MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 17, 1995, AT 6:00 P.M. PRESENT: Mayor David Merrill, Vice Mayor Mollie Cardamone, Commissioners Delores Dry, Nora Patterson, and Gene Pillot, City Manager David Sollenberger, city Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor David Merrill The meeting was called to order in accordance with Article III, Section 9 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: EMPLOYEE OF THE MONTH FOR JUNE, 1995 - MARIE P. SMITH, SENIOR CLERK, PLANNING AND DEVELOPMENT DEPARTMENT #1 (0035) through (0123) Jane Robinson, Director of Planning and Development, Linda McCorkle, Office Supervisor, and Marie P. Smith, Senior Clerk, came before the Commission. Ms. McCorkle stated that Marie Smith has been an employee of the Planning Department for six years; that she is very considerate of co-workers and her pleasant demeanor provides the public with a positive reflection of the Planning Department and the City; that Ms. Smith's proposal of improving and updating the filing system has substantially impacted the efficiency of the Planning Department; that in addition to her work as a City employee, Ms. Smith also serves the community as secretary for the True Vine Missionary Baptist Church. Ms. Robinson stated that Ms.. Smith, whose positive attitude complements her excellent work, is a valuable resource to the Planning Department and to the City. Mayor Merrill presented Ms. Smith with a City-logo watch, a plaque, and a certificate as the June Employee of the Month in appreciation of her unique performance with the city of Sarasota; and congratulated her for her outstanding efforts. 2. PRESENTATION RE: SPECIAL WELCOME TO FRENCH STUDENT VISITORS #1 (0124) through (0345) BOOK 38 Page 12052 07/17/95 6:00 P.M. BOOK 38 Page 12053 07/17/95 6:00 P.M. Mayor Merrill stated that a group of French students have specifically chosen to visit Sarasota, out of all other cities in the United States, as part of the World Exchange Program; that a Mayor's citation from the City has been prepared for each of the students. Mayor Merrill read in its entirety the Mayor's citation which welcomed the high school students to Sarasota and encouraged them to take advantage of the recreational and cultural activities available in Sarasota. Celine Lecoute, a student from Vaires Sur Marne, came before the Commission, received her Mayor's citation, and assisted Mayor Merrill as he presented Mayor's citations to the following students from France: Julien Aschieri of Colomiers; Clarisse Bandin of Nantes; Vanina Brisset of Saint Oven; Alexandre Cavellini of Levallois; Roxanne Coulbault of Toulouse; Beatrice Courtet of Amiens; Frederique Courtet of Amiens; Quentin Dambert of Colomiers; Sabastien David of Paris; Lambert Florence of Bussy St. Georges; Virginie Granier of Paris; Alexandra Heron of Satrouville; Virginie Hervet of Levallois; Aurelie Keller of Toulouse; Yann Lecoz of Maisons Alfort; Aurelie Legros of Saint Symphorien; Loic Letallec of Paris; Eric Masson of Paris; Nicolas Michel of Paris; Giannetti Pierre of Guadaloupe; Olivier Subrini of Issy Les Moulineaux; and Alexandra Tregouet of Levallois Perret. Mayor Merrill stated that one of the students, Deborah Visser from Levallois Perret, was involved in an automobile accident and could not attend this ceremony. Mayor Merrill requested that Ms. Lecoute deliver the citation to Ms. Visser on the City's behalf. 3. PRESENTATION RE: PROCLAMATION DECLARING AUGUST 1, 1995, AS THE 12TH ANNUAL NATIONAL NIGHT OUT #1 (0345) through (0443) Gordon Jolly, Chief of Police Services Bureau, Public Safety Department; Phil duQuesnay, Dorothy Clark, Alberta Johnson, Mary Quillin, Linda Silver, Steve Harris, and Barbara Waters, District Board members of the Sarasota Neighborhood Watch Association, came before the Commission. Mayor Merrill read in its entirety the City of Sarasota Proclamation which declared August 1, 1995, "12th Annual National Night Out, a as a night for citizens of the City of Sarasota to support and join the Sarasota Neighborhood Watch Association and the National Association of Town Watch. Mr. duQuesnay stated that a schedule of events related to the "12th Annual National Night Out" will be published in the newspaper. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0443) through (0457) city Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Unfinished Business, Item No. VII-2, Discussion Re: Parking of Commercial and Industrial Vehicles in Residential Zone Districts, per the request of Commissioner Patterson. Mayor Merrill asked if the Commission had any objections to the Changes to the Orders of the Day. Mayor Merrill stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. 5. APPROVAL OF MINUTES OF THE REGULAR CITY COMMISSION MEETING OF JULY 3, 1995 = APPROVED AS CORRECTED (AGENDA ITEM I) #1 (0457) through (0495) Mayor Merrill asked if the Commission had any changes to the minutes. Vice Mayor Cardamone referred to draft page 30 and cited the following: Vice Mayor Cardamone stated that the land requirements necessary for a Publix Super Market is not addressed in the facsimile she received. Vice Mayor Cardamone stated that the facsimile was a letter from Bill Curry, Vice President of Real Estate, Publix Super Markets, Inc.; that the letter indicated a desire by Publix Super Markets, Inc., to evaluate the Mission Harbor property; that the official minutes should contain this information. Commissioner Patterson referred to draft page 54 and stated that the word "suburb" should be changed to "superb." Mayor Merrill stated that the minutes of the regular City Commission meeting of July 3, 1995, as corrected, are approved by unanimous consent. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, AND 5 - APPROVED (AGENDA ITEM III-A) #1 (0495) through (0542) Commissioner Patterson requested that Item No. 3 be removed. BOOK 38 Page 12054 07/17/95 6:00 P.M. BOOK 38 Page 12055 07/17/95 6:00 P.M. 1. Approval Re: First Amendment to Interlocal Agreement between the City of Sarasota and the Housing Authority of the City of Sarasota 2. Approval Re: Award of Contract and authorize the Mayor and City Auditor and Clerk to execute a contract to Air Masters of Tampa Bay, Inc., for the installation of air conditioning system and other related work at the Municipal Auditorium On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to approve Consent Agenda No. 1, Items 1 and 2. Motion carried unanimously (5 to 0): Cardamone, yes; Dry, yes; Patterson, yes; Pillot, yes; Merrill, yes. 3. Approval Re: Site Plan for the Island Park Fountain donated by Jack Graham, Inc. Commissioner Patterson stated that her husband's law firm represents Marina Jack, Inc.; therefore, she declares a conflict of interest and will not vote on this item. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to approve Consent Agenda No. 1, Item 3. Motion carried unanimously (4 to 0): Cardamone, yes; Dry, yes; Patterson, abstained; Pillot, yes; Merrill, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (ORDINANCE NO. 95-3872) - ADOPTED (AGENDA ITEM III-B) #1 (0543) through (0670) City Auditor and Clerk Robinson read proposed Ordinance No. 95-3872 by title only. 1. Adoption Re: Second reading of proposed Ordinance No. 95-3872, amending the Comprehensive Plan in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act; adopting by reference a Small Scale Development Amendment to the Comprehensive Plan designated: 95-PA-07, pertaining to real property located at 220 North Lockwood Ridge Road, as more particularly described herein; said amendment consisting of expanding Sub-Area 3 on Future Land Use Map #12 to provide for an eligible Zone District of Office Park (OP); stating findings of fact concerning the preparation and adoption of the amendment to the Comprehensive Plan; repealing Ordinances in conflict; providing for the severability of the parts hereof; etc. (Title On- ly) (Petition No. 95-PA-07, Joel Freedman representing James C. Rutledge, Petitioner) On motion of Vice Mayor Cardamone and second of Commissioner Pillot, it was moved to adopt Consent Agenda No. 2, Item 1. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll- call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dry, yes; Patterson, yes; Pillot, yes; Merrill, yes. 8. DISCUSSION RE: CHANGE IN PROCEDURE REGARDING ADVERTISED STARTING TIME FOR PUBLIC HEARINGS - DIRECTED THE CITY AUDITOR AND CLERK TO ADVERTISE THAT PUBLIC HEARINGS WILL START AT 6:00 P.M. OR SOON THEREAFTER AS POSSIBLE #1 (0588) through (0670) Mayor Merrill stated that the time at which public hearings are advertised to begin at City Commission meetings should be changed from 6:30 p.m. to 6:00 p.m.i that in accordance with State Law, public hearings cannot be addressed by the Commission prior to the time advertised. City Auditor and Clerk Robinson stated that items preceding public hearings on the Agenda are frequently completed by the Commission before 6:30 p.m.; that the Commission has two options if the items on the Agenda are to be taken in order: 1) recess until 6:30 p.m. or 2) request that the time for public hearings be advertised for 6:00 p.m. or as soon thereafter as possible. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to direct the City Auditor and Clerk to advertise that public hearings will begin at 6:00 p.m. or soon thereafter as possible. Motion carried unanimously (5 to 0): Cardamone, yes; Dry, yes; Patterson, yes; Pillot, yes; Merrill, yes. 9. UNFINISHED BUSINESS: APPROVAL RE: BAY ROAD/OSPREY AVENUE CONGESTION RELIEF STUDY APPROVED; DIRECTED THE ADMINISTRATION TO ACT ON ITEMS 2, 5, 7,8, 10, 11 & 12 AS RECOMMENDED IN EACH RESPONSE (AGENDA ITEM VII-1) #1 (0690) through (0920) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that during the public hearing on the development agreement for the Paradise Development (Publix Super Market) at Crossroads Shopping Center, the City Commission requested that the Administration meet with businesses and residents in the surrounding areas to identify and seek long-range solutions for traffic circulation and congestion problems on Osprey Avenue/Bay Road from Siesta Drive to U.S. 41 (Tamiami Trail). A street map depicting the subject area with Siesta Drive, Osprey Avenue/Bay Road, and South Tamiami Trail highlighted was displayed on the overhead projector. BOOK 38 Page 12056 07/17/95 6:00 P.M. BOOK 38 Page 12057 07/17/95 6:00 P.M. Mr. Daughters stated that approximately 75 people attended the public meeting held on April 18, 1995, at the Waldemere Fire Station; that active participation resulted in 12 potential improvements to the Osprey Avenue/Bay Road area; that the Citizens Advisory Task Team, appointed by the City Manager, met on June 1, 1995, to discuss the congestion relief study and to develop action on the potential improvements suggested at the April 18 meeting; that the following interests are represented on the Task Team: Commercial Businesses, the Siesta/ Tulip/Jasmine Drives Area, the San Remo Homeowners Association, Plaza Gardens Condominium Association, and Granada Homeowners. Mr. Daughters continued that 30 people attended the second, and final, public meeting which was held on June 27, 1995; that the general consensus was to support the Task Team's recommendations; however, additional comments were specified on various recommendations; that his June 29, 1995, memorandum outlining the 12 recommendations and the Task Team's responses has been provided in the Agenda materials; that the Task Team recommended that 4 of the 12 recommendations not be pursued, that some of the improvements be pursued in a slightly different manner, and that others be pursued as suggested; that directing the Administration to act on the following items as stated in each response is recommended: 2. Encourage increased pedestrian and bicycle use. Response: Sidewalks for pedestrians have been or will be provided via the City and the Publix Development project. Right-of-way is insufficient on Bay Road and Osprey Avenue for bicycle lanes, however may be sufficient on Siesta Drive west of Osprey Avenue. 5. On Osprey Avenue northbound, install "No Right Turn" sign and/or facilities onto Tulip Drive and Jasmine Drive. Response: Do not pursue recommendation as it will severely limit access to these neighborhood streets. Instead, pursue curb and gutter with small radius on the corners of the streets. Additional comment: install landscaping at the corners. 7. Install signalized pedestrian crossing on Osprey Avenue at Versailles Street. Response: Do not pursue recommendation as it will encourage cut-through traffic into the neighborhoods and require a fully operational signal for vehicular traffic as well as pedestrians. Instead pursue zebra-type crosswalks with flashing "pedestrian crossing" lights. Additional comment: Install signs similar to those on St. Armands which indicate State law requires yielding to pedestrians and failure to comply results in a fine of $69.50. 8. Add a middle, two-way left-turn lane on Siesta Drive west of Almeria Street. Response: Definitely pursue this recommendation from Almeria Street to San Remo Terrace. This will eliminate excessive backups created by left-turning traffic. 9. Widen Siesta Drive to four lanes west of Osprey Avenue to San Remo Terrace or Higel Avenue. Response: Do not pursue recommendation as Item #8 will resolve congestion on Siesta Drive in a more effective manner. 10. Widen Siesta Drive to four lanes from Osprey Avenue to U.S. 41 Response: Do not pursue recommendation as it is not cost effective and would create more traffic on a residential- oriented street. Instead, pursue a lengthening of the westbound Siesta Drive to southbound Osprey Avenue left-turn pocket by taking some of the landscaped median on Siesta Drive east of Osprey Avenue. 11. Add a middle, two-way, left-turn lane on Osprey Avenue and Bay Road from Siesta Drive to U.S. 41. Response: Definitely pursue this recommendation. This will eliminate excessive backups created by left-turning traffic in a much better manner than just a southbound Osprey Avenue left-turn pocket at' Versailles Street. 12. Address the intersection of U.S. 41 and Versailles Street. Response: Pursue this recommendation by installing a. raised concrete island to prevent eastbound Versailles Street to northbound U.S. 41 left turns. Additional comment: and to prevent northbound U.S. 41 to westbound Versailles Street left turns. Commissioner Patterson asked if the Administration plans to evaluate the number of vehicles making left turns, etc., before Item 10 is implemented. Mr. Daughters stated that a study of the area by the Administration will be performed- to determine the necessity of several of the improvements recommended; that the findings and recommendations on BOOK 38 Page 12058 07/17/95 6:00 P.M. BOOK 38 Page 12059 07/17/95 6:00 P.M. the individual improvements will be presented to the Commission for approval. Vice Mayor Cardamone stated that permitting more left-turn space on Siesta Drive may encourage people to use that route as an entrance to Publix; that the potential impacts to the adjacent neighborhoods should be considered as the Administration evaluates the proposed improvements. Mayor Merrill stated that the impacts could not be accurately measured until the new Publix opens for business. City Manager Sollenberger stated that the Administration recommends: 1) approving the Citizens Advisory Task Team's response to the 12 listed, potential improvements and 2) directing the Administration to act on Items 2,5,7,8,10,11 & 12 as recommended in each response. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Cardamone, yes; Dry, yes; Patterson, yes; Pillot, yes; Merrill, yes. Mayor Merrill requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that any citizen who has signed up to speak has 5 minutes; that the petitioners have a reasonable amount of time to address the Commission and a reasonable amount of time for rebuttal. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 95-3886, REGULATING DOGS WITHIN GILLESPIE PARK; SETTING FORTH FINDINGS; DEFINING TERMS; REQUIRING THAT DOGS WITHIN GILLESPIE PARK BE ON A LEASH; REQUIRING THAT FECAL MATTER BE REMOVED; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (0973) through (1145) City Manager Sollenberger stated that on April 28, 1995, the Gillespie Park Neighborhood Association (GPNA) requested that Ordinance No. 94-3834 which regulates dogs at the Bayfront and Island Park be amended to include Gillespie Park; that Gillespie Park is currently maintained by Sarasota County and is posted with signs that prohibit dogs; that the proposed ordinance would legally allow leash-restrained dogs in Gillespie Park but require dog owners to clean up after their animals. Commissioner Pillot asked if the proposal is acceptable to Sarasota County? Mr. Sollenberger responded, yes. Mr. Sollenberger stated that the Administration recommends passing proposed Ordinance No. 95-3886 on first reading. Mayor Merrill opened the public hearing. The following people came before the Commission: Linda Holland, 617 Gillespie Avenue (34236), President of the Gillespie Park Neighborhood Association (GPNA), stated that a number of residents desire to have their dogs accompany them on walks through the park primarily as a safety measure; that the GPNA supports adopting the same conditions that exist at Bayfront and Island Park. Margaret Mills, P.O. Box 3455 (34230), stated that dogs are allowed at other parks in the City; that dogs were allowed at Gillespie Park until the maintenance of City parks was transferred to Sarasota County; that dog ownership is a legitimate activity and dog walking is allowed in all areas of the City of Sarasota except at parks; that responsible dog owners who will clean up after their dogs should be allowed to enjoy Gillespie Park. There was no one else signed up to speak and Mayor Merrill closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 95-3886 by title only. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to pass proposed Ordinance No. 95-3886 on first reading. Commissioner Patterson stated that an ordinance that does not work or causes a problem to the neighborhood or with maintenance can be changed; that her prior objection to setting this item for public hearing was inappropriate; that she will support the motion. Commissioner Dry stated that discussion should be held with Sarasota County to determine whether allowing dogs at all City parks would be appropriate. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dry, yes; Patterson, yes; Pillot, yes; Merrill, yes. 11. PUBLIC HEARING RE: COMPREHENSIVE PLAN AMENDMENT 95-PA-08 TO AMEND FUTURE LAND USE MAP #11 TO CREATE AN IMPACT MANAGEMENT BOOK 38 Page 12060 07/17/95 6:00 P.M. BOOK 38 Page 12061 07/17/95 6:00 P.M. AREA MAKING THE SUBJECT PROPERTY ELIGIBLE FOR A REZONING TO MULTIPLE-FAMILY RESIDENTIAL-4 (RMF-4) OR LESS INTENSIVE RESIDENTIAL - PUBLIC HEARING TO BE RESCHEDULED AND READVERTISED (AGENDA ITEM IV-2) #1 (1145) through (3240) Jane Robinson, Director of Planning and Development, came before the Commission. Mayor Merrill requested that City Attorney Taylor provide a brief description of the guidelines to be followed during the next two public hearings. city Attorney Taylor stated that the public hearings on 95-PA-08 and 95-PA-05 are proposed amendments to the Sarasota City Plan; that based on the Impact Management Area (IMA) process and the approach utilized by the City of Sarasota, he previously rendered an opinion that Comprehensive Plan Amendment 95-PA-08 falls under a statutory process required by Chapter 163, Florida Statutes as a result of the Snyder Decision; that the Snyder Decision was a ruling by the Florida Supreme Court which requires a quasi-judicial procedure as opposed to a legislative procedure in land use decisions affecting a particular parcel of property; therefore, the City Commission will be hearing evidence on which to base its decision to grant or deny the land use request presented; that evidence presented via correspondence or testimony must be based on facts; that any special credentials which would qualify a speaker as an expert should be voiced; that opinions relating only to someone's feelings is not considered proper evidence; that citizens need to present factual evidence on which the City Commission can act; that the decision rendered by the City Commission must be based on competent, substantial evidence to be sustainable in a court of law should the decision be challenged. City Attorney Taylor continued that 95-PA-08 was heard by the Commission on May 10, 1995, as a request to create an IMA which would permit a rezoning to Medical, Charitable, Institutional (MCI); that the application as filed requested rezoning eligibility to MCI or Residential, Multiple-Family (RMF-5) or less intensive; that the public hearing is being reopened to afford the petitioner an opportunity to present a request for. rezoning eligibility to RMF-4, which is a less intensive use than RMF-5, and to respond to the Staff's recommendation; that the evidence presented should be limited to new material and comments on the Staff's recommendation. City Attorney Taylor further stated that a lawsuit challenging the City Commission's decision to deny the MCI Zone District was filed to protect the property owner's right of appeal; however, the two parties have entered into a stipulation approved by the Court to delay further proceedings until the deliberations at the City Commission level are completed. Commissioner Dry asked if the new and different information which will be presented by the petitioner has been heard by the Planning Board/Local Planning Agency (PBLP). City Attorney Taylor stated that the RMF-4 zoning request and the Staff's recommendation was not discussed during the PBLP's public hearing regarding 95-PA-08; that the MCI zoning request on which the PBLP took action is a more intensive use than the RMF-4 zoning; therefore, he felt another public hearing before the PBLP was not required; however, the petition could legally be referred to the PBLP if that is the desire of the Commission. Vice Mayor Cardamone asked for the procedure followed in noticing the neighbors and interested parties and if the citizens noticed were informed of the changes regarding the decrease of intensity between the MCI and RMF-4 Zone Districts. City Auditor and Clerk Robinson stated that the notice published in the Sarasota Herald-Tribune indicated a change in land use to RMF-5 or less intensive and was also mailed to property owners within 500 feet of the subject property; that specific language regarding the intensity was not included in the notice. City Attorney Taylor stated that the notice was published in the format required by the Florida Statutes; that specific details comparing the MCI and RMF-5 Zone Districts is not required and was not included. Vice Mayor Cardamone stated that the Commission previously denied 95-PA-08; that she is concerned that the citizens who previously opposed this petition may not be aware of the changes or that the Commission is reopening the public hearing and may subsequently request a reopening of the public hearing to be heard. Commissioner Patterson stated that the Commission is reopening the public hearing to afford the petitioner an opportunity to rebut the Staff's recommendation and make a presentation on the RMF zoning which was part of the application filed but was not heard by the Commission after the MCI request was denied; that referring the petition to the PBLP may place additional burden on the petitioner as well as the neighborhood; that the petition should be heard by the Commission as scheduled. City Attorney Taylor stated that Commission could permit comment from the petitioner and members of the public regarding another PBLP public hearing. Commissioner Dry stated that the interested parties should be aware of the specifics regarding the change in intensity; that referring the petition to the PBLP for further input would provide the BOOK 38 Page 12062 07/17/95 6:00 P.M. BOOK 38 Page 12063 07/17/95 6:00 P.M. petitioner an opportunity to address any concerns raised by the neighborhood regarding the RMF zoning. Mayor Merrill asked if the Commission had any objections to permitting public comment on this issue. Mayor Merrill stated that hearing no objections, public input will be permitted on referring the petition to the PBLP. Mayor Merrill opened the public hearing; and stated that comment from the petitioner and citizens signed up to speak will be heard regarding whether the amended petition should be referred to the PBLP prior to the Commission making a decision; that additional time to speak will be permitted if the Commission decides to go forward with the petition tonight. Joel Freedman, Bishop & Associates, and Stephen D. Rees, Attorney, representing the petitioner, Stottlemyer Trust, came before the Commission. Attorney Rees stated that the petitioner's position and preference is that the Commission proceed with the public hearing to consider the amended petition for the RMF-4 Zone District; that the notice to the public was specific in conforming to the statutory requirements; that anyone reviewing the notice was advised that there had first been a request for the MCI zoning and that the petitioner had subsequently amended the petition to request the RMF-4 or less intensive zoning in lieu of the MCI or RMF-5 zoning; that the reopened public hearing pertains solely to the amended petition; that the request for a reopened public hearing was discussed and approved at the June 5, 1995, City Commission meeting; that he feels adequate public disclosure of the petitioner's intent and the substance of the petition has been made. Mr. Freedman stated that the PBLP recommended approval of the MCI Zone District; therefore, discussion regarding the RMF-5 zoning had not been necessary at the PBLP public hearing. The following people came before the Commission: Clarence Brien, 419 W. Cornelius Circle (34232), thanked the Administration for the recent maintenance of the plaque and the repairs to the drinking fountain at Ken Thompson Park. Mr. Brien stated that the affected neighborhood encompasses a larger area than has been identified in the Staff's overhead displays; that preservation of neighborhoods and the goals of the City should be considered when the Commission votes on this petition; that the petition should be referred to the PBLP. Ernest Babb, 1886 Bahia Vista Street (34239), stated that procedure which has been followed regarding this petition is questionable; that referring the petition to the PBLP for further input would provide a complete, correct process and would be in the best interest of all parties involved. Dan Lobeck, 450 South Shade Avenue (34237), representing Growth- restraint Environmental Organization (GEO) and himself, stated that as an attorney, he frequently reviews statutory procedures; that the City Auditor and Clerk, at a prior meeting, advised the Commission that the time frames under which the reopened public hearings had to be advertised may create problems; that Chapter 166, Florida Statutes applies to Comprehensive Plan Amendments that would change the future land use map designation of a parcel or parcels and requires that an advertisement be two columns wide by ten inches in length and be published at least seven days prior to the public hearing. Mr. Lobeck presented the two advertisements regarding Comprehensive Plan Amendments 95-PA-08 and 95-PA-05 which were published July 9, 1995, and July 12, 1995, in the Sarasota Herald-Tribune; and stated that the July 9 advertisement was published seven days before the hearing but was less than ten inches in length; that the advertisement published on July 12 was ten inches in length but was published less than seven days before the hearing; that the publication has failed to comply with Chapter 166.041(3) (c)2b, Florida Statutes; therefore, the public hearing cannot legally be held. City Auditor and Clerk Robinson stated that the Sarasota Herald- Tribune was instructed to publish a 1/4-page advertisement; that the newspaper was contacted after he viewed the incorrectly published. advertisement on July 9; that the advertisement was republished at no cost on July 12 to correct the mistake. City Attorney Taylor stated that complying with requirements set forth in the Florida Statutes is essential; that noncompliance could affect the validity of any action taken by the Commission; that further review will be necessary for him to render a legal opinion regarding procedural requirements. Mayor Merrill stated that the petitioner may not want to proceed at this time; and asked for comment from the petitioner. Commissioner Pillot stated that the Commission should not go forward with the public hearing since the publication has not complied with the statutory requirements. Attorney Rees came before the Commission and stated that legal assurance from the City Attorney is necessary to assure the petitioner that procedural requirements are met and that the BOOK 38 Page 12064 07/17/95 6:00 P.M. BOOK 38 Page 12065 07/17/95 6:00 P.M. validity of the Commission's potential approval of petition 95-PA-08 will not be jeopardized; that the public hearing should be rescheduled. Attorney Rees continued that the publication error was caused by the newspaper rather than the petitioner or the City; that the petitioner is responsible for advertising expenses; and requested that any additional expense to the petitioner be waived if the Commission decides to readvertise the public hearing. Mayor Merrill stated that the Commission should not go forward with the public hearing at this time; and asked for discussion on whether to refer the petition to the PBLP or to reschedule it before the Commission. On motion of Commissioner Dry and second of Vice Mayor Cardamone, it was moved to refer petition 95-PA-08 to the PBLP for review and a recommendation. Commissioner Patterson stated that although public input was received in opposition, the PBLP recommended approval of the MCI Zone District request presented which included an Adult Congregate Living Facility (ACLF) and a medical clinic; that the amended petition includes the ACLF at a lower density without a medical clinic; and asked for comment by Commissioner Dry and Mr. Lobeck as to the motivation for referring the petition to the PBLP. Commissioner Dry stated that the notice indicated a change in land use to RMF-5; that the petition presented requests RMF-4 zoning; that sufficient opportunity for public input on the RMF-4 zoning request has not been provided; that the legalities associated with the petition as presented are of concern. Mr. Lobeck came before the Commission and stated that the standard criteria of RMF-4 zoning, although considered less intensive, is different from the standard criteria of RMF-5 zoning; that people had a limited time to speak at the previous PBLP public hearing; that the public input focused on concerns related to the MCI zoning which was presented; that other concerns may be raiséd by the altered nature of the petition; that Chapter 163, Florida Statutes addresses sufficiently altered petitions; that 95-PA-08 as amended may be considered sufficiently altered and require reconsideration by the PBLP. Commissioner Pillot stated that this petition should be brought back to a full Commission; that planned vacations and the schedules of Commissioners and PBLP members may create an issue regarding timing that should be considered before voting on the motion. Commissioner Patterson stated that she will not be present at the August 7, 1995, City Commission meeting. Ms. Robinson stated that the PBLP is not meeting in August and has a full schedule in September; that the first Wednesday in September may not be an appropriate meeting date for a public hearing before the PBLP on petition 95-PA-08; that the regular meeting of the PBLP is the first Wednesday of each month; that in addition, special meetings have been scheduled on the remaining Wednesdays in September and October for the PBLP's review of the Evaluation and Appraisal Report (EAR). City Auditor and Clerk Robinson stated that lacking a special meeting of the PBLP in September, the earliest the petition could be brought back to the Commission would be November. Commissioner Patterson stated that various standards of RMF-4 zoning, i.e., height and setback requirements, could be considered more intensive than the RMF-5 or MCI Zone Districts; and asked for comment by Ms. Robinson. Ms. Robinson stated that in accordance with the Land Use Intensity Chart found in Sec. 6-29 of the Zoning Code, the MCI Zone District is much more intensive than the Residential Zone Districts; however, a Special Exception can be reviewed for additional height in the RMF Zone Districts; that the setback requirement in the RMF-4 Zone District is 15 feet versus 25 feet in the MCI Zone District; that parking being prohibited in the RMF Zone Districts but permitted in the MCI Zone District is one of several trade-offs which makes the intensity rating of the MCI Zone District higher. Vice Mayor Cardamone stated that she seconded the motion for discussion and will vote against the motion; that she supports properly advertising and rescheduling the public hearing before the Commission at the earliest date possible. Commissioner Pillot stated that he concurs. Mayor Merrill called for the vote on the motion to refer petition 95-PA-08 to the PBLP for review and a recommendation. Motion failed (4 to 1): Cardamone, no; Dry, yes; Patterson, no; Pillot, no; Merrill, no. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to set the reopened public hearing on 95-PA-08 at the earliest, possible date when all legal requirements can be fulfilled, appropriate notification can be sent, and a full Commission will be present. On motion of Vice Mayor Cardamone and second of Commissioner Pillot, it was moved to amend the motion to include requesting the Sarasota Herald-Tribune to republish the advertisement at no charge. Amendment carried unanimously (5 to 0): Cardamone, yes; Dry, yes; Patterson, yes; Pillot, yes; Merrill, yes. BOOK 38 Page 12066 07/17/95 6:00 P.M. BOOK 38 Page 12067 07/17/95 6:00 P.M. Mayor Merrill called for the vote on the motion as amended. Motion carried unanimously (5 to 0) : Cardamone, yes; Dry, yes; Patterson, yes; Pillot, yes; Merrill, yes. Mayor Merrill closed the public hearing. Commissioner Pillot left the Commission Chambers at 7:25 p.m. 12. PUBLIC HEARING RE: COMPREHENSIVE PLAN AMENDMENT 95-PA-05, ADDS LANGUAGE TO LAND USE POLICY 1.3 THAT EXEMPTS PROPERTIES FOR WHICH A SITE AND DEVELOPMENT PLAN WAS APPROVED AS PART OF A CONDITIONAL REZONING ORDINANCE PRIOR TO ADOPTION OF THE SARASOTA CITY PLAN AND THEN REVERTED TO THEIR FORMER ZONE DISTRICT CLASBIFICATION DUE TO AN EXPIRED SITE AND DEVELOPMENT PLAN. POLICY CHANGE ALLOWS THESE "REZONED PROPERTIES" TO BE ELIGIBLE TO BE REZONED TO THEIR ORIGINAL ZONE DISTRICT CLABSIFICATION. PROVIDED THEY ARE CONSISTENT WITH THE GENERALIZED FUTURE LAND USE MAP - REVISED LANGUAGE; PUBLIC HEARING TO BE RESCHEDULED AND READVERTISED (AGENDA ITEM IV-3) #1 (3246) through #2 (0312) Jane Robinson, Director of Planning and Development, and Sherry Carter, Chief Planner, Comprehensive Division, came before the Commission. City Manager Sollenberger stated that the Staff presentation on this item was given at the May 10, 1995, meeting; that Ms. Robinson and Ms. Carter are available to answer any questions the Commission may have. Commissioner Patterson stated that the Administration is requesting additional language to Land Use Policy 1.3 as a means to achieve commercial zoning on a piece of property which was down zoned after the conditional rezoning approved for that property expired; that the ordinance would have specific zoning identified; that inserting the verbiage "or less intensive use" in the Policy would provide the Commission and the PBLP with prerogatives similar to those available when the categories in an Impact Management Area (IMA) are considered, i.e., whether the maximum intensity permitted is appropriate. Commissioner Pillot returned to the Commission Chambers at 7:27 p.m. City Attorney Taylor stated that the Commission has formally adopted levels of intensity for zone districts; that adding the verbiage suggested by Commissioner Patterson would provide more flexibility than designating a particular zone on the sites. City Attorney Taylor continued that the advertisements for 95-PA-05 as published in the Sarasota Herald-Tribune on July 9 and July 12, 1995, may not comply with the statutory requirements for the same reasons as cited by Dan Lobeck under the previous public hearing. Mayor Merrill recognized Sarasota County Commissioner Jack O'Neil who was present in the audience. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to: 1. Add to the language of Land Use Policy 1.3 the words "or less intensive use" or similar language deemed appropriate by the City Attorney; 2. Set the reopened public hearing on 95-PA-05 at the earliest, possible date when all legal requirements can be fulfilled, appropriate notification can be sent, and a full Commission will be present; and 3. Request the Sarasota Herald-Tribune to republish the advertisement at no charge. Vice Mayor Cardamone asked why the Administration is requesting that properties be rezoned back to former zoning rather than be placed in IMAs? Ms. Carter stated that the Generalized Future Land Use Map adopted in 1989 was based on existing zoning with the addition of IMAs that permitted changes in land use; that properties for which site and development plans had been approved were not placed in IMAs; that as the Comprehensive Plan Amendment to change property in the Rosemary District to commercial land use was being prepared, Staff discovered that the Future Land Use Map already designated commercial land use but that zoning had reverted to residential because of an expired site and development plan; that asking the State for a change to permit a land use the City already had did not seem appropriate; that all. the Future Land Use Maps were reviewed and three properties were identified that fall into the same situation; that 95-PA-05 is a policy change, not a land use change, that could affect any. property in the city of Sarasota. Vice Mayor Cardamone asked for comment on the. advantages or the disadvantages to adding the verbiage suggested by Commissioner Patterson. Ms. Carter stated that the verbiage suggested will improve the policy. Commissioner Dry stated that the Administration intends to propose a moratorium on Comprehensive Plan Amendments; and asked if the proposed moratorium would affect 95-PA-05. BOOK 38 Page 12068 07/17/95 6:00 P.M. BOOK 38 Page 12069 07/17/95 6:00 P.M. Ms. Carter stated that the proposed moratorium applies to Comprehensive Plan Amendments in 1996; that 95-PA-05 and other petitions in the Comprehensive Plan Amendment process for 1995 would not be affected. Vice Mayor Cardamone stated that a willingness to see a portion of Mission Harbor developed for economic development was recently expressed by the advocates who support placing the Central Library on the Mission Harbor site. Vice Mayor Cardamone asked for the. earliest date the properties addressed in 95-PA-05 could be developed if the Commission chose to create IMAs for the properties? Ms. Carter stated that the Comprehensive Plan Amendment process required to place the properties in an IMA could be completed by December 1996; however, the Administration has requested a moratorium on Comprehensive Plan Amendments in 1996; that the Commission will be voting on the proposed moratorium later in the meeting. Commissioner Patterson stated that she is not suggesting that the properties be placed in an IMA; that approving the policy with the additional language suggested will provide the Commission with an alternative to a specific classification when rezonings are requested on the properties; that the proposal will not lengthen the time at which the properties could be available for development. Ms. Carter stated that although verbiage will be added, 95-PA-05 will be completed in accordance with the Comprehensive Plan Amendment schedule for 1995. Mayor Merrill stated that under Robert's Rules of Order, each Commissioner may debate an issue two times; that a motion to extend the limits of debate is required to continue; that a majority vote is necessary. On motion of Vice Mayor Cardamone and second of Commissioner Patterson, it was moved to extend the limits of debate. Motion failed (3 to 2) : Cardamone, yes; Dry, yes; Patterson, yes; Pillot, no; Merrill, no. Mayor Merrill called for the vote on the motion to add the words "or less intensive use" to the policy language and to readvertise and reschedule this item for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Dry, yes; Patterson, yes; Pillot, yes; Merrill, yes. 13. PRESENTATION RE: REGIONAL ANCHORAGE MANAGEMENT PLAN REFERRED TO PARKS, RECREATION, AND ENVIRONMENTAL PROTECTION ADVISORY BOARD FOR A REÇOMXENDATION. WITH STAFF INPUT: CITY COMMISSION TO CONSIDER INCLUDING MARINA JACK, INC.. IN THE DISCUSSIONS: CITY TO CONTINUE ENFORCEMENT OF REMOVING ABAN- DONED VESSELS (AGENDA ITEM V-1) #2 (0292) through (0826) City Manager Sollenberger stated that the Administration recommends referring this item to the Parks, Recreation, and Environmental Protection Advisory Board for a recommendation and report back to the Commission. Walter Stilley, President, Boaters' Action and Information League, Inc. (BAIL) , came before the Commission and stated that he requested to appear before the Commission to present the status of a Regional Anchorage Management Plan and to discuss enforcement of the existing ordinance concerning mooring of boats for more than 72 hours; that he is here to introduce a five-year pilot program with an alternative plan for management of anchorage and moorage on the southwest coast; that BAIL encourages the Commission to participate in this program and take advantage of BAIL's innovative and creative solutions to the perceived problems waterfront communities face, but have not yet solved; that an earlier, one-year program resulted in publication of a guide entitled Anchorages in Southwest Florida, which was so well received that the State invited BAIL to produce a larger program; that the earlier program has evolved into the five-year plan being presented to the Commission tonight; that all the principals have signed on and the final required signature is that of Virginia Wetherell, Secretary, Florida Department of Environmental Protection (DEP); that representatives of the partners of this venture are in the audience and can answer any questions the Commission may have; that the goals of this program are carefully spelled out in the Memorandum of Agreement, Section B, which the Commission has received; that the Memorandum of Agreement sets forth the responsibilities of the participants, and local governments are urged to participate; that the Regional Harbor Board has also proposed creating a more unified set of anchorage standards for the southwest coast by bringing representatives from municipalities and counties as partners into a joint effort; that the Florida Sea Grant (FSG) Program at the University of Florida will help monitor this plan, which is a critical aspect of making this program work; that Dr. Gus Antonini, Head Scientist, FSG Program, will explain the pilot program in further detail later in the meeting; that the West Coast Inland Navigation District (WCIND) will be asked to help fund improvements ashore and in the water; that BAIL's Planning Council will search for additional funding for this important effort. Mr. Stilley stated that the publication entitled Municipal Anchorage for Sarasota discusses anchorage off Island Park and outlines a five-year pilot program which can help solve difficulties currently plaguing the anchorage community; that the BOOK 38 Page 12070 07/17/95 6:00 P.M. BOOK 38 Page 12071 07/17/95 6:00 P.M. five-year pilot program relies on monitoring as a control to identify environmental damage; that the program also allows the possibility of eliminating the 72-hour length of stay limit; that BAIL urges the Commission to revoke the 72-hour length of stay limit; that a scientist at Mote Marine Laboratory Inc. has indicated that, contrary to what one might expect, one of the cleanest places in Sarasota Bay is the anchorage area; that BAIL has worked with City Staff and thanks V. Peter Schneider, Deputy City Manager, and City Attorney Taylor for their help; that BAIL helped develop an ad hoc committee of boaters in the anchorage area which agreed with BAIL's proposed standards for their anchorage community; that long- and short-term goals, identifying needed facilities and anchorage boundaries, were developed by BAIL; that these goals established a control over future growth in the anchorage community; that BAIL has proposed a series of workshops with interested shoreside citizens, officials, and boaters to reduce any civic tension that may exist. Mr. Stilley continued that the program proposes five general guidelines for anchoring and mooring of all boats; that in addition, eight other specific standards are proposed for boat anchorage, one of which is the requirement of a well-maintained vessel as a condition of stay, thereby eliminating unsightly boats which have been a problem to the anchorage community; that these standards include a recommendation to establish an Anchorage Advisory Committee with a City liaison; that the standards call for requirements and inspection schedules for ground tackle and moorings, and free the City of contingent liability by having boaters pay their own mooring expenses; that BAIL suggests establishing budgets for improved facilities; that the anchorage can be self-supporting with costs kept to a minimum and the city free of financial burden; that the anchorage around Island Park should be approved as a mooring area; that if the Çity chooses to pursue enforcement of the 72-hour length of stay limit, the City will be deprived of one of its most valuable assets. Commissioner Dry left the Commission Chambers at 7:50 p.m. Commissioner Pillot thanked Mr. Stilley for meeting with him and Mr. Schneider for attending meetings to discuss this issue; and stated that he appreciates the excellent materials provided by BAIL; and asked if the Parks, Recreation, and Environmental Protection Advisory Board could conduct the workshops to which Mr. Stilley referred during his presentation this evening? Mr. Stilley stated yes, but one weakness is that none of the board members are boaters; that perhaps a temporary board member could be added. Commissioner Patterson stated that cannot be done. Commissioner Pillot stated that organizations such as BAIL could provide input and suggestions. Mayor Merrill stated that Herbert Quinn, Chairman. of the Parks, Recreation, and Environmental Protection Advisory Board, has indicated that three Advisory Board members are boaters. Mayor Merrill asked the status of enforcement of the 72-hour length of stay limit? Mr. Sollenberger stated that enforcement of the length of stay limit has been suspended; but the City will continue to enforce rules regarding lack of registration and removal of abandoned vessels. Commissioner Pillot stated that the Commission should support the City Manager's decision with respect to removing abandoned vessels. Mayor Merrill stated that hearing no objections, the City Manager will continue with the policy of enforcing the rules concerning removal of abandoned vessels. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to refer this issue to the Parks, Recreation, and Environmental Protection Advisory Board for a recommendation, with Staff input, and a report to the City Commission for consideration. Commissioner Dry returned to the Commission Chambers at 7:53 p.m. Commissioner Pillot stated that he is very supportive of the motion; that Mr. Stilley educated him concerning the subject of the mooring of boats, about which he was ignorant before meeting with Mr. Stilley; that he recommends that the City involve Marina Jack, Inc., which has a proven record of excellence in managing their part of the waterfront, has the facilities for pumping out holding tanks, and possesses a knowledgeable staff; that the Commission may consider negotiating with Marina Jack, Inc., to be responsible for some of the management of the program after the public hearings are held. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to amend the motion to include that the Administration will actively involve Marina Jack, Inc., in upcoming discussions. Vice Mayor Cardamone stated that is a good idea; that Marina Jack, Inc., is most directly involved in mooring issues. Commissioner Patterson stated that typically she does not vote on issues related to Marina Jack, Inc.; that her husband is the BOOK 38 Page 12072 07/17/95 6:00 P.M. BOOK 38 Page 12073 07/17/95 6:00 P.M. attorney for Marina Jack, Inc.; and asked City Attorney Taylor for advice on voting on the motion. City Attorney Taylor stated that a conflict of interest does not exist. Commissioner Patterson stated that she retains the right to abstain from voting at a later date. Mayor Merrill called for the vote on amendment to the motion. Amendment carried unanimously (5 to 0): Cardamone, yes; Dry, yes; Patterson, yes; Pillot, yes; Merrill, yes. Mayor Merrill restated the motion as to refer this issue to the Parks, Recreation, and Environmental Protection Advisory Board to make recommendations, with Staff input, for the City Commission to consider and to include Marina Jack, Inc., in the discussions. Motion carried unanimously (5 to 0): Cardamone, yes; Dry, yes; Patterson, yes; Pillot, yes; Merrill, yes. 14. PRESENTATION RE: EXPANSION OF LEASEHOLD AND DOCK VARIANCE FOR THE SARASOTA SAILING SOUADRON REFERRED TO THE PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD; AUTHORIZED THE CITY MANAGER TO REVIEW ANY SARASOTA SAILING SOUADRON ISSUES CONSIDERED APPROPRIATE AND PROVIDE A REPORT AT THE AUGUST 7, 1995, REGULAR COMMISSION MEETING (AGENDA ITEM V-2) #2 (0827) through (1945) City Manager Sollenberger stated that the Administration recommends referring the issue of expansion of the leasehold and dock variance for the Sarasota Sailing Squadron to the Parks, Recreation and Environmental Protection Advisory Board for review and to make recommendations, with Staff input, for the Commission to consider. Vice Mayor Cardamone asked if the dock variance must go before the Board of Adjustment? Mr. Sollenberger stated that the dock variance would come before the City Commission; that the variance is for a dock located in a Governmental (G) Zone District. Douglas Kresge, Commodore, David Brain, Vice Commodore, and James Kolb, Rear Commodore, Sarasota Sailing Squadron, came before the Commission. Mr. Kresge stated that the Sarasota Sailing Squadron seeks an expansion of their leasehold area at City Island (Ken Thompson Park) and a variance to extend the dock area; that the variance requires City Commission approval; that if the Commission supports the variance request, it will be necessary to: 1) amend the current lease agreement to define the additional area, and 2) hold a public hearing to amend the Master Plan pursuant to Ordinance No. 93-3719; that the Sailing Squadron also has a mooring area which must be addressed in relation to the existing City Code; that he understands the Commission can not take action on all issues tonight, although he hopes the Commission consents to the Sailing Squadron's request to repair and replace the floating docks in the basin area. Mr. Kresge further stated that the Sailing Squadron has filed for Florida Department of Environmental Protection (DEP) permits; that safety concerns and handicap accessibility are specific needs for one particular area of the Sailing Squadron leasehold; that a leasehold expansion is necessary as the Sailing Squadron grows and attempts to increase services to the local, regional, national and international sailing community; that a variance to extend the main dock 240 feet eastward, parallel to the existing wave fence, is requested; that also requested in the variance is the proposed replacement of floating docks in the basin area and placing a culvert through the isthmus, which will improve the water quality in the basin area; that the hope is to leave this meeting with approval to begin work on the basin area and move forward on the dock extension. Mr. Brain stated that the request to expand the leasehold is appropriate because of what the Sailing Squadron offers the City; that expanding the leasehold will add value to the existing services offered; that the Sailing Squadron was founded in the 1930s by a group of young people interested in sailing who could not afford to belong to any of the local yacht clubs; that originally, the group operated out of Island Park until 1958 when the Marina Jack, Inc., complex displaced the Sailing Squadron to City Island (Ken Thompson Park); that the Sailing Squadron, for the length of its history, has always been a not-for-profit organization committed to providing affordable public access to the sport of sailing and to the recreational use of Sarasota Bay; that the operating expenses of the Sailing Squadron are derived entirely from membership dues, boat storage fees, and other activities; that the Sailing Squadron depends largely upon volunteer labor for maintenance and improvements made to the facilities; that the Sailing Squadron is open to anyone in Sarasota interested in sailing; that the original membership of 75 has expanded to the current 622 family memberships, which is approximately 2,000 people; that the Sailing Squadron continues to represent an economically diverse cross section of the City of Sarasota. Mr. Brain referred to a large poster board depicting the County of Sarasota and the surrounding area which designates the homes of each member of the organization; and stated that the majority of the memberships come from outside the City and in the Sarasota County unincorporated area. BOOK 38 Page 12074 07/17/95 6:00 P.M. BOOK 38 Page 12075 07/17/95 6:00 P.M. Mr. Kresge referred to a map of the United States which identified and designated the homes of those members of the Sailing Squadron who do not live in Florida; and stated that out-of-state residents spend their winters in Sarasota and use the Sailing Squadron facilities. Mr. Brain stated that the Sailing Squadron is the only place on Sarasota Bay where dry storage for sailboats is available in close proximity to a launching area; that active sailors prefer having dry storage available near the Sarasota Bay because derigging a sailboat before and after sailing is time consuming; that storing a sailboat rigged and ready to go for the next sailing excursion is important to active sailors; that the Sailing Squadron requests a leasehold expansion for the following four reasons: 1) More space and waterfront is required to meet the demand for more memberships: 214 more boat slips will be required to meet the demand generated by growth in the Sarasota area over the next 20 years. The additional boat slips will add $5,000 in payments to the City annually, and 60 percent of new memberships are anticipated to come from the County. 2) Additional storage space and waterfront is necessary to meet the demands of the instructional programs, the Youth Sailing Program and the Red Cross Adult Sailing Program: The sailing program had 80 slots in 1992, and 250 slots exist this summer. In addition, the Sailing Squadron has increased its equipment from 10 dinghies, 2 motor boats and 2 instructors to 26 dinghies, 8 Lasers, 4 Collegiate 420s, 1 keel boat, 4 instructors, an assistant coach, a race coach and 15 children on the race team, all of which require more land than is currently available. 3) The Sailing Squadron has been more and more successful in attracting major regattas, and the importance and size of these regattas is straining the limits of the existing facilities: 697 sailboats have been involved in regattas over the past year and visiting boats stay an average of 4.5 days. Since each boat represents at least two to six people, these regattas attract approximately 10,000 visitors to the City of Sarasota, enhancing the reputation of the city and contributing to the local economy. 4) The Sailing Squadron could pursue some of its long-terms plans for the site, while continuing to serve as responsible stewards of the land and the surrounding waters and acting as good tenants of City land. Mr. Kolb displayed maps of the Sailing Squadron area on the overhead projector to demonstrate the current leasehold and the proposed expansion area; and stated that other primary tenants on the property are: Mote Marine Laboratory Inc., Gulf Wind Marine, the Pelican Man's Sanctuary, the Outboard Club and the Ski-A-Rees Club; and stated that a radio station is adjacent to the Sailing Squadron. Mr. Kolb displayed a map of the Sailing Squadron on the overhead projector depicting all of the improvements made to the location since the boundaries were first imposed in the 1950s; and stated that improvements include: a wave fence, the main dock, the basin docks, the clubhouse, the pavilion education facilities and the stone house; that one area proposed for expansion is near the radio station; that the land near the radio station is utilized only as a front yard; that two other areas are also included in the proposed expansion; that one area is currently utilized for overflow parking and staging for sailboats, while the other area is occupied by pepper trees and Australian pines but could be cleared and used for storage; that both areas could be used for dry boat storage; that the area near the radio station could be utilized for the instructional boats for the Youth Sailing Program, which is an independent program; that the Sailing Squadron is also interested in locating the American Red Cross Sailing program in the area near the radio station; that currently the Youth Sailing and the American Red Cross Sailing Programs are located near the educational facility which has become congested as the programs have grown. Mr. Kolb continued that Commission consent is necessary for the Sailing Squadron to build on the property; that a variance is required to extend the dock beyond 100 feet; that the proposed projects are: 1) constructing sailboat work areas, 2) maintenance of the docks, 3) placing a culvert in the isthmus, 4) extending the dock which is parallel to the wave fence, and 5) minor dredging of the basin; that consent is requested for these projects because: 1) the docks have fallen into disrepair, 2) a slightly different configuration of the area is necessary to increase the navigability of the basin, and 3) a reconfiguration will allow for handicap accessibility. Mr. Kolb further stated that a planned project is to cut a culvert through the isthmus which will improve the water quality in the basin and make the basin self-dredging so maintenance dredging will not be required; that the culvert will add to the quality of the Bay; that a long-range plan is stewardship of the property and the Bay; that the Sailing Squadron is a good steward by promoting sailing which is more environmentally sensitive to. the Bay than some other uses and by actively working to reduce coastal pollution. Mr. Kolb further stated that a portable pump-out has been purchased, and the Sailing Squadron is currently pursuing a BOOK 38 Page 12076 07/17/95 6:00 P.M. BOOK 38 Page 12077 07/17/95 6:00 P.M. grant to purchase piped pumping equipment; that a lift-station was built at considerable expense and piped into the City's sewer system; that two drain fields have been decommissioned; that sections of the shoreline were bermed to prevent runoff; that the Sailing Squadron is currently investigating development of a full stormwater retention system which will prevent all runoff; that a proposed work area will contain all pollutants derived from any boat maintenance completed on the property; that the use of surface fertilizers and pesticides has been discontinued; that cleaning agents containing phosphates are not used; that members are educated in using environmentally safe products and procedures. Mr. Kresge stated that the Sailing Squadron is required to receive permission from the Commission in order to make leasehold improvements, whether or not a variance is necessary. Mr. Sollenberger stated that is correct; however, the plans for improvement must be submitted to the City Manager for Staff review; that the lease requires plans and specifications must be forwarded to the City Manager; that a review could be made and a report and recommendation could be presented by the City Manager at the next Commission meeting. Mr. Kresge stated that he will forward the plans and specifications to the City Manager; that the immediate goal for 1995 is to place the culvert through the isthmus and repair the floating docks; that permanent finger piers will probably never be built as the facility requires temporary docking because so many sailboats are brought in on trailers; that the intent is to replace the current fixed docks with floating docks. Mayor Merrill stated that the Administration's recommendation refers to a dock variance, a leasehold expansion and the mooring area; and asked if the issues of repairing the floating docks and building a culvert in the isthmus should be referred to the City Manager? Mr. Sollenberger stated that is correct; that the items, i.e., a dock variance, a leasehold expansion and the mooring area, should still be reviewed by the Parks, Recreation, and Environmental Protection Advisory Board; that the items for which Mr. Kresge is requesting immediate approval should be referred to the City Manager; that the Administration could provide a recommendation to the Commission at the next Commission meeting on August 7, 1995. Mayor Merrill asked for clarification as to which issues require an immediate response. Mr. Kresge stated the issues are: 1) building a culvert in the isthmus, and 2) repairing and replacing the floating docks which includes building an additional section of the dock and building a finger pier to be used as a landing ramp to access the floating docks. Mayor Merrill asked if the Administration's recommendation includes Staff review of repairing and replacing the floating docks in the basin and building the culvert in the isthmus. Mr. Sollenberger stated that is correct. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to approve the Administration's recommendation to refer the issues of the dock variance, the leasehold expansion and the mooring area to the Parks, Recreation, and Environmental Protection Advisory Board; and to add that the City Manager is authorized to review and report back to the Commission any Sailing Squadron issues he finds appropriate. Commissioner Patterson asked if a variance is required to construct a culvert in the isthmus and to repair and replace the floating docks? Mr. Kresge stated that is correct. Vice Mayor Cardamone asked if permitting is required to construct the culvert and a turbity screen, as requested by the Sailing Squadron? Mr. Kresge stated that the Sailing Squadron is moving forward on the permitting application; that it has taken 5 years and $40,000 to get this far with the permit application; that a meeting was held with Sailing Squadron members to discuss all the plans for improvements; that one issue which came from the members' meeting is the continued sedimentation in the basin area; that currently, at low tide, 5.5 feet is available at the hoist at the Sailing Squadron; that the Sailing Squadron would prefer to have 10 feet at the hoist; that the Sailing Squadron is amending the permit from DEP to include the culvert, the boat work area and the transformation from fixed to floating docks. Mr. Kolb stated that a turbity screen will be in place through the course of construction to prevent construction-borne debris from entering the water system; that the turbity screen will be removed once the culvert is operational; that the turbity screen is free- flowing and activated by the tide. Commissioner Patterson stated that not much land is left on Ken Thompson Park for use in the public interest; that land was donated to Mote Marine Laboratory Inc. at the edge of the Sailing Squadron; that people should be able to access this waterfront property, which is popular for fishing, in the future; that in addition, competing interests from the Offshore Reef Program, which uses this BOOK 38 Page 12078 07/17/95 6:00 P.M. BOOK 38 Page 12079 07/17/95 6:00 P.M. land for unloading debris, exists; that Ken Thompson Park is a staging area for people to repair seawalls, etc.; that the plan should be finalized if Staff and the Parks, Recreation, and Environmental Protection Advisory Board agree the City can accommodate the Sailing Squadron; that a final plan should balance these public interests; that the City should move forward and capitalize on the use of the Park land; that intelligence and thought should be used in developing a final scenario when designating what can and cannot be provided for these public interests; that the Commission had these public interests in mind when the public hearing process was adopted in relation to giving away public land. Commissioner Pillot stated that he would like to remind everyone that City Island is now called Ken Thompson Park. Mayor Merrill restated the motion as to approve the Administration's recommendation to refer the issue of the leasehold expansion and the mooring area to the Parks, Recreation and Environmental Protection Advisory Board, and to add that the City Manager is authorized to review and report to the Commission any Sarasota Sailing Squadron issues he finds appropriate. Motion carried unanimously (5 to 0) : Cardamone, yes; Dry, yes; Patterson, yes; Pillot, yes; Merrill, yes. The City Commission recessed at 8:28 p.m. and reconvened at 8:35 p.m. 15. CITIZENS I INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) #2 (1946) through (2868) The following people came before the Commission. Jack O'Neil, 4581 Higel Avenue (34242), representing West Coast Inland Navigation District (WCIND), stated that the WCIND has unallocated funds that the Boaters' Action and Information League, Inc. (BAIL) is eligible to receive; that BAIL representatives will receive these funds at the next WCIND meeting; that the decision made by the Commission regarding the issues being sent to the Parks, Recreation and Environmental Protection Board has been made; that it is inappropriate for him to attempt to convince the Commission that another consideration should have been made. Wayne Derr, 2746 Orchid Oaks Drive (34239), was no longer in the Chambers. Dr. Gus Antonini, Gainesville (32611) representing the University of Florida, stated that the pilot program presented by Walter Stilley, President of BAIL, is based on a prior project; that after considerable research, a determination was made that friendly persuasion, i.e., guide books and map materials, influence boater behavior and can effectively lead to a non-regulatory approach to bay water and anchorage management; that he would be happy to make available to the Commission copies of the study conducted by the Florida Sea Grant (FSG) Program at the University of Florida; that he would also be happy to provide a copy of the study to the Parks, Recreation and Environmental Protection Advisory Board; that the FSG Program has funding from the National Oceanic and Atmospheric Administration (NOAA) and is prepared to provide the technical, scientific, and educational support necessary to implement the pilot program; that the focus of the pilot program is on Island Park and Otter Key, which is another anchorage area in the City of Sarasota; that the University of Florida, the FSG Program and staff members from the Florida Marine Research Institute will be involved in active research related to anchorage-type activities, lending technical and scientific support to the program. John MacKay, 1770 Baywood Way (34231), representing the Boaters' Action and Advisory League (BAIL), stated that he is the Vice President of BAIL; that as a County resident, a form of tax is paid in the City through membership to the Sarasota Sailing Squadron; that he owns a 25-foot sailboat and keeps it moored at Ken Thompson Park; that he does not live aboard his boat; that the City of Sarasota is a marine community; that the oldest pictures of the City, some of which adorn the walls of the City Commission Chambers, show ships tied up at the foot of Main Street; that every year the City hosts: 1) a Holiday Boat Parade, 2) the Suncoast Offshore Grand Prix Race, 3) one of the largest sailing Regattas in the nation on Labor Day, 4) numerous regional, national and international Regattas, and 5) many sailing classes. Mr. McKay continued that the City is the home to Mote Marine Laboratory Inc., an internationally known research facility, and many of the largest manufacturers of pleasure crafts in the nation; that Sarasota has received attention for its innovative approaches to waterfront management through national and regional boating publications; that Sarasota may become the model for the entire State for an approach to anchorage management; that articles in the Southwest Florida Anchoring Guide, written by the FSG Program and distributed by BAIL, help in attracting many cruising sailors to the Sarasota area; that Sarasota is becoming a magnet for power boaters and sailboaters; that Sarasota has à limited amount of dockslips and anchorage available for sailboats; that Marina Jack, Inc., currently has only one empty boat slip; that another marina north of Sarasota offers covered slips for power boats but not for sailboats; that limited sailing facilities are offered in Whitaker Bayou which is privately owned; that a person must drive north to Bowlees Creek or south to Osprey to find facilities for docking sailboats; that moored boats in the downtown area and at the Sailing Squadron are a direct result of unavailable docking facilities, although many people prefer to moor further in from the shoreline as opposed to anchoring in a dock slip; that the City looks like a paradise to people who come from the north or to BOOK 38 Page 12080 07/17/95 6:00 P.M. BOOK 38 Page 12081 07/17/95 6:00 P.M. people perusing the brochures or the video provided by the Chamber of Commerce; that many of the views in the Chamber of Commerce's video have sailboats bobbing in Sarasota Bay; that the City should build on the strengths of the Community as a marine environment; that the City should not do anything to reverse this trend or create a non-hospitable situation for sailors and tourists. Mayor Merrill stated that several more people are signed up to speak on the boat issue; that these comments should be addressed directly to the Parks, Recreation and Environmental Protection Advisory Board or to the Commission at a later date; and that the Commission has already taken action on this issue. Stuart Smith, 2819 Country Drive (34231), representing BAIL, stated that he is a Board Member of BAIL; that when the issue is brought back to the Commission, the Commission should view the boats anchored at Island Park in the same way as an historic district or historic building would be viewed for conservation; that anchorage at Island Park is a major asset to the Community, a reflection of the community, and is probably used more than any other image of this community to promote its positive impacts. Mr. Smith presented to the Commission a copy of a brochure published by the Chamber of Commerce and stated that the first page in the brochure includes a picture of sailboats in the Sarasota Bay during the daytime; that the second page in the Chamber of Commerce brochure includes a picture of the sailboats in the Bay at night; that the video produced by the Chamber of Commerce is 8 minutes long and almost 1 minute includes Bayfront activities; that he hopes the City looks favorably on BAIL's proposal when this issue comes back before the Commission. Andrew Egeressy, 760 Dream Island Road, Longboat Key (34228), representing BAIL, stated that he is providing a brief preview to the Commission on what he will address to the Parks, Recreation and Environment Protection Advisory Board; that he is an active member of several Sarasota Bay boating organizations, including the Sarasota Sailing Squadron; that he is Executive Vice President of BAIL and Editor of the Anchorage Guide; that cruising and anchoring in Sarasota Bay aboard his 30-foot sailboat is enjoyable; that some people in Sarasota consider "live aboards," i.e., people who live on their boats, to be undesirable; that some people believe "live aboards" are an eyesore and are non-contributing to society or to the local economyi that some people prefer to ban or severely restrict "live aboards" from Sarasota and the anchorage area at Island Park; that similar concerns regarding "live aboards" have been voiced elsewhere in Florida, notably the Florida Keys; that a reliable, scientific study was completed and can provide input for Florida communities' search for a balanced solution to issues between "live aboards" and land residents; that the study was performed by Dr. Antonini and his associates and published in 1990 by the FSG Program; that "live aboards" in the Florida Keys, a new factor in waterfront development, is the only study of its kind; that the study indicates: live aboards are viewed mostly as temporary visitors, vacationing tourists, drifter migrants, even social dropouts whose legal voting address may be elsewhere. In fact, many live aboards anchor in coastal waters as defacto residents and as members of the local labor force, they are an integral part of the community who participate in the social life, and contribute to the local economy . Mr. Egeressy further stated that the report covers many aspects of "live aboards" including boat types, distribution of people, employment, income and expenditures, services used, and the profiles of "live aboard" boaters; that profiles include a breakdown of permanent or winter people, summer travelers, winter cruisers, and social mavericks; that only 3.2 percent of the total "live aboards" are considered mavericks; that the composite profile shows a very aging population, well-educated in that 23 percent have college degrees, divided between those retired and those participating in the local labor force; that Sarasota is not the Florida Keys, but Sarasota's "live aboards" are not as undesirable as some people may believe; that the bulk of Sarasota's "live aboards" are responsible citizens, retired or working, who contribute to the economy; that he requests the Commission consider Dr. Antonini's study when making a decision about the fate of the "live aboard" people and their boats anchored at Island Park. Dick Pell, 1740 Alderman Street (34236), deferred from speaking. Mike Blaha, P.O. Box 73 (34230), was no longer in the Chambers. Socrates Bireky, P.O. Box 1083 (34230), representing the Boating Publicat Large, stated Mr. Egeressy is a fine gentleman and speaks nicely; that when everything is calm and comfortable, people tend to accept things that creep in and are destructive; that Mr. Egeressy correctly pointed out that derelicts and people who should not live on the waters exist for many reasons, the same as undesirable people living on land; that people who cause trouble should not be allowed to live as "live aboards"; that the majority of "live aboards,' 1 as Mr. Egeressy correctly pointed out, do not cause trouble; that a fox should not be placed in charge of a chicken coop; therefore, the Commission should not consider Marina Jack, Inc., when seeking someone to manage anchorage; that the gentleman in charge of Marina Jack, Inc., is in diametrical opposition to the intentions of this anchorage program; that boaters who are good people should be allowed the same freedoms as our Founding Fathers; that the waterways do not belong to any one particular person but belong to everyone. BOOK 38 Page 12082 07/17/95 6:00 P.M. BOOK 38 Page 12083 07/17/95 6:00 P.M. Commissioner Pillot asked the last time Mr. Bireky spoke with Jack Graham, leaseholder of Marina Jack, Inc.? Mr. Bireky stated he has never spoken with Mr. Graham. Commissioner Pillot stated that he spoke with Mr. Graham approximately one week ago; that he rejects Mr. Berskey's statement of Mr. Graham's diametrical opposition; that Mr. Graham is an honorable, trustworthy, knowledgeable, good citizen of this community; that Mr. Berskey's opinion is rejected since he has never spoken to Mr. Graham. George Southworth, 3749 Amesbury Lane (34232), deferred from speaking. Edward Harding, 1959 South Beneva Road (34232), was no longer in the Chambers. 16. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR THE PROPOSED 1996 COMPREHENSIVE PLAN AMENDMENT MORATORIUM = APPROVED (AGENDA ITEM VIII-1) #2 (2869) through (3129) Sherry Carter, Chief Planner, Comprehensive Division, and Jane Robinson, Director of Planning and Development came before the Commission. Ms. Carter stated that this issue was discussed with the Commission at the May 10, 1995, Special City Commission meeting; that the Commission requested more definitive dates for completion of preparing an ordinance for the moratorium; that the ordinance will affect the entire 1996 fiscal year (FY) cycle; that the Comprehensive Plan process will begin again in November 1996 for the 1997 FY cycle; that the purpose of this work is so Staff can dedicate time to the completion of the Evaluation and Appraisal Report (EAR) and the update of the Comprehensive Plan based upon the public input which will be received this autumn. Ms. Carter referred to a chart on the overhead projector which depicts the schedule for the 1996 EAR process beginning in May 1995 and scheduled to end in June 1996; and stated that at the completion of the EAR process, the Comprehensive Plan update will begin and the proposed completion date is June 1997; that changes recommended during the EAR process will not change the Comprehensive Plan until the amendments are actually completed, therefore, if the 1997 year is planned carefully, the next set of Comprehensive Plan amendments could be based on the new policies. City Manager Sollenberger stated that the Administration recommends directing the City Attorney to prepare an ordinance for a moratorium to be set for public hearing. City Auditor and Clerk Robinson stated that the motion accepting the Administration's recommendation was made at the May 10, 1995, Special City Commission meeting; that the motion was referred to the Administration until dates were provided for the moratorium; therefore, the motion is on the floor. Mayor Merrill stated that the motion has been made and seconded and is now before the Commission. Commissioner Pillot asked for a clarification of the motion on the table. City Auditor and Clerk Robinson cited the following from the Minutes of the May 10, 1995, Special City Commission meeting: On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to direct legal staff to prepare a moratorium for Comprehensive Plan Amendments in 1996 with the understanding that the specific dates of the moratorium be for the shortest time necessary to permit adherence to all statutory requirements and preparation of the EAR by Staff. Commissioner Pillot asked if the dates for the moratorium should be included in the motion? Mayor Merrill stated that if there is no objection, the motion could be changed to reflect those dates. Hearing no objection, Mayor Merrill stated that the motion is changed to include the dates of the moratorium to begin November 1995 through November 1996. Commissioner Patterson stated that she is not happy the Comprehensive Plan Amendments will be delayed for a year; that Staff was advised to make the procedures as short as possible. Mayor Mérrill restated the motion as to authorize the legal staff to prepare a moratorium for Comprehensive Plan Amendments from November 1995 through November 1996 which allows for adherence to all statutory requirements and preparation of the Evaluation and Appraisal Report (EAR) by Staff. Motion carried unanimously (4 to 1): Cardamone, yes; Dry, yes; Patterson, yes; Pillot, yes; Merrill, no. 17. REMARKS OF COMMISSIONERS. ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION TO DRAFT A LETTER FOR THE COMMISSION TO THE SARASOTA HERALD-TRIBUNE CONCERNING NOT PRINTING AN ANTI-PROTIZUTIONK ADVERTISEMENT ADMINISTRATION TO REVIEW THE THE BIK-MILE-PIR-HOUR SPEED LIMIT IN THE BAY TO INCLUDE MANATEE HABITATS; ADMINISTRATION TO REVIEW PLANTING CREPE MYRTLES NEAR BURNS COURT: ADMINISTRATION TO REVIEW THE LAND BOOK 38 Page 12084 07/17/95 6:00 P.M. BOOK 38 Page 12085 07/17/95 6:00 P.M. DEVELOPMENT REGULATIONS (LDRS) PROCESS TO LEARN IF COMMISSION MAY RECEIVE PLANNING BOARD INPUT PRIOR TO RECEIVING THE FINAL LDR (AGENDA ITEM X) #2 (3130) through #3 (0312) VICE MAYOR CARDAMONE: A. stated that she wants to involve the Commission in the anti-prostitution advertisement submitted for publication to the Sarasota Herald-Tribune; that Gordon Jolly, Chief of Police Services Bureau, Public Safety Department, provided her with a copy of the two-column, 4-inch advertisement which had been denied publication by Lynn Matthews, Publisher, Sarasota Herald-Tribune. Vice Mayor Cardamone distributed copies of the advertisement to the Commission; and stated that the advertisement contained information nearly verbatim from the Police reports of arrests of customers of prostitutes; that denying publication of these reports is interesting since the City has worked so hard to eliminate the prostitution problem on North Tamiami Trail. Commissioner Pillot thanked Vice Mayor Cardamone for bringing this issue to the attention of the Commission; and stated that he has read Police Chief Jolly's letter as well as the advertisement denied by the Sarasota Herald-Tribune; that he has discussed this issue briefly with Police Chief Jolly; that he intends to write a personal note on City stationery to inform Mr. Matthews of his regret regarding the decision not to print the anti-prostitution advertisement. Mayor Merrill stated that the City Manager could write a letter to Diane McFarlin, Executive Editor of the Sarasota Herald-Tribune, explaining what the Commission has done in regards to alleviating prostitution, especially on the North Tamiami Trail; that one comment made by the press from the Sarasota Herald-Tribune is that these people were arrested and not convicted of any crime; that he does not know if the policy has changed at the Sarasota Herald- Tribune, i.e., only printing the names of people who have been convicted, but, if the policy has changed, coverage of O.J. Simpson and Susan Smith, two murder cases publicly debated on television, would no longer occur; that he does not think this is the policy of the Sarasota Herald-Tribune; that he gets frustrated when the newspaper prints advertisements for cover organizations for prostitution; that the Sarasota Herald-Tribune should refuse to print these advertisements in an attempt to begin the process of cleaning up America; that a prostitution case is very difficult to convict; that many judges do not want to spend time on these cases; that one of the few ways society has of effectively stopping prostitution is by public ridicule which works; that the newspaper has a large audience; that it is difficult to expect the Commission to stop crime when the City's newspaper refuses to print advertisements, such as the one submitted by Police Chief Jolly. Commissioner Patterson stated that the City Manager should write a letter to Ms. McFarlin to be signed by the Mayor indicating the Commission's opinion toward the newspaper for not printing Police Chief Jolly's advertisement; that the letter will also serve as information to Mr. Matthews on how the Commission views the prostitution issue. Vice Mayor Cardamone stated that when someone has been arrested, a follow-up newspaper article indicating that the person was not convicted is not printed; that in fact, being arrested is the only publicity many suspects ever receive; that generally the follow-up stories about their placement in the criminal justice system are ignored; that several years ago she had indicated that eliminating the customer is easier than eliminating the business of prostitution. Commissioner Pillot stated that he agrees. Commissioner Patterson asked if prostitution cases in the City are prosecuted through the City Attorney's office? City Attorney Taylor stated that prostitution cases were once handled by the City Attorney's Office; that problems occurred when the Loitering for Unlawful Purposes Ordinance was ruled unconstitutional, that prostitution is now prosecuted under the State Statutes, therefore, the State Attorney's Office handles these cases. Commissioner Patterson asked if the State Attorney's Office has been successful in prosecuting prostitution cases? City Attorney Taylor stated that during the time when the City Attorney's Office handled all prostitution cases, it was found that the cases became a revolving door, i.e., the prostitute pleads no contest, was. ordered to pay a minor fine, was sentenced to time against time already served, and was back on the street; that attempting to convict prostitutes is demoralizing as the penalties are not severe enough to act as a deterrent. B. stated that a problem has occurred in regard to the six- mile-per-hour (mph) speed limit within 150 feet of seawalls and docks in manatee habitat areas; that she will discuss this issue with V. Peter Schneider, Deputy City Manager; that some modification to the ordinance regarding the six-mph speed limit within 150 feet of seawalls and docks may be required. Commissioner Patterson asked what problem has occurred? BOOK 38 Page 12086 07/17/95 6:00 P.M. BOOK 38 Page 12087 07/17/95 6:00 P.M. Vice Mayor Cardamone stated that a large manatee protection zone exists at the end of the second John Ringling Causeway Bridge which extends almost to the Sailing Squadron area; that boaters approach the sign stipulating the six-mph speed limit and drive their boats further out from the shoreline to avoid slowing down; that the manatee zone is further out than the designated 150 feet from the shoreline speed limit; that a map of the manatee habitats must be studied and the ordinance should be modified to include manatee protection as well as shoreline protection. Commissioner Pillot stated that the ordinance may not require changing; that placing the signs for the six-mph speed limit to include the manatee zone may be all that is necessary. City Manager Sollenberger stated that he will review the ordinance to determine if changes are necessary. C. stated that during the presentation of the "Employee of the Month" and other presentations, the presenters and those receiving awards have their backs to the Commission; that the Commissioners do not always pay attention to the presentations; that the Commissioners tend to get coffee during this portion of the meeting or talk with other Commissioners or shuffle papers; that she prefers having the presentations near the flags in order to make eye contact with the presenter as well as those receiving the awards; that the Commission would demonstrate more of an interest in the awards if eye contact were made; that another location in the Chambers should be sought if the location near the flags is awkward; that another site should be found for the Mayor where the presentation can be enjoyed by both the Commission and the audience. Mayor Merrill stated that Vice Mayor Cardamone has made a valid point in that a perfect place to have presentations does not exist; that he believes the actions of the Commissioners during the presentations occurred even when the presentations were made near the flags; that the natural place to receive an award is in the center or focal point of the Chambers; that the current presentation location is good for presenting an award or citation to only one person; that presenting awards or citations to more than one person is less desirable, as the recipients must place their backs to the Commission; that he will attempt to be more sensitive to the needs of the Commission when making presentations; that he will attempt to stand off to the side of the table to avoid blocking the view of the Commissioners; that problems may continue when a large group of people come down to accept an award; that the room is not designed for presentations. *W'd 00:9 S6/LT/LO 880Z1 abed 8E XOO8 buraq 07 suetd Jjezs queuazedaa buruueld a4z zeyz uzapuoo e burgeoypuy Kouaby (aTad) buruuetd Tepo1/preog buruuetd a47 Jo zaquaur e woay ebessou e paArapaz ays 7247 pazezs 8 MaTAaI zeyzang JOJ vofge1asTupupv ay7 07 panega ST eaze eweuro ninoo suang 047 Ieau sat7IXur adao burquetd 'suoyaoafqo ou burreay zeyz pazezs IITaIeW JoKew uopge12ST4pWPV a47 07 ensst ST47 burazogor 07 suorapafqo Kue pey uorssyuwoo 047 IT paxse IITIIOW IoKew aur? zeyz ze sburauerd 0a17 047 uo Keuour. Burpuads jo azoddns-uou IO roddns Burpieba uopsppop e aseur ptnoo uoyssyuuoo 04z pue gabpnq a4z Jo uorzzod (dIo) ueld quauaAoIdur TeaTdep 047 buranp passnostp pq pinoo ansst ST47 zeyz !sabpnq BUTMOTAOI Jo ssapoad 047 uT ST K2to 0uz se 'aura ST47 7e roddns burasenba Aryiessepeu pou 'abeuew K7TO 047 07 anssT s1y7 zejaz 07 Kazungzoddo a47 axTT pInom ays 7e47 !zood ST sxTemaprs asay? Jo sorgeyasoe a47 zeyz poAartaq sKemte seu ays zeyz poysrrqeass ST uezsks burzezem e ITaun buriegen puey JoJ eDueMoIte ue 471M eaze a47 ug satzzXur adeio obet DATI quetd 07 001'9$ aq pinom 7500 047 pegeoypur urezunow IW 7ey7 !zabeuew 07SEM PTIOS 3 aoueuegupew adeospueT 'szaas 'uregunow auena 07 ansst sTy7 panaga aebeuew K2To eyz 7eyz !arqeipsap ST eae ST47 UT saa17 azour burquetd burgeotpur uoraeaastugupy au7 07 pazzegez ays yo7ym 'zaggat e paArepaz pey ays 7eu7 leaze 047 Jo sorgayasoe 047 panoiduy yorym 0a17 e paquetd pue eare ue ano panzeo IauMO doys auo zeuz !sburauetd JoJ MOITE 7ou op yo7ym sburptynq a47 07 burqano 047 woIy egaouop PTIoS sopnIour eaze ewauro ainoo suang 047 07 quepefpe enuaAy eIddeaurd uo pegonzasuo Temapts 047 7eu7 pazezs "V :NOSHSLYd BENOISSIHNOS *soazbe ay 7eu7 pazezs IITIIOW IoKew suoraeauesead burseur uaym yoeoidde ST47 KI2 ptnoys uorsstuuop 047 7ey7 !atqez 047 IBAO burueat Jo peazsur puey squardyoer paeme a47 axeys 07 Karungzoddo 047 OARy pInom uofssyuuoo a47 zeyz pazezs auowepzes IoKew OOTA queITODXO ST eapt SotLyd ouofssyuuoo 2eyz pazezs uosIenzed Iouorssyuoo uorssyuoo 0uz Jo aed ay7 uo zoadsaz azour ageiasuowep pInom suopaeguasezd, eyz yozem 07 burpuezs pue atqez uorsstuuoo 047 Jo quoay 0y7 07 burob 7eyz ispieme buradaope aTdoad asou? apey pue puezs 07 OuTIIyM uey? ajour aq pinom au 7ey7 sIouoTsSyuo 0uz 477M peuoo ake upeaurew 02 papo ur sbetz 047 Ieau suoaequesed aAeb uosiezzed auorssyuwoo 12u7 pageis oItId rouorssyuoo BOOK 38 Page 12089 07/17/95 6:00 P.M. back to the Commission the question of what issues involving the update of the Land Development Regulations (LDRs) the PBLP should or should not address; that the PBLP member was apparently of the impression that the LDRS were to be brought directly back to the Commission without any input or review from the PBLP per the instructions of the Commission; that she does not recall any discussion about the question but prefers the LDRs be reviewed by the PBLP for comments and input if possible as part of the process. Vice Mayor Cardamone asked if the plan includes réceiving input from the PBLP? Commissioner Patterson stated that she does not believe it is part of the plan but she would like it to be, if possible. Mayor Merrill stated that the City Manager could review the plan and provide the Commission with the process to be followed for the update of the LDRs; that an official process has been established which could be revised if it does not include having the Commission receive comments from the PBLP. City Manager Sollenberger stated that the Administration will review the plan and provide a report to the Commission. COMMISSIONER PILLOT: A. thanked the City Auditor and Clerk's Office for the improvements made to the Agenda packet; and stated that the changes make it easier to flip to each section of the Agenda packet quickly; and asked City Auditor and Clerk Robinson to pass on this "thank you" to his Office staff. City Auditor and Clerk Robinson stated that he would do so. 18. ADJOURN (AGENDA ITEM XII) #3 (0313) There being no further business, Mayor Merrill adjourned the regular meeting of July 17, 1995, at 9:15 p.m. 264 A a DAVID MERRILL, MAYOR ATTEST: I3illy & Robenson BILLY E7 ROBINSON, CITY AUDITOR AND CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Patterson, Nora Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 707 Freeling Drive XX CITY COUNTY i1 OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL: SUBDIVISION: Sarasota, Sarasota City of Sarasota DATE ON W'HICH VOTE OCCURRED MY POSITION IS: July 17, 1995 XXELECTIVE 1 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 eleçted 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. CE FORMI *B I0)-6 PAGE I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. Yous should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S NVEREST I, Nora Patterson hereby disclose that on July 17, 19. 95 (a) A measure came or will come before my agency which (check one) X 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: A vote was taken to approve the site plan for a foutain to be constructed at Island Park. The fountain is being donated by Jack Graham, Inc. My husband's law firm represents Jack Graham, Inc. July 28, 1995 Hova hluten Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317 (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