MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 20, 2000, AT 6:00 P.M. PRESENT: Mayor Gene M. Pillot, Vice Mayor Albert F. Hogle, Commissioners Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: Commissioner Mollie C. Cardamone PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Pillot stated that learning of the death of Kim Patterson Murphy November 19, 2000, was saddening; that Ms. Murphy was the daughter of John and Nora Patterson; that Ms. Patterson was a Commissioner and Mayor and now sits as a County Commissioner; that a moment of silence will be observed in honor of Ms. Murphy and as an expression of sympathy to the family. Mayor Pillot stated that as a long-time close friend of the Patterson family, condolences are also extended to Ms. Murphy's husband, Brian Murphy. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0035) through (0088) City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Add under Consent Agenda 1, Item No. III A-7, Approval Re: Monthly report on activities from the Downtown Association of Sarasota, Inc. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. BOOK 48 Page 20306 11/20/00 6:00 P.M. BOOK 48 Page 20307 11/20/00 6:00 P.M. 2. APPROVAL RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF OCTOBER 23, 2000, AND THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 6, 2000 APPROVED (AGENDA ITEM I) # 1 (0088) through (0095) Mayor Pillot asked if the Commission had any changes to the minutes? Mayor Pillot stated that hearing no changes, the minutes of the Special Sarasota City Commission meeting of October 23, 2000, and the Regular Sarasota City Commission meeting of November 6, 2000, are approved by unanimous consent. 3. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3,4, 5, 6, AND 7 APPROVED (AGENDA ITEM III-A) # 1 (0095) through (0112) 1. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute the Third Amendment to Agreement between the City of Sarasota and Post, Buckley, Schuh & Jernigan, Inc., for Professional Consulting Engineering Services, (RFP #96-24H) relating to the evaluation and design of a sanitary sewer rehabilitation program located within the southwest collection system 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Martin Oldja and Florika Oldja for water service for a developed site located at 2845 Hawthorne Street 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Robert W. McDonald, Jr. for water service for a developed site located at 2907 Hyde Park Street 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Janet M. Carson for water service for a developed site located at 3007 Arlington Street 5. Approval Re: Monthly report on Greater Downtown Sarasota Action Team activities during October 2000 6. Approval Re: Monthly report on activities conducted on the Urbaculture site during October 2000 7. Approval Re: Monthly report on activities from the Downtown Association of Sarasota, Inc. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 7, inclusive. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 4. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1319) ADOPTED; ITEM 2 (RESOLUTION NO. 01R-1321) - ADOPTED; ITEM 3 (RESOLUTION NO. 01R-1322) ADOPTED; ITEM 4 (RESOLUTION NO. 01R-1323) ADOPTED; ITEM 5 (RESOLUTION NO. 01R-1324) - ADOPTED; ITEM 6 (ORDINANCE NO. 00-4249) - ADOPTED; ITEM 7 (ORDINANCE NO. 00-4274) ADOPTED; ITEM 8 (ORDINANCE NO. 00-4275) - ADOPTED; AND ITEM 9 (ORDINANCE NO. 00-4277) - ADOPTED (AGENDA ITEM III-B) #1 (0112) through (0406) 1. Adoption Re: Proposed Resolution No. 01R-1319, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated therein; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 01R-1321, authorizing the Finance Director of the City of Sarasota, Florida to investigate the potential advance refunding of the City of Sarasota, Florida, Water and Sewer System Revenue Refunding Bonds, Series 1992 with a loan from the City of Gulf Breeze, Florida, Local Government Loan Program; etc. (Title Only) 3. Adoption Re: Proposed Resolution No. 01R-1322, appropriating $12,200 from the Special Law Enforcement Trust Fund (forfeitures) to provide funds to purchase a Digital Identification Card System. Now, therefore, be it resolved by the City Commission of the City of Sarasota, Florida: Section 1. There is hereby appropriated $12,200 from the Special Law Enforcement Trust Fund (forfeitures) to provide funds to purchase a Digital Identification Card System. 4. Adoption Re: Proposed Resolution No. 01R-1323, appropriating $16,700 from the Special Law Enforcement Trust Fund (forfeitures) to provide funds to send two supervisory officers to the 29th Command Development Course sponsored by the Southern Police Institute. Now, BOOK 48 Page 20308 11/20/00 6:00 P.M. BOOK 48 Page 20309 11/20/00 6:00 P.M. therefore, be it resolved by the City Commission of the City of Sarasota, Florida: Section 1. There is hereby appropriated $16,700 from the Special Law Enforcement Trust Fund (forfeitures) to provide funds to send two supervisory officers to the 29th Command Development Course sponsored by the Southern Police Institute. 5. Adoption Re: : Proposed Resolution No. 01R-1324, appropriating $40,000 from the Special Law Enforcement Trust Fund forfeitures) to provide funds to pay one year's rent, alarm, and phone service for an off-site location used by the Vice/Narcotics Section. Now, therefore, be it resolved by the City Commission of the City of Sarasota, Florida: Section 1. There is hereby appropriated $40,000 from the Special Law Enforcement Trust Fund (forfeitures) to provide funds to pay one year's rent, alarm, and phone service for an off-site location used by the Vice/Narcotics Section. 6. Adoption Re: Proposed Ordinance No. 00-4249, adopting by reference a revision and reprinting of the Zoning Code (1998 ed.) of the City of Sarasota, Florida; providing for the placing of copies of the same on file with the Office of the City Auditor and Clerk for public use, inspection and examination; stating the intent of the City Commission in adopting the revision and reprint of the Zoning Code (1998 ed.); providing that prosecutions begun under the previous version of the Zoning Code (1998 ed.) may be continued; providing for the severability of the parts hereof and the parts of the reprinted Zoning Code (1998 ed.); etc. (Title Only) 7. Adoption Re: Proposed Ordinance No. 00-4274, providing for the designation of the structures located at 2035 Fruitville Road, historically known as the Wiley C. and Edith Steakley House, as structures of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; etc. (Title Only) (Application No. 00-HD-09, Applicant Mikki Hartig, as Agent for James E. Wallace, TTEE, Owner) 8. Adoption Re: Proposed Ordinance No. 00-4275, providing for the designation of the structure located at 3459 Seagrape Drive, historically known as the Remsen House, as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; etc. (Title Only) (Application No. 00-HD-10, Applicant Mikki Hartig, as Agent for David Halpin, Owner) 9. Adoption Re: Proposed Ordinance No. 00-4277, amending Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, of the Code of Ordinances of the City of Sarasota, adding Section 24-117, Deferred Retirement Option Plan; repealing all ordinances in conflict herewith; providing for severability of the parts hereof if declared invalid; etc. (Title Only) City Auditor and Clerk Robinson read proposed Resolution Nos. 01R-1319 and 01R-1321 by title only, proposed Resolution Nos. 01R-1322, 01R-1323, and 01R-1324 in their entirety, and proposed Ordinance Nos. 00-4249, 00-4274, 00-4275, and 00-4277 by title only. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 9, inclusive. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Mayor Pillot requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. Mayor Pillot stated that Staff is required to take an oath if speaking at quasi-judicial public hearings; however, Staff is not expected to take an oath if speaking at non-quasi judicial public hearings. Mayor Pillot requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that one quasi-judicial public hearing is scheduled on the Agenda; that quasi-judicial public hearings are required by ruling of the State court system for matters involving private interests in land and proceed with more formality than the other public hearings in which the Commission sits in a legislative BOOK 48 Page 20310 11/20/00 6:00 P.M. BOOK 48 Page 20311 11/20/00 6:00 P.M. capacity; that during quasi-judicial public hearings, the Commission is required to base any decision on competent, substantial evidence; that several different categories of parties may be involved in quasi-judicial proceedings; that the Applicant and the City will be heard; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cros8-examination, that the public will also have a right to speak concerning the matter; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi-judicial public hearing will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission. 5. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED NORTHEAST SARASOTA TRAFFIC CALMING TASK FORCE'S MASTER PLAN APPROVED (AGENDA ITEM IV-A-1) # 1 (0406) through (0845) Mayor Pillot stated that the public hearing concerns the Northeast Sarasota Traffic Calming Master Plan (Master Plan). Alexandrea Hay, Deputy Director of Engineering/Deputy City Engineer, Jo-Ann Hillman, Chairman, Northeast Sarasota Traific Calming Task Force, and Linda Sylvain, Director, Alta Vista Neighborhood Association, came before the Commission. Ms. Hay referred to slides concerning the Master Plan included in the Agenda backup material and displayed on the overhead projector indicating area streets and recommended projects and costs, and stated that the Northeast Sarasota Traffic Calming Task Force (Task Force) was formed on November 9, 1999, and includes residents living in the Ringling Park, Paver Park, and Alta Vista neighborhoods; that the study area includes the boundaries of the three neighborhoods; that Ringling Park is bordered by Fruitville Road, School and Tuttle Avenues, and Belvoir Boulevard; that Paver Park is bordered by Shade Avenue, Belvoir Boulevard, the railroad tracks, and Tuttle Avenue; that Alta Vista is bordered by Sarasota High School, the railroad tracks, and Tamisola Drive; that the Task Force held the first meeting in November 1999; that an overview of the traffic calming program was presented and the time and date of monthly meetings was selected; that each Neighborhood Association informed members of the initial meeting and issued invitations; that notices of upcoming meetings were sent to persons attending past meetings; that an item of business for the Task Force was the election of the Task Force Chairman, Jo-Ann Hillman, on January 11, 2000. Ms. Hay continued that the Task Force discussed the traffic concerns regarding several streets; that traffic counts were conducted; that a street must meet three of five traffic calming warrants for eligibility for the construction of traffic calming measures as part of the City's traffic calming program; that the streets which require traffic calming were determined and include Wood Street, Shade Avenue, Ringling Boulevard, Briggs Avenue between Ringling Boulevard and Fruitville Road, and Main Street between Ringling Boulevard and Limé Avenue; that some areas which did not meet the warrants received attention by the addition of more speed limit signs and "Children at Play" signs; that the Task Force focused on the streets which meet the traffic calming warrants to develop a master plan to reduce speed and volume of traffic on the streets. Ms. Hay further stated that the initial Master Plan developed by the Task Force included: gateway medians on Ringling Boulevard, one west of Tuttle Avenue to notify westbound drivers of approaching the residential area and one between Shade and Lime Avenues to notify drivers of leaving Downtown and entering a residential area; a neckout at the intersection of Ringling Boulevard and Main Street to require drivers to reduce speed; an intersection modification at the intersection of Jefferson Avenue, Colorado Street, and Ringling Boulevard to notify drivers of entering a residential area; two gateway tables on Wood Street, one west of Tuttle Avenue and one between School and East Avenues; and two additional speed asphalt tables on Wood Street between School and Shade Avenues as drivers speed up along this section of Wood Street. Ms. Hay stated further that an open house was held on June 6, 2000, to allow residents in the area to review the proposal and indicate preferences; that the preferred options included a neckout with walkways at Ringling Boulevard and Main BOOK 48 Page 20312 11/20/00 6:00 P.M. BOOK 48 Page 20313 11/20/00 6:00 P.M. Street, medians on Ringling Boulevard, speed asphalt tables on Wood Street, and a modified traffic circle at the intersection of Ringling Boulevard, Colorado Street, and Jefferson Avenue; that a meeting was held on July 31, 2000, to receive additional input and allow neighborhood residents to view the response from the June 6, 2000, meeting; that several comments were received; that one comment was the proposed long median on Ringling Boulevard between Lime and Shade Avenues should be recontigured to several smaller medians to allow for driveway access in the center of the block; that a request was also made for a bicycle lane on Ringling Boulevard between Tuttle and Lime Avenues. Ms. Hay stated that the Task Force modified the initial Master Plan to reflect public input, evaluated options and costs, and decided not to pursue the traffic circle modification at the intersection of Ringling Boulevard, Colorado Street, and Jefferson Avenue, at this time; that the Master Plan currently includes the two gateway medians on Wood Street, one west of Tuttle Avenue and one between East and School Avenues, the addition of two asphalt speed tables between School and Shade Avenues, three medians on Ringling Boulevard, a neckout at Main Street and Ringling Boulevard, and a bicycle lane on Ringling Boulevard between Tuttle and Lime Avenues; that the Master Plan is only a concept plan; that if approved, Staff will work with the various organizations in the area to refine the design and receive additional input; that a follow-up study will be conducted aiter the implementation of the Master Plan to determine success. Ms. Hillman stated that the request is for the Commission to approve installation of two gateway speed tables and two asphalt speed tables on Wood Street between East and Tuttle Avenues, the design and installation of three medians on Ringling Boulevard, neckouts on Main Street, and bicycle lanes. Ms. Hay stated that correspondence was received in favor of the traffic calming project and distributed and referred to a November 14, 2000, letter included in the Agenda backup material from Elissa Mirabelli for the Alta Vista Neighborhood Association indicating Alta Vista Neighborhood board members and community members participated in the regular meetings of the Task Force and support the proposed Wood Street traffic calming measures for two raised gateway speed tables and two raised asphalt speed tables. Ms. Hay distributed and referred to a November 8, 2000, letter from Maureen and Bill Witt to the Commission indicating the Commission's help in obtaining speed tables on Wood Street between School and East Avenues would be appreciated. Ms. Hillman stated that the Commission is thanked for allowing participation in the process; that the opportunity has been educational and fun; that making the City a better place to live is desirable. Commissioner Quillin stated that meetings of the Task Force were attended; that severe traffic accidents occur at the intersection of Shade Avenue and Ringling Boulevard; that the area should be evaluated for modifications; and asked the reason the intersection of Shade Avenue and Ringling Boulevard was not included in the presentation? Ms. Hay stated that some requests have been received to improve the northbound right turn on Shade Avenue to eastbound Ringling Boulevard. Commissioner Quillin stated that the recommendation from residents is to stop the right turn which causes accidents; that another area of concern is Wood Street between Shade and School Avenues which has some new ownersi that a solid double yellow line has been requested for Wood Street by the neighborhood as drivers speed to pass each other; and asked if a solid double yellow line on Wood Street is included in the recommendation? Ms. Hay stated that a solid double yellow line is not included in the Master Plan but may be added if the Wood Street representatives desire. Commissioner Quillin stated that the Wood Street residents believe the solid double yellow line will make a difference. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Manager Sollenberger stated that the Administration recommends approving the Northeast Sarasota Task Force Traffic Calming Master Plan and authorizing Staff proceed with the installation of two gateway speed tables and two asphalt speed BOOK 48 Page 20314 11/20/00 6:00 P.M. BOOK 48 Page 20315 11/20/00 6:00 P.M. tables on Wood Street and the design of the Ringling Boulevard and Main Street Projects as proposed. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve the Northeast Sarasota Task Force Master Plan. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Commissioner Quillin stated that the Task Force has been anxious to present the Northeast Sarasota Traffic Calming Master Plan to the Commission; that the personal recommendation was to wait and allow Staff to place the item on the Agenda during a meeting without extensive business; that presenting without rushing is easier; that the hard work of the Task Force is appreciated. Mayor Pillot stated that hearing the enjoyment and productivity of the members is uplifting. 6. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4281, AMENDING CHAPTER 2, ARTICLE V, DIVISION 5, SECTION 2-309, JURISDICTION, OF THE SARASOTA CITY CODE, TO PROVIDE FOR JURISDICTION AND AUTHORITY OF THE CODE ENFORCEMENT SPECIAL MASTER OVER VIOLATIONS OF CHAPTER 33, ARTICLE X, PERTAINING TO THE TOWING OF VEHICLES; CREATING CHAPTER 33, TRAFFIC AND MOTOR VEHICLES, ARTICLE X, TOWING OF VEHICLES, OF THE SARASOTA CITY CODE; ETC. (TITLE ONLY) - PASSED ON FIRST READING, DELETING SECTION 33-286 PROHIBITING CRUISING AND AMENDING SECTION 33-288 TO CHANGE THE MAXIMUM RATE FROM $75 TO $50 (AGENDA ITEM IV-A-2) # 1 (0845) through (2159) Mayor Pillot stated that proposed Ordinance No. 01-4281 is to establish maximum rates for the towing and storage of vehicles from private property. Gordon Jolly, Chief of Police, Sarasota Police Department (SPD), I and Mark Singer, Attorney, City Attorney's Office, came before the Commission. Chief Jolly stated that proposed Ordinance No. 01-4281 is the result of complaints received from citizens beginning July 4, 2000, at which time a significant number of vehicles were towed from posted private property parking lots Downtown; that State law allows property owners to contract to tow vehicles from private property; that the number of complaints increased dramatically at the time businesses at Links Plaza opened; that several businesses around Links Plaza posted signs and contracted with towing companies to check private property parking lots at night; that specific complaints received did not concern the towing of vehicles but rather the amount being charged to retrieve the vehicles which was from $120 to $160 plus other charges such as $25 for calling the towing company; that other complaints were towing companies did not allow people to open their vehicles to retrieve credit cards and accepted only cash; that the amount which can be charged by towing companies should be regulated; that the right of property owners not to have vehicles parked on their property if properly posted is recognized; however, the amounts currently charged are excessive; that the manner in which the towing companies were dealing with citizens is not in the best interest of anyone; that the City Attorney's Office was requested to draft an ordinance concerning the towing of vehicles from private property. Attorney Singer stated that proposed Ordinance No. 01-4281 is derived in part from ordinances in Orlando and Daytona Beach, Florida; that in accordance with Section 166.043 (b), Florida Statutes, which authorizes municipalities to enact an ordinance establishing maximum fees for towing from private property, proposed Ordinance No. 01-4281 sets a maximum rate of $75 for towing vehicles with a weight of less than 10,000 pounds which includes most passenger vehicles and provides for a maximum storage fee of $20 per day commencing 6 hours after the vehicle is towed; that the 6-hour time period is consistent with the. County's regulations; that the County has a rotation towing ordinance which provides for the towing of vehicles involved in accidents or otherwise towed at the direction of the Sarasota County Sheriff's Department; that the County's storage rates begin at 6 hours; that the County's towing rate is $85; that the City's proposed rate is $75; that the difference in the rate, as recommended by SPD, is trucks towing from private property will not be required to conduct accident-scene cleanup; that the $75 rate is considered reasonable. Attorney Singer continued that an attempt was made to make proposed Ordinance No. 01-4281 consistent with the County's regulations to allow the towing companies ease of adjustment; that proposed Ordinance No. 01-4281 does not allow for the imposition of any other fees except for an administrative fee of $35 in accordance with the Florida Statutes if the towing company must send a certified letter to the owner or lien holder of a vehicle which has been held more than 6 days and a fee of BOOK 48 Page 20316 11/20/00 6:00 P.M. BOOK 48 Page 20317 11/20/00 6:00 P.M. $25 for a release of the vehicle after 6 p.m. but before 8 a.m. Monday through Saturday or anytime Sunday; that the total allowable towing fees are: the towing fee of $75, the storage fee of $20, and the after-hours release fee of $25; that the additional $35 fee is only charged if the vehicle is not claimed within 6 days. Attorney Singer further stated that the proposed ordinance provides for adoption by reference of Chapter 715, Florida Statutes, which already regulates signs posted on private property; that Section 715.07 (2) (a) (5) (b), Florida Statutes, provides regulations concerning signage as follows: b. The notice must clearly indicate, in not less than 2-inch-high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense. The words "tow-away zone" must be included on the sign in not less than 4-inch-high letters. Attorney Singer stated further that the regulations concerning signs will be enforced through code enforcement if proposed Ordinance No. 01-4281 is adopted; that an initial survey of the signs especially in the Downtown area will be incorporated in Staff's daily routine; that property owners who do not comply with Section 715.07 (2) (a) (5), Florida Statutes, will be given time to correct and make the signs conform and thereafter be issued code enforcement citations; that proposed Ordinance No. 01-4281 grants jurisdiction to enforce the ordinance to code enforcement which provides for the quickest results; that people respond quickly to citations which include an immediate fine of $50; that unpaid code enforcement fines are reduced to a lien which is recorded in the public record as property rights are affected; that the public should know the arrangements between towing companies and owners of private property; that the proposed ordinance provides the property owner must have a written agreement with the towing company which is filed with SPD along with the current rate structure including maximum rates; that towing companies may charge less than the maximum rate; that the proposed ordinance includes certain common sense elements; that the rates and agreements are filed with SPD as a public record sO citizens may request a copy and inform themselves; that citizens can file a complaint with SPD or code enforcement if something is incorrect concerning the towing, the rate, or the amount charged. Attorney Singer stated that proposed Ordinance No. 01-4281 also provides the towing company must keep certain records which is a similar provision to the City's regulations for pawn shops; that towing companies must keep records of tows and storage which will be inspected periodically by representatives of SPD during regular business hours; that SPD can investigate if a complaint is filed; that the proposed ordinance provides a citizen can obtain an invoice of charges whether the vehicle is retrieved or not; that the towing company must indicate to the vehicle owner the fee owed; that the rate sheet can be examined at SPD; that an itemized receipt must be given to the vehicle owner upon payment; that complaints may be filed with SPD; that a mechanism will be developed to determine compliance; that a provision prohibiting cruising, which is found in some municipal codes and prohibits a wrecker from driving the streets looking for a vehicle to tow, was included in the original proposed ordinance; that a question after the ordinance was circulated in SPD was if "cruising" is the same as loitering for no lawful purpose" while driving a wrecker; that cruising is not the focus of the regulation; that the request is for the Commission to pass proposed Ordinance No. 01-4281 on first reading omitting Section 33-286, Cruising Prohibited, which will be removed from the title and the body of the proposed ordinance for second reading. Vice Mayor Hogle asked the provisions for paying with a credit card. Attorney Singer stated that the proposed ordinance does not have a provision requiring a certain method of payment; that a recommendation from SPD was to require the towing company accept cash, check, and credit cards; that research was done concerning the legality of requiring a certain form of payment; that many companies choose not to receive credit card payment; that requiring towing companies to accept credit cards and checks is excessive regulation; that business should decide the manner of acceptable payment sO long as the towing company abides by the maximum rates; that the concern is understood; that often people do not have cash available at the time the vehicle is towed; however, the widespread availability of automatic teller machines (ATMs) must be considered; that taxi cabs are available in the City so most citizens can be accommodated even late at night; that a question is the degree to which the City should be involved in the actual operations of the towing business; that reducing the rates to $75 should be sufficient to resolve the issue; that the matter can be revisited if the problem persists. BOOK 48 Page 20318 11/20/00 6:00 P.M. BOOK 48 Page 20319 11/20/00 6:00 P.M. Vice Mayor Hogle asked the basis for the $75 fee? Attorney Singer stated that initially, the maximum fee was established at $85 based on the County's rate for towing vehicles from accident scenes; that the City has a contract with Direct Towing Service to perform Police-directed tows in the City for $75; that $75 is only the cost of the tow as the towing company does not have to conduct accident-scene cleanup. Commissioner Quillin stated that the fee is not only $75; that another $25 will be due for the majority of tows, which are those occurring after business hours; that towing companies work 24 hours a day; that the towing companies have private contracts with property owners; that most telephone calls received regarding towing were at night as people were returning from dinner to discover vehicles had been towed; that the $25 fee for after-hours retrieval of vehicles is a problem; that the towing companies have contracted to provide a service and should be concerned with two different groups: 1) the property owners and 2) the owners of the vehicles; that towing is contracted as a 24-hour service; that the total fee would be $100; that the telephone calls received were from people having dinner at a restaurant located at Links Plaza after a function at Marie Selby Botanical Gardens; that some people did not have to pay for the tow; that some people were reimbursed by a bank after proving use of the ATM machine; that the fee after 6 hours is fair; that anyone Downtown who parks in the wrong place will pay the cost; that the problem is the $25 fee for vehicle retrieval after business hours. Mayor Pillot stated that towing companies function 24 hours a day, 7 days a week; however, the business office of the towing company does not; that the tow truck drivers are on call or shift; and asked if the towing charges are paid to the towing office which may be closed? Chief Jolly stated that generally the fee is paid to the business office of the towing company; that tow truck drivers are assigned a wrecker to take home to respond to accident scenes; that tow truck drivers are not keeping the business office open but may be checking private property on which a contract is held; that someone from the business office must respond after hours. Vice Mayor Hogle stated that a meeting was held with a Downtown business owner who is concerned about the towing of patrons' vehicles; that the business owner pays a significant monthly fee to a business next door sO neither business will tow vehicles; that seeing customers' cars towed is undesirable; that the $25 fee for retrieval during non-business hours is not a problem; however, the maximum towing fee should be $50 instead of $75. Attorney Singer stated that no statutory limitation concerning the fee exists; that fees are as low as $40 and as high as $100 in other ordinances reviewed; that the recommendation aims to provide a rational basis for determination of a reasonable fee. Chief Jolly stated that the owners of private property have the right to control the property and access to the property; that reaching a balance concerning towing fees sO towing companies are willing to contract with private property owners who have a legitimate desire to keep parking lots free for customers or empty at night to prevent trash is important; that a balance which is fair to the owners of towed vehicles and the property owners must be achieved. Mayor Pillot asked for clarification of the consistency of the $75 fee. Attorney Singer stated that the estimate was determined by reducing the rate from the County's $85 to $75 and is reasonable as no accident-scene cleanup is necessary; that the : City's agreement with Direct Towing Service is for a fee of $75. Commissioner Quillin stated that the discussion is appreciated; however, the proposed ordinance is unsatisfactory after having received telephone calls at 9 p.m. at home; that an ordinance regulating cost of towing is good; that vehicle owners will be protected; that private property owners have empty parking lots which are an attractive nuisance; that the posted signs can hardly be seen; that the signs are not standardized; that the hope is the City will create standardization and signs which can be seen at night; that seeing signs at night is difficult, especially to those unfamiliar with the City; that the City invites many people to visit and enjoy themselves; that the towing of tourists' vehicles is not good public relations; that the towing companies have staff on site at the private parking lots for security purposes; that calling staff into the business office to receive payment is not necessary; that many people have indicated the tow truck driver met the vehicle owner and refused to collect any payment except cash; that some people were paying $120; that others were paying $150 or any amount convenient to the towing companyi that the initial tow fee should be lowered to $50; that private property owners have the right to place chains to keep BOOK 48 Page 20320 11/20/00 6:00 P.M. BOOK 48 Page 20321 11/20/00 6:00 P.M. people awayi that other remedies exist to protect an attractive nuisance; and asked if towing companies have a permit to do business in the City? Attorney Singer stated that towing companies have an occupational license; that in contrast, vehicle-for-hire companies are required to register with the City; that an occupational license means the towing company has a business located in the City and has paid the occupational license fee, which is a zoning function; that the occupational license is required for businesses with a home base in the City to assure the requirements the Zoning Code (1998) are met. Commissioner Quillin stated that towing companies are not being singled out; that some towing companies in the City are wonderful; that towing should be regulated by permit as a mechanism to stop towing companies from Manatee County from transporting vehicles from the City of Sarasota to Manatee County; and asked if requiring a permit for towing companies would be a problem and if guidelines will be created for signs? Attorney Singer stated that provisions relating to signs are included in the Florida Statutes; that the signs must be prominently placed at each driveway, access, or curb within 5 feet of the public rights-of-way with not less than one sign per each 25 feet of lot frontage; that the notice must indicate in not less than 2-inch, light-reflective letters on contrasting background the following: "Unauthorized vehicles will be towed away at the owner's expense"; that the words "tow away zone" must be included in not less than 4-inch-high letters; that a variety of other regulations are included; that having the listing of the requirements and ensuring every private property parking lot sign conforms with Section 715.07(2) (a) (5), Florida Statutes, will be easy. Mayor Pillot stated that the assumption is City Staff will be inspecting to ensure the State requirements concerning towing signs are followed? City Manager Sollenberger stated yes. Commissioner Quillin asked if the regulations will include a requirement to list the name and phone number of the towing company? Attorney Singer stated yes. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4281 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 01-4281 on first reading except for Section 33-286 containing the prohibition against cruising, which should be deleted. City Attorney Taylor stated that the City Attorney's Office also recommends passing proposed Ordinance No. 01-4281 on first reading except for Section 33-286 containing the prohibition against cruising; that the title was published as presented; however; the recommendation is to remove Section 33-286 of proposed Ordinance No. 01-4281. On motion of Vice Mayor Hogle and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 01-4281 on first reading, deleting. Section 33-286 prohibiting cruising and amending Section 33-288 (a) to change the maximum rate for towing vehicles under 10,000 pounds from $75 to $50. Vice Mayor Hogle stated that Ordinance No. 01-4281 is important to Downtown and other areas of the community; that the responsibility for property owners to post signs properly is important; that City Staff can ensure the codes are enforced; that vehicle drivers should be responsible for parking locations; that a telephone call was received from an influential County person who parked in a tow zone; that no sympathy was expressed. Commissioner Quillin stated that amending the proposed ordinance to set the maximum charge for towing at $50 is appreciated; that property owners have other remedies such as posting signs and chains; that the City Manager and Staff are thanked for presenting the proposed ordinance quickly before season, celebration, and the holidays to ensure visitors are not unduly distressed. Mayor Pillot asked for clarification of SPD's arrangement to tow vehicles in violation of traffic regulations. Chief Jolly stated that vehicles at accident scenes are towed by a rotation wrecker system which is governed by the County; that the City goes out to bid for wrecker service as with any other service; that the bid for wrecker service goes for different tows, BOOK 48 Page 20322 11/20/00 6:00 P.M. BOOK 48 Page 20323 11/20/00 6:00 P.M. for example, a vehicle involved in a crime must be towed and a different fee is charged; that the $75 contract with Direct Towing Service is the result of the bid; that SPD has no direct involvement in any tows concerning traffic accidents. Mayor Pillot asked if the City tows vehicles for parking violations? Chief Jolly stated that vehicles are towed if parked in a lane of travel on a street with a posted "No parking" sign or blocking traific; that sometimes vehicles break down and the owners leave the vehicles and cannot be found; that the lane of traffic must be cleared; therefore, the vehicle is towed. Mayor Pillot stated that Clearing traffic lanes is a public safety matter; and asked if vehicles are towed for overstaying a parking time limitation in which public safety is not involved? Chief Jolly stated no; that vehicle owners receive parking tickets. Mayor Pillot asked if a vehicle is ever towed by SPD other than in a matter involving accident, crime, or in a public safety matter? Chief Jolly stated no. Mayor Pillot asked if towing involving an accident is under contract through the County's jurisdiction? Chief Jolly stated that towing companies for accidents are on a rotation list and regulated by the County. Mayor Pillot asked if SPD has authority to determine which towing company will tow a vehicle which has broken down in a traffic lane or in the case of crime? Chief Jolly stated that the towing done by order of SPD is under the City's contract. Mayor Pillot stated that the matter before the Commission is the towing of vehicles not involved in a traffic accident, a safety matter, or a crime but is instead a trespass on private property. Chief Jolly stated that is correct. Mayor Pillot stated that the $75 charge is for the three matters of accident, public safety, or crime; that the proposed $50 charge is for trespassing. Chief Jolly stated that the $75 charge does not apply to accident - scene tows; that the County sets a rate of $85; however, the tow is under the City's contract if SPD directs a vehicle tow due to public safety hazard, arrest, or crime. Mayor Pillot asked if a driving under the influence (DUI) would fall under the $75 charge? Chief Jolly stated yes. Mayor Pillot stated that the importance of the questions is to discriminate between a $75 or $85 charge and the proposed $50 charge, which has been well explained by Staff; that the motion was not originally supported but is now supported based on consistency; that the three matters which have been discussed, i.e., public safety, crime, and accidents, could philosophically be perceived as more serious than trespass on private property; however, trespass on private property is considered a serious matter; that the private property owner has some control if conforming to Florida Statutes for posting; that the motion is supported. Mayor Pillot called for a vote on the motion to pass proposed Ordinance No. 01-4281 on first reading, deleting Section 33-286 prohibiting cruising and amending Section 33-288 (a) to change the maximum rates for towing vehicles under 10,000 pounds from $75 to $50 and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to.0) : Mason, yes; Pillot, yes; Quillin, yes; Hogle, yes. 7. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 01R-1315, TO APPROVE MAJOR CONDITIONAL USE APPLICATION 00-CU-07 AND SITE PLAN APPLICATION 00-SP-30 TO ALLOW A LEASEHOLD USE IN THE GOVERNMENTAL USE (G) ZONE DISTRICT CONSISTING OF A MEDICAL OFFICE AND COMMUNITY MEETING FACILITY TO OPERATE IN CONJUNCTION WITH THE SENIOR FRIENDSHIP CENTER'S EXISTING ADULT DAY CARE FACILITY LOCATED UPON THE LEASEHOLD; SAID MAJOR CONDITIONAL USE IS PROPOSED TO BE LOCATED ON A PARCEL OF PROPERTY OWNED BY THE CITY OF SARASOTA AND LEASED TO SENIOR FRIENDSHIP CENTERS, INC., A FLORIDA NOT - FOR - PROFIT CORPORATION; SAID PROPERTY IS GENERALLY LOCATED ON A + 1.13 ACRE SITE WITHIN LUKE WOOD PARK AT THE SOUTHWEST CORNER OF U.S. 301 AND BROTHER GEENEN WAY (A/K/A 1900 BROTHER GEENEN WAY) ADJACENT TO THE EXISTING SENIOR FRIENDSHIP CENTERS; ETC. (TITLE ONLY) BOOK 48 Page 20324 11/20/00 6:00 P.M. BOOK 48 Page 20325 11/20/00 6:00 P.M. (APPLICATION NOS. 00-CU-07 AND 00-SP-30, APPLICANT THE SENIOR FRIENDSHIP CENTERS, INC., AS TENANT OF REAL PROPERTY OWNED BY THE CITY OF SARASOTA) ADOPTED (AGENDA ITEM IV-B-1) #1 (2190) through #2 (0280) City Attorney Taylor stated that proposed Resolution No. 01R-1315 concerns Major Conditional Use Application No. 00-CU-07 and Site Plan Application No. 00-SP-30 to construct a medical office and community meeting facility located on approximately 1.13 acres of City-owned property within Luke Wood Park; that the Applicant is the Senior Friendship Center, Inc. (SFC), with John Cook, Attorney, Dent and Cook, P.A., as agent; that SFC is also requesting to expand the leasehold which will be considered under Agenda Item VI-1; that the recommendation is to allow 10 minutes for the Applicant's presentation and 5 minutes for rebuttal; that the City will have 10 minutes for presentation and 5 minutes for rebuttal; that no individuals have filed for certification as an Affected Person; that other interested persons will have 5 minutes to speak; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Mason and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Attorney Cook, George Palermo, Architect, George Palermo Architects, Inc., and Robert Carter, Chief Executive Officer, SFC, came before the Commission. Attorney Cook requested that the following documents be entered into the public record: Major Conditional Use Application No. 00-CU-07 and Site Plan Application No. 00-SP-30 Staff's Major Conditional Use and Site Plan Review of the Applications The excerpts of the minutes concerning the Applications from the October 4, 2000, Regular meeting of the Planning Board/Local Planning Agency (PBLP) and the PBLP's report at the October 16, 2000, Regular Commission meeting City Auditor and Clerk Robinson stated that the documents will be entered into the record. Attorney Cook stated that SFC applied to the City for expansion of the leasehold in December 1998; that subsequent to the October 16, 2000, Regular Commission meeting at which the PBLP's report was presented, the project incorporated in Major Conditional Use Application No. 00-CU-07 and Site Plan Application No. 00-SP-30 was revised to include the 100-foot setback requirement from US 301 and US 41; that SFC will not construct any buildings within the 100-foot setback except as provided in proposed Resolution No. 01R-1315; that informal parking and expanded pedestrian sidewalks will be allowed in the 100-foot setback; that two existing oak trees of approximately 7 inches in diameter will be replaced with four oak trees approximately 4 inches in diameter; that SFC will file for a waiver of the City's current curb-and-gutter requirements for the leasehold to accommodate the request of the City and nearby neighborhood residents for informal parking. Mayor Pillot requested that Staff come forward for the City's presentation. Allen Parsons, Senior Planner II, Planning and Development Department, came before the Commission and stated that SFC submitted a fifth revision to the site plan following discussion at the October 16, 2000, Regular Commission meeting; that the 100-foot setback was included in the fifth revision, is measured from the curb of US 301 and US 41 to the proposed parking lot and buildings, and is included in the Second Amendment to the Lease Agreement and as a condition in proposed Resolution No. 01R-1315 which has been revised to include the following: Section 2 (c) : Only those improvements depicted or described on Site Plan Application No. 00-SP-30 and accompanying landscape plan, inclusive of planters and a maximum 3 foot roof overhang, may be located within the . . 100 foot distance between U.S. 301 and U.S. 41 BOOK 48 Page 20326 11/20/00 6:00 P.M. BOOK 48 Page 20327 11/20/00 6:00 P.M. Mr. Parsons continued that the proposed meeting facility was relocated to the north approximately 6 feet and to the west approximately 11 feet to accommodate the 100-foot setback; that nine parking spaces were eliminated from the previously submitted site plan as a result; that SFC estimates approximately 140 parking spaces will be provided for the entire leasehold; that a request will be made to waive the Engineering Design Criteria Manual requirements as a condition in proposed Resolution No. 01R-1315 as follows: Section 2 (d) : the Applicant shall apply for a waiver from the requirements of the Engineering Design Criteria Manual (EDCM) to provide curb, sidewalk and gutter In the event the above waiver is not granted, construction plans shall be modified consistent with requirements of the Engineering Design Criteria Manual. Commissioner Quillin asked the total number of parking spaces provided on the leasehold? Mr. Parsons stated that 145 parking spaces will be provided. Commissioner Quillin asked if the proposed project is considered a unified project? Mr. Parsons stated yes; that SFC is required to provide 145 parking spaces for consideration as a unified project; that nine parking spaces were eliminated from the original site plan submitted. Commissioner Quillin asked if SFC previously met the parking requirements; and if SFC will provide additional parking? Mr. Parsons stated that space exists on the leasehold to provide additional parking. Mayor Pillot requested that other interested persons come forward; and the following interested persons came before the Commission: Rick Liberi, 1255 46th Street (34234), stated that the requirement of the 100-foot setback is appreciated; however, proposed Resolution No. 01R-1315 as previously submitted at the October 16, 2000, Regular Commission meeting did not specifically require the 100-foot setback; that the requirement for the 100-foot setback was an oral proffer from SFC and should have been included initially in writing in proposed Resolution No. 01R-1315 as previously submitted. City Attorney Taylor stated that questions remain concerning any oral proffer of the 100-foot setback; that the 100-foot setback was not excluded from the original proposed Resolution No. 01R-1315 intentionally; however, the 100-foot setback will be honored by the Applicant and is incorporated in proposed Resolution No. 01R-1315 as presented. Mayor Pillot asked if oral proffers are included in relevant resolutions and ordinances? City Attorney Taylor stated yes; that proffers should be incorporated into the relevant resolutions and ordinances; that the 100-foot setback will be honored by the Applicant and is included in proposed Resolution No. 01R-1315 as presented. Commissioner Quillin stated that a resolution concerning Major Conditional Use Application No. 00-CU-07 and Site Plan Application No. 00-SP-30 was not adopted at the October 16, 2000, Regular Commission meeting; that the Commission requested SFC honor the 100-foot setback for approval; that previous documents submitted by SFC proposed a 100-foot setback. Mr. Liberi stated that the public values the City's parks. Linda Holland, President, Coalition of City Neighborhood Associations (CCNA), stated that the efforts and dedication of SFC to better the community are appreciated; and quoted a November 20, 2000, letter from the CCNA to the Commission as follows: The Coalition [CCNA] wants to take this opportunity to continue to remind the City Commission of our commitment to the protection and preservation of park and green space areas in our wonderful living environment. Brother William Geenen, Founder, SFC, stated that a number of SFC Clients testified at previous Commission meetings concerning the need for SFC's services and the requested leasehold expansion and proposed project; that he was appointed by former United States Senator Lawton Chiles as a Congressional delegate from Florida to the 1981 White House Conference on Aging; that BOOK 48 Page 20328 11/20/00 6:00 P.M. BOOK 48 Page 20329 11/20/00 6:00 P.M. significant input was received from senior citizens Statewide prior to the 1981 White House Conference on Aging and since such time; that a significant number of facilities serving senior citizens are located in park-like settings and are supported by municipalities; that Luke Wood Park is an appropriate setting for the expansion of SFC's facilities; that SFC's clients are senior citizens, who trequently are physically impaired and cannot actively enjoy the City's parks; that SFC is an organization utilized by a significant portion of the local elderly community; that the support of the Commission for the leasehold expansion and proposed project is requested. Jane Carrigan, 101 North Adams Drive (34236), stated that the comments are supported but also stated that the City's existing greenspace and parks should be maintained; that the benefits of greenspace and parks outweigh any costs incurred by the City for maintenance; that the City has permitted the lease of park space to non-profit organizations at Luke Wood Park, Payne Park, Ken Thompson Park, and at the Bayfront; that the public supports the maintenance of existing City and County parks currently and for future generations; that parks should not be leased to any organization; that the maintenance of greenspace is a significant issue in the City and requires consideration. Joseph Panichello, Co-Owner, Waffle Stop Restaurant, stated that the Waffle Stop Restaurant has operated in the City for 44 years; that SFC has cooperated with nearby business owners regarding all issues of concern, particularly parking; that the provision of the 100-foot setback is supported; that nearby business owners support SFC's expansion. Mayor Pillot asked the health of Mr. Panichello's father, a former co-worker as a teacher. Mr. Panichello stated that his father is well and continues teaching. Robert Fletcher, 651 Ohio Place (34236), representing the Laurel Park Neighborhood Association (LPNA), stated that the 100-foot setback requirement is supported; that SFC is located adjacent to the Laurel Park Neighborhood; and quoted a November 16, 2000, letter from LPNA to the Commission as follows: Given the significant loss of parkland to this construction project, we believe mitigation within the remaining parkland is appropriate. Specifically, there is a potential mitigation project in the Luke Wood fountain, which is currently in a state of disrepair. This mitigation is already called for within the current Capital Improvement Program (CIP) [Project No. RP-54.0, City's CIP], which specifically refers to pursuing funding from the Senior Friendship Center. Such a project would provide a partial mitigation for the loss of open space and park land in the Laurel Park Neighborhood. City Manager Sollenberger stated that the repair to the Luke Wood Park fountain is planned for funding during fiscal year (FY) 2008/09; that the estimated cost of repair is $50,000; that the repair will be funded by grants and the Local Option Sales Tax (L.O.S.T.), also called the penny sales tax. Mr. Fletcher stated that as a real estate appraiser, the value of the property leased to SFC is approximately $1 million; that the Luke Wood Park fountain should be repaired soon; that proposed Resolution No. 01R-1315 should require SFC fund renovation of the Luke Wood Park fountain in the near Euture; that the City may decide to reimburse SFC during FY 2008/09; that renovation of the Luke Wood Park Eountain would provide partial mitigation for the loss of park and greenspace. City Attorney Taylor stated that the current quasi-judicial public hearing does not concern the financial requirements of SFC to lease the property but rather concerns approval of Major Conditional Use Application No. 00-CU-07 and Site Plan Application No. 00-SP-30 only; that additional financial requirements should be discussed during consideration of amendments to the License and Lease Agreements, which will be considered under Agenda Item VI-1. Mayor Pillot requested that the Applicant come forward for rebuttal. Attorney Cook stated that SFC is actively involved in the current maintenance of Luke Wood Park; that LPNA did not submit nor discuss the proposal concerning the Luke Wood Park fountain with SFC until immediately prior to the current Commission meeting; that SFC met with nearby neighborhood associations concerning expansion of the leasehold into Luke Wood Park; that the proposal was not suggested during the meetings; that SFC intends to continue active involvement in the maintenance and beautification of Luke Wood Park; however, SFC should not be required to fund renovations to the Luke Wood Park fountain until adequate time is permitted to consider and discuss the proposal with Staff, LPNA, and the Commission. BOOK 48 Page 20330 11/20/00 6:00 P.M. BOOK 48 Page 20331 11/20/00 6:00 P.M. Commissioner Quillin stated that the proposal should be considered during discussion of the amendments to the Lease and License Agreements under Agenda Item VI-1. Mayor Pillot requested that the City come forward for rebuttal. Mr. Parsons stated that SFC proposed a 100-foot setback upon petitioning the City for an amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) to permit the construction of office buildings in Luke Wood Park. Mayor Pillot requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1315 by title only. On motion of Vice Mayor Hogle and second of Commissioner Quillin, it was moved to adopt proposed Resolution No. 01R-1315. Vice Mayor Hogle stated that adoption of proposed Resolution No. 01R-1315 is supported. Commissioner Quillin stated that further consideration of the SFC's proposal to expand the leasehold was a personal request; that the 100-foot setback was the result of compromise by SFC and the City; that SFC is supported by the local community but should seek other property for further expansion; that the efforts of SFC to compromise and maintain the 100-foot setback are appreciated. Mayor Pillot stated that Brother Geenen founded SFC, which was begun by holding candlelight dinners in local school cafeterias; that the services offered by SFC are supported; that SFC is a national model for service providers to senior citizens; that requiring SFC to fund renovation of the Luke Wood Park fountain is not supported; that SFC has contributed significantly to the maintenance and beautification of Luke Wood Park; that permitting construction in Luke Wood Park is not for the benefit of SFC but rather for the senior citizens served by SFC; that SFC serves thousands of local senior citizens, many of whom are physically impaired from visiting and enjoying the City's parks and beaches; that SFC provides a significant number of irreplaceable services to local senior citizens; that the public supports SFC. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to adopt proposed Resolution No. 01R-1315. Motion carried unanimously (4 to 0) : Pillot, yes; Quillin, yesi Hogle, yes; Mason, yes. 8. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #2 (0280) There was no one signed up to speak. 9. UNFINISHED BUSINESS: APPROVAL RE: SECOND AMENDMENT TO LEASE AGREEMENT AND FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN THE CITY OF SARASOTA AND SENIOR FRIENDSHIP CENTERS, INC. - APPROVED (AGENDA ITEM VI-1) #2 (0280) through (0585) Mayor Pillot stated that the item concerns the Second Amendment to the Lease Agreement and First Amendment to the License Agreement with the Senior Friendship Centers, Inc. (SFC) City Attorney Taylor stated that the proposed Second Amendment to the Lease Agreement expands the size of the leasehold to allow for the construction of an approximately 12,000-square-foot building consisting of a medical office and community meeting facility, as requested in Major Conditional Use Application No. 00-CU-07 and Site Plan Application No. 00-SP-30 and incorporated in Resolution No. 01R-1315; that the revised draft of the proposed Second Amendment to the Lease Agreement requires SFC to locate the most easterly parking lot a distance of no less than 100 feet from US 301 measured from the back of the concrete curb of US 301 to the eastern edge of the proposed parking lot and provides for indemnification insurance requirements; that SFC agreed to locate the southern exterior wall of the proposed 12,000-square-foot building no less than 100 feet from US 41 measured from the back of the concrete curb of US 41 to the southern exterior wall of the proposed building and will not request further expansion of the leasehold; that the First Amendment to the License Agreement was prepared to expand the portion of the abandoned right-of-way, which could be used by SFC; that the City retains the right to repossess the right-of-way if required for public purposes. Mayor Pillot asked if the amendments to the Lease and License Agreements are supported by SFC? BOOK 48 Page 20332 11/20/00 6:00 P.M. BOOK 48 Page 20333 11/20/00 6:00 P.M. John Cook, Attorney, Dent and Cook, P.A., agent for SFC, came before the Commission and stated that the amendments to the Lease and License Agreements were reviewed and are acceptable. Commissioner Quillin stated that a previous concern was the maintenance and renovation of the Luke Wood Park fountain; that the enhancement of Luke Wood Park is a concern of the City and adjacent neighborhoods; that requiring SFC to spend $50,000 to renovate the Luke Wood Park fountain, which has been inoperable for a significant period of time, is not supported; and asked if SFC would assist in renovating the Luke Wood Park fountain and improving Luke Wood Park? Attorney Cook stated yes; that SFC intends to continue cooperative efforts with the City and adjacent neignbornoods to beautify and improve Luke Wood Park; that the City should examine all issues regarding the Luke Wood Park fountain and formulate recommendations for action. Commissioner Quillin asked if SFC will partner with the City and the adjacent neighborhoods if the City conducts a master plan study of Luke Wood Park? Attorney Cook stated yes; that SFC intends to develop a walking trail in Luke Wood Park as an enhancement. City Manager Sollenberger stated that the Administration recommends approving the Second Amendment to the Lease Agreement and the First Amendment to the License Agreement. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to approve the Second Amendment to the Lease Agreement and the First Amendment to the License Agreement. Commissioner Quillin stated that a master plan of Luke Wood Park should be developed; that Luke Wood Park should be considered a gateway to the City; that significant public activities occur at Luke Wood Park. Vice Mayor Hogle stated that the Administration's recommendations are supported; however, the Administration should review uses of Luke Wood Park with the Parks, Recreation and Environmental Protection Advisory Board. Commissioner Mason asked if the City has a parks master plan? Commissioner Quillin stated no. Mayor Pillot asked if SFC will be permitted to commence construction activities following approval of Resolution No. 01R-1315 under Agenda Item IV-B-1 and the amendments to the Lease and License Agreements? City Manager Sollenberger stated that SFC must file for a building permit prior to commencing construction. Mayor Pillot called for a vote on the motion to approve the Second Amendment to the Lease Agreement and the First Amendment to the License Agreement. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yes; Quillin, yesi Pillot, yes. 10. UNFINISHED BUSINESS: DEVELOPMENT RE: RECOMMENDATION TO UNITED STATES COAST GUARD (USCG) RELATIVE TO PROPOSED CHANGE OF DRAWBRIDGE OPERATION REGULATIONS AT NEW PASS = REQUESTED USCG MAKE NO . CHANGES TO THE DRAWBRIDGE OPENING SCHEDULES AT NEW PASS AND LONGBOAT PASS (AGENDA ITEM VI-2) #2 (0585) through (0815) Mayor Pillot stated that the item concerns a proposed change of drawbridge operation regulations at New Pass. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the Commission considered the proposed change of drawbridge operation regulations at the November 6, 2000, Regular meeting; that the intent of reconsidering the item was to receive public input; however, no one has signed up to speak; that the United States Coast Guard (USCG) proposes to change the existing timed opening schedule of the drawbridges at New Pass and Longboat Pass to require "on- signal openings" from 6 a.m. to 6 p.m. at the request of Manatee County; that the existing timed schedule is on the hour, 20 minutes past the hour, and 40 minutes past the hour from 7 a.m. to 6 p.m.i that a significant number of vehicles would be affected by the proposed schedule; that drivers would not know the times to avoid drawbridge openings; that New Pass may be dredged during the Spring of 2001; that boat traific will increase following the dredging of New Pass; that the potential for further complications to vehicular traffic would be increased; that Staff recommends the Commission request USCG make no changes to the existing schedule of drawbridge operation at New Pass and Longboat Pass. BOOK 48 Page 20334 11/20/00 6:00 P.M. BOOK 48 Page 20335 11/20/00 6:00 P.M. Commissioner Quillin asked the precise date of the dredging of New Pass? Mr. Daughters stated that the precise date is not known. Commissioner Quillin stated that dredging New Pass is a significant problem; that New Pass fills with silt rapidly; that the City should consider not dredging New Pass to remedy potential traffic complications; that alternative solutions to dredging New Pass should be examined. Mr. Daughters stated the County is responsible for dredging New Pass; that the City continues cooperative efforts with the County and United States Army Corps of Engineers (USACE), which performs the dredging operations, and will request additional dredging to the south of New Pass; that USCG decided to receive comments concerning the proposed change in drawbridge operations on or before December 22, 2000, at the request of the Town of Longboat Key and the City. Commissioner Quillin stated that an environmental study should be conducted to determine the reasons New Pass fills in rapidly following dredging. Commissioner Mason referred to the Agenda backup material indicating the Town of Longboat Key was to hold a workshop on November 14, 2000, to discuss the proposed schedule; and asked the result of the discussions? Mr. Daughters stated that the Town of Longboat Key held the meeting; however, the result of the discussions is not known. Vice Mayor Hogle stated that the rapid silting of New Pass immediately following dredging was discussed at a recent meeting of the Sarasota County Coastal Advisory Committee; that the water currents along both shores of the State move significant quantities of sand and other matter from north to south; that New Pass and other coastal passes will continue to fill with silt despite the dredging efforts of the City, County and USACE due to the water currents. City Manager Sollenberger stated that the Administration recommends requesting USCG make no changes to the drawbridge opening schedules at New Pass and Longboat Pass. On motion of Vice Mayor Hogle and second of Commissioner Quillin, it was moved to request the United States Coast Guard (USCG) make no changes to the drawbridge opening schedules at New Pass and Longboat Pass. Motion carried unanimously (4 to 0): : Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 11. UNFINISHED BUSINESS: APPROVAL RE: USE OF REVENUES COLLECTED BY THE VEHICLE IMPOUND PROGRAM (VIP), DESIGNATED FOR NUISANCE ABATEMENT USE, BE APPLIED TOWARD OFFSETTING GENERAL FUND EXPENDITURES CURRENTLY BEING SPENT ON NUISANCE ABATEMENT - APPLIED VIP REVENUES TO OFFSET GENERAL FUND EXPENDITURES FOR NUISANCE ABATEMENT ACTIVITIES FOR FISCAL YEAR 2000/01 EXCEPT FOR $10,000 FOR BOARDING AND DEMOLITION ACTIVITIES AND $3,000 FOR TRAINING AND EDUCATION FOR NUISANCE ABATEMENT BOARD MEMBERS (AGENDA ITEM VI-3) #2 (0815) through (1175) Mayor Pillot stated that the item concerns use of funds generated by the impound of vehicles and designated for nuisance abatement. Gordon Jolly, Chief of Police, Sarasota Police Department (SPD), Linda Holland, Vice Chairman, and Sandra Vaughn, Member, Nuisance Abatement Board, came before the Commission. Chief Jolly stated that the Commission adopted Ordinance No. 97-4002, Impoundment of Motor Vehicles Used to Facilitate Prostitution or Drug-Related Crimes, on July 7, 1997, setting a $500 civil penalty for the release of impounded vehicles used in crime-related activities and approved the use of 50 percent of the revenues generated in the Neighborhood Grant Program; that the remaining 50 percent was designated for use by the Nuisance Abatement Board; that the disposition of Neighborhood Grant Program Eunds generated significant Commission discussion; however, the Commission did not devote significant discussion to the disposition of funds related to nuisance abatement; that the Nuisance Abatement Board desires input from the Commission concerning the disposition of funds for nuisance abatement; that the additional funds designated for nuisance abatement should be used to offset General Fund expenditures for nuisance abatement, which include legal fees and certain SPD expenses; that approximately $80,600 is currently in the Nuisance Abatement Fund, which consists primarily of carryovers from previous fiscal years; that revenues of approximately $35,000 to $40,000 are generated annually from the Vehicle Impoundment Program (VIP) for nuisance abatement and for the Neighborhood Grant Program; that annual nuisance abatement costs of the City are approximately $85,000; that the balance of the Nuisance Abatement Fund should be used to offset General Fund BOOK 48 Page 20336 11/20/00 6:00 P.M. BOOK 48 Page 20337 11/20/00 6:00 P.M. expenditures for nuisance abatement except for $10,000 for boarding and demolition activities and $3,000 for training and education of Nuisance Abatement Board members for FY 2000/01; that the Nuisance Abatement Board will examine the costs of nuisance abatement annually and issue recommendations to the Commission. Ms. Vaughn stated that the Nuisance Abatement Board supports Staff's recommendation. Ms. Holland stated that certain nuisance abatement expenditures and programs are funded through the Neighborhood Grants Program; that Staff's recommendations are supported. Commissioner Quillin asked if the Nuisance Abatement Board discussed altering the distribution of VIP funds between nuisance abatement and the Neighborhood Grant Program? Chief Jolly stated no; that previous Commission comments and instructions were the focus of Nuisance Abatement Board discussion; that VIP revenues offset a significant portion of the City's cost for nuisance abatement; that the current distribution of VIP funds between nuisance abatement and the Neighborhood Grant Program should be maintained. Commissioner Quillin stated that nuisance abatement expenditures should be itemized and presented to the Commission; that the distribution of VIP funds between nuisance abatement and the Neighborhood Grant Program should be examined; that neighborhoods could use additional funding. Commissioner Mason stated that the efforts of Staff and the Nuisance Abatement Board to bring the nuisance abatement funding issues to the Commission and to improve the City's neighborhoods are appreciated. City Manager Sollenberger stated that the Administration recommends applying VIP revenues to offset General Fund expenditures for nuisance abatement activities except for $10,000 for boarding and demolition activities and $3,000 for training and education for Nuisance Abatement Board members for FY 2000/01. On motion of Commissioner Mason and second of Vice Mayor Hogle, it was moved to apply Vehicle Impound Program revenues to offset General Fund expenditures for nuisance abatement except for $10,000 for boarding and demolition activities and $3,000 for training and education for Nuisance Abatement Board members for FY 2000/01. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 12. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #2 (1175) There were no Commission Board or Committee reports. 13. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA SCHEDULED A 4 P.M., JANUARY 22, 2001, MEETING AND CONSENSUS TO INVITE THE PLANNING BOARD/LOCAL PLANNING AGENCY (PBLP) AND BOARD OF ADJUSTMENT (AGENDA ITEM X) #2 (1175) through (1684) VICE MAYOR HOGLE: : A. referred to the November 15, 2000, Commission Information Memorandum from the City Manager included in the Agenda backup material indicating the schedule for renovations to the City. Hall Commission Chambers, lobby, and sidewalk has been changed; and asked for clarification of the renovation schedule. City Manager Sollenberger stated that City Hall renovations will be completed at the end of March 2001. Commissioner Quillin asked the date the Commission Chambers will be closed for renovation? City Manager Sollenberger stated that renovations will begin January 3, 2001. Mayor Pillot asked the location of Commission meetings during the renovations? City Auditor and Clerk Robinson stated that City Commission meetings will be held in the Chambers of the Sarasota Board of County Commissioners, sO the meetings can be televised. BOOK 48 Page 20338 11/20/00 6:00 P.M. BOOK 48 Page 20339 11/20/00 6:00 P.M. COMMISSIONER MASON: A. stated that many changes have taken place in the City during her lifetime; that the City and County have not made significant changes concerning race relations; that still struggling with race issues in the year 2000 is sad; that a group should be commissioned to analyze and develop methods to combat and eliminate racism, which continues as a problem in the community; that at the 76th Annual National League of Cities (NLC) Congress of Cities in December 1999, Bob Knight, Mayor of Wichita, Kansas, and President of the NLC for the year 2000, challenged city and town governments to become Cities Striving to Promote Racial Justice; that the City previously proclaimed September 20, 2000, as "Undoing Racism Day. I Mayor Pillot stated that various groups have focused on eliminating racism in the past; that Staff should provide the Commission a recommendation regarding an advisory groupi that the Interfaith/Interracial Association should be consulted. Vice Mayor Hogle stated that a committee is supported; that Commissioner Mason would be an appropriate leader for the proposed committee, which should develop long-range plans for community relations. Commissioner Quillin stated that COmmUNITY Relationship Training, sponsored by Drug-Free Communities, focuses on efforts of racial healing and appreciation of diversity; that the City's stance concerning equal opportunity should be re-issued perhaps through the Florida League of Cities, Inc. (FLC); that an individual's personal beliefs may not change; however, government agencies can ensure equal opportunity is afforded to every individual in the public sector. B. asked for clarification of efforts regarding urban infill? City Manager Sollenberger stated that the City has been awarded a $35,000 grant related to urban infill to conduct a planning study for the area north of Tenth Street in which the concrete yards are located. C. stated that the FLC 40th Annual Legislative Conference from November 16 through 17, 2000, was attended with City Auditor and Clerk Robinson; that copies of FLC's list of Legislative Priorities will be provided to the Administration for placement on the Commission clipboard. City Auditor and Clerk Robinson stated that the City received approval to include changing the 200-foot perimeter limitation banning drugs from parks to 1,000 feet on FLC's list of Legislative Priorities. City Manager Sollenberger stated that annexation reterence materials from the FLC Conference have been received and will be distributed to the Commission before the Council of Governments' December 14, 2000, Convocation; that the reference material provides examples of annexation practices from Pinellas and Orange Counties and the City of Orlando, Florida; that copies of the annexation reference material will be furnished to the County Administrator and other City Managers within the County providing a base for future discussion to resolve annexation issues between the cities and the County. COMMISSIONER QUILLIN: A. stated that a conflict exists with a Sarasota/Manatee Metropolitan Planning Organization (MPO) meeting and a proposed January 22, 2001, meeting with Duany Plater- Zyberk & Company (DPZ) concerning the proposed Downtown Zoning Code, which could be moved to later in the afternoon and should involve the Community Redevelopment Agency, the Planning Board/Local Planning Agency (PBLP), and the Board of Adjustment. Mayor Pillot asked if the January 22, 2001, meeting time should be changed? Commissioner Quillin stated that a 4 p.m. meeting can be attended. Mayor Pillot and Commissioner Mason stated that a 4:00 p.m. meeting time is acceptable. Commissioner Quillin asked if inviting the PBLP and Board of Adjustment is acceptable? Mayor Pillot stated yes. BOOK 48 Page 20340 11/20/00 6:00 P.M. BOOK 48 Page 20341 11/20/00 6:00 P.M. Vice Mayor Hogle stated that changing the time is acceptable; that the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020) cannot be implemented until the changes proposed by DPZ in the zoning code is presented to the Commission. Commissioner Quillin stated that the DPZ contract should be reviewed to determine if the proposed zoning code will be provided; that the Master Plan 2020 has been reviewed; that all components cannot be determined until the proposed zoning code is reviewed; that the PBLP and Board of Adjustment are - key groups in the planning process and should be involved in the January 22, 2001, meeting. Mayor Pillot stated that seeing the Commission's consensus, the meeting will be scheduled for 4 p.m., January 22, 2001, to discuss the proposed Zoning Code for Downtown and the PBLP and Board of Adjustment will be invited to participate. B. stated that many pre-annexation and municipal service agreements approved during the past year are for properties located in District 3; that at some point, the properties will be annexed into the City; that the areas for annexation should be reviewed to determine which individual properties in the affected area have not signed pre-annexation and municipal services agreements; that a willingness exists to approach the individual property owners to generate interest to annex into the City; that ad valorem and population figures are multipliers for participation in revenue sharing; that the City's population figures and a report regarding proposed annexation areas are requested; that the pre-annexation agreements stipulate the City pays for application fees associated with annexation. City Manager Sollenberger stated an update will be provided to the Commission; that much of the annexation activity is in District 3; that Commissioner Quillin's interest is appreciated; that property owners in the annexation area who have not entered into pre-annexation and municipal services agreements will be contacted. C. asked the status of the skateboard ordinance. City Manager Sollenberger stated that the skateboard ordinance has been prepared; that the Administration planned to present the skateboard ordinance in January 2001; that the skateboard ordinance cannot be heard at the December 4, 2000, Regular Commissicn meeting due to scheduling conflicts; that the skateboard ordinance could be considered at the December 18, 2000, Regular Commission meeting if scheduling permits. Vice Mayor Hogle referred to a photograph of a young man skateboarding on the steps of the Federal Building in the November 15, 2000, edition of the Sarasota Herald-Tribune; and stated that skateboarding is damaging the newly acquired Federal Building and fountains and benches near the Gastronomia Ristorante and Uptown Bar located_on Main Street at Links Plaza. Mayor Pillot stated that recent newspaper articles concerning skateboarding indicate skateboarding is a beneficial activity, which may be true, but not in every location in the City; that skateboarding is destroying the Federal Building and other nice areas downtown. D. stated that the Park and Ride Committee of the Metropolitan Planning Organization (MPO) intends to develop five locations within an overlapping five-county region and 10 alternative parking sites; that 47 possible parking sites are under consideration; that a meeting is scheduled in December 2000; that the Park and Ride Committee intends to make a presentation to the MPO; that some locations identified for Park and Ride sites are private property such as churches which do not use parking lots during the day; that the City may develop agreements with some properties for in-town Park and Ride areas; that additional information will be provided to the Commission at the beginning of 2001. 14. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #2 (1684) through (1894) CITY MANAGER SOLLENBERGER: : A. stated that John Wilkes has been named the new Executive Director of the Van Wezel Performing Arts Hall (VWPAH) and will commence employment on December 18, 2000; that the goal to fill the Executive Director position before the end of 2000 has been met. B. stated that Staff has secured a 50 percent matching grant in the amount of $40,000 for architectural studies on the Federal Building from the Bureau of Historic BOOK 48 Page 20342 11/20/00 6:00 P.M. BOOK 48 Page 20343 11/20/00 6:00 P.M. Preservation, Division of Historical Resources, Department of State; that the grant will support a grant application for capital funding in an amount of $250,000 to $400,000 which will be submitted in the spring of 2001; that the appropriations will be determined in November 2001 by the State Legislature upon budget approval; that the City was ranked fourth out of 150 submittals; that Robert Johnson, former State Senator, and member, Historic Preservation Advisory Council, offered favorable remarks on behalf of the City's grant application; that efforts towards restoring the Federal Building continue; that a ceremonial transier of the Federal Building from the Federal government to the City is being planned. CITY AUDITOR AND CLERK ROBINSON: : A. stated that a November 28, 2000, Workshop is scheduled to receive a presentation from the Sarasota/Manatee Metropolitan Planning Organization regarding the Long Range Transportation Plan Update. 15. ADJOURN (AGENDA ITEM XII) #2 (1894) There being no further business, Mayor Pillot adjourned the Regular meeting of November 20, 2000, at 8:25 p.m. 1 : A 1A Bus GENE M. PILLOT, MAYOR ATTEST: CPSOTA : ERebensen B iBrs OROBINSON, CITY AUDITOR AND CLERK - 27 P - 90 2.