the Downtown area between the hours of 11 a.m. and 2 p.m.i that few places currently exist to sit down and rest; therefore, a sizeable number of people are likely to frequent the park in the middle of the day. Vice Mayor Merrill stated that the assumption may be correct; however, few trees are planned for the Links Plaza Park which means lower maintenance costs but little shade during the hottest part of the day; that a similar piece of land is located in front of City Hall and is rarely used; that a park should be attractive, and designed with a sense of enclosure, i.e., conversational-type seating to attract the teenagers in the evening and include additional tree-shaded areas to attract the lunchtime groups; that the assumption of large groups coming to Links Plaza Park is difficult to understand; that the larger parks and the Bayfront will continue to attract most families; that few people live in the Downtown area close to the park; that Mr. Smith's design, which includes an extra fountain as a point of interest, is supported. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to select the Links Plaza Park design and the Phil Smith fountain design. BOOK 45 Page 18084 03/01/99 6:00 P.M. BOOK 45 Page 18085 03/01/99 6:00 P.M. Commissioner Cardamone stated that concerns exist regarding the design of the Links Plaza Park; however, the future is bright for a new high-pedestrian area as a new office building and restaurant are proposed and the park is located in close proximity to the Hollywood 20 Theatre complex; that the idea of attending jazz concerts in the park on a Sunday afternoon or in the evening is very appealing. Vice Mayor Merrill stated that future park planning should consider holding jazz concerts in larger parks such as Little Five Points Park, with the smaller parks chosen as an alternative. Mayor Dupree called for a vote on the motion to proceed with the Links Plaza Park design and the Phil Smith fountain design. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Dupree, yes. 14. NEW BUSINESS: APPROVAL RE: 1997-98 AUDITORS' MANAGEMENT LETTER AND THE ADMINISTRATION'S RESPONSE - APPROVED (AGENDA ITEM NO. VIII) #2 (1228) through (1284) Gibson Mitchell, Finance Director, came before the Commission and stated that on January 25, 1999, CPA Associates, P.A., the external auditors, issued a management letter that summarizes the findings of the audit for the Fiscal Year (FY) ending September 30, 1998; that the City is required to provide a written statement of explanation, including corrective action to be taken with the governing body within 30 days; that the Administration's response is contained in a memorandum dated February 22, 1999, from Gibson Mitchell, Finance Director, to David Sollenberger; that the City Manager and the City Auditor and Clerk will forward the Administration's response to the State's Auditor General upon the Commission's approval. City Manager Sollenberger stated that the Administration recommends Commission approval of the Administration's response to the management letter of CPA Associates, P.A., summarizing the findings of the audit for the FY ending September 30, 1998. On motion of Vice Mayor Merrill and second of Commissioner Hogle, it was moved to approve the Administration's response to the management letter of CPA Associates, P.A., summarizing the findings of the audit for the FY ending September 30, 1998. Motion carried unanimously (4 to 0): : Cardamone, yes, Hogle, yes; Merrill, yes; Dupree, yes. 15. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA DIRECTED THE ADMINISTRATION TO PREPARE A RESOLUTION FOR APPROVAL AT THE MARCH 15, 1999, REGULAR COMMISSION MEETING INDICATING THE COMMISSION DOES NOT SUPPORT THE SALE OF THE SARASOTA HIGH SCHOOL BUILDING ON U.S. 41 FOR COMMERCIAL USE; ADMINISTRATION WILL INVESTIGATE STATUS OF THE RETIREMENT AWARD FOR GERALDINE RIVERS (AGENDA ITEM X) #2 (1284) through (2008) COMMISSIONER CARDAMONE : A. stated that Robert Jackson, owner of several properties in the City, made very derogatory statements and asserted unfair treatment by members of the Code Enforcement Department at the February 16, 1999, regular Commission meeting; that the Administration's thorough report concerning the City's attempts to resolve difficult problems associated with Mr. Jackson's properties is appreciated; that the Code Enforcement Department has acted appropriately in all instances; that the citizens should also hear the City's side when serious charges are brought to the public's attention. Commissioner Hogle stated that a personal tour was made to view Mr. Jackson's properties; that all but one property site appear poorly maintained. B. stated that an appearance will be made at the March 2, 1999, meeting of the School Board of Sarasota County to request the School Board seriously reconsider the decision to sell the Sarasota High School building on U.S. 41; that support from the Commission in expressing concern for the future use of the building and encouraging the School Board not to sell the building would be pleasing; that a resolution could be developed for Commission approval at the next meeting. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to direct the Administration to prepare a resolution for approval at the March 15, 1999, regular Commission meeting indicating the Commission does not support the sale of the Sarasota High School building on U.S. 41 for commercial use. Motion carried unanimously (4 to 0): Cardamone, yes, Hogle, yes; Merrill, yes; Dupree, yes. VICE MAYOR MERRILL: A. stated that a comment reported recently in the newspaper by one of the candidates for the Commission District #3 BOOK 45 Page 18086 03/01/99 6:00 P.M. BOOK 45 Page 18087 03/01/99 6:00 P.M. seat indicated the Department of Neighborhoods and Redevelopment should be redirected solely to neighborhoods; that he has personally argued that in the past; that development of a new downtown office building may be more exciting than working in the neighborhoods, which generally involves long-term issues; and referred to the first of the top priorities of the City's Targets for Action displayed on a board in the Commission Chambers as follows: Develop and implement a strategy for neighborhood preservation and revitalization Vice Mayor Merrill stated that the priority has existed for a considerable period of time; that the City has the attitude of focusing on neighborhoods; however, the development of a strategy is still missing; that a neighborhood resident indicated considerable discussion was generated concerning the development of a Southeast Neighborhood Plan, including proposals for East Avenue, but nothing further was heard; that although not personally known, Staff may be developing a neighborhood revitalization plan at this time; that a target action for neighborhoods primed for redevelopment is desired; that for example, a meeting concerning school choice held by Southside Elementary School was recently attended; that two or three meetings, all of which were very well attended, were held; that many people in attendance did not live in the school district; therefore, considerable demand exists for the right house in the Southside Elementary School district neighborhoods; that keeping the focus of a department which deals with the excitement of development and large developers versus the long-term and hard work of neighborhoods is difficult; that a focus must be directed solely at neighborhoods so a plan can be developed. Commissioner Cardamone stated that during a June 30, 1998, Commission workshop, the Commission indicated a strong interest in changing the title of the Department of Neighborhoods and Redevelopment to the Department of Neighborhoods; that the Commission does not control the Table of Organization but had authorized the establishment of the department; that the Commission was of the opinion the focus should be solely on neighborhoods; that nothing has changed as the department serves a dual purpose; that many neighborhoods believe full attention is not being received; that the department must wear two hats; that the City's seminar concerning financial sustainability was very well attended; that the Director of the Department of Neighborhoods and Redevelopment was unable to attend due to a seminar concerning the development of parking garages, which was a concern; that an opportunity was missed; that a meeting of the Coalition of City Neighborhoods (CCNA) was recently attended; that CCNA members expressed concern about the failure to accomplish certain tasks. City Manager Sollenberger stated that the plans concerning East Avenue are being developed and should be presented to the neighborhood by the end of March 1999; that the City accomplishes a great deal with the Staff available; however, immediate response not always be possible; that the plans for East Avenue are extremely important and are similar to the plans developed for the Laurel Park neighborhood with the park and the streetscape on Osprey Avenue; that the neighborhood surrounding East Avenue is on the edge of an exciting turnaround and will be an excellent return on the City's investment; that the project is very exciting. City Manager Sollenberger stated that changing the Department of Neighborhoods and Redevelopment to the Department of Neighborhoods may not be the best idea; that the redevelopment of neighborhoods is the issue; that the next Commission should consider increasing the size of the downtown area to include two neighborhoods: Gillespie Park and Park East; that the suggestion is not for further commercialization but for intensification of the residential backbone which exists; that achieving a more livable downtown area will be possible if resources are committed; that expanding the boundaries and obtaining additional Tax Increment Financing (TIF) funds will provide additional resources; that the Director of Neighborhoods and Redevelopment has been devoting considerable time to the neighborhoods; that the department is narrowly staffed; that a Planner has just been hired; that in addition, the department is staffed with a secretary and a neighborhood coordinator; that more Staff may be necessary if more action with the neighborhoods is desired; that the Administration will propose adding more Staff if the Commission is willing to devote the resources; that the City should invest in the revitalization of neighborhoods, which will result in a long-term return to the City; that the City's commercial areas are in good shape; that pursuing opportunities should continue; that allocation of resources will be a consideration for the next Commission and will result from the development of goals and action plans, which should begin in April 1999. Commissioner Cardamone stated that allocating additional resources will be supported; that the Administration should consider a Department of Economic Development with a Director and one Staff support member; that the Department of Neighborhoods and Redevelopment could be called the Department of Neighborhoods and Rehabilitation or Revitalization; that the concern is the current Director of Neighborhoods and Redevelopment is wearing two hats; that considerable discussion occurred prior to the creation of the department; that the belief was the combination would work; however, the public may not be of the opinion the BOOK 45 Page 18088 03/01/99 6:00 P.M. BOOK 45 Page 18089 03/01/99 6:00 P.M. department is working as well; that raising the issue is appreciated. Commissioner Hogle stated that the Administration's ideas on the issue will be entertained; that the Director of Neighborhoods and Redevelopment is doing a good job and is performing a great deal of work. MAYOR DUPREE: : A. stated that the lighting in the City, which is important for driving, reducing crime, increasing personal security and safety, etc., is greatly improved; that the lighting on Central Avenue specifically has been increased. B. stated that the upkeep of the roads and the maintenance of medians is very positive; and thanked the Staff of the Department of Public Works. C. stated that Geraldine Rivers who previously retired from the City requested information concerning a retirement award. City Manager Sollenberger stated that the status of the retirement award for Ms. Rivers will be investigated. D. stated that drug activity has increased in the vicinity of the Mayor's House, located at 2827 Pershing Avenue, the Sheriff's House, located at 1954 29th Street, and the Firefighters' House, located at 1948 29th Street, all of which were built under the sponsorship of Habitat for Humanity Sarasota; Inc., that special police efforts should be focused on the area. John Lewis, Chief of Police, Sarasota Police Department, stated that criminal investigations take a significant period of time; that the concern regarding drug activity in the area is understood; that some relief will be forthcoming in the near future. E. stated that the efforts of the Office of the City Auditor and Clerk in arranging for the video broadcast and the attendance of City Staff at the Commission meeting is appreciated. 16. OTHER AITEBADAINIESTRATIVE OFFICERS SCHEDULED A MARCH 10, 1999, SPECIAL COMMISSION MEETING AT 2 P.M. (AGENDA ITEM XI) #2 (2008) through (2050) CITY AUDITOR AND CLERK ROBINSON: : A. stated that a special Commission meeting is scheduled for Wednesday, March 10, 1999, at 12 noon to declare the results of the March 9, 1999, Commission election. Commissioner Cardamone asked if the meeting could be scheduled for March 10, 1999, at 2 p.m.? City Auditor and Clerk Robinson stated yes. Mayor Dupree stated that hearing the Commission's agreement, the March 10, 1999, special Commission meeting will be held at 2 p.m. 17. ADJOURN (AGENDA ITEM XII) #2 (2050) There being no further business, Mayor Dupree adjourned the regular meeting of March 1, 1999, at 8:29 p.m. toml ubhik JEROME DUPRPE, MAYOR ATTEST: illeE Aabenson BILLY EP-ROBINSON, CITY AUDITOR AND CLERK BOOK 45 Page 18090 03/01/99 6:00 P.M.