BOOK 46 Page 18471 07/19/99 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 19, 1999, AT 6:00 P.M. PRESENT: Mayor Mollie C. Cardamone, Vice Mayor Gene M. Pillot, Commissioners Albert F. Hogle, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Cardamone The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION: RE: PRESENTATION TO THE COMMISSION FROM THE JOINT VENTURE TEAM OF DOOLEY & MACK/PORRISTALL FOR THE VAN WEZEL PERFORMING ARTS HALL RENOVATION PROJECT #1 (0025) through (0105) Mary Forristall, President, and Warren G. Simonds, Ph.D., Director of Corporate Marketing, Dooley and Mack/Forristall Contractors, Inc., came forward. Mr. Simonds stated that the Van Wezel Performing Arts Hall (VWPAH) renovation project is a team effort; that the support of the Commission and Staff has been an integral part of the renovation project; that Dooley and Mack/Forristall Contractors, Inc., has a practice of providing team shirts for significant and highly visible projects; and presented team shirts for the Commission. Ms. Forristall thanked the Commission for having the vision to believe in the VWPAH project; that the Commission's fortitude and efforts made the project a reality; that the Commission's active participation is applauded; that the City of Sarasota is extraordinary. Vice Mayor Pillot stated that approval from the contractors is awaited prior to inspecting the VWPAH construction site. Mr. Simonds stated that a site inspection date can be conducted in a few days. Mayor Cardamone thanked the Joint Venture Team of Dooley and Mack/Forristall Contractors, Inc. 2. PRESENTATION RE: MAYOR'S CITATION TO SUSAN DANIS, EXECUTIVE DIRECTOR, THE SARASOTA OPERA ASSOCIATION, INC. #1 (0134) through (0207) Mayor Cardamone requested that Susan Danis, Executive Director of the Sarasota Opera Association, Inc., come forward. Mayor Cardamone read in its entirety the Mayor's Citation welcoming Ms. Danis to the City and extending congratulations on her appointment as Executive Director of the Sarasota Opera Association, Inc.; and stated that Ms. Danis brings a wealth of experience to her new role, having served as Executive Director and General Director of the Lake George Opera Festival, Glens Falls, New York, for eight years and having 17 years of managing and marketing experience; that Ms. Danis faces the significant challenge of leading an opera company which has achieved great stature nationally and internationally; and presented Ms. Danis the Mayor's Citation embossed with the City Seal. Ms. Danis thanked the Commission and stated that the community has been very kind and supportive; that her goal is to continue to keep the Sarasota Opera a very important. part of the community. 3. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0207) through (688) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under New Business, Item No. VII-3, Request Re: Appeal the decision of the Planning Board/Local Planning Agency (PBLP) to deny Site Plan Application No. 99-SP-F, to allow a 14-story, Class A, 197,750-square-fot office building and a six-level parking garage in the Commercial, Central Business District (C-CBD) Zone District located at 1415 Main Street, per the request of City Auditor and Clerk Robinson. B. Add Board Appointments, Item No. VIII-1, Appointment Re: Parks Advisory and Recreation Council of Sarasota County, per the request of City Auditor and Clerk Robinson. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone asked clarification of the request for an appeal to the PBLP's decision to deny Site Plan Application No. 99-SP-F. City Attorney Taylor stated that a request to appeal a decision by the PBLP has not occurred previously; that the appeal process is BOOK 46 Page 18472 07/19/99 6:00 P.M. BOOK 46 Page 18473 07/19/99 6:00 P.M. outlined in Section IV-505, Zoning Code (1998), which allows an aggrieved person the right to appeal a PBLP decision concerning site plans; that the request for an appeal must be filed with the City Auditor and Clerk and must be scheduled for the next Regular Commission meeting following the filing; that a super majority vote is required to accept an appeal. City Attorney Taylor continued that the applicant has made three requests for the project located at 1415 Main Street: a street vacation Application No. 99-SV-04, a major conditional use Application No. 99-CU-09, and a site plan Application No. 99-SP-F in conjunction with the major conditional use; that certain actions are permitted as a matter of right on the property under the Zoning Code (1998); that the property owners will probably petition for an appeal through the Court system to preserve their legal rights if the Commission does not accept the request for an appeal; that the Commission will be placed in the precarious position of having the street vacation and major conditional use application presented for consideration with a judicial proceeding pertaining to the site plan pending; that the Commission is being asked to hear an appeal to reconsider the PBLP's site plan denial; that consideration of the site plan is a quasi-judicial matter. City Auditor and Clerk Robinson asked if public input concerning the request for an appeal will be allowed? City Attorney Taylor stated that public input is not appropriate. Vice Mayor Pillot stated that the only consideration at this time is if to approve the request for an appeal. City Attorney Taylor stated that is correct. Commissioner Quillin stated that making a decision to hear an appeal is difficult without the minutes of the PBLP meeting. City Attorney Taylor stated that the City Auditor and Clerk is obligated under Section IV-505, Zoning Code (1998), to schedule the request on the next available agenda once an appeal is filed; that the appeal is in accordance with requirements outlined in the Zoning Code (1998). Commissioner Quillin stated that the Commission is being asked to vote on accepting an appeal, which is required under the Zoning Code (1998). City Attorney Taylor stated that the public hearing for the street vacation Application No. 99-SV-04 and major conditional use Application No. 99-CU-09 is scheduled for the August 16, 1999, Regular Commission meeting; that all the components required for a decision will be presented by also considering the site plan Application No. 99-SP-F appeal. Commissioner Quillin stated that Staff should review Section IV-505, Zoning Code (1998), to clarify any ambiguities. Vice Mayor Pillot asked if the Office of the City Auditor and Clerk was obligated to schedule the appeal request on this agenda? City Attorney Taylor stated yes. Vice Mayor Pillot stated that a vote to hear the appeal does not imply a decision on the appeal. City Attorney Taylor stated that is correct. Vice Mayor Pillot stated the Commission has been advised public input concerning the request is not appropriate; that the Commission has as much information as possible to vote on the appeal request. City Attorney Taylor stated that is correct. Vice Mayor Pillot stated that the appeal request is the last item on the Agenda; that a vote now would be a courtesy to the public. Mayor Cardamone stated that the order of the Agenda should not be changed. City Auditor and Clerk Robinson stated that the applicant was advised the appeal request would not be addressed until after 8 p.m. Commissioner Quillin stated that the Applicant had options after the PBLP's denial of the site plan Application No. 99-SP-F; that for example, the Applicant could have revised the site plan and resubmitted the plan to the PBLP for reconsideration; that the Commission does not have the ultimate responsibility. City Attorney Taylor stated that the City's position is awkward; that delaying a high profile project could result in negative community reactions; that the recommendation is to have a public hearing on the site plan appeal and the street vacation and the major conditional use; however, hearing the three applications together is not mandatory. Commissioner Quillin stated that changing the order of the Agenda to vote now on the appeal request is supported. Mayor Cardamone stated that deviation from the established Agenda is disruptive; that timing is irrelevant unless the matter is compelling. Commissioner Quillin stated that future discussions should, therefore, be kept in sequence with no deviations. BOOK 46 Page 18474 07/19/99 6:00 P.M. BOOK 46 Page 18475 07/19/99 6:00 P.M. City Clerk and Auditor Robinson stated that the appeal request was addressed out of sequence sO citizens would know no public input would be allowed. 4. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 3, 1999 - APPROVED (AGENDA ITEM I) #1 (0688) through (0705) On motion of Commissioner Hogle and second of Commissioner Quillin, it was moved to approve the minutes of the May 3, 1999, Regular Commission meeting. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, AND 4 - APPROVED (AGENDA ITEM III-A) #1 (0705) through (1389) Commissioner Mason requested that Item No. 4 be removed for discussion. Commissioner Quillin requested that Item No. 3 be removed for discussion. Mayor Cardamone requested that Item No. 1 be removed for discussion. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Renewal to Agreement between the City of Sarasota and Dufresne-Henry, Inc. for consulting engineering services relative to the City's sanitary sewer system for an additional one-year period. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to approve Consent Agenda No. 1, Item No. 2. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 4. Approval Re: Authorize Administration to permit Goodwill Industries Manasota, Inc., to sell City-owned property located at 804 North Orange Avenue. Commissioner Mason stated that Goodwill Industries, Inc. (Goodwill), is her employer; therefore, she is declaring a conflict of interest and will not vote on Consent Agenda No. 1, Item No. 4. Commissioner Mason left the Chambers at 6:25 p.m. Commissioner Quillin stated that at the July 7, 1999, Regular meeting, the Commission determined additional discussion and clarification was necessary to consider approval of a contract with Goodwill to sell City-owned property; that Staff was asked to provide the agreement between Goodwill and the City establishing Goodwill as a Community Housing Development Organization (CHDO) i that the draft agreement was just received at 1:30 p.m., not allowing sufficient time for review; that Goodwill would like to market City-owned property located at 804 North Orange Avenue with a 7 percent brokerage commission. Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that the agreement before the Commission is a proposal by Goodwill to broker City-owned property at 804 North Orange Avenue, a former police substation; that the intent is to offer the renovated property to qualified low- to moderate-income buyers; that the Sarasota Mobile Home Park (SMHP) residents will be given priority; that the sale price is the appraised value of the property; that the property should not be sold for less than the appraised value; that a sale price less than the appraised value could depress neighborhood property values; that the 7 percent commission was designed to improve the capacity of the CHDO to generate funds to meet operating expenses; that a non-profit organization is better equipped than the City to establish partnerships with local banks, residents and other non-profit organizations. Commissioner Quillin stated that a written negotiated agreement with Goodwill has not been presented to the Commission; that approval should not be given to the CHDO to sell the property without a proper written agreement. Dick Lancaster, 2664 Marlette Street (34231) and Peggy Roberts, 1600 Wena Drive (34239), representing Goodwill Industries, Inc., came before the Commission. Ms. Roberts stated that Goodwill Industries, Inc. (Goodwill), has identified housing as a community need; that Goodwill has agreed to do a first time homeownership program as a CHDO for that purpose; that Goodwill agreed to work with the City as a broker for the City-owned property located at 804 North Orange Avenue; that Goodwill is sensitive to the City's objectives and the needs of the community and has been developing a housing program for the past year; that recognizing and addressing the community's housing needs is an excellent opportunity to launch a CHDO, cover expenses, and create an opportunity for people in the community; that a 7 percent fee is reasonable given the lengthy process involved in helping first-time home buyers. Mr. Lancaster stated that the homeownership process is lengthy; that Goodwill has established a homeownership program for first time buyers including: homebuyer seminars, financial counseling programs, and credit reports; that the homeownership process takes between 4 to 5 months; that four applicants are currently processed and qualified to purchase property; that the City has notified Goodwill that SMHP residents should be given priority in the marketing process. BOOK 46 Page 18476 07/19/99 6:00 P.M. BOOK 46 Page 18477 07/19/99 6:00 P.M. Mayor Cardamone stated that an agreement with Goodwill providing priority to SMHP residents is desired; that the SMHP is scheduled to close; that the City has a responsibility to help SMHP residents relocate; and asked if Goodwill is willing to work with a SMHP resident as a future buyer within a specified timeframe? Ms. Roberts stated yes. Mayor Cardamone asked if six months is a reasonable timeframe to market the property? Ms. Roberts stated yes; that the timeframe can always be extended. Mayor Cardamone stated that the City acknowledges that Goodwill should market the property to generate income for the CHDO. Commissioner Quillin asked if the renovations to the property are complete? Mr. Hadsell stated yes; that the certificate of occupancy will be issued shortly. Commissioner Quillin asked if Staff has been working with SMHP residents to find alternative housing? Mr. Hadsell stated yes, through the Down Payment Assistance Program. Commissioner Quillin stated that Goodwill and Staff should work together to market the property. Mayor Cardamone asked if the necessary agreement is in place to take a vote? Mr. Hadsell referred to a July 6, 1999, letter from Peggy Roberts as follows: Therefore, we commit to you to market this property at the Mobile Home Park and will give first priority to any qualified Sarasota Mobile Home resident. Mayor Cardamone stated that Goodwill is not expected to market the property indefinitely to SMHP residents. Commissioner Quillin stated that the SMHP will have 71 residents in September 1999; that qualified residents should be given marketing priority; however, qualified residents may not be interested in buying the property. Ms. Roberts stated that residents of the SMHP will benefit from the homeownership workshops sponsored by Goodwill. Commissioner Quillin stated that workshops can be conducted at the SMHP auditorium. Vice Mayor Pillot stated that Administration has recommended approval of Consent Agenda No. 1, Item No. 4. On motion of Vice Mayor Pillot and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item No. 4. Motion carried unanimously (4 to 0): Hogle, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Commissioner Mason returned to the Chambers at 6:40 p.m. 3. Approval Re: Set for public hearing on August 2, 1999, Local Law Enforcement Block Grant 1999LBVX3441, regarding allocation of grant funds for equipment in the amount of $275,331.00 and matching funds in the amount of $30,592.00 for a total of $305,923.00. Commissioner Quillin stated that two personal computers have been allocated to the Marine Patrol from Local Law Enforcement Block Grant 1999LBVX3441 funds; that a status report from the Marine Patrol may be appropriate at the August 2, 1999, Commission meeting. On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to approved Consent Agenda No. 1, Item No. 3. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 1. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Altair Environmental Group, Longwood, Florida (Bid #99-66H) for the Bahia Vista Street Sewer Rehabilitation Project. Mayor Cardamone asked for clarification of the project. William Hallisey, Director of Public Works, came before the Commission and stated that the project involves repairs to the sanitary sewer system along Bahia Vista Street between Brewer Place and Tuttle Avenue; that the work involves internal rehabilitation of the gravity sewers and manholes which have caused depressions in the roadway; that not every sanitary sewer main in the designated area will be upgraded; that manhole castings are being replaced along with excavation work; that the project will take approximately five to six months with specific deadlines within the timeframe; that work in the US 41 area must be completed before November 15, 1999; that the entire project must be completed by December 15, 1999. Mr. Hallisey continued that work on internal rehabilitation of the sanitary sewer mains will not require excavation or BOOK 46 Page 18478 07/19/99 6:00 P.M. BOOK 46 Page 18479 07/19/99 6:00 P.M. destruction of the roadway; that lane closure will be coordinated with the Sarasota County School Board, businesses and residents in the area; that all lanes of traffic will be open in the evening; that the project has flexibility; that construction work west of US 41 will require internal rehabilitation and road excavation work; that roads and lanes will not be closed for weeks or months; that the project is for internal rehabilitation. Commissioner Hogle asked for clarification of the term 'internal rehabilitation." Mr. Hallisey stated that technology has evolved so existing pipe lines can be relined with a fiber glass liner within the existing pipe and the repaired pipe; that the relined pipe is like new. Commissioner Hogle stated that tearing up the street is not required to accomplish the work. Mr. Hallisey stated that is correct. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to approve Consent Agenda No. 1, Item No. 1. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (ORDINANCE NO. 99-4125) = ADOPTED; ITEM 2 (ORDINANCE NO 99-4130) - ADOPTED; ITEM 3 (ORDINANCE NO. 99-4139) - ADOPTED; ITEM 4 (ORDINANCE NO. 99-4140) - ADOPTED; ITEM 5 (ORDINANCE NO. 99-4142) - ADOPTED; ITEM 6 (ORDINANCE NO. 99-4143) - ADOPTED; ITEM 7 (ORDINANCE NO. 99-4147) ADOPTED; ITEM 8 (ORDINANCE NO. 99-4148) ADOPTED; ITEM 9 (ORDINANCE NO. 99-4149) ADOPTED; ITEM 10 (ORDINANCE NO. 99-4150) ADOPTED; ITEM 11 (ORDINANCE NO. 99-4151) - ADOPTED (AGENDA ITEM III-B) #1 (1389) through (1756) Commissioner Hogle requested that Item No. 5 be removed. 1. Adoption Re: Proposed Ordinance No. 99-4125 amend the Zoning Code (1998) as adopted by reference by Ordinance No. 98-4076 setting forth findings as to intent and purpose; amending Article II, Definitions and Rules of Construction; Division 2, Definitions; Sec. II-201, Definitions; relating to the definition of Certificate of Appropriateness; amending Article III, Decision Making Administrative Bodies; Division 4, Historic Preservation Board; Sec. III-401, Powers and Duties; Subparagraph J. and Division 9, Building, Zoning and Code Enforcement Department, Sec. III-903, Jurisdiction, Authority and Duties, Subparagraph I; relating to the Laurel Park Overlay District; amending Article IV, Development Review Procedures, Division 8, Historic Designation, Sec. IV-808, Changes to Structures with Historic Designation/Certificate of Appropriateness, Subparagraph E, Laurel Park Overlay District Building Permits; amending Article VI, Zone Districts, Division 31, Special Public Interest Overlay District, Subparagraph E., Development Standards, Subparagraph 3, Development Review Process; repealing ordinances in conflict; providing for the severability of parts hereof; providing for reading of this ordinance by title only; and providing for an effective date. 2. Adoption Re: Proposed Ordinance No. 99-4130 to amend the Zoning Code (1998) as adopted by reference by Ordinance No. 98-4076; setting forth findings as to intent and purpose; amending Article VI, Zone Districts; Division 16, C-CBD Commercial, Central Business District; Sec. VI-1603, Development Standards; Subparagraph B, Density, Minimum Zoning Lot Requirements, Maximum Coverage and Setbacks, to set forth a maximum density for hotels and motels in the C-CBD Zone District; repealing ordinances in contlict; providing for the severability of the parts hereof; providing for reading by title only; and providing for an effective date. 3. Adoption Re: Proposed Ordinance No. 99-4139, to rezone a portion of the real property located on the southeast corner of Washington Boulevard and Oak Street (the east half) consisting of lots, 6, 7, 7a, 8, 9, and 10, block C, Payne Park Subdivision, from the wultiple-Family-Residential-3 (RMF-3) Zone District to the Commercial, General (CG) Zone District, as more particularly set forth herein; providing for conditions of the rezoning; providing for reading by title only; and providing for an effective date. 4. Adoption Re: Proposed Ordinance No. 99-4140 to amend Chapter 19 of the Sarasota City Code, Licenses, by Adjusting the Occupational License Fee for Engaging or Managing Businesses, Professions or Occupations within the City; providing for the severability of parts hereof if declared invalid; providing for repealing of ordinances in conflict; providing for reading by title only; and providing an effective date. 6. Adoption Re: Proposed Ordinance No. 99-4143 to amend Chapter 24, Personnel, Article II, Pensions, Division 3, Police, of the Code of Ordinances of the City of Sarasota; amending Section 24-83, Cost-of-Living Payments and Adjustments; repealing all ordinances in conflict herewith; providing for reading by title only; and providing an effective date. BOOK 46 Page 18480 07/19/99 6:00 P.M. BOOK 46 Page 18481 07/19/99 6:00 P.M. 7. Adoption Re: Proposed Ordinance No. 99-4147 to amend the Zoning Code (1998) as adopted by reference by Ordinance No. 99-4076; setting forth findings as to intent and purpose; amending Article IV, Development Review Procedures; division 2, General Procedures; Sec. IV-201, Applications and Administrative Review; Subparagraph B, Neighborhood Workshops, pertaining to the scheduling of Neighborhood Workshops prior to filing certain development approval applications (i.e., Amendments to the Future Land Use Map Series of the Sarasota City Plan [1998], Rezoning, Major or Minor Conditional Uses) ; repealing ordinance in conflict; providing for the severability of the parts hereof; providing for reading by title only; and providing for an effective date. 8. Adoption Re: Proposed Ordinance No. 99-4148 to rezone real property from the Multiple-Family-Residential-3 (RMF-3) Zone District to the Commercial Neighborhood (CN) Zone District; said property being described as Lot 1 and the west ten (10) feet of Lot 2, Block F, City Hall Square subdivision, a/k/a 1821 Hyde Park Street, as more particularly described herein; providing for conditions of the rezoning; providing for reading by title only; and providing for an effective date. 9. Adoption Re: Proposed Ordinance No. 99-4149 to provide for designation of the structure located at 540 South Osprey Avenue historically known as the Frederick H. and Margaret Meyer House as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; providing for reading by title only; and providing for an effective date. 10. Adoption Re: Proposed Ordinance No. 99-4150 to provide for designation of the structure located at 1970 Main Street historically known as the Crisp Building as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; providing for reading by title only; and providing for an effective date. 11. Adoption Re: Proposed Ordinance No. 99-4151 to provide for the rezoning of approximately 1.53 acres from the Commercial, Neighborhood (CN) Zone District to the Commercial, Central Business District (C-CBD) Zone District to allow the construction of an office building to be known as Kane Plaza, a/k/a 1 South School Avenue and 30 North School Avenue; approving Development Plan 98-DPR-H which includes the above referenced 1.53 acres and additional property for a total of approximately 2.14 acres as depicted on said Development Plan and more particularly described herein; providing that this rezoning is subject to the terms and conditions of Section 4-10 of the City of Sarasota Zoning Code (1974 Edition) ; providing for reading by title only; and providing for an effective date. City Auditor and Clerk Robinson read proposed Ordinance Nos. 99-4125, 99-4130, 99-4139, 99-4140, 99-4143, 99-4147, 99-4148, 99-4149, 99-4150, and 99-4151 by title only. On motion of Commissioner Quillin and second of Vice Mayor Pillot it was moved to approve consent Agenda No. 2, Items Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10 and 11. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes, Quillin, yes. 5. Adoption Re: Proposed Ordinance No. 99-4142 to amend Chapter 24, Personnel, Article II, Pensions, Division 3, Police, of the Code of Ordinances of the City of Sarasota; amending Section 24-83, Cost-of-Living Payments and Adjustments; repealing all ordinances in conflict herewith; providing for reading by title only; and providing an effective date. Commissioner Hogle stated that he has a personal and financial interest in proposed Ordinance No. 99-4142; therefore, he is declaring a conflict of interest and will not vote on proposed Ordinance No. 99-4142. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4142 by title only. On motion of Vice Mayor Pillot and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 2, Item No. 5. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Pillot, yes, Quillin, yes; Cardamone, yes; Mason, yes; Mayor Cardamone requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial hearing will have 5 minutes to speak, will be timed, and will be advised when 1 minute remains. BOOK 46 Page 18482 07/19/99 6:00 P.M. BOOK 46 Page 18483 07/19/99 6:00 P.M. A1l 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 SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4146, AMENDING LAND DEVELOPMENT REGULATIONS (LDR) REVISION CONCERNING ALLOWING nr TOWNHOUSES" AS A MAJOR CONDITIONAL USE IN THE THEATRE AND ARTS (TAD) ZONE DISTRICT; ETC. (TITLE ONLY) (APPLICATION NO. 99-ZTA-02) - ADOPTED WITH SECTION VI-602-Ya_bIe). ZONING CODE (1998) DELETED AND REFERRED TO THE PLANNING BOARD/LOCAL PLANNING AGENCY FOR REVIEW (AGENDA ITEM IV-A-1) #2 (1756) through (3436) Mayor Cardamone stated that proposed Ordinance No. 99-4146 approves Application No. 99-ZTA-02 for a zoning text amendment allowing "townhouses" as a major conditional use in the Theater and Arts District (TAD) Zone District; and asked if two public hearings before the Commission is a new procedure? City Auditor and Clerk Robinson stated that two public hearings are required on issues affecting a zone district in the City. Paul Costanzo, Chief Planner, Planning and Development Department, came before the Commission and stated that at its May 12, 1999, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and voted unanimously to find proposed Ordinance No. 99-4146 consistent with the Comprehensive Plan, also called the Sarasota City Plan (1998), and to recommend Commission approval of "townhouses" as a major conditional use in the (TAD) Zone District; that at the July 6, 1999, Regular Commission meeting, the Commission held the first of two required public hearings and passed proposed Ordinance No. 99-4146 on first reading; that a more dense urban housing type will be allowed as a result of the revision. Commissioner Quillin referred to Section VI-2703, Development Standards, Zoning Code (1998), which includes the term "minimum floor area" and asked for clarification. Mr. Costanzo stated that the minimum floor area is an effort to guarantee minimum desired housing sizes and square footages. Commissioner Quillin stated that the minimum floor area for a single-family and a two-family house is 600 square feet in the TAD Zone District; that the minimum floor area is 950 square feet for a townhouse; and asked the reason for the difference? Mr. Costanzo stated that revision to the minimum floor area for single-family and two-family homes will likely be requested during the Phase II revision process of the Zoning Code (1998) as the standard is antiquated; that low- and moderate-income housing may require a different standard; that the distinction can be incorporated into Phase II. Commissioner Quillin stated that a 550 square foot, one-bedroom or a 650 square foot, two-bedroom housing unit is adequate for single people, retired people, or certain people in various markets. Mr. Costanzo agreed and stated that the City can develop different size units for different locations in the City. Mayor Cardamone opened the public hearing. The following people came before the Commission: Nan Plessas, 448 58th Street (34243) and Mark Smith 5562 Cape Aqua Drive (34242) members, and Sam Holladay, 1763 Spring Creek Drive (34239), President, local American Institute of Architects (AIA) Chapter. Ms. Plessas stated that the City is the center for the Arts in the County; that creativity is the essence of art; that the City is legislating design and stifling creativity by developing design guidelines; that the City is experiencing a great revival of designs from the 1950s; that the proposed guidelines are restrictive on creative people; that proposed Ordinance No. 99-4146 should be sent back to Staff for revision to eliminate design guidelines. Mr. Holladay referred to his letter dated July 16, 1999, sent to the Mayor indicating the references in proposed Ordinance No. 99-4146 to multiple roof lines and wall planes are arbitrary, are without justification, and limit architectural design; that the local AIA Chapter would like to volunteer to assist in developing guidelines. Mr. Smith stated that the purpose of zoning regulations is to ensure structures fit into the fabric of a city design scheme; that the City has a good ordinance without the design portion of proposed Ordinance No. 99-4146. Vice Mayor Pillot stated that very large houses are being built in certain parts of the City; and asked if the same objections apply to very large houses? Mr. Smith stated that a copy of a proposed City daylight plane ordinance relating to mega-homes was just received; therefore, an opportunity for review is required; that mass and scale are important in all projects; that for example, Casey Key, Siesta Key, and Manasota Key in the County have different lot configurations; that one zone district is inadequate to meet the requirements of all three locations; that the local AIA chapters suggestion to the County is to apply a separate zone district to BOOK 46 Page 18484 07/19/99 6:00 P.M. BOOK 46 Page 18485 07/19/99 6:00 P.M. each area; that architectural design is being dictated in proposed Ordinance No. 99-4146; that certain design guidelines can be created; however, caution must be exercised sO creativity is not hampered; that architects are required by Federal Emergency Management Agency (FEMA) and Florida Department of Environmental Protection (FDEP) regulations to design structures which allow for stormwater and flood plain control; therefore, architects have to design structures which are already tall and will not be able to design structures to full potential if the City adopts proposed Ordinance No. 99-4146. Vice Mayor Pillot asked if concerns about façade and setbacks apply equally to townhouse and very large house issues? Mr. Smith stated yes. Commissioner Quillin stated that the revision is only for the TAD Zone District. Mr. Holladay stated that is correct; however, other revisions to the Zoning Code (1998) are planned in the near future which will incorporate design guidelines; that no zone district is unimportant; that the local AIA Chapter is addressing the current revision; that all the architectural references should be removed from proposed Ordinance No. 99-4146. Commissioner Quillin stated that proposed Ordinance No. 99-4146 is for a particular zone district to allow in-fill projects. Ms. Plessas stated that proposed Ordinance No. 99-4146 sets an undesirable precedence. Commissioner Quillin asked if proposed Ordinance No. 99-4146 meets the in-fill requirements of the City with the objectionable elements removed? Ms. Plessas stated that other solutions are available; that the local AIA members would like to make a presentation to the Commission regarding possible solutions. Mr. Holladay cited Section VII-602.Y(4), Zoning Code (1998) as follows: "cross gables mitigate the barracks-like quality"; that the term barracks-like quality" is an opinion; that opinions are not appropriate in a zoning code. Charles Griggs, 4708 Pine Harrier Drive (34231), stated that the City should not legislate design; that design can only be criticized based on personal experiences; that zoning codes can legislate density, which controls the number of cars and traffic, light setbacks, air setbacks, and height limits; that changes concerning design guidelines are on-going; that architectural design should not be legislated; that proposed Ordinance No. 99-4146 should be sent back to Staff for refinement and the Commission should avoid getting into the design business. Devin Rutkowski, 324 Julia Place (34236), distributed a rendering of a townhouse complex and stated that under proposed Ordinance No. 99-4146 the townhouse complex depicted would not be allowed; that the prior testimony has been true and accurate; that the larger problem is the term "Development Standards" in proposed Ordinance No. 99-4146 is not defined; therefore, the term "Development Standards" can mean anything; that the City is hiding design criteria under the heading of "Development Standards"; that the City is traveling a very precipitous road. Bruce Balk, 290 Cocoanut Avenue (34236) member of the local AIA Chapter, representing Charles and Ronald Rivers, stated that the design criteria as created was Staff's idea; that Staff asked if the criteria was acceptable; that as an architect, the answer is yes; that the Executive Committee of the local AIA Chapter has not taken an official position nor has the Chapter authorized any statements before the Commission; that personal opposition exists to standards; however, some type of guidelines should be set for a community to avoid an accumulation of ugly buildings adversely affecting the environment; that design guidelines are not a problem; that proposed Ordinance No. 99-4146 is only for the TAD Zone District and should be adopted; that the time consumed with discussion regarding design guidelines could delay many construction projects; that citizens should discuss and review further design guidelines, if desired; that proposed Ordinance No. 99-4146 should be enacted; that proposed Ordinance No. 99-4146 will affect only developments in the TAD district. Commissioner Quillin asked if a townhouse can be built in the TAD district currently? Mr. Balk stated no. Commissioner Quillin asked if proposed Ordinance No. 99-4146 will allow townhouses? Mr. Balk stated yes. Commissioner Quillin asked if the design criteria in proposed Ordinance No. 99-4146 are acceptable? Mr. Balk stated yes. Commissioner Quillin asked if townhouses provide in-fill and if design criteria is necessary? Mr. Balk stated that the demand to purchase townhouses will be large; that an example is the strong response to the Library Mews and the Theatre Mews Village projects; that transfer of land and housing is in fee simple; that many communities have not set standards, while others have and will not deviate from the criteria in terms of design and expectations; that no one has spoken against the townhouse design concept; that the statements have been against design control. BOOK 46 Page 18486 07/19/99 6:00 P.M. BOOK 46 Page 18487 07/19/99 6:00 P.M. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4146 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Ordinance No. 99-4146 on second reading. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to adopt proposed Ordinance No. 99-4146 on second reading deleting and referring Section VII-602.Y(a) (b) (c) with the preceding sentence referred to the Planning Board/Local Planning Agency (PBLP) for recommendations as follows: Buildings containing three (3) or more townhouses shall incorporate at least two (2) of the following: a) A minimum of three (3) changes in roof slope planes, either vertically or horizontally, for each building; b) A change in wall plane of at least three (3) feet in depth for at least twelve (12) feet in length for every two (2) townhouses c) For each townhouse, at least one (1) architectural projection not less than two (2) feet from the wall and not less than four (4) feet wide. Such projection should extend the full height of single story townhouses, at least 1/2 the height of a two story townhouse, and 2/3 the height of a three story townhouse. Mr. Costanzo stated that the motion is a wise decision; that for clarification, townhouses can be built in the TAD Zone District; however, townhouses cannot be built as dense as under proposed Ordinance No. 99-4146; that the Commission will see more design-oriented guidelines in the future; that design-oriented guidelines are a familiar item in many communities from Naples, Florida, to Portland, Oregon; that the principles for design-oriented guidelines contained in the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that the Commission discussed the City's Comprehensive Plan for months; that the principles were adopted and are displayed on the wall of Chambers. Mayor Cardamone stated that a developer could seek to construct a denser than currently allowed townhouse complex in the TAD Zone District; that proposed Ordinance No. 99-4146 was moved forward faster than usual to accommodate a specific project; that the Commission was surprised to see proposed Ordinance No. 99-4146 as a separate revision; that the previous Commission spent years creating the City's Comprehensive Plan; that standards for construction, especially in areas of redevelopment, were desired; that a semantics problem may exist between the terms "design standards" and "development standards"; that the Commission will attempt to resolve the misunderstanding; that Staff should communicate with the architectural community concerning the definition of the two terms; that Staff should also convey to the architectural community the City's expectations for building standards; however, all structures in the City should not have, for example, a Spanish flair and red roof tiles; that good design and standards should be applied; that some members of the community have expressed concern regarding proposed Ordinance No. 99-4146; that proposed Ordinance No. 99-4146 received fast track attention and citizens should have had an opportunity for input; that eliminating Section VII-602.Y(a) (b) (c), Zoning Code (1998), is a good compromise. Mr. Costanzo stated that the compromise is workable. Vice Mayor Pillot stated that appreciation is extended to Mr. Costanzo and other Planning Department Staff for the competence, quality and experience brought to the work of the City; that the change in the proposed ordinance does not reflect negatively against the Planning Department; that simply, after listening to citizens, the Commission should provide the community an opportunity to become involved with guideline creation. Mayor Cardamone restated and called for a vote on the motion to adopt on second reading proposed Ordinance No. 99-4146 eliminating and referring Section VII-601.Y(a) (b) (c), Zoning Code (1998), with the preceding sentence to the PBLP. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 8. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4153, AMENDING THE ZONING CODE (1998) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 98-4076; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITYI DIVISION 7, PUBLIC ART CONTRIBUTION TO THE PUBLIC ART FUND; ETC. (TITLE ONLY) (APPLICATION NO. 99-ZTA-09) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #1 (3436) through (3607) John Burg, Chief Planner, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 99-4153 approves Application No. 99-ZTA-09 for a zoning text amendment to Section VII-701, Public Art Required, Zoning Code (1998), for non-residential projects located in the Commercial, Central Business District (C-CBD) and the Theatre and Arts District (TAD) Zone Districts and for public buildings in the Governmental Use (G) Zone District by eliminating the option of BOOK 46 Page 18488 07/19/99 6:00 P.M. BOOK 46 Page 18489 07/19/99 6:00 P.M. providing public art for contributions of $5,000 or less to the Public Art Fund; that the Planning Board/Local Planning (PBLP) held a public hearing on June 2, 1999, and Agency voted unanimously to find proposed Ordinance No. 99-4153 consistent with the Sarasota City Plan, 1998 Edition, and recommend Commission approval; that at the July 7, 1999, Regular the meeting Commission voted to set proposed Ordinance No. 99-4153 for public hearing. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4153 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4153 on first reading. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to pass proposed Ordinance No 99-4153 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4154, AMENDING THE ZONING CODE (1998) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 98-4076; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITYI DIVISION 3, TRANSITIONAL BUFFERS, LANDSCAPING AND VEGETATION FOR NEW DEVELOPMENTI ETC. (TITLE ONLY) (APPLICATION NO. 99-ZTA-05) = PASSED ON FIRST READING (AGENDA ITEM IV-A-3) #1 (3607) through #2 (0902) Paul Costanzo, Chief Planner, Planning and Development Department, came before the Commission and stated that probably the single largest problem found in the Zoning Code (1998) is the new Buffer Regulations; that the regulation as written is not a buffer regulation but rather a mandatory landscape setback regulation; that traditional buffer regulations require buffers between uses of different intensities; that the concepts of buffers are two-fold: 1) use and 2) different intensities; that both concepts have been omitted from the regulations as written; that the existing regulations requires a mandatory 10-foot landscaped setback completely encircling every lot in the City with the exception of single-family zoned lots, which was not the original intent; that a 10-foot landscape buffer is currently required between two office buildings, two convenience stores, two industrial buildings, and between a use and a street which was not intended; that proposed Ordinance No. 99-4154 is to approve Application No. 99-ZTA-05 for a zoning text amendment to the Zoning Code (1998). Mr. Costanzo continued that the proposed revision is to eliminate the problem with the existing regulations by requiring the use of buffers only between abutting uses of different intensities and only along the property lines between different intensities of use. Mr. Costanzo. further stated that the proposed ordinance will not require buffers between uses and streets; that the proposed regulations are designed to provide developers with flexibility by providing various available options for buffering. Mr. Costanzo referred to Table 300-1, Table of Impact Categories by Land Use Type, and stated that an intensity number, i.e., an Impact Category, has been assigned to every use allowed in the Zoning Code (1998). Mr. Costanzo referred to Table 300-2, Table of Buffer Type Requirements, and stated that the Impact Category and the Abutting Existing Land Use Impact Category determine the specific buffer type required as indicated in Buffer Types A through E incorporated in the exhibits; that each buffer type has at least four and usually five variations for developer flexibility. Mayor Cardamone opened the public hearing. The following people came before the Commission: Pam Truitt, P. 0. Box 701 (34230) representing Sarasota Memorial Hospital (SMH), stated that the elimination of buffers on alleys is supported; that SMH has a project impacted by proposed Ordinance No. 99-4154; that currently a parking lot is planned which is separated from another SMH-owned parking lot by an alley; that a 10-foot buffer seems absurd; that SMH supports proposed Ordinance No. 99-4154. Tim Clarke, 400 Sarasota Quay (34236), representing Clarke Advertising and Public Relations, stated that the company has a goal of building a Class A office building in the Rosemary District on the north side of Fruitville Road; that the company also owns a parcel of land at the intersection of Orange Avenue and Fruitville Road; that under the current regulations, the company is prohibited from building the type of building required; that the elimination of buffers along alleys is critical as the company owns both sides of the alley on the site; that too much parking would be lost by requiring extensive buffering; that additionally, safety is an issue as company employees would be crossing the alley and navigating the BOOK 46 Page 18490 07/19/99 6:00 P.M. BOOK 46 Page 18491 07/19/99 6:00 P.M. landscaped buffer; that proposed Ordinance No. 99-4154 is supported. Devin Rutkowski, 324 Julia Place (34236). Mayor Cardamone stated that the custom of the Commission is members of City boards do not present a critical report before the Commission without the rest of the board having the opportunity to present other points of view; that board members are not prevented from speaking; however, the practice is a concern. Commissioner Quillin asked if the speaker is present as a property owner and citizen or a member of the Planning Board/Local Planning Agency (PBLP)? Mr. Rutkowski stated that he is present as a property owner and citizen. Commissioner Quillin stated that allowing Mr. Rutkowski to speak as a citizen is not a concern. Commissioner Mason stated that Mr. Rutkowski should be allowed to speak if not representing the PBLP. Mr. Rutkowski stated that he is not representing the PBLP. Mayor Cardamone stated that no implication was intended as to representing the PBLP; however, the PBLP recommended Commission approval of proposed Ordinance No. 99-4154; that several comments were received about the propriety of a board member speaking before the Commission. Mr. Rutkowski stated that the future direction of some land use policies and decisions is a concern; that the proposed ordinance is a correction to a problem created by the City and is a 40-page document dealing with buffers; that the previous speakers were speaking about a 10-foot buffer around an alley which is not normal; that most cities do not place buffers around alleys; that the City must accept responsibility for creating the problem; however, the solution is a problem; that proposed Ordinance No. 99-4154 is not necessary; that 170 land uses are identified in the City, every one of which has an Impact Category associated with the use; that Buffer A or B could be a 3-feet buffer provided a wall is constructed; that planting three oak trees will be allowed in the 3-foot buffer; that the trees will be cut down in 10 or 20 years as the tree growth will affect the wall; that the City should not wish to be a City of walls or to wall out every incompatible land use based on dictates of the land development regulations; that walls are seen everywhere in the County as the County wishes to wall out land uses; that residents tend to walk from one land use to another in the City; that a negative land use can be walled off; that proposed Ordinance No. 99-4154 allows only certain fences; that one, a split-rail fence, actually belongs in a rural land use; that a beautiful lattice fence between a parking lot and some apartments would not be permitted unless a variance is granted; that many people in the development industry and other professionals do not like doing business in the City; that proposed Ordinance No. 99-4154 is an example of the reason; that the Director of Building, Zoning and Code Enforcement will be required to enforce the proposed ordinance; that the old regulations were simple; that a 40-page document such as the proposed ordinance is not required; that in 40 years the walls and fences will be in disrepair; that a wall would be required between a café and a house in the Theater and Arts District (TAD) Zone District; that a wall may not be desired by either party. Mayor Cardamone asked if the information was provided to the PBLP? Mr. Rutkowski stated that the PBLP was asked for suggestions; that the suggestion was to return to the old land development regulations; that cities do not traditionally create buffers; that every use in the County is buffered; that the previous motion on townhouses was good. Commissioner Quillin asked if proposed Ordinance No. 99-4154 is due to certain events in the City, such as an unpainted block wall on a major street, as the previous regulations did not require paint? Mr. Rutkowski stated that a connection could exist. Commissioner Quillin stated that a hedge to shelter garbage cans may be planted on an alley; that the City should not be a fenced or gated community. Mr. Rutkowski stated that commercial developers in the City have many hurtles with the Zoning Code (1998); that the City's land development regulations have gone too far in the wrong direction. Commissioner Mason asked if block walls are consistent with the Crime Prevention Through Environmental Design (CPTED) philosophy? Commissioner Quillin stated no; that many standards in proposed Ordinance No. 99-4154 do not meet CPTED standards. Mr. Costanzo referred to Section VII-305 (A) (2), Parking Lot Landscaping, Zoning Code (1998) as follows: BOOK 46 Page 18492 07/19/99 6:00 P.M. BOOK 46 Page 18493 07/19/99 6:00 P.M. 2. Such parking lots (off-street parking lots) shall be setback at least five feet from all property lines, except those abutting public alleys. Mr. Costanzo continued that parking lots, similar to public streets, will not have required setbacks nor landscape buffers from public alleys. Mr. Costanzo stated that generally, the CPTED principles are very good; however, some buffer requirements in proposed Ordinance No. 99-4154 may be contrary to strict CPTED principles. Vice Mayor Pillot asked for clarification of CPTED for the benefit of the audience and listening public. Mr. Costanzo stated that CPTED is Crime Prevention Through Environmental Design (CPTED). Mayor Cardamone asked if side fences, etc., are allowed? Mr. Costanzo stated that side fences are allowed in all zone districts but are required in certain buffers; that in certain instances side fences and walls are necessary; that Staff completely disagrees with the premise proposed Ordinance No. 99-4154 is a county or suburban oriented buffering standard; that Portland, Oregon, has a similar regulation for buffering; that the regulations are required and represent necessary buffering standards which the City does not have currently; that one year ago, Fort Collins, Colorado, adopted a completely new zoning ordinance based on neo-traditional principles incorporating buffering standards; that Staff is not knowledgeable about landscaping and worked with the City's landscape architectural consultants to guarantee a 3-foot-wide buffer with planted trees would not affect an adjacent wall; that the consultants assure trees will not negatively affect an adjacent wall; that the consultants guarantee information presented by Staff will work well into the future. Commissioner Mason stated that CPTED principles should have some validity in proposed Ordinance No. 99-4154; that a situation similar to the Sarasota Housing Authority (SHA) in which the City will pay for the removal of walls should be avoided. Mr. Costanzo agreed; and stated that a CPTED review is incorporated in the Development Review Committee (DRC) process; that adherence to CPTED principles may be less stringent due to particular site design criteria or restrictions on a particular project; that generally, projects are designed and reviewed following CPTED principles. Mayor Cardamone stated that fences are not enjoyed nor should be encouraged; however, her personal favorite fence, which is exemplified by the fence in front of the Ringling School of Design, is omitted from Exhibit 7, Fences, in the proposed ordinance. Mr. Costanzo stated that the fences are illustrative only; that the opacity of each fence type is given in Exhibit 7; that a split-rail fence is not necessarily required; however, 10 percent opacity may be required in certain instances. Mayor Cardamone asked if lattice fences are permitted? Mr. Costanzo stated yes, provided the required opacity is met. Mayor Cardamone asked who makes the determination? Mr. Costanzo stated that the Director of Building, Zoning and Code Enforcement makes the determination. Mayor Cardamone stated that the exhibits appear as part of the requirements and are, therefore, misleading. Mr. Costanzo stated that the exhibits could be marked as for "Illustration Purposes Only. Commissioner Quillin stated that a split-rail fence as an allowable example is not desired. Mayor Cardamone stated that incorporating illustrations was requested as previously no illustrations were included. Commissioner Quillin stated that limiting choices is not desired; that the necessity of some buffering is questioned. Mr. Costanzo stated that the City's landscape architect can address the concerns at the next public hearing. City Auditor and Clerk Robinson stated that only one public hearing will be held on the proposed Ordinance No. 99-4154. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to pass proposed Ordinance No 99-4154 on first reading. Commissioner Quillin stated that enough information was presented to request an additional review by Staff of proposed Ordinance No. 99-4154; that no reference to CPTED principles are incorporated; that all developers should be made aware of CPTED principles by having the principles in the ordinance; that proposed Ordinance No. 99-4154 causes some discomfort; that a workshop may be required with the PBLP. BOOK 46 Page 18494 07/19/99 6:00 P.M. BOOK 46 Page 18495 07/19/99 6:00 P.M. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4154 by title only. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (3 to 2): Pillot, yes; Quillin, no; Cardamone, no; Hogle, yes; Mason, yes. 10. CITIZENS' INPUT CONCERNING CITY TOPICS - DIRECTED THE ADMINISTRATION TO FORM A PANEL OF INTERESTED PARTIES TO ADVISE THE COMMISSION CONCERNING THE SCAT INTERMODAL TRANSIT STATION (AGENDA V) #2 (0902) through (1200) The following people came before the Commission: Rod Warner, 3648 Tamiser Terrace (34239), distributed a table of traffic data and stated that traffic surveys indicate speed tables in the Orange Avenue area failed to calm traffic; that the City's most recent vehicle traffic data is from 1996; that no vehicle traffic surveys of speed table areas were found for 1997 through 1999; that the 1996 report documents the speed of vehicles meeting and exceeding the posted speed limit; that a marked decline in vehicles speeding was reported right after the speed tables were installed; however, vehicles returned to exceeding the posted speed limit after six-months; that the City's standard for traffic volume is no more than 1,000 vehicles per day; that ten City streets had traffic volume over 1,000 vehicles per day; that updated data should be obtained prior to installing more speed tables; that a review of the data may assist in understanding the impact of speed humps; that speed humps, by design, must be constructed to be safe for vehicles and motorists; however, the faster one travels along Orange Avenue, the easier traveling over the speed tables becomes; that installation of speed tables in the City should be reconsidered; that the City's data should be brought up. to date; that traffic abatement should be addressed before traffic calming. Paul Thorpe, 1818 Main Street (34236), representing the Sarasota Downtown Association Inc., came before the Commission and stated that the City should arrange a meeting with the County, Sarasota County Area Transit Authority (SCAT), Dr. Murray Klauber, senior citizens and all other interested parties to solve locating the bus transfer station; that approximately $3 million in State funds is available to construct a new SCAT Intermodal Transfer Station; that all interested parties should agree on a location and accept State funding before the offer expires. Mayor Cardamone asked if a consensus exists to instruct the Administration to form a panel of interested parties? Commissioner Quillin stated that the City and County should be meeting together to address the issues of parking and transportation; that the SCAT Intermodal Transfer Station and lack of parking are related; that the problem belongs to both the City and County. Vice Mayor Pillot stated that a joint meeting of the City Commission and the Sarasota Board of County Commissioners would be of benefit; however, the research should done by Staff before the Commissions meet. Mayor Cardamone stated that the two Commissions had a joint meeting concerning the SCAT Intermodal Transfer Station; that at the time, the City indicated the bus terminal should not be located on Lemon Avenue. Vice Mayor Pillot stated that the new Commission would benefit from the Administration presenting ideas generated from a panel of interested parties; that after listening to the panel, a joint meeting could be scheduled. Commissioner Mason stated that a joint meeting with the County is supported but only after citizen input is obtained. Mayor Cardamone stated that the consensus of the Commission is to direct the Administration to form a panel of interested parties to advise the Commission concerning locating the SCAT Intermodal Transit Station. 11. UNFINISHED BUSINESS: REPORT RE: UPDATE ON THE PROGRESS OF THE NORTH SARASOTA CUTTING EDGE TEAM INITIATIVE DRUG FREE COMMUNITIES - ADMINISTRATION WILL REPORT BACK CONCERNING RECOMMENDATIONS OF DRUG FREE COMMUNITIES (AGENDA ITEM VI-1) #2 (1200) through (2280) Mary Ann Andrews, Executive Director, and Gordon Jolly, Program Director, Drug Free Communities, Linda Holland, Member, Gillespie Park Neighborhood Association (GPNA), and Burt Polishook, Member, Indian Beach/Sapphire Shores Association (IB/SSA), came before the Commission. Mr. Jolly stated that the Drug Free Communities oversees and administers the Federal Weed and Seed Program in Manatee and Sarasota Counties; that almost one year ago, the organization brought into the communities a new program promoted by the National Crime Prevention Council (NCPC) called "Cutting Edge". Ms. Andrews stated that the Cutting Edge program came into being as a direct result of the Weed and Seed program which has been operating in the City since 1994; that Drug Free Communities knew an impact was taking place in the targeted areas of the City but other areas of the City were not being addressed; that the concepts in the Cutting Edge program were combined with knowledge BOOK 46 Page 18496 07/19/99 6:00 P.M. BOOK 46 Page 18497 07/19/99 6:00 P.M. learned in the Weed and Seed program and extended into some of the areas contiguous to the Weed and Seed area in the City, and Sarasota County, the City of Bradenton, the City of Palmetto, and Manatee County; that the ideas include: introducing productive partnerships which has been done, conducting a needs assessment including a neighborhood capacity assessment through asset mapping, and developing a problem solving mentality with citizen input; that the City's goals and the goals of the Cutting Edge program mirror each other as follows: 1. To create a safe place 2. To have viable neighborhoods working together as a community 3. To be an attractive, clean, and aesthetically pleasing City Ms. Andrews continued that team representatives are present in Chambers; that the team is composed of representatives from the northern neighborhoods, the University of South Florida/New College (USF) Police, the Sarasota/Bradenton International Airport Police, the Ringling School of Art and Design Security, the Sarasota County Sheriff's Office, City of Sarasota Police Department, and the City's Department of Neighborhoods and Redevelopment; that the work has been in progress since November 1998 and will continue until the job is complete; that slowly the problems and issues in the target neighborhoods are being overcome; that the presentation will consist of an overview of the teams accomplishments since 1998 and its goals for 2000. Ms. Holland stated that the Cutting Edge efforts have focused on several specific areas of criminal activities which impact the safety and quality of life for north Sarasota residents. 1. Prostitution: The 1997 arrest rate for prostitution in the City was 10 times greater than the state average. The age old and supposedly victimless crime has changed over the years predominately due to a direct correlation with the crack cocaine problem. The crime degrades the living environment by creating an atmosphere conducive to other crimes, reducing property values, discouraging new homeownership in areas which have the problem, creating a sense of fear among the residents, and establishing an undesirable role model for children in the neighborhoods. Prostitution is attracting younger and younger people every day. Recommended actions: To address the problem, a proposal has been presented to the State Legislative Delegation that any person convicted more than three times for prostitution would be guilty of a felony, similar to other crimes. The Court Watch Program which is funded by Drug Free Communities follows cases through the judicial process to guarantee citizens' rights are represented. Current neighborhood crime information should be available on the Internet rather than information concerning the location of prostitutes which should not be allowed. 2. Gang Activity: Increased graffiti is a good indicator of gang-related activity and is a warning sign for other potentially serious problems. Two gangs have been identified with recent activity between Sarasota and Bradenton. Regretfully, some activity has included possession and discharge of firearms. The problems are not limited to graffiti. Recommended actions: The recommendations are: to increase collection of intelligence data on the gangs and monitor gang activities by the gang police officers and to develop an immediate paint-out procedure for public and private property as graffiti must continually and immediately be removed for as long as necessary. 3. Adult entertainment: The problem is real to residents in areas with adult entertainment. The effects are: reducing property values, attracting undesirable visitors to the neighborhood, discouraging legitimate businesses from operating in the area, and discouraging new home ownership in the neighborhoods. Recommended actions: More criminal intelligence investigations of adult establishments should be encouraged to determine if crimes are being committed on the premises. If crimes are being committed, the criminals should be prosecuted. 4. Absentee landlords: Landlords do not always screen tenants to control illegal activity or inspect the property to assure the property is kept in good condition. Usually inspections, if performed, are not done on a regular basis. Consequently, responsibility for ensuring the property of absentee landlords are properly rented and maintained falls on the neighbors and code enforcement personnel. Recommended actions: Dialogue between Staff and the Sarasota Landlord Association members should continue. The interaction has been a very positive one so far. All the Code Enforcement Inspectors were present at the last Sarasota Landlord Association meeting; and a good dialogue between the members and Staff took place. The Sarasota Police Department's Landlord Training Program is a good training program and should continue. The use of the Nuisance Abatement Board as a tool to help address the problems should also continue. Code Enforcement Staff should be used to address the maintenance issue. BOOK 46 Page 18498 07/19/99 6:00 P.M. BOOK 46 Page 18499 07/19/99 6:00 P.M. Mr. Polishook stated that in the first Cutting Edge meeting, the physical environment in which crimes, prostitution and drugs flourish, specifically focusing on the North Tamiami Trail area, was identified; that crime, prostitution, and drug problems have decreased over the last few years on North Tamiami Trail but are still very significant; that compared to the South Tamiami Trail last year, the North Tamiami Trail area had 7 times the reported vehicle thefts, 1.6 times the grand theft and robbery arrests, 6.4 times the narcotics arrests, and 30 times the prostitution arrests; that a boom exists in construction on the south end of the North Tamiami Trail area, near downtown and close to the bayfront; that the Ringling School of Art and Design, USF, and the Ringling Museum have enhanced location sites and are planning additional enhancements which may further positively influence development of the North Tamiami Trail; that development of the North Tamiami Trail area must become the City's first priority in accordance with the hopes and wishes of the Regional/Urban Design Assistance Team (R/UDAT), the strong focus of Gateway 2000, and efforts by the neighborhoods; and cited from a document entitled, "A Vision for the North Tamiami Trail" as follows: The upper section of the trail carries the symptoms of urban decay and economic obsolescence of a drive-by tourist and strip-mall economy which has seen better days. Mr. Polishook continued that the essential idea and the planning effort is similar to the highly productive redevelopment effort in downtown; that the North Tamiami Trail area could become a more safe environment and major asset if the City focuses on the area. Mr. Polishook further stated that two options are available: 1. do nothing and hope economic development crawls up the North Tamiami Trail area and eventually provides an environment which will further reduce crime, prostitution, and drugs and enhance the economy of the City; or 2. be proactive and ensure the City's future and safety of valued neighbors. Mr. Polishook stated that the first option has not borne obvious fruit for the City; that the second option is recommended with such programs as the Cutting Edge Program which supports the "Vision for the North Tamiami Trail" in concert with other organizations such as Gateway 2000 and the North Tamiami Trail neighborhoods; that the North Tamiami Trail area should be a high priority City project by pursuing the five-point plan described in the "Vision for the North Tamiami Trail" which includes identifying and ensuring the North Tamiami Trail area as: 1. The northern gateway to the City 2. An economically sustainable corridor for the benefit of the City and local neighborhoods 3. A show case for the world class cultural and educational institutions on North Tamiami Trail, with consideration given to renaming North Tamiami Trail as the "Gateway of the Arts" or the "Gateway to the Cultural Coast" 4. A safe and efficient transportation corridor for visitors including walking and biking trails 5. A linkage of urban design and economic development which might serve as a pilot program for other City programs Mr. Polishook stated that the vision cannot be accomplished overnight; that a roadmap for the future can be developed if the Commission agrees with the elements of the vision; that the roadmap should include the following initial steps: a. Approving the economic development position being requested by the Department of Neighborhoods and Redevelopment - This position will play a vital role in helping to enhance the North Tamiami Trail area and will assist the City in charting an economic future by solving problems and creating opportunities. b. Accelerating work efforts in the Planning Department on Action Strategy 8.9, Sarasota City Plan, 1998 Edition, related to land use plans for the North Tamiami Trail area which is currently scheduled to start at the end of 2000. C. Aesthetically improving the North Tamiami Trail area in four ways: 1) new planting of trees and shrubs, 2) the liberal use of signage to identify the Gateway and offerings, 3) the assessment and adoption of design and signage standards based on the best standards available, and 4) adoption of a storefront incentive program similar to the Main Street program. d. Ensuring a coordinated and comprehensive code and criminal enforcement effort in the North Tamiami Trail area, particularly aimed at the adult businesses which seem to support much of the prostitution, crime, and drugs on North Tamiami Trail. Mr. Polishook stated that the Commission has a significant challenge; that more ideas are in development through the joint activities of Cutting Edge, the North Tamiami Trail Committee, Gateway 2000, and neighborhoods; that great cities step up to significant challenges such as the one before the Commission; that the addition of an economic development position in the budget for fiscal year (FY) 1999/2000 as requested by the Department of Neighborhoods and Redevelopment is supported. BOOK 46 Page 18500 07/19/99 6:00 P.M. BOOK 46 Page 18501 07/19/99 6:00 P.M. Ms. Anderson stated that the purposes of the presentation are to familiarize the Commission with the Cutting Edge's effort and to recognize the citizens and partners who have worked very hard, met religiously since November 1998, and gone through the Crime Prevention through Environmental Design (CPTED) program as a group; that an updated newsletter is available; that the next major event is the appearance of James Copple, Associate Director of the National Crime Prevention Council in the Sarasota/Bradenton area on September 8 and 9, 1999; that the purpose of the visit is to review the progress made locally. Commissioner Quillin referred to a June 13, 1999, newspaper article in the Bradenton Herald-Tribune entitled "Officials Trying to Wipe Out Graffiti" indicating the City of Palmetto's aggressive approach to the graffiti problem. Ms. Anderson stated that the City of Palmetto is a Cutting Edge area and is taking an aggressive approach to the graffiti issue; that all five Cutting Edge neighborhoods have similar yet different problems and have developed plans to solve the problems. Commissioner Quillin stated that groups from the private sector from Sarasota County have recently traveled to North Port to remove graffiti; that graffiti is marking territory and a sign some real problems are about to follow; that the efforts of these groups are applauded. Mayor Cardamone asked the following Cutting Edge Team Members in the audience to stand and be recognized: Kafi Benz Indian Beach/Sapphire Shores Association Stan Duncan Lieutenant, Sarasota Police Department John Helme Deputy, Sarasota County Sheriffs' Office Debbie Marks Department of Neighborhoods and Redevelopment Tina Riggle Gillespie Park Neighborhood Association (GPNA) David Scott Deputy, Sarasota County Sheriffs' Office J. Z. Sipp Sarasota County Sheriffs' Office Patty Snyder Gillespie Park Neighborhood Association (GPNA) William Spitler Lieutenant, Sarasota Police Department Barry Sullivan Corporal, Sarasota County Sheriffs' Office Mayor Cardamone stated that many of the suggested recommendations are supported; and asked the Administration's recommendation. City Manager Sollenberger stated that the recommendations will be reviewed with Staff and a report returned to the Commission; that some recommendations such as control of graffiti through an ordinance have been before the Commission in the past; that guidance from the Commission on the various issues would be appreciated; that the resources required and the schedule to accomplish the goals should be considered; that the suggestions are outstanding; that Staff will generate a plan to attack the issues. Commissioner Mason stated that as a participant, the group produced one of the most comprehensive efforts ever seen in the City; that the program should be implemented throughout the City as neighborhoods are brought together to tackle problems in a manner not seen for a long time; that the problems are universal yet unique to certain neighborhoods; that the program is wonderful effort; that being part of the group is thrilling; that a leadership role has been taken in the community through this effort. Ms. Andrews stated that leading is easy with the great volunteers participating. Mayor Cardamone stated that several different Weed and Seed meetings have been attended; that the participants' enthusiasm is impressive; that additional landscaping funding is being considered in the budget which will positively impact the North Tamiami Trail area; and asked an anticipated date for the Administration to present specifics for the Commission's review? City Manager Sollenberger stated that Staff will present specific recommendations at the earliest possible date. Mayor Cardamone stated that a program will be presented in September 1999 with James Copple, Associate Director of the National Crime Prevention Council; that the Administration could be prepared to offer ideas at that time. Commissioner Quillin stated that the recommendation is to present a report during the annual neighborhood workshop as the workshop is prior to the Commission's annual goal-setting workshop; that much of the information is valuable to goal setting; that changing the name of North Tamiami Trail is not supported. City Manager Sollenberger stated that a response will be provided as quickly as possible. Kafi Benz, P. 0. Box 2900 (34230), deferred from speaking. Vice Mayor Pillot stated that Betsy Kelley, who has attended Commission meetings for the last 16 years, is not present due to illness; that best wishes for a quick recovery are extended; that Ms. Kelley's 80th birthday was recently recognized at the July 6, 1999, Regular Commission meeting. The Commission recessed at 0:34 p.m. and reconvened at 8:44 p.m. 12. UNFINISHED BUSINESS: RESCISSION RE: ADOPTED MOTION OF JANUARY 19, 1999, GRANTING COMMISSION CONCEPTUAL APPROVAL BOOK 46 Page 18502 07/19/99 6:00 P.M. BOOK 46 Page 18503 07/19/99 6:00 P.M. OF EXPANSION PLANS FOR THE SENIOR FRIENDSHIP CENTER (SFC) AT LUKE WOOD PARK; AND THE ADOPTED MOTION OF MARCH 15, 1999, GIVING COMMISSION ENDORSEMENT OF DEVELOPMENT OF A PROPOSED CENTER FOR BUSINESS, ARTS, AND TOURISM AT 1226 NORTH TAMIAMI TRAIL NEAR PIONEER PARK APPROVED: 1) TO REAFFIRM THE DECISION MADE AT THE JANUARY 19, 1999, REGULAR COMMISSION MEETING TO PERMIT EXPANSION OF THE SFC EAST IN LUKE WOOD PARK FAILING THE ABILITY TO PURCHASE ALTERNATE PROPERTY, 2) FOR THE ADMINISTRATION TO REPORT BACK CONCERNING THE AVAILABILITY OF FUNDS TO PURCHASE THE GLAUSER PROPERTY WITHIN SIX MONTHS OR TO REQUEST ADDITIONAL TIME IF NECESSARY, AND 3) TO INCORPORATE A REQUIREMENT IN A LEGALLY BINDING DOCUMENT THAT NO ADDITIONAL LAND IN LUKE WOOD PARK WILL BE GIVEN TO THE SFC; ENDORSED THE DEVELOPMENT OF THE PROPOSED CENTER FOR ARTS, PHILANTHROPY AND COMMERCE AS REVISED AND DIRECTED THE ADMINISTRATION TO DEVELOP A PARKING AGREEMENT (AGENDA VI-2) #2 (2285) through #4 (1285) Commissioner Quillin stated that the Commission conceptually approved expansion plans for the Senior Friendship Center, Inc. (SFC) at Luke Wood Park at the January 19, 1999, Regular Commission meeting; that the Commission endorsed development of a proposed Center for Arts, Philanthropy and Commerce (the Center) at 1226 North Tamiami Trail near Pioneer Park at the March 15, 1999 Regular Commission meeting; that both meetings were prior to the seating of new Commissioners; therefore, she and Commissioner Mason were not part of the decision-making process; that due to great concern in the community, a discussion of development plans with the new Commissioners is appropriate; that Pioneer Park and Luke Wood Park are two separate issues and should be treated as such; that a master plan for City parks should be developed to identify the amenities; that the underlying concern of the public is park land cannot be retrieved once lost. Vice Mayor Pillot agreed the issues of Pioneer Park and Luke Wood Park should be separated. Commissioner Quillin referred to a letter dated July 15, 1999, to the Commission from Robert Roskamp indicating space at Pioneer Park will not be required for the Center's parking needs; that the Center's parking will be provided on site and on the grounds of the Sarasota Bay Club; however, to demonstrate the community-minded spirit of the partnership, the partners for the Center will donate improvements to the existing parking lot for Pioneer Park and the Daughters of the American Revolution (DAR) house as well as the other park improvements; that the community efforts of the Roskamp organization are appreciated; that Pioneer Park has many activities; that a $10,000 grant was received for restoration of Hog Creek sO more people can use the Park; that other partnerships are anticipated to enhance the Park; and asked if withdrawal of the request to use Pioneer Park for parking is a rescission? City Attorney Taylor stated that the developer has formally withdrawn the request. Vice Mayor Pillot stated the parking issue at Pioneer Park has been resolved and referred to the minutes of the March 15, 1999, Regular Commission meeting at which the following motion which did not specifically address parking was proposed: To endorse the development of the proposed Center for Business, Arts, and Tourism in concept and refer the proposal to the Administration for appropriate action. Commissioner Quillin asked if the content should be kept on the record or modified as the motion did not incorporate the request for parking? City Auditor and Clerk Robinson stated that the Commission may wish the record to reflect the developer has withdrawn the request. Mayor Cardamone stated that Mr. Roskamp is the first scheduled speaker and will probably address the issue. Commissioner Quillin stated that the records concerning Luke Wood Park have been researched since the 1930s; that the first time the Senior Friendship Center, Inc. (SFC) came to the City requesting a footprint was for recreational purposes for the community's senior citizens; and referred to Ordinance No. 1023 concerning Gillespie Park and Luke Wood Park as follows: public park uses and purposes shall not be deemed to include any building housing any of the administrative, police, fire or similar functions of the City, nor any building by whomsoever owned which shall be used principally by any private organization although such organization may be devoted to charitable or other quasi-public purposes. Commissioner Quillin continued that Ordinance No. 1023 was adopted when the road was extended through Luke Wood Park; that at that time, the City planned to build a Police Department on the current SFC location; that City records reflect receipt of over 200 signatures on a petition protesting the plan to use the park property for other than public recreational use; that the SFC was developed in February 2, 1981, as an adult daycare facility to care for the frail and infirmed elderly, i.e., those individuals who are mobile but homebound; that the SFC is a wonderful facility providing recreation; that some previous Commissioners voting on the subject may have believed the SFC was providing recreation and further requests would not be made; that BOOK 46 Page 18504 07/19/99 6:00 P.M. BOOK 46 Page 18505 07/19/99 6:00 P.M. some members of the community feel when Commissioners change, things are forgotten; that worthy organizations are acquiring park land; that the SFC's request for a health clinic is not an appropriate use for a City park; that personal assistance is offered in working with the SFC to identify an appropriate location; that Mr. Glauser, the owner of the property an adjacent automobile dealership, may work with the community to locate the health clinic at that location; that the community is concerned regarding SFC's expansion; that the SFC is a wonderful organization providing recreation and a place for seniors to enjoy; however, park space should not be provided for office use; and asked if a public hearing for an amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, is required? City Auditor and Clerk Robinson stated yes. Vice Mayor Pillot stated that during his tenure as Superintendent of Schools for Sarasota County, personnel of the SFC requested use of the school cafeteria for candlelight dining and school buses for transporting senior citizens; that although thinking the use of school buses was not probable, the possibility was investigated; that the determination was school buses could be utilized if not required for normal school purposes; that State funds were allocated for the school buses and drivers; that recreation is important; that the word can be broken down to "re" and "create"; that the importance of social recreation to enjoy the activities of the SFC is demonstrated; that health services help recreate senior citizens; that the SFC was one of the first to get special legislation allowing licensing of retired medical personnel to donate time; that many people who have not been able to afford medical care have been helped; that the Glauser property would be a wonderful location but was investigated many months ago; that the idea for a consortium between the SFC and the City was presented to the Administration previously; that a local attorney representing the SFC met with Mr. Glauser to discuss a price for the property; that the price was not within the boundaries for consideration by the City or the SFC; that the SFC is asking for City assistance to continue serving senior citizens; that the service is provided without public funds; that the SFC has been a model presented to the Congress of the United States and has expanded throughout Florida; that the piece of land requested by the SFC is on the eastern portion of the park abutting US 301 Street; that a local citizen telephoned to discuss if the present aesthetics outweigh the use of the SFC; that commuters heading south on US 301 observe the aesthetics if stopped at a traffic light; that the value of SFC's services outweigh the difference in aesthetics of a parking lot with landscaping on the eastern edge; that commuters on US 301 would continue to view the landscaping; that a master plan for parks is endorsed; that careful consideration should be given to providing services for people who do not request government funds. Charles D. Bailey, law firm of Williams, Parker, Harrison, Dietz & Getzen, 200 South Orange Avenue (34236) and Robert Roskamp, 200 South Orange Avenue (34236), representing the Freedom Group, came before the Commission. Attorney Bailey stated that the vote at the March 15, 1999, Regular Commission meeting endorsing the development of a proposed Center for Arts, Philanthropy and Commerce (the Center) at 1226 North Tamiami Trail near Pioneer Park is appreciated; that the original concept was parking requirements would be met by using a portion of Pioneer Park and the Daughters of the American Revolution (DAR.) facility; that the concept was considered prior to the seating of the two new Commissioners, Commissioners Mason and Quillin; therefore, the necessity of revisiting the subject is understandable; that neighborhood meetings have been held concerning the amendment which would be required to the City's Comprehensive Plan under the proposal as endorsed; and referred to a July 15, 1999, letter to the City Commission from Mr. Roskamp indicating the proposal has been modified. Attorney Bailey distributed a modified proposed parking plan; and stated that parking at Pioneer Park is not totally eliminated; however, the proposal includes Pioneer Park as additional parking, not required parking. Mr. Roskamp stated that the proposed Center is probably the most important single ingredient envisioned on North Tamiami Trail; that members from the Sarasota County Arts Council, the Community Foundation, the Greater Sarasota Chamber of Commerce, and Roskamp Charities formed a partnership to bring the development to the City; that the Center will bring visibility, permanency, and efficiency to make the City a better place; that the Center will be a classic building reflecting the City's past, present, and future, will be a very visible, user-friendly building for residents to collect information, purchase venue tickets, etc., and will be a beacon for visitors to become acquainted with the City; that the Center will add value to the neighborhood and spawn new businesses and jobs; that the revised proposal will enhance the use of Pioneer Park for all citizens, making it a safer place to enjoy; that the revised proposal will support the parking requirements of the DAR House and provide overflow parking for the proposed Center; that required parking for the proposed Center will be provided on site and on the Sarasota Bay Club site; that at the time of development of Sarasota Bay Club, two other sites were purchased on North Tamiami Trail; that public/private partnerships can make significant accomplishments; that the partners of the Sarasota Bay Club have invested $650,000 in the property for donation to the Center; that a wonderful renaissance has begun and will spread along North Tamiami Trail and adjoining neighborhoods. BOOK 46 Page 18506 07/19/99 6:00 P.M. BOOK 46 Page 18507 07/19/99 6:00 P.M. Attorney Bailey displayed on the overhead projector the proposed parking plan; and stated that parking will be on a first-come, first-served basis; therefore, an amendment to the City's Comprehensive Plan should not be required; that the upgraded parking and other amenities which will be contributed to the park will be beneficial for everyone; that the City's Comprehensive Plan has a requirement for 128 acres of open space, i.e., one acre per 500 people in the City, by the year 2010; that the City now has 358 acres; that the City may wish to revise the City's Comprehensive Plan; that formerly developed land can be converted into park land. Rick Liberi, 1810 Morrill Street (34236), President, Laurel Park Neighborhood Association (LPNA), came before the Commission and read and presented a letter dated July 17, 1999, to the Commission from the LPNA opposing development of the SFC in Luke Wood Park requesting the City not approve an amendment to the City's Comprehensive Plan allowing SFC's expansion into Luke Wood Park and calling for a moratorium on requests to use City park land until objective judgment criteria are established; that the SFC is impressive; that staff is dedicated to serving the clientele; that everyone wishes to help; however, public parks are not an appropriate method to help non-profit organizations; that open space is part of the City's identity; that losing open space is a loss to everyone; that finding alternative methods to assist the SFC is urged; that the approximate land value may be $4 million for the property currently being used and $1 million for the property requested. Vice Mayor Pillot stated that government funds are not being contributed for operating expenses. Evelyn Holland, 3916 Glen Oaks Manor Drive (34232), Treasurer. Daughters of the American Revolution (DAR), came before the Commission and stated that Mr. Whitaker gave the land Pioneer Park occupies to the DAR to care for the cemetery next door; that in 1985 the City granted DAR use of additional parking to accommodate the growing membership; that green area is not being taken for the parking; that parking lot renovations are necessary; that Mr. Roskamp offered assistance; that the DAR and Pioneer Park will both be winners in having upgraded parking facilities. Jencie Davis, 1420 5th Street (34236) 65-year City resident, came before the Commission and stated that recently created parks have become very useable; that park land should not be given up; that the needy require assistance and a place to enjoy themselves; however, alternative methods can be explored; that while partial to Pioneer Park, land should not be taken away from Luke Wood Park. Kafi Benz, Box 2900 (34230), Director, Indian Beach/Sapphire Shores Association (IB/SSA) Member, Coalition of City Neighborhood Associations (CCNA), came before the Commission and stated that the request concerning Pioneer Park should be separated from the request concerning Luke Wood Park; that Mr. Roskamp's proposed parking changes near Pioneer Park assure protection of the park area; that the Center will contribute to the development of North Tamiami Trail; that the SFC is an organization with activities and contributions to the community applauded by everyone; however, the requested area at Luke Wood Park should remain park land; that commuters are aware of the beautiful surroundings of the area; that other alternatives are available and should be examined; that a capital campaign to obtain the automobile dealership property for an alternate SFC location may be necessary; that another alternative may be to use the nearby high school property, which has parking facilities, as the SFC medical facility. William Seider, 200 South Orange Avenue (34236) Vice Chairman of the Board of Directors of the Senior Friendship Center (SFC) and Robert Carter, 3237 Golden Eagle Lane (34231), Chief Executive Officer (CEO) of the SFC, came before the Commission. Mr. Seider stated that a presentation was made for conceptual approval of expansion plans for the SFC at Luke Wood Park at the January 19, 1999, Regular Commission meeting; that the proposal was unanimously approved; that the SFC is sensitive to the concern about green space along US 301; that the site has been reconfigured to reduce the required parking area; that a 100-foot buffer will be created along US 301; that people use multiple services of the SFC; therefore, existing space should be utilized; that many people are in wheelchairs, have walkers, or have other difficulties getting around; that the existing area next to the SFC is very user-friendly; that the requested space will be used for a health service building, expansion of recreation and education services for literacy programs, computer training, etc.; that over 650 volunteers assist to provide services to seniors; that health and dental services are in need of expansion; that all services can be in close proximi ty enabling utilization of nutrition, counseling, recreation, and health service programs. General Roland Heiser, 4104 Las Palmas Way (34238), President. New College Foundation, and Chairman, Gateway 2000, came before the Commission and stated that the Gateway 2000 Executive Committee endorses the concept for the Center on North Tamiami Trail; that members are enthused about a facility housing the community foundations of Sarasota County, i.e., the Sarasota County Arts Council, Roskamp Charities, and the Greater Sarasota Chamber of Commerce; that members support the Cênter, which will complement all the other development on North Tamiami Trail since 1987; that Gateway 2000 strongly recommends approval of the proposed Center. BOOK 46 Page 18508 07/19/99 6:00 P.M. BOOK 46 Page 18509 07/19/99 6:00 P.M. Debbie Roginski, 4710 Habena Drive (34235), Chairperson of the Democratic Executive Committee of Sarasota County, came before the Commission and distributed and read her July 19, 1999, letter to the Commission requesting the Commission reconsider earlier votes endorsing the use of City parks for development and cited the following resolution: The Democratic Executive Committee of Sarasota County seeks to preserve and maintain our public parks for use by our citizens, visitors and future generations of Sarasota families. A1l city parks must be set aside for use by the public for parks and recreation. We specifically oppose any Comprehensive Plan change pertaining to Luke Wood and Pioneer Parks. This resolution was passed unanimously on July 14, 1999 at our monthly membership meeting. We appreciate your kind consideration. Ms. Roginski continued that the resolution was written prior to the revision in the plans for the proposed Center; that the work by charitable organizations is appreciated; however, the importance of long-range planning by the City and organizations seeking changes in the City's Comprehensive Plan must be stressed; that SFC's expansion of services to the community are applauded; that the City would run out of park land if all charities requested a piece of a park; that decisions regarding park land should be delayed until procedures to change the City's Comprehensive Plan can be established. Dr. Albert Eisenstein, 3535 Mistletoe Lane, Longboat Key (34228) 10-year volunteer at the SFC, came before the Commission and stated that the SFC was located on the north side of State Street 10 years ago; that the facility was small and only able to help a few patients at a time; that the facility moved into an expanded building in Luke Wood Park in 1989 allowing many new services; that currently, 40 volunteer physicians work in the facility; that the facility is capable of treating more than 500 patients monthly; that SFC has a serious need for space; that two years ago, a dental clinic was added which took space away from the medical clinic; that services, i.e., ear, nose and throat and ophthalmology, are currently available; however, space available to provide the services is limited; that some offices are shared; that the facility is growing and will continue to grow due to the lower eligible age of 55 years; that in the past, the age limit was 60 years; that the expansion will add significantly to the ability to serve the community. Dr. Albert Rosi, 4412 Oak View Drive (34232) 8-year volunteer physician at the SFC, came before the Commission and stated that the City has a medical crisis affecting the elderly, sick, poor over age 55, uninsured, and Medicare patients requiring medical attention; that the medical profession is no longer willing to provide free care; that the Sarasota County Health Department refers patients over age 55 to the SFC; that people are in desperate need of care; that some patients requiring extensive care must go outside the City to receive medical attention; that the SFC health services are unique; that logistically, an expanded medical clinic should be on the premises sO patients can enjoy the recreation facilities; that an exception should be made for the SFC due to the unique role played in providing care to seniors; that working at the SFC is a privilege. Jim Merritt, 5013 Bay Shore Road (34234), came before the Commission and stated that children and adolescents get into trouble if the opportunities for positive recreation and enjoyment are diminished; that the Pioneer Park and Luke Wood Park proposals take land from existing City parks and turn them over to private interests; that losing City parks is a recipe for disaster; that all park land must be preserved and dedicated to the use and enjoyment by residents and future Sarasotans; that the Commission's decision will be part of its legacy; that City parks should be expanded and protected; that the City will continue to grow; therefore, the City must plan and take action to assure certain public parks and green space are part of the future; that taking care of the needs of seniors is a top priority; that as an alternative, the City should encourage the formation of a coalition to explore the possible location of a human opportunity center along the Central Avenue corridor; that the center should be a nurturing force in the neighborhood and serve all age groups with evening hours; that the SFC services could be relocated to such a site with current and future needs accommodated through the design and planning of the facility; that a daycare center could be built; that other age-appropriate facilities could be used to benefit adolescents; that opportunities for all segments of the community are required; that a moratorium should be placed on giving up City park land; that alternative means of problem solving should be considered. John Barrett, 761 John Ringling Boulevard (34236), was no longer present in the Chambers. Sam Schackow, 2355 McClellan Parkway (34239), Coalition of City Neighborhood Associations (CCNA), came before the Commission and stated that the requests concerning Pioneer Park and Luke Wood Park were discussed at the last CCNA meeting; that representatives of the Roskamp organization and SFC were present to provide input; that both organizations provide a wonderful service to the community; however, the park issue is the overriding issue; that parks represent an important factor for the neighborhoods and the City; that CCNA members voted to oppose any change to the City's Comprehensive Plan to allow use of space by private organizations; that the CCNA requests the Commission not consider changes in land use at any park until a long-term BOOK 46 Page 18510 07/19/99 6:00 P.M. BOOK 46 Page 18511 07/19/99 6:00 P.M. strategy is established; that CCNA members expressed interest in being part of the process if assistance is required. Richard Martin, 2347 Arlington Street (34239), came before the Commission and stated that support and admiration is given to the SFC for its growth and service to the community; that the City should continue to support the SFC's efforts to expand facilities and services; however, support should not be at the expense of the City's precious, dwindling open park space; that another alternative solution should be investigated if the Glauser property is not feasible; that more space cannot be lost at Luke Wood Park, which is too valuable as an ecological, visual, and recreational oasis in the City; that the green space is very soothing upon approaching the City from the south; that the preservation of green space in Central Park in New York City is valued by many people; that he served as a member of the Parks, Recreation and Environmental Protection Advisory Board for six years; that requests for parcels of public land for good projects are incessant; that Sarasota Mobile Home Park (SMHP) affordable housing at the Payne Park property is being displaced; that Ken Thompson Park has dwindled to less than half the original size; that a City parks and open space master plan must be developed; that a previous request to use land from Pioneer Park was denied due to the value of the park; that the land is now part of the Hog Creek Restoration Project; that criteria should be established prior to further consideration of compromise of public land. Jim Rankin, 3857 Malec Circle (34233) 4-year SFC volunteer and former patient, came before the Commission and stated that as a long-time resident of the City, many changes in accessibility and appearance have been observed at Luke Wood Park; that SFC treated 75, 000 people last year; that the SFC is located on property at Luke Wood Park which was formerly underutilized; that the property is now being maintained; that medical offices are overcrowded in the present location; that people requiring dental work are being turned away; that assistance from the City is required to continue to assist the needy. Mary Glynn, R.N.. 1741 Siesta Drive (34239), came before the Commission and stated that the Commission's recognition of the SFC's work is appreciated; that Luke Wood Park has been beautifully maintained; that physicians at the SFC are not all specialists; that the SFC strives to treat people before they become sick; that everyone should be proud of the facility. Peggy Coley, 619 Avenida del Norte (34242), came before the Commission and stated that yielding a portion of the City's public park acreage is a concern; that the necessity and justification must be questioned; that a July 6, 1999, Sarasota Herald-Tribune editorial speaks of the limited potential of Luke Wood Park and suggests the City create a true park which welcomes public use; that many people enjoy the open green space of Luke Wood Park daily; and quoted the July 6, 1999, Sarasota Herald- Tribune editorial which indicates Bayfront and Luke Wood Parks greet commuters on US 41 with "an oasis for the eye"; that the beauty draws tourists, retirees and businesses to relocate in the area; that the SFC is a blessing and plays an important role but not in the park. Cliff Carlstedt, 770 South Palm Avenue (34236), came before the Commission and distributed and referred to his letter dated July 19, 1999, to the Commission urging approval of the SFC's request to build a smaller building to the east of the present building; and stated that a large buffer will be created between US 301 and the SFC; that about half of the senior centers throughout the country are funded by local governments, while the other half are staffed by charitable organizations; that the SFC is for public use offering extensive recreational and health services, respite care for Alzheimer patients, and social services; that the SFC offices are overcrowded; that room is required for health services; that environment preservation issues are important; however, human services must take precedence. Pia Carlstedt, 770 South Palm Avenue (34236), came before the Commission and stated that upon relocating from a country operated according to the principle of survival of the fittest, people's concern in this country for the senior, elderly, disabled, and minority population is magnificent; that SFC is truly the pride of Sarasota, an acronym of democracy. Dr. Arland Christ-Janer., 4372 Camino Madera (34238) President, Ringling School of Art and Design, came before the Commission and stated that Mr. Roskamp listened to the concerns and responded concerning the proposal to use Pioneer Park for parking at the Center; that the Commission was involved in a public/private partnership; that the problems of cities are great; that enough funds are never available; that working with individuals and developers should be an example of creating public/private partnerships to accomplish desired outcomes; that the Commission is urged to support the concept and plan of the Center. Debra Flynt-Garrett. 2424 Yorkshire Drive (34231) Sarasota Alliance for Historic Preservation, came before the Commission and referred to the July 19, 1999, letter to the Commission from Chris Gallagher, President of the Sarasota Alliance for Historic Preservation, indicating the City's historic parks are especially important due to the central urban locations and mat ture trees and landscaping and requesting the Commission adhere to the intent and letter of the Vision Plan to preserve the shady, green park placed in public trust sixty years ago by Mr. Luke Wood; and stated that the SFC provides a wonderful service for the City; that the primary concern is to maintain City parks. BOOK 46 Page 18512 07/19/99 6:00 P.M. BOOK 46 Page 18513 07/19/99 6:00 P.M. Jeffrey Harris, 1764 Oak Street (34236), Member and Former President of Laurel Park Neighborhood Association (LPNA), came before the Commission and stated that the SFC provides a great service for the community; that the SFC will have a further need for expansion as the population ages; that public green space and City parks are in danger of extinction and cannot be given to any organization no matter how good the organization; that the City should consider offering the SFC government financial assistance as the SFC offers the citizens an invaluable service; that the City should not give away valuable, irreplaceable real estate; that green space and City parks are an asset which must be protected for current and future residents of the City; that City parks are enjoyed by people of all ages and must be protected. Gerry Swormstedt, 1075 22nd Street, (34234), came before the Commission and stated that a considerable amount of time has been spent to convince voters to raise taxes to buy environmentally sensitive lands in Sarasota County to protect green space for future generations; that 62 percent of voters voted to pay for more green space; that surveys have found that the majority of citizens consider green space an important quality of life; that paving over green space to create another parking lot cannot be allowed; that green space absorbs car exhaust of passing motorists and feeds the souls of people; that the SFC is an important organization; however, one problem cannot be solved by creating another problem by destroying green space; that many public organizations exist to provide assistance to senior citizens such as public hospitals and public health services; that the Sierra Club has written a letter expressing that Luke Park may not receive direct use by the public but the park does provide a wonderful oasis to travelers along US 41 and US 301 and also provides a benefit to the surrounding air quality; that trees help clean the air; that every tree can remove 25 pounds of carbon dioxide from the air each year; that the Commission is requested not to give away any green space or public park. Robert Fletcher, 651 Ohio Place, (34236), real estate appraiser, came before the Commission and stated that a 1.3 acre parcel as requested by the SFC is valued at $900,000 or $15 a foot; that the City's population is increasing and will continue to increase; that the need for the SFC services will continue to increase; that the SFC has indicated the options are expansion to the east of the current site or to the west of the current site which is the Glauser property; that the option of giving land away should be voted down; that the Commission should consider starting a capital fund for the SFC to obtain the Glauser property; that public parks should not be given away to any organization merely due to political connections; that the SFC is an important asset to the City and should be allowed to expand. John Thaxton, P.O. Box 805, Osprey (34229), came before the Commission and stated that the services the SFC provides to the community and the citizens are invaluable; that park lands and green space provide the citizens and the City with many benefits; that the City's Comprehensive Plan has been carefully reviewed; the amenities the City provides would be greatly reduced by the removal of Luke Wood Park; that the ability to find property for a health care facility is much easier than finding a well treed site, green space and public park; that public parks are crucial to both the economic and social being of the community and should not be destroyed for any reason; that another solution must be found for the SFC to expand and continue to serve the community. Sheila Garbade 408 Pine Ranch Trail, Osprey (34229), Member of the Councilof Neighborhood Associations (CONA), was no longer present in the Chambers. Brian McInnis, 1742 Laurel Street, (34236), came before the Commission and read into the record a letter dated July 16, 1999, from the Council of Neighborhood Associations, Inc., (CONA) to the Commission indicating CONA wishes to join the CCNA in the opposition to changes to the City's Comprehensive Plan regarding Luke Wood and Pioneer Parks; and stated that CONA greatly appreciates the many valuable services the SFC provides; that giving park land and green space away would have a negative impact on the entire community including senior citizens; that the need for open and green space in the City is especially great as development increases; that Luke Wood Park should remain a park as intended by the donor, Mr. Wood; that the Glauser property to the west of the SFC is an ideal location for expansion; that CONA further supports the CCNA's request for a moratorium on any encroachment into City parks until criteria are developed and in place for evaluating and responding to such requests; that Commissioners are respectfully urged to ensure that the community's open space, parks and recreation areas are preserved, enhanced and increased to meet the growing population's needs. Mr. McInnis continued that the citizens of Sarasota County should be embarrassed a generation of Americans who built this country has difficulty procuring health care and related services; that Sarasota County should have been sending funding rather than patients to the SFC; that all citizens should accept the responsibility for the lack of funding which the SFC faces; that the use of City Parks and open space cannot be granted to any group; that allowing the SFC to expand in Luke Wood Park may open the opportunity for other non-profit organizations to acquire City parks and open space; that the SFC provides a wonderful and much needed service; that a fund-raising drive should be started to help the SFC acquire the Glausen property. Danny Bilyeu, 48 Dade Avenue, (34232), came before the Commission and stated that parking is required at Pioneer Park; that Mr. Roskamp, Dr. Christ-Janer and everyone working on the North Tamami BOOK 46 Page 18514 07/19/99 6:00 P.M. BOOK 46 Page 18515 07/19/99 6:00 P.M. Trail should be applauded for their hard work; that no open space or park land should be given away; that the SFC is a fine organization but another solution must be found. Mayor Cardamone stated that the comments of the public speakers have been the most sincere, serious, and heart-felt heard during her six-year tenure on the Commission and are appreciated. Commissioner Mason stated that a master plan for parks is necessary; that Mr. Roskamp is commended for efforts to improve the North Tamiami Trail through the Sarasota Bay Club project and the proposed Center; that a deep respect is felt for Mr. Roskamp's listening, hearing and acting on the comments of neighbors; that the SFC was toured recently; that the Sarasota County Health Department is referring individuals age 55 or older to the SFC which was not known previously; that the SFC provides a valuable service; however, a line must be drawn in the use of park land; that a method of drawing the line and keeping the SFC in the community is not known; that park land should be preserved for open space and recreation; that one option is to approve the current proposal but allow no further development. Commissioner Hogle stated that the efforts concerning the proposed Center on North Tamiami Trail are appreciated; that his views are presented as a 39-year City resident with two years' on the Sarasota County Parks and Recreation Advisory Board; that Luke. Wood Park was ruined as. a park at the time US 41 was extended through the center of the property; that Luke Wood Park is beautiful; that the portion of the landscaping maintained by the SFC is better than the portion maintained by the City; that developing either side of Luke Wood Park as a park does not make sense from a public safety perspective; that the green space is appreciated; that a wonderful park was created for the Laurel Park neighborhood on Laurel Street between Orange and Osprey Avenues; that approximately $300,000 was spent on the park, which is a true neighborhood park; that the appearance and functionality are excellent; that Bayfront Park is nearby; that considerable improvements are planned, including seawall improvements, new benches, landscaping, and grass at Bayfront Park; that A. B. Smith Park is located across US 301; that the plan is to improve the condition of A. B. Smith Park; that the City will spend several million dollars on Payne Park during the next several years; that developing a master plan for parks, which should be reviewed by the City's Parks, Recreation, and Environmental Protection Advisory Board, is supported; that other parks have been created, including Whitaker-Gateway Park, a park at Dr. Martin Luther King, Jr. (MLK) Way and Cocoanut Avenue, a park at MLK Way and Washington Court, a park by Golden Sands Drive and Midwest Parkway; that additionally, a park is under consideration at McClellan Park and Osprey Avenue if the property is acquired; that a comment the Commission has not been doing an excellent job for the recreational community is resisted; that the SFC was visited; that the facility is impressive; that shortly, he will be able to participate in the SFC activities; that the good work of prior Commissions in support of the SFC will be personally continued; that a motion to reaffirm conceptual approval of SFC's project will be supported. Mayor Cardamone stated that the suggested solution to begin a capital fund may be ideal for a public/private partnership; that the Commission's conceptual support of the SFC's expansion plans at the January 19, 1999, Regular Commission meeting was not automatic approval without any public input; that the entire approval process would require an amendment to the City's Comprehensive Plan and public hearings, at which time the Commission would listen to comments from the public; that no one should accept the contention SFC's expansion plans were approved with no public comment, which was not the fact and not part of her support; that the Commission inquired concerning the possibility of obtaining the Glauser property, which is an eyesore in the community, at the January 19, 1999, Regular Commission meeting; that the SFC indicated the concern was the high asking price; that the SFC was requested to reduce the size of the proposed expansion or expand elsewhere; that the SFC agreed to consider such possibilities during the process; that Mr. Carlstedt indicated government has an obligation to senior citizens in need who are served by the SFC in large numbers; that the City should explore the possibility of purchasing the Glauser property with City and County funds as the SFC serves City and County residents; that private partners should be sought; that the asking price for the property is approximately $1.2 million; that the owner may consider less; that other members of the community may lend support; that both the City and the County have Community Development Block Grant (CDBG) funds; that a motion to explore public/private partnerships to help the SFC expand and to assist the neighborhood negatively affected by the Glauser property would be supported; that patience is requested; that the SFC has not yet begun the capital campaign to finance the expansion; that the opportunity for involvement in a fund- raising effort, which has not previously been undertaken, is presented; that the City has provided funds and land but has not been the fundraiser previously; that significant funds have been provided to many organizations. Vice Mayor Pillot stated that being the initial promoter of the acquisition of Whitaker-Gateway, Park is a source of pride; that obtaining the necessary Commission votes to purchase the property required considerable effort; that the purchase price of $1.8 million for eight acres on the bayfront could not be duplicated; that the second source of pride is Pineapple Park with the fountain, which is personally loved and which was personally brought to the Commission for consideration; that the property was previously a dilapidated automotive air-conditioning facility, which was dirty and a haven for the homeless; that SFC BOOK 46 Page 18516 07/19/99 6:00 P.M. BOOK 46 Page 18517 07/19/99 6:00 P.M. has moved the planned expansion at Luke Wood Park back 100 feet from US 301; that the property has not and will not be recreational; that installing swings and a playground which could result in children chasing a ball on US 301 cannot be imagined; that moving the facility back 100 feet with landscaping and retaining the beautiful trees is a good use of the property; and cited the July 19, 1999, letter from Mr. and Mrs. Carlstedt as follows: If ever there was a park that is used by people it is this park. It has live band pertormances and dancing every afternoon of the week. There are craft rooms, photography rooms, card rooms, pool table rooms, and a social director. The place is always filled with 100 or more people. It is a model for the country in its many services. Vice Mayor Pillot stated that the property has more use than any City park except Bayfront Park; that the suggestion was made for the SFC to expand elsewhere; however, multiple SFC services are used by individuals who are not ambulatory; that obtaining funds for transportation for SFC clients is increasingly difficult; that expansion should be on site; that the only question should be expansion east or west; that the Commissioners' expressed interest in raising money is supported; however, optimism is not forthcoming; that during his tenure on the Commission, raising property taxes has been supported; however, the effort has not been successful; that his position is not as the fiscal conservative on the Commission; that the proposed budget for fiscal year (FY) 1999/2000 was introduced at the July 19, 1999, Commission budget workshop; that several Commissioners indicated an interest a lower millage than proposed to meet earlier commi tments; that the importance of the budgeted reserves was emphasized; that optimism for obtaining significant funds from the City for the purchase of the Glauser property is not forthcoming; that politically oriented and elected officials are probably not the best fundraisers; that the SFC has not been successful in raising the funds despite the extensive love of and appreciation for the organization; that the SFC would have purchased the property long ago if raising the funds were possible; that the idea is good, constructive, but improbable; that incorporating funds in the FY 1999/2000 budget for half the purchase cost would be immediately supported; that the community could be urged to find the other half of the purchase price; however, two other supporting votes would probably not be forthcoming. Mayor Cardamone stated that the use of CDBG funds rather than General Funds is being suggested; that CDBG funds have been allocated for FY 1999/2000; however, a commitment could be made for FY 2000/01. Vice Mayor Pillot stated that competition for CDBG funds is considerable. Mayor Cardamone stated that personal support would be offered. Vice Mayor Pillot stated that the SFC's request could be approved with assurances of no further requests for expansion into the park land; that SFC attorneys advised the SFC would sO stipulate; and asked if a binding document could be developed to incorporate such stipulation? City Attorney Taylor stated yes. Commissioner Quillin stated that the SFC may not have pursued the purchase of the Glauser property due to donor concernsi and cited from the minutes of the September 15, 1986, Regular Commission meeting as follows: Brother Geenen (CSC of the SFCs) responded that a very small alternative (to the requested additional parcel of land at Luke Wood Park for expansion) is available, which is to purchase property which will not properly facilitate the center's needs and that the donor's (sic) do not want to contribute money to purchase land. Commissioner Quillin continued that the SFC's fundraising is not for the purchase of land but rather to fund services, building, etc.; that benefits are derived from donating to non-profit organizations; that committing City funds next year to purchase the Glauser property is supported; that an expanded SFC could be a gem of the City; that expansion of the SFC to the Glauser property is a win-win situation; that the community and particularly the public speakers can make the SFC project happen; that the County, which will be personally approached, should also become a partner in the SFC project; that everyone must work together; that Luke Wood Park is supposed to have a walking course; that Luke Wood Park has wonderful green space for recreation such as walking, reading, contemplating; that appreciation is extended to Mr. Roskamp for listening; that Mr. Roskamp is a neighbor of Pioneer Park which will be beautiful once the Hog Creek Restoration Project is completed; that referring the SFC project to the Administration would be supported. Mayor Cardamone stated that another idea is the Glauser property could be the park land and the SFC could build on the east portion of Luke Wood Park near US 301; and asked the Administration's recommendation. City Manager Sollenberger stated that property at Hog Creek was purchased through the Florida Community Trust; however, the funds cannot be used for property which will be developed; that SFC expansion to the east could be approved; that funds could be obtained to purchase the Glauser property which could be used as BOOK 46 Page 18518 07/19/99 6:00 P.M. BOOK 46 Page 18519 07/19/99 6:00 P.M. park land; that the possibility of obtaining funds could be explored. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to reaffirm the decision made at the January 19, 1999, Regular Commission meeting to permit the expansion of the SFC if an agreement to procure the property to the west is not effected within six months and with a requirement a legally binding document providing no additional land in Luke Wood Park will be given to the SFC will be developed. Commissioner Mason asked for clarification of the motion. Vice Mayor Pillot stated that the intent is best efforts will be undertaken to obtain the Glauser property during the next six months; however, the SFC can plan to expand to the east if an agreement to procure the property is not achieved within a six- month period beginning July 19, 1999; that finally, a legally binding agreement subject the City Attorney's approval will be entered into indicating the SFC will not expand further into Luke Wood Park in the future. Mayor Cardamone asked the timelines for CDBG funds. City Manager Sollenberger stated that approval of the allocation of CDBG funds for FY 1999/2000 is in process; that the City has approximately $500,000 annually in CDBG funds from the Federal Department of Housing and Urban Development (HUD) for discretionary allocation; that public input will be received; that additional CDBG funds will not be available until FY 2000/01; that other funding sources may be available but will take time to develop. Commissioner Quillin stated that six months to obtain the necessary funds is a short period of time and is a concern; that the Administration should report back to the Commission in six months as to funding availability. Vice Mayor Pillot, as the maker of the motion, with the approval of Commissioner Hogle, as the seconder, amended the motion as: 1) to reaffirm the decision made at the January 19, 1999, Regular Commission meeting to permit expansion of the SFC east in Luke Wood Park failing the ability to purchase alternate property, 2) for the Administration to report back concerning the availability of funds to purchase the Glauser property within six months, and 3) to incorporate a requirement in a legally binding document indicating no additional land in Luke Wood Park will be given to the SFC. Mayor Cardamone stated that the motion will be opposed as the Administration will be unable to obtain funds through the State and the amount of CDBG funds will not be known within six months; that a motion which allows one year would be supported. Vice Mayor Pillot stated that a one-year period is acceptable if the SFC's expansion plans are not delayed. Commissioner Quillin stated that the Administration could report back in six months and ask for more time if necessary. Mayor Cardamone stated that the motion does not allow more time. Vice Mayor Pillot stated that flexibility can be accepted based on the Administration's recommendation; and asked if the SFC could proceed with design work during the one-year period. Mr. Seider stated that the concern is raising funds if a rendering of the proposed facility cannot be presented. Mayor Cardamone stated that the concern is not shared; that the SFC will be able to expand either to the east in Luke Wood Park or west to the Glauser property. Vice Mayor Pillot stated that potential donors can be told the facility will be constructed either east or west of the existing facility; and asked if design work which could be adapted to property on the east or west can proceed. Mr. Seider stated yes. City Attorney Taylor stated that an amendment to the City's Comprehensive Plan is required to proceed with any expansion. Vice Mayor Pillot stated that the requirement is understood. Vice Mayor Pillot, as the maker of the motion, with the approval of Commissioner Hogle, as the seconder, amended the motion to incorporate a provision that the Administration could request additional time if necessary. Mayor Cardamone called for a vote on the motion as revised: 1) to reaffirm the decision made at the January 19, 1999, Regular Commission meeting to permit expansion of the SFC east in Luke Wood Park failing the ability to purchase alternate property, 2) for the Administration to report back concerning the availability of funds to purchase the Glauser property within six months or to request additional time if necessary, and 3) to incorporate a requirement in a legally binding document that no additional land in Luke Wood Park will be given to the SFC. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone asked if action is required on the Roskamp proposal? BOOK 46 Page 18520 07/19/99 6:00 P.M. BOOK 46 Page 18521 07/19/99 6:00 P.M. City Attorney Taylor stated that the record should be made clear. Attorney Bailey stated that parking at Pioneer Park will not be preempted at any time; therefore, an amendment to the City's Comprehensive Plan should not be required; that a motion is requested to affirm the proposal and determine no amendment to the City's Comprehensive Plan is required to proceed with the project. Commissioner Quillin stated that a motion may not be required as the configuration of Pioneer Park is not being changed; that the developer has indicated an intention to asphalt the parking lot at Pioneer Park, which is not supported. Attorney Bailey stated that the parking lot will be improved in accordance with the wishes of the Commission. Vice Mayor Pillot asked if a clear indication of the Commission's acceptance of the developer's proffer is desired? Attorney Bailey stated yes; that August 25, 1999, is the deadline to process a request for an amendment to the City's Comprehensive Plan, which would be necessary if required parking is sited on Pioneer Park as the City owns the land; that an amendment to the City's Comprehensive Plan should not be required based on the revised proposal submitted. City Manager Sollenberger stated that the request is similar to the parking lot at A.B. Smith Park, which is being improved by the First Presbyterian Church on Oak Street through an agreement between the City and the Church; that the agreement provides the Church will improve the parking lot from sand and shell to a paved parking surface meeting City standards; that the parking is available on a first-come, first-served basis to the public; that the model should be applied to the parking lot at Pioneer Park. City Attorney Taylor concurred. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to endorse the development of the proposed Center for Arts, Philanthropy and Commerce as revised and to direct the Administration to develop a parking agreement concerning the parking lot at Pioneer Park. Commissioner Quillin stated that handicapped parking is required at Pioneer Park; that blacktopping the parking lot is not desired; that other parking surfaces which are environmentally sensitive are available; that the retention pond may not be necessary due to the proximity of Hog Creek; that the retention pond is next to the playground equipment; that the water could be diverted to Hog Creek; however, a resolution will be left to the engineers. Mayor Cardamone restated and called for a vote on the motion. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to extend the meeting beyond 11:30 p.m. to complete the Agenda with the exception of Agenda Item No. VII-1, which could be accomplished at the conclusion of the July 20 through 22, 1999, budget workshops. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 13. UNFINISHED BUSINESS: REPORT RE: SECOND DISTRICT COURT OF APPEAL . S DECISION IN THE WINDOM V. CITY APPEAL RELATIVE TO THE INSTALLATION OF SPEED HUMPS AND SPEED TABLES ON CITY STREETS (AGENDA ITEM VI-3) #4 (1285) through (1381) City Attorney Taylor stated that the ruling from the Second Court of Appeals decision in the Windom V. City appeal was on the question of standing to challenge the City's use of traffic calming devices; that the plaintiffs were found not to have appropriate legal standing to bring a challenge; that the court determined the State Legislature had dealt with the issue by giving the Florida Department of Transportation (FDOT) authority to challenge devices not conforming with the uniform traffic control device manual; therefore, the court's decision does not endorse the use of speed tables as the City hoped; however, the decision appears to clearly indicate anyone except the State will have difficulty challenging the City's use of speed tables in the future; that nothing in the lawsuit is an impediment to the City's continue to install speed tables if the Commission desires. Mayor Cardamone asked if the City will attempt to recover the legal costs of the lawsuit? City Attorney Taylor stated yes; that the ability to recover is limited; that a report will be provided to the Commission regarding the success of the recovery effort. Mayor Cardamone asked the appeal deadline? City Attorney Taylor stated that the deadline is July 23, 1999; that no indication exists an appeal will be made. Charles K. Senf, 2346 Pelican Drive North (34237), deferred from speaking. BOOK 46 Page 18522 07/19/99 6:00 P.M. BOOK 46 Page 18523 07/19/99 6:00 P.M. 14. UNFINISHED BUSINESS: APPROVAL RE: NEWTOWN STOREFRONT PROGRAM - APPROVED (AGENDA ITEM VI-4) #3 (1381) through (1490) Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that at the July 6, 1999, Regular meeting, the Commission delayed consideration of the Newtown Storefront Program; that Staff was directed to invite the Greater Newtown Redevelopment Corporation (GNCRC) to attend the Commission meeting at which time the program would be discussed; that Staff recommends the Newtown Storefront Program be provided as a 10-year forgivable loan and the GNCRC be allowed to implement the program immediately. Mayor Cardamone asked if the loans will be repaid? City Manager Sollenberger stated that the funding is in the form of a forgivable loan; however, the owner must repay the balance of the loan if the property is sold prior to the 10-year period; that the entire loan is forgiven at the rate of one-tenth per year if the property owner owns the building for ten years. Mayor Cardamone asked if the procedure is the same as for other storefront programs? City Manager Sollenberger stated that the City has had several storefront programs. Mr. Hadsell stated that the Central Avenue Storefront Program was repaid at a zero percent interest rate over 10 years; however, the Central Avenue Storefront Program was for $50,000 per building; that the Newtown Storefront Program is for $10,000 per building. Mayor Cardamone asked the funding for the Main Street Storefront Program? City Manager Sollenberger stated that the Main Street Storefront Program was probably a grant program. Mayor Cardamone asked if all three of the City's programs have been different? City Manager Sollenberger stated yes. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to approve the Newtown Storefront Program. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 15. NEW BUSINESS: APPROVAL RE: REQUEST BY THE LAW LIBRARY BOARD OF TRUSTEES TO USE PAYNE PARK CLUBHOUSE AS THE LAW LIBRARY = APPROVED (AGENDA ITEM VII-2) #4 (1498) through (1930) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Law Library Board of Trustees has requested the use of the former Payne Park Clubhouse facility for the Law Library; that a 10-year lease for use of the facility as the Law Library has been prepared; that the County Attorney reviewed the lease and made some format changes which are not substantive and are acceptable to the City Attorney's Office. City Attorney Taylor concurred. Mayor Cardamone asked for an example of a non-substantive change? City Attorney Taylor stated that one item is the language on indemnity as both parties are self insured; that the County has specifically prepared language; that the City finds the language acceptable. Commissioner Hogle stated that an earlier concern was to assure the Police Department receive free parking for approximately, 150 vehicles in the County parking garage; that the City may wish to include in the lease a stipulation the free parking will continue as long as the Law Library contract is in effect. Mr. Schneider stated that currently an agreement exists with the County for 193 parking spaces at $1 per month; that the agreement extends through the year 2006; that County Staff is aware the City is interested in making the term of the parking agreement coincide with the term of the Law Library lease; however, the County could not commit at the present time as a major expansion of the Health Department offices and the County Jail facility are in the planning stage; that the parking garage is under review to accommodate required additional space for the Health and County Jail. Mayor Cardamone stated that the refusal should be remembered. Commissioner Quillin stated that the original use for the former Payne Park Clubhouse was as a fitness facility for County employees; that the City is taking on the responsibility of housing the Law Library; that the time is right to request something in return for the City's consideration; that the Administration should negotiate an agreement so City employees could use the County's fitness facility; that the time to share and help with responsibilities is overdue. Mr. Schneider stated that use of the County's fitness facility was discussed with County Staff; that sharing the facility was not previously possible due to the County's security system; however, the County indicated the policy would be reviewed as the security system has been updated; that the county seems more willing to reconsider the request; that hopefully, a favorable response will be received in the near future. BOOK 46 Page 18524 07/19/99 6:00 P.M. BOOK 46 Page 18525 07/19/99 6:00 P.M. Mayor Cardamone stated that sharing the fitness facility is a fair suggestion. Richard Smi th, Esquire, 2070 Ringling Boulevard (34237) representing the Sarasota Bar Association, came before the Commission and stated that the Sarasota Bar Association has been working for two years with the Law Library Board of Trustees to insure the Law Library would be relocated from the Main Plaza to a location in close proximity to the new Judicial Center; that the former Payne Park Clubhouse with the adjacent County parking lot is an ideal location for the Law Library; that locating the Law Library in the facility would also allow public use more compatible with the original intent for the property than the current use; that the lease is for five years with an option to extend for five additional years; that the City retains control of the Payne Park facility; that the County has budgeted $375,000 to offset the cost of moving the library to the new location; that County Staff assured the issue of usage of the fitness center could be resolved in a mutually agreeable manner. Mr. Scheinder stated that the Administration recommends approval of the lease for use of the former Payne Park Clubhouse as the Law Library. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to approve the use of Payne Park Clubhouse as the Law Library. Commissioner Hogle stated that use of the former Payne Park Clubhouse as the Law Library is supported; however, a long-term problem exists for the Police Department upon expiration of the parking agreement. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 16. NEW BUSINESS: REQUEST RE: APPEAL THE DECISION OF THE PLANNING BOARD/LOCAL PLANNING AGENCY TO DENY SITE PLAN APPLICATION NO. 99-SP-F, TO ALLOW A 14-STORY, CLASS A, 197,750 SQUARE-FOOT OFFICE BUILDING AND A 6-LEVEL PARKING GARAGE IN THE C-CBD (COMMERCIAL CENTRAL BUSINESS DISTRICT) ZONE DISTRICT LOCATED AT 1415 MAIN STREET = ACCEPTED THE APPEAL FOR PUBLIC HEARING AT THE AUGUST 16, 1999, REGULAR COMMISSION MEETING; SET APPLICATION NO. 99-CU-09 FOR PUBLIC HEARING (AGENDA ITEM VII-3) #4 (1930) through (2080) City Attorney Taylor stated that Applicants have a right of appeal and referred to Section IV-505.A, City Commission Review, Zoning Code (1998), as follows: A. . . If an appeal by an aggrieved person of a decision of the Planning Board relating to a site plan is filed with the City Auditor and Clerk's Office within ten (10) days of the Board's decision, the City Commission shall consider hearing the appeal at their next available meeting. City Attorney Taylor referred to a July 15, 1999, letter received via facsimile from Stanley Tarkow, Vice President and General Counsel, the Wynnton Group, Inc. requesting appeal of the decision of the Planning Board/Local Planning Agency (PBLP) at its July 14, 1999, Special meeting to deny Site Plan Application No. 99-SP-F for a 14-story, Class A, 197,750-square-toote office building and a six-level parking garage located at 1415 Main Street in the Commercial, Central Business District (C-CBD) Zone District; and stated that if accepted by the Commission, the appeal could be heard at the August 16, 1999, Regular Commission meeting at the same time as Major Conditional Use Application No. 99-CU-09 and Street Vacation Application No. 99-SV-04 concerning the same property; that the recommendation is to accept the appeal to assure the best procedural position for the Commission to consider all issues related to the project; that a supermajority vote of four is required to accept the request to hear the appeal; that accepting the request to hear the appeal is not approving the applications associated with the project. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to accept the appeal for consideration at the August 16, 1999, Regular Commission meeting. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. City Auditor and Clerk Robinson stated that Major Conditional Use Application No. 99-CU-09 is for a drive-through banking facility; that the request would normally be received through a PBLP report, at which time the Commission could take action or set Application No. 99-CU-09 for public hearing; that the PBLP report is scheduled for the August 2, 1999, Regular Commission meeting; that the Applicant has requested the Commission consider Application No. 99-CU-09 at the August 16, 1999, Regular Commission meeting; that the 15-day advertising deadline cannot be met if the Commission decides at the August 2, 1999, Regular Commission meeting to set Application No. 99-CU-09 for public hearing. Commissioner Quillin stated that the PBLP's report should be received prior to a decision. BOOK 46 Page 18526 07/19/99 6:00 P.M. BOOK 46 Page 18527 07/19/99 6:00 P.M. Mayor Cardamone asked if the approval of the Commission is required to set Application No. 99-CU-09 for public hearing? City Auditor and Clerk Robinson stated yes. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to set Major Conditional Use Application No. 99-CU-09 for public hearing. Motion carried (4 to 1): Hogle, yes; Mason, yes; Pillot, yes; Quillin, no; Cardamone, yes. 17. BOARD APPOINTMENTS RE: : PARKS ADVISORY AND RECREATION COUNCIL OF SARASOTA COUNTY - NOMINATED MARIA PRICE (AGENDA ITEM VIII-1) #4 (2080) through (2120) Mayor Cardamone stated that the County has created a Parks Advisory and Recreation Council by County Resolution No. 99-079 and is requesting nomination of a City representative for appointment; that Maria Price, a member of the City's Parks, Recreation and Environmental Protection Advisory Board, has indicated an interest in appointment. Commissioner Hogle stated that two years were previously served on the Board; that Ms. Price served for approximately one year during the same time, is a City resident, does an excellent job, and is recommended for appointment. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to nominate Maria Price for appointment to the Sarasota County Parks Advisory and Recreation Council. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 18. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = DIRECTED THE CITY MANAGER TO PROVIDE A REPORT CONCERNING THE EMPLOYMENT AND TERMINATION OF ROBERT ELLIS, FORMER RISK MANAGER (AGENDA ITEM X) #4 (2120) through (2510) COMMISSIONER QUILLIN: A. stated that the July 15, 1999, Special meeting of the General Employees Pension Fund Board of Trustees regarding forfeiture of the pension benefit of Robert Ellis former Risk Manager was attended; that the issues presented were disturbing; therefore, a meeting to obtain advice was held with the City Attorney; that the Sarasota City Charter (1996) provides the Commission the power to initiate an investigation; that the recommendation is to request the City Attorney conduct an investigation concerning the employment and termination of Mr. Ellis. city Attorney Taylor stated that Section IV-17, Investigations, Sarasota City Charter (1996), provides as follows: The City Commission shall have the power at any time to cause an investigation of the affairs of any department, division or employee of the city. City Attorney Taylor stated that the question raised was if the City Attorney's Office is a proper entity to handle any such investigation; that the city Attorney's Office could conduct such an investigation if desired by the Commission; that an understanding of the scope of any requested investigation would be required. Vice Mayor Pillot stated that any such investigation by anyone is opposed until the City Manager has an opportunity to respond to any Commission questions; that preempting the authority and responsibility of the City Manager is opposed unless and until cause is demonstrated. Commissioner Quillin stated that the July 15, 1999, Board of Trustees' meeting was attended from 8:30 a.m. to 5:00 p.m.i that testimony which is no reflection against the city Manager but which indicates possible violations of Federal and State statutes was heard; that calling for an investigation would be prudent; that the City has three Charter Officials: the City Manager, the City Auditor and Clerk and the City Attorney; that the decision to bring the issue to the Commission was difficult; however, an investigation should be conducted; that the Commission has a responsibility. Vice Mayor Pillot stated that the Commission's responsibilities are understood; that the city Manager is charged with responsibility, for personnel actions in all departments with the exception of the City Attorney's Office and the Office of the City Auditor and Clerk; that a full investigation is supported; however, the investigation should be conducted and a report issued through the City Manager's Office; that the City Attorney could become involved if the Commission is not satisfied with the report; that the authority and responsibility of the City Manager should never be preempted until and unless cause is demonstrated, which has not occurred. Commissioner Quillin stated that the responsibility for an investigation should be given to an independent source. Vice Mayor Pillot stated that the city Manager is an independent source as an individual with integrity. Commissioner Quillin agreed; but stated that an independent investigation would take any pressure off the city Manager. BOOK 46 Page 18528 07/19/99 6:00 P.M. BOOK 46 Page 18529 07/19/99 6:00 P.M. Mayor Cardamone stated that such serious action on an issue not on the Agenda is a concern; that any action would require four affirmative votes under the Commission's procedures. City Auditor and Clerk Robinson stated that the item was not added under Changes to the Orders of the Dayi therefore, four affirmative votes would be required. Commissioner Hogle stated that directing an investigation by the city Attorney's Office would be approached with hesitancy; that the responsibility lies with the City Manager who has the choice as to the manner in which to proceed; that for example, an investigation concerning personnel matters was recently conducted by another department; that input from the City Manager at the August 2, 1999, Regular Commission meeting should be received prior to a Commission decision to proçeed in a different direction. Commissioner Mason stated that circumventing the city Manager is not desired; that hearing from the City Manager prior to making a decision concerning an independent investigation is preferred. Mayor Cardamone agreed; and stated that an explanation would be appreciated; that the City Manager's job is to provide the Commission an explanation. City Manager Sollenberger agreed. Mayor Cardamone stated that the consensus of the Commission is to receive a full report from the City Manager. 19. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (2510) through (2541) CITY MANAGER SOLLENBERGER: A. stated that Comcast and an independent consultant have evaluated the televised audio-visual transmission; that the purchase of additional equipment has been recommended; that hopefully, the audio-visual transmission problems will be resolved. 20. ADJOURN (AGENDA ITEM XII) #4 (2541) There being no further business, Mayor Cardamone adjourned the Regular meeting of July 19, 1999, at 11:55 p.m. elipCes 074 MOLLIE C. CARDAMONE, MAYOR ATTEST E 3LLE RRobreoan BILLY E9 ROBINSON, CITY AUDITOR AND CLERK BOOK 46 Page 18530 07/19/99 6:00 P.M. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Hogle Albert F. Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON 2189 Magnolia Street, Sarasota, FL 34239 WHICHI SERVE IS A UNIT OF: B CITY D COUNTY a OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sarasota Sarasota City of Sarasota DATE ON WHICHV VOTE OCCURRED MY POSITION IS: July 19, 1999 a ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or Committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112-3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. Thei form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 10-86 PAGE 1 CEF FORM 8B IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST , Albert F. Hogle hereby disclose that on July 19 1999: (a). A measure came or will come before my agency which (check one) XXX inured to my: special private gain, or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Agenda Item III-B-5, Adoption Re: Second reading of proposed Ordinance No. 99- 4142, amending Chapter 24, Personnel, Article II, Pension, Division 3, Police, of the Code of Ordinances of the City of Sarasota, amending Section 24-83, Cost-of- Living Payments and Adjustments for Retirees; etc. (Title Only) I am a retiree of the City of Sarasota's Police Pension Fund and therefore will benefit financially from the cost-of-living payments. July 20, 1999 MIK Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 8112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CEF FORM 8B. 10-86 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC LASTI NAME-FIRSTI NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Mason Carolyn J. Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON 1895 18th Street, Sarasota, FL 34234 WHICH SERVE IS A UNIT OF: B CITY D COUNTY D OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sarasota Sarasota City of Sarasota DATE ON WHICH VOTE OCCURRED MYI POSITION IS: July 19, 1999 B ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or Committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on' whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112-3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CEF FORM 8B 10-86 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: Yous should disclose orally the nature of your conflict in the measure before participating. You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Carolyn J. Mason hereby disclose that on July 19 1999: (a) A measure came or will come before my agency which (check one) XXX inured to my special private gain, or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Agenda Item III-A-4, Authorize Administration to permit Goodwill Industries Manasota, Inc. to sell City-owned property located at 804 North Orange Avenue I am employed by Goodwill Industries Manasota, Inc. July 21, 1999 aak A an Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 6112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B 10-86 PAGE 2