Book 40 Page 13779 11/04/96 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 4, 1996, AT 6:00 P.M. PRESENT: Mayor Mollie Cardamone, Vice Mayor Gene Pillot, Commissioners Jerome Dupree, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Mollie Cardamone The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. ADOPTION RE: MEMORIAL RESOLUTION NO. 97R-944, RECOGNIZING THE PASSING OF ROBERT J. GERKIN, SR., LONGTIME EMPLOYEE AND DIRECTOR OF GENERAL SERVICES AND PURCHASING FOR THE CITY OF SARASOTA; ETC. ADOPTED #1 (0040) through (0210) Mayor Cardamone read in its entirety Memorial Resolution No. 97R-944 which recognized the October 29, 1996, passing of Robert J. Gerkin, Sr., who was an employee of the City for over 36 years, held the Director of General Services position since 1987, served his country during the Korean Contlict, and was a charter member of the Beneva Christian Church and Sahib Temple, a member of Cary B. Fish Masonic Lodge and Elks Lodge 1519, and founder and past president of the Florida Association of Governmental Purchasing Organizations. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to adopt Memorial Resolution No. 97R-944. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Cardamone presented the memorial resolution framed in a plaque to Mrs. Gerkin and other family members who were present. 2. PRESENTATION RE: : GRANT CHECK IN THE AMOUNT OF $100,000 THROUGH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR WHITAKER GATEWAY PARK #1 (0210) through (0252) Shirley Brown, State Representative, 69th House District, came before the Commission and stated that the City of Sarasota applied to the Department of Environmental Protection through the Florida Recreation Development Assistance Program and was awarded a grant for Whitaker-Gateway Park on July 1, 1996; that she appreciated the opportunity to work with and assist the City of Sarasota in obtaining the grant and is willing to provide assistance in the future when the City files grant applications. Representative Brown presented Mayor Cardamone with a grant check in the amount of $100,000. 3. ADOPTION RE: PROPOSED RESOLUTION NO. 97R-941, NAMING THE AREA SURROUNDING THE VETERANS 1 MEMORIAL AT THE SARASOTA BAYFRONT AS CHAPLAIN J.D. HAMEL PARK IN APPRECIATION FOR HIS MEASURABLE CONTRIBUTIONS TO THE COMMUNITY; ETC - ADOPTED #1 (0258) through (0432) Mayor Cardamone stated that as requested by Vietnam Veterans' organizations in Sarasota and Manatee Counties, proposed Resolution No. 97R-941 formally names the area around the Veterans Memorial at the Bayfront from Main Street to Ringling Boulevard and U.S. 41 to Gulf Stream Avenue as "Chaplain J.D. Hamel Park. I Mayor Cardamone read in its entirety proposed Resolution No. 97R-941 which referenced numerous, outstanding service awards and recognized Reverend J.D. Hamel's tireless and unwavering dedication to the Sarasota community. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to adopt proposed Resolution No. 97R-941. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Janet Solomon came before the Commission and stated that the dedication is an honor and lasting reminder of what can happen when people in the community strive to work together; that her father, J.D. Hamel. has been referenced as a man who has given his life to his community; that Sarasota is a community which has given life to her father. Mayor Cardamone stated that the formal dedication will take place on Veteran's Day, November 11, 1996. 4. PRESENTATION RE: RETIREMENT AWARD TO GEORGE KEY, CHIEF OF OPERATIONS, PUBLIC WORKS / STREET & HIGHWAY DIVISION, AFTER 42 YEARS OF SERVICE #1 (0432) through (0547) Book 40 Page 13780 11/04/96 6:00 P.M. Book 40 Page 13781 11/04/96 6:00 P.M. Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, and George Key, Chief of Operations, Public Works Department, came before the Commission. Mr. Mountain stated that Mr. Key has concluded his employment with the City after 42 years of service. Mr. Mountain thanked Mr. Key for all his efforts and congratulated him on his retirement. Mayor Cardamone read the Retirement Award in its entirety and presented Mr. Key with a plaque. Mr. Key recognized his wife, daughter, and son who were present in the audience. 5. PRESENTATION RE: RETIREMENT AWARD TO LEON A. ARTHUR, UTILITIES SPECIALIST, PUBLIC WORKS, AFTER 20 YEARS OF SERVICE #1 (0547) through (0630) William Hallisey, Facilities Operations Manager, and Leon Arthur, Utilities Specialist, Public Works Department, came before the Commission. Mr. Hallisey stated that Mr. Arthur has concluded his employment with the City after 20 years of service. Mr. Hallisey thanked Mr. Key for all his efforts and congratulated him on his retirement. Mayor Cardamone read the Retirement Award in its entirety and presented Mr. Arthur with a plaque. 6. PRESENTATION RE: : CERTIFICATE OF APPRECIATION TO JENCIE DAVIS #1 (0618) through (0723) Mayor Cardamone requested that Jencie Davis come forward and read in its entirety a Certificate of Appreciation, recognizing the 80th birthday of Ms. Davis, who has been a very civic-minded and active participant in the City for over half of a century. Mayor Cardamone presented Ms. Davis with the Certificate of Appreciation in a plaque. 7. PRESENTATION RE: : KIDS VOTING AT THE ELECTION POLLS #1 (0733) through (0799) Jean Henry, Executive Director, Kids Voting of Sarasota, came before the Commission and stated that "Kids Voting" has been initiated to re-energize the voting process; that curriculum in the classroom is offered to teach students to become more informed and better voters tomorrow; that students have been encouraged to take their parents to vote at the polls on November 5, 1996; that "Kids Voting" tables will be set up at hundreds of precincts; that the children will be able to vote separately from but while their parents vote. Ms. Henry presented each Commissioner with a shirt reflecting the "Kids Voting" logo. 8. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF OCTOBER 7, 1996, POSTPONED TO OCTOBER 14, 1996 AND MINUTES OF THE REGULAR CITY COMMISSION MEETING OF OCTOBER 21, 1996 - APPROVED (AGENDA ITEM I) #1 (0800) through (0828) Mayor Cardamone asked if the Commission had any changes to the minutes. Mayor Cardamone stated that hearing no changes, the minutes of the regular City Commission meetings of October 7, 1996, postponed to October 14, 1996, and October 21, 1996, are approved by unanimous consent. 9. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY 'S REGULAR MEETING OF OCTOBER 2, 1996 - RECEIVED; APPROVED MANDATORY REZONING TO THE CBN ZONE DISTRICT FOR ELIGIBLE PARCELS ALONG DR. MARTIN LUTHER KING, JR. WAY; DIRECTED CITY ATTORNEY TO: 1) DRAFT AN ORDINANCE RANKING THE NT AND CBN ZONE DISTRICTS BY INTENSITY, 2) DRAFT AN ORDINANCE REFLECTING PROPOSED CHANGES IN HOURS OF OPERATION, YARD REQUIREMENTS, AND GROUND FLOOR RESIDENTIAL UNITS IN THE CBN ZONE DISTRICT, AND 3) SET BOTH ORDINANCES FOR PUBLIC HEARING BEE FORE THE CITY COMMISSION; DIRECTED STAFF TO PROCEED WITH THE REZONING OF PROPERTIES ELIGIBLE FOR THE CBN ZONE DISTRICT AND SET FOR PUBLIC HEARING BEFORE THE PBLP; ACTION DELAYED ON 96-SE-09 AND REZONING OF RMF-1 PROPERTY IN KEN THOMPSON PARK UNTIL AGENDA ITEM VII-2 UNDER UNFINISHED BUSINESS (AGENDA ITEM II) #1 (0847) through (1590) Jane Robinson, Director of Planning and Development, and Robert Lindsay, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Mr. Lindsay presented the following items from the Planning Board/Local Planning Agency's regular meeting of October 2, 1996: > Petition No. 96-CA-01 Mr. Lindsay stated that this is a City-initiated code amendment regarding four issues associated with the Commercial Business Newtown (CBN) Zone District: 1) hours of operation, 2) clarification of minimum front and rear yard requirements; 3) standards for existing/proposed residential units; and 4) correct spelling of the term "Newtown"; that the PBLP recommends mandatory, City-funded rezoning of all properties eligible for the CBN Zone Book 40 Page 13782 11/04/96 6:00 P.M. Book 40 Page 13783 11/04/96 6:00 P.M. District and recommends the following changes to the Zoning Code relating to the CBN Zone District: 1. Permit existing ground floor residential dwelling units in the CBN Zone District. New residential dwelling units will not be permitted on the ground floor. 2. Eliminate restrictions on hours of operation for all permitted uses and special exceptions, except open-air dining at restaurants on property which abuts or is across an intervening street from property zoned residential. 3. Eliminate required front yard setback and clarify language regarding when a rear yard setback is required. Mr. Lindsay stated that the Sarasota City Plan has not been updated to recognize the CBN Zone District; therefore, drafting of an ordinance for the ranking of the NT and CBN Zone Districts is necessary prior to or concurrent with any public hearing held by the City Commission on the rezoning of parcels along Dr. Martin Luther King (MLK), Jr., Way to the CBN Zone District. Commissioner Dupree asked if the mandatory rezoning would apply to the property located between Washington Court and Washington Boulevard from Dr. MLK, Jr., Way south to 24th Street? Ms. Robinson stated that the property referenced may be zoned Residential, Multiple-Family (RMF-3), Commercial Intensive (CI) or Industrial, Light and Warehousing (ILW); that a zoning map will be reviewed by Staff and an accurate response provided. City Manager Sollenberger stated that the Administration supports the position of the PBLP and recommends the following: 1. Direct the City Attorney to draft an ordinance for public hearing before the City Commission which reflects proposed changes in hours of operation, yard requirements, and ground-floor residential dwelling units. 2. Direct Staff to initiate the rezoning of eligible Commercial Neighbohrood (CN) zoned properties to Commercial Business Newtown (CBN). If changes are made to the CBN Zone District standards as recommended by the PBLP on October 2, 1996, then property owners should be contacted and made aware of the changes. The proposed rezoning should go back to the PBLP for a public hearing and a recommendation to the City Commission 3. Approve mandatory rezoning to CBN Zone District for eligible parcels along Dr. MLK, Jr., Way, excluding the residential IMAs. 4. Direct the City Attorney to prepare an ordinance ranking the NT and CBN Zone Districts in the Zoning Intensity Chart as recommended by the PBLP in October 1993, and set a public hearing before the City Commission. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. A Petition Nos. 96-SE-09 and 96-PSD-N Sarasota Sailing Squadron; 1717 Ken Thompson Parkway Mr. Lindsay stated that this is a special exception to permit nongovernmental uses in a Governmental Use (G) Zone District; that the PBLP found proposed Preliminary Site and Development Plan 96- PSD-N consistent with the Tree Protection Ordinance and Petition Nos. 96-SE-09 and 96-PSD-N consistent with the Sarasota City Plan; that the PBLP adopted a resolution approving Petition No. 96-SE-09 subject to the following uses as described in detail in the letter dated July 8, 1996, from Barbara B. Levin, Attorney representing the Sarasota Sailing Squadron, and also subject to approval of a variance and extension of the Sailing Squadron's leasehold by the City Commission: 1. New finger docks on the existing wave fence 2. Extension of the existing main dock to add 15 slips 3. Construction of a designated boat work area 4. Construction of new Youth Sailing Program storage and boat racks 5. Clubhouse improvements 6. Enclosing existing dumpster and recycling area Mr. Lindsay stated that the PBLP also recommends the City initiate a petition to rezone all the Residential, Multiple-Family (RMF) property in Ken Thompson Park to the "G" Zone District. Ms. Robinson stated that the Administration recommends: 1) affirming the PBLP resolution for Special Exception 96-SE-09, which does not include the proposed use on the City-owned property zoned RMF-1 and 2) directing Staff to initiate the process to rezone all RMF-1 property in Ken Thompson Park to the "G" Zone District and a special exception for the appropriate uses. Commissioner Patterson asked if the PBLP reviewed the affect of the leasehold expansion on the Ken Thompson Park Master Plan? Book 40 Page 13784 11/04/96 6:00 P.M. Book 40 Page 13785 11/04/96 6:00 P.M. Mr. Lindsay stated no; that the Master Plan was not presented to the PBLP for review when the Sailing Squadron's petition was considered. Vice Mayor Pillot asked for clarification of the items which the Commission would be approving if the PBLP action is affirmed. Ms. Robinson stated that the PBLP adopted a resolution which will permit the six uses referenced; that the construction of the new Youth Sailing Program storage and boat racks would not be permitted until the RMF-1 zoned property is rezoned to the "G" Zone District. Vice Mayor Pillot asked if construction of the designated boat work area will be approved if the Commission affirms the PBLP's resolution? Ms. Robinson stated yes. Vice Mayor Pillot stated that the Sailing Squadron facility was toured during a constructive and informative meeting held on October 24, 1996, with James Kolb, Commodore, Sarasota Sailing Squadron, who was informed that approval of the construction of the designated boat work area could not be supported without first receiving input from the other, noncommercial leaseholds on City Island, specifically Mote Marine and the Pelican Man's Bird Sanctuary. Ms. Robinson stated that relocating the boat work area has been suggested; that input from the potentially affected leaseholds could be provided at the November 18, 1996, regular City Commission meeting when the Commission considers the leasehold expansions. Commissioner Patterson stated that the process being followed regarding the Sarasota Sailing Squadron petitions and the Ken Thompson Master Plan lacks sequential structure; that the Parks, Recreation, and Environmental Protection Advisory Board and the PBLP were requested to approve the special exception and leasehold expansion petitions without an opportunity to review the petitions in context with the Master Plan; that Unfinished Business, Item VII-2, requests approval of the Master Plan; that the leasehold expansions requested by the Sailing Squadron may conflict with the Master Plan; that relocating the boat work area approximately 150 feet to the east of the proposed location should be considered to reduce the potential noise impacts equipment used to sand boat bottoms may have on the adjacent property, which is planned as a waterfront recreational area; that the Commission should consider delaying action on Petition No. 96-SE-09 until the Master Plan is considered under Agenda Item VII-2. Mr. Lindsay stated that the PBLP did not participate in the development of the Ken Thompson Master Plan and was not aware of the status of the Master Plan when the Sailing Squadron petitions were considered. Mr. Lindsay continued that acquiring permits from other agencies is necessary before the Sailing Squadron can construct the new finger piers and docks proposed; that the permitting process can be lengthy; that Commission approval for the new finger piers and docks would allow the Sailing Squadron to proceed while other issues of concern are being addressed. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Ken Thompson Master Plan has been developed through the Parks, Recreation, and Environmental Protection Advisory Board with input from other leaseholders on Ken Thompson Park; that the completion of the Master Plan has coincided with presentation of the PBLP Board report; however, the Master Plan was not completed when the PBLP considered the Sailing Squadron petitions. Mayor Cardamone asked if Unfinished Business, Item VII-2, was agendaed sO the Ken Thompson Master Plan and Budget could be reviewed or was approval of the Master Plan expected tonight? Mr. Schneider stated that scheduling the Master Plan and Budget for review is optional; that approval of the Sailing Squadron's proposed leasehold expansion has been scheduled for November 18, 1996; that adoption of the Master Plan could be deferred until November 18, 1996, and addressed with the leasehold expansion. Vice Mayor Pillot stated that affirmation of the PBLP's resolution could be supported if construction of a designated boat work area is excluded. Commissioner Patterson stated that the Parks Board may have participated in the development of the Ken Thompson Master Plan but was not provided an overlay of the proposed Sarasota Sailing Squadron's leasehold expansion for comparison with the Master Plan as the City Commission was during individual briefings with Staff; that genuine support from the Parks Board and the PBLP in favor of the proposed leasehold expansion is questionable as an opportunity for them to view the apparent impacts of the expansion on the Master Plan was not provided. Ms. Robinson stated that Petition No. 96-SE-09 could be scheduled for public hearing on November 18, 1996, on which date the Commission will also be discussing the variances and leasehold expansion requested by the Sailing Squadron. Commissioner Dupree stated that an amendment to the Master Plan would be required if the leasehold expansion is approved; that the services offered by the Sailing Squadron are beneficial to the Sarasota community; that the new Youth Sailing Program is vitally important; that Petition No. 96-SE-09 could be supported if construction of a designated work area is éxcluded. Book 40 Page 13786 11/04/96 6:00 P.M. Book 40 Page 13787 11/04/96 6:00 P.M. Commissioner Dupree continued that setting a precedent by which other leaseholders could request similar expansions to those proposed by the Sailing Squadron concerns him. Commissioner Patterson stated that Commission action on Petition No. 96-SE-09 could be delayed until the Ken Thompson Master Plan is presented under Agenda Item VII-2. Mayor Cardamone stated that hearing no objections, Commission action regarding Petition No. 96-SE-09 and rezoning RMF-1 property in Ken Thompson Park will be delayed until the Ken Thompson Master Plan is presented later in the agenda. On motion of Commissioner Dupree and second of Commissioner Patterson, it was moved to receive the PBLP report of October 2, 1996. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 10. BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD 'S REGULAR MEETING OF OCTOBER 8, 1996 - RECEIVED; SET PETITION NOS. 94-HDD-02, 96-HD-07, AND 96-HD-09 FOR PUBLIC HEARING #1 (1600) through (1710) Jane Robinson, Director of Planning and Development, came before the Commission and stated that Robert Town, Chairman of the Historic Preservation Board, was unable to attend the meeting. Ms. Robinson presented the following items from the Historic Preservation Board's regular meeting of October 8, 1996; and stated that the Board recommends to the City Commission approval of the following: > Petition 94-HDD-02 The Second Street District 1243 Second Street 1249 = 1251 Second Street 1259 Second Street 1267 Second Street Petition 96-HD-07 2929 Bahia Vista Street The Scarborough House Petition 96-HD-09 2319 Ixora Avenue Asa Causey House Ms. Robinson stated that the Administration recommends receiving the Board's report and setting the petitions for public hearing. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to set Petition Nos. 94-HDD-02, 96-HD-07, and 96-HD-09 for public hearing. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to receive the Historic Preservation Board report of October 8, 1996. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 11. CONSENT AGENDA NO. 1: ITEM NO. 1 - APPROVED; ITEM NO. 2 APPROVED (AGENDA ITEM III-A) #1 (1710) through (1907) Commissioner Patterson requested that Item No. 1 be removed for discussion. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Utility Right-of-Way Subordination Agreement between the State of Florida Department of Transportation (FDOT) and the City of Sarasota for transferring the City's interest in the 10-foot wide waterline easement to FDOT across the new right-of-way on SR 758 (Bay Road) from Osprey Avenue to U.S. 41 On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve Consent Agenda No. 1, Item 2. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Third Amendment to the professional services contract with Environmental Science and Engineering, Inc., (RFP #93-19) to prepare and implement a Contamination Assessment Plan and Report for the Closed landfill underlying the Ed Smith Stadium Commissioner Patterson stated that assessment of the environmental problems at the Ed Smith Stadium has been ongoing for a long time; that the funding requested will not actually correct any environmental problems but only provide for additional assessments; that the dollars expended for Environmental Science and Engineering, Inc., (ESE) to perform assessments have been mounting; that obtaining a second opinion regarding the amount of fees being charged by ESE and how the process can be brought to closure should be considered; that she will vote against the item. City Manager Sollenberger stated that contaminated soil from a former asphalt plant on the site and an abandoned City landfill were discovered during construction of the Ed Smith Stadium in 1988; that the discovery was reported to the Florida Department of Environmental Regulation (FDER); that at the time, construction of the Stadium was permitted to continue; however, preparation of a Contamination Assessment Plan and Report was required to comply Book 40 Page 13788 11/04/96 6:00 P.M. Book 40 Page 13789 11/04/96 6:00 P.M. with a Consent Order issued by the State; that the City contracted with ESE to prepare the Plan and Report; that two amendments to the original agreement for professional services were subsequently required: 1) to prepare a Contamination Assessment Report following implementation of the Plan and 2) to prepare an addendum answering additional State questions that arose from implementation of the Plan; that the Stadium area has been watered extensively with reuse water; that the results of the analyses performed for the addendum to the Report indicated that dewatering from construction of Tuttle Avenue may have drawn the groundwater plume to the east; that the State is requesting that the eastward limits of the influence of the landfill on the surficial groundwater quality be monitored; therefore, a third amendment to the original agreement for services with ESE has been presented to the Commission for approval. City Manager Sollenberger continued that the City may be required to perform monitoring in the future but not to the extent which the State has requested at this time. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to approve Consent Agenda No, 1, Item 1. Motion carried (4 to 1): Dupree, yes; Merrill, yes; Patterson, no; Pillot, yes; Cardamone, yes. 12. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 97R-938) ADOPTED; ITEM 2 (RESOLUTION NO. 97R-940) - ADOPTED (AGENDA ITEM III-B) #1 (1907) through (1980) City Auditor and Clerk Robinson read proposed Resolution No. 97R-938 by title only and proposed Resolution No. 97R-940 in its entirety. 1. Adoption Re: Proposed Resolution No. 97R-938, 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 the property described in each abatement report for the amount stated therein; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 97R-940, appropriating $141,875 from the Unappropriated Fund balance of the General Fund to make emergency repairs to Ben Franklin Drive for areas damaged by Tropical Storm Josephine; etc. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to adopt Consent Agenda No. 2, Items 1 and 2. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Mayor Cardamone requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 13. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3961, TO REZONE CERTAIN PARCELS OF REAL PROPERTY IN THE VICINITY OF NORTH TAMIAMI TRAIL (U.S. 41) THAT HAVE BEEN DESIGNATED AS ELIGIBLE FOR REZONING TO THE NORTH TRAIL ZONE DISTRICT (NT) BY THE SARASOTA CITY PLAN; SAID REAL PROPERTY BEING LOCATED IN THE VICINITY OF U.S. 41 FROM APPROXIMATELY FIRST STREET NORTHERLY TO THE NORTH CITY LIMITS LINE OF THE CITY OF SARASOTA, AS MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 96-RE-01, CITY OF SARASOTA) - PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (2010) through (2298) Jane Robinson, Director of Planning and Development, came before the Commission and stated that proposed Ordinance No. 96-3961 is the result of a City-initiated petition and will rezone 59 within an Impact Management Area (IMA) along North Tamiami Trail parcels to the North Trail (NT) Zone District; that on September 4, 1996, the Planning Board/Local Planning Agency (PBLP) found Rezoning Petition No. 96-RE-01 consistent with the Sarasota City Plan and recommended approval to the City Commission, subject to the deletion of the property located at 1232 12th Street, owned by the State of Florida and appropriately designated in the Governmental Use (G) Zone District, and the Hickory Hill Condominiums parcel located at 916 46th Street, which is zoned Residential, Multiple-Family (RMF-4); that eligible property owners were given the opportunity to participate in Phase II of the North Trail (NT) Rezoning or to decline by submitting an objection letter; that property owners of approximately 29 parcels declined; that the potential for an increase in taxes was the primary reason stated on the objection letters returned. Vice Mayor Pillot asked if the two parcels recommended for deletion by the PBLP are included in the 59 parcels referenced? Ms. Robinson stated no. Commissioner Patterson stated that the majority of the between North Tamiami Trail and West Tamiami Circle are included parcels in Book 40 Page 13790 11/04/96 6:00 P.M. Book 40 Page 13791 11/04/96 6:00 P.M. the NT Zone District; and asked the rationale for leaving the six parcels on West Tamiami Circle as currently zoned. Ms. Robinson stated that many of the parcels are integrating with a parcel which has frontage on North Tamiami Trail to provide for better development on the property; that the neighborhood consented to including those parcels in the NT Zone District. Mayor Cardamone opened the public hearing. The following people came before the Commission: Barbara Cherry, 3907 Bay Shore Road (34234), representing the North Trail Association, stated that the North Trail Association supports Phase II of the NT Rezoning, which will enhance the properties on North Tamiami Trail and culminate the Gateway 2000 process which began in 1992. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. V. Peter Schneider, Deputy City Manager, stated that the Administration recommends passing proposed Ordinance No. 96-3961 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3961 by title only. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to pass proposed Ordinance No. 96-3961 on first reading. Commissioner Patterson asked if abutting neighborhood properties were notified regarding this public hearing? City Auditor and Clerk Robinson stated that property owners within 500 feet of each of the properties being rezoned were notified of tonight's public hearing as well as the public hearing held before the PBLP. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes. 14. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3971, PERTAINING TO ASSESSMENT OF FEES FOR EXCESSIVE FALSE SECURITY ALARMS; REI PEALING EXISTING CHAPTER 4, ALARM SYSTEMS ARTICLE II PERTAINING TO BURGLAR ALARMS; AMENDING CHAPTER 11, BUILDINGS AND BUILDING REGULATIONS TO ESTABLISH A NEW ARTICLE XII, ALARM SYSTEMS; PROVIDING DEFINITIONS; ASSESSING A SCHEDULE OF FEES; PROVIDING A PROCEDURE FOR REPEAT OFFENDERS ; STATING FINDINGS OF FACTS CONCERNING FALSE ALARMS AND THEIR DETRIMENTAL EFFECT; PROVIDING FOR A PENALTY FOR VIOLATIONS EQUAL TO A FINE NOT EXCEEDING FIVE HUNDRED DOLLARS OR BY IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; REE PEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-2) #1 (2298) through (2841) Edward Whitehead, Captain, Sarasota Police Department, and Mark Singer, City Attorney's Office, came before the Commission. Captain Whitehead stated that he is in charge of the alarm enforcement unit at the Sarasota Police Department; that review of Chapter 4 of the City Code, pertaining to Fire and Burglar Alarm Systems, began approximately twO years ago when a combined task team of Police and Fire personnel was assigned to identify changes necessary to provide for better enforcement of the ordinance; that the subsequent consolidation of County and City Fire Departments changed the focus of the task team; that a significant rewrite was required to separate Fire and Police issues; that the proposed ordinance focuses on security alarm systems. Captain Whitehead explained in detail the following ways in which the proposed ordinance differs from the existing ordinance: 1. Includes all types of security alarms, including burglar, robbery, personal hostage, and panic alarms. 2. Standardizes and more clearly defines terms necessary to the enforcement of the ordinance. 3. Includes penalties for those persons who refuse to respond to the alarm within 30 minutes, including those incidents when the police are unable to contact any keyholders. 4. Retains the same fee schedule for alarm malfunctions with no charges accrued for the first three within a calendar year, a charge of $25 each for malfunctions four through six, and $50 each for seven and above. 5. Allows three alarms caused by human error, negligence, or misuse before charges accrue. Reduces the fees from $100 to $50 each for incidents four, five, and six and from $200 to $100 each for seven or more incidents. 6. Changes the fine for failure to return a Cause and Corrective Action Affidavit from $500 to a sliding scale of $25 for the first ofiense, $100 for a second offense, $200 for a third offense, and $500 for a forth offense. Book 40 Page 13792 11/04/96 6:00 P.M. Book 40 Page 13793 11/04/96 6:00 P.M. Extends the grace period for return of the Affidavit from 15 days to 21 days. 7. Changes the appeals process, routing appeals through the Code Enforcement Special Master rather than the City Manager. Vice Mayor Pillot asked for clarification of the entrance procedure followed when the police respond to a residential alarm and the property owner or keyholder is present. Captain Whitehead stated that entering of the residence is by permission of the owner if the owner is present; that the police must identify if the alarm was a false alarm set off by human error or a mechanical defect; that the police are dismissed after the response paperwork is completed if the property owner admits to accidently setting off the alarm; that in accordance with the existing ordinance, when an alarm is caused by a mechanical defect the property owner has 15 days to return an affidavit stating that the alarm system has been inspected by a certified technician and is functioning property; that 2700 alarm systems exist in the City of Sarasota; that encouraging permit holders and alarm businesses to maintain the operational reliability and the proper use of alarm systems will limit unnecessary emergency police responses to false alarms/alarm malfunctions. Captain Whitehead continued that the police will conduct an external visual inspection of the house and search for obvious signs of burglary or false entry if a keyholder responds to the alarm; that finding none, the police will enter and check the interior of the house with the keyholder's permission; that - a police officer enters the residence first, calls for back up, and begins a burglary investigation if any signs of attempted entry or crime are identified. Mayor Cardamone asked the purpose of basing the number of alarm malfunctions allowed to accrue on the calendar year versus the permit year. Captain Whitehead stated that the calendar year begins at the time the permit is issued; that, for example, an individual who obtains a permit in July will be allowed to accrue three alarm malfunctions through December 31 before being charged a fee; that the calendar year is used to provide more efficient tracking on the computer. Commissioner Merrill asked the number of alarms to which the police respond and the time police spend on site? Captain Whitehead stated that the police respond to approximately 10 alarms daily; that the time spent on site depends on the circumstances; that as little as 5 minutes is required if the property owner is present; that up to 30 minutes can be spent waiting for the keyholder to arrive; that the police leave after 30 minutes if there is no response from the property owner or keyholder and the property appears secure from visual examination. Commissioner Merrill asked if the fine has modified people's behavior regarding false alarms? Captain Whitehead stated that people had no incentive to maintain proper operation of alarm systems before the City adopted the existing alarm ordinance; that police were responding to many of the same locations numerous times daily; that the Police Department has aggressively pursued registration of alarm systems and collection of fines; that the increase in registration has made more people aware of the ordinance resulting in a decrease in alarm activations and the number of fines issued. Commissioner Merrill asked if a change in behavior is anticipated with the reduction in the fine amounts? Captain Whitehead stated no; that the original rationale for the higher fines was that alarms caused by human error are preventable; that a false alarm requires the same response and use of resources as an alarm malfunction; therefore, a reduction in the fine has been recommended to provide equity; that based on experience, the majority of the fines associated with failure to return a Cause and Corrective Action Affidavit result from paperwork snafus or the inability of the permit holder, through no fault of their own, to schedule service in a timely manner. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-3971 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 97-3971 by title only. On motion of Commissioner Dupree and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 97-3971 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. 15. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3972, ESTABLISHING THE BOUNDARIES OF THE CITY AS REQUIRED BY ARTICLE I, SECTION 3, CHARTER OF THE CITY OF SARASOTA (1996); SETTING FORTH FINDINGS ; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-3) Book 40 Page 13794 11/04/96 6:00 P.M. Book 40 Page 13795 11/04/96 6:00 P.M. #2 (2841) through (2950) City Attorney Taylor stated that proposed Ordinance No. 97-3972 establishes the boundaries of the City as required by Article I, Section 3, Charter of the City of Sarasota (1996); that the long description setting the boundaries which was included in the 1988 Charter has been deleted; that the current boundaries of the City are being surveyed, but the survey has not been completed; therefore, the proposed ordinance utilizes the boundaries formerly established in the 1988 Charter; that an amendment to the ordinance will be required upon completion of the survey. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-3972 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 97-3972 by title only. On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved to pass proposed Ordinance No. 97-3972 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 16. SCHEDULED PRESENTATION RE : PRESENTATION RE: : STATUS OF MARINA JACK PROJECT (AGENDA ITEM V-1) #1 (2952) through #2 (0864) Jack Graham, and John Strickland, Attorney, representing Jack Graham, Inc., came before the Commission. Mr. Graham stated that 3.5 years ago an airplane crashed into and completely destroyed several docks at Marina Jack; that upgrading the old wooden docks to concrete structures has been desired; however, time has caused tremendous silting of the Bay bottom; that the City was requested to dredge the Bay bottom, as provided for in the lease agreement between Jack Graham, Inc., and the City of Sarasota; that although considerable design efforts and expense were expended to file application for permits, no permits to rebuild the docks have been received and no dredging has occurred; that the loss of dock use has resulted in a considerable loss in revenue. Mr. Graham continued that on June 17, 1995, the City and Jack Graham, Inc., entered into a lease modification agreement for the Marina Jack facility he has been operating for 28 years; that the effective date of the new agreement was subject to approval by the Trustees of the Internal Improvement Fund; however, a gentlemen's agreement between both parties was reached to proceed as if the lease modification were in effect until Trustee approval was obtained; that the modified rental rate has been paid since January 1995; that Trustee approval has yet to be obtained. Mr. Graham stated further that the following were renegotiated under the terms of the lease modification: At City request Jack Graham, Inc., agreed to renovate and modernize the Marina Jack facility to complement the Bayfront improvements. A In order to protect the City's investment in the Bayfront, Jack Graham, Inc., agreed to relocate commercial boats from the south to the north side of the marina and to construct new docks. The City indicated the original lease provision requiring maintenance of the entire marina operations area at a level of 10 feet below mean low tide placed a heavy financial burden on the City; therefore, Jack Graham, Inc., agreed to reduce the level of dredging required to 4.5 feet, except in certain designated areas. Mr. Graham stated that almost two years have past since the City, as landlord, and Jack Graham, Inc., as the tenant, entered into the lease modification agreement; that he has spent approximately $450,000 in architectural, engineering, and other costs associated with the restaurant renovations and docking improvements, posted a $0.5 million bond, obtained building permits, and hired a contractor; that in addition $400,000 was paid last year to replace fuel tanks and to address the contamination resulting from the leaky, old fuel tanks, which were inherited from the previous marina lessee; that the new lease extension will not compensate the cost incurred to cure the fuel-tank problem. Mr. Graham continued that an error in the description of the area leased by the City to Jack Graham, Inc., was discovered earlier this year as the cause delaying receipt of approval from the Trustees; that within the last 30 days, he was informed the Trustees will not approve the lease modification until the City resolves the problem; that Attorney Strickland met with City Manager Sollenberger on November 1, 1996, and reached an agreement regarding the dredging; that the City also agreed to take the action necessary to resolve the problem with the lease description; that a commitment from the City Commission regarding the City's proceeding with those two issues in a timely and Book 40 Page 13796 11/04/96 6:00 P.M. Book 40 Page 13797 11/04/96 6:00 P.M. businesslike fashion is requested; that under the present circumstances he cannot continue to do business in reliance of the gentlemen's agreement reached and would suggest a recapturing of the property as provided for in the lease agreement if the Commission is not willing to make the commitment requested. Vice Mayor Pillot asked for Claritication of the "Trustees" to whom Mr. Graham referred. Attorney Strickland stated that the Trustees of the Internal Improvement Fund is the State of Florida's Cabinet to the Governor; that the Bureau of Land Management, who provides a recommendation to the Cabinet, is the agency addressing the issue; that he and City Attorney Taylor met with Bureau representatives in Tallahassee approximately EWO weeks ago; that correcting the error in the description or obtaining a marina lease from the State is necessary to correct the problem; that the records from 1986 indicate the description error was evident to an employee from the City's Engineering Department who requested a 15-year grandfather provision for the area; however, the City employee inadvertently failed to notify the tenant and apparently any other City officials about the error in description; that the City has agreed to lease Jack Graham, Inc., a substantial portion of the Bay bottom on which approximately 100 docks have been constructed and to which the City has absolutely no rights according to the State of Florida. Vice Mayor Pillot asked the process required to correct the error in description? Attorney Strickland stated that City Attorney Taylor and City Manager Sollenberger have agreed to rectify the problem by pursuing an amendment to include the necessary marina operations areas in the City's dedication; that the alternative option would be for the City to obtain a marina lease from the State and sublease the appropriate areas to Jack Graham, Inc.; that the original 1964 lease agreement between the City of Sarasota and Marina Mar, Inc., included the marina operations area by attachment, which in turn was assigned to the original lease with Jack Graham, Inc. in 1968; that the Cabinet approved an extension of the lease area in 1972 based on the description; that lease agreements have repeatedly been approved in Tallahassee; however, the Bureau of Land Management has now decided the error must be corrected. City Attorney Taylor stated that he is optimistic an amendment to the dedication can be achieved; that the prefacing clauses of the original Marina Mar, Inc., lease states the date on which the Trustees approved the lease, including the marina operations area; that the error in the area description has perpetuated lease amendments subsequently approved by the Trustees; that in essence the document which should have existed in 1964 simply does not exist; that the Bureau of Land Management recommended a history on the issue be submitted in writing for presentation to the Governor and the Cabinet; that petitioning the Cabinet to correct the deficiency in the dedication will become a political issue; that the Bureau has well-advised a strong effort be put forth by the City to increase the chances of obtaining approval of an amendment; that, hopefully, the State will approve the amendment without requiring the City to pay for the rights to the Bay bottom; however, an awkward situation exists regarding the improvements made on the Bayfront as, according to the State, the City did not have the underlying authority to lease the area. Attorney Strickland stated that Mr. Graham is extremely hesitant to proceed with the restaurant renovations, at a cost estimated in excess of $1 million, until a firm commitment is obtained that the City will abide by the terms of the lease modification and proceed in a timely and businesslike fashion to perform the required dredging and to correct the lease description. Commissioner Patterson asked if Mr. Graham has been paying dollars to the State for the portion of the Bay bottom in question? Attorney Strickland stated no; that the City's intent to acquire the 211 feet at the north end of the marina in 1972 never materialized; that a marina lease, in his client's name only, was obtained directly from the Cabinet for the 211-foot area; that the marina lease was assigned to the City under the lease modification, but Jack Graham, Inc., continues to pay the lease fee for the area. Commissioner Patterson asked for clarification of the grandfathering provision. Attorney Strickland stated that in 1986 the State grandfathered for 15 years the portions of the marina operations area which were not included in the City's original dedication; that the description of the marina operations area does not include the locations at which numerous docks or the finger pier at Marina Jack have been constructed; that Mr. Graham has financed the Marina Jack operation out-ot-pocket; that the error in description would have been identified earlier if bank financing had been required. Commissioner Dupree asked the time frame anticipated to obtain an amendment to the dedication? Attorney Strickland stated that the Bureau of Land Management indicated the issue could be resolved in 90 days, optimistically, and 6 months, realistically; that City Attorney Taylor is consulting with an attorney in Tallahassee who formerly provided counsel to the Bureau. Commissioner Dupree asked if preparation on the document for the State has commenced? Book 40 Page 13798 11/04/96 6:00 P.M. Book 40 Page 13799 11/04/96 6:00 P.M. Attorney Strickland stated that addressing the issue administratively through the Bureau of Land Management was discussed with Bureau personnel as a viable option earlier in the year; that a change in personnel at the Bureau has since occurred, and the City has been advised an amendment to the dedication is now required; that obtaining Cabinet approval for an amendment will not be easy. City Attorney Taylor stated he obtained knowledge for the first time two weeks ago that a former City Engineer had processed a document with the State in 1986 formally requesting a grandfather provision to address the area leased which was not under the City's authority; that the formal request indicates at least one City representative knew the problem existed and places the City in an awkward position with the Bureau of Land Management. Commissioner Patterson stated that assistance from the local Legislative Delegation should be requested. Commissioner Merrill asked the type of commitment being requested? City Attorney Taylor stated that the City Administration and the City Attorney's Office are committed to proceeding forward on the dedication issue as quickly as possible; that Mr. Graham and Attorney Strickland, on behalf of Jack Graham, Inc., are requesting that the City Commission realize and support that a concerted effort by the City is necessary to correct the problem; that a history and formal written request will be filed with the Bureau of Land Management for presentation to the Governor and the Cabinet; that corrective action at no cost to the City will be requested to include within the City's dedication the marina operations area in question. Mr. Graham stated that with experience comes faith; that difficulties have been experienced with the City Administration's proceeding as agreed in the past; therefore, a commitment from the Commission is requested. Attorney Strickland stated that Jack Graham, Inc., has experienced problems repeatedly with the City Administration's failure to proceed as agreed upon, e.g., an agreement on the dredging issue was reached in January 1995, but the dredging has yet to occur; therefore, a commitment for the Administration to accomplish in a timely and businesslike manner the issues agreed upon at the November 1 meeting is being requested. Çity Manager Sollenberger stated that seeking a correction to the dedication is clearly the obligation of the City; that a former City employee sought a temporary solution to the problem, which was inappropriate; that the Administration intends to use whatever resources necessary to resolve the issue. City Manager Sollenberger continued that in accordance with the lease modification, the City also has an obligation to perform dredging to a depth of 4.5 feet in the marina operations area; that determining which entity would take the lead on the engineering and the contracting of the dredging as well as obtaining sound readings to properly respond to a request for additional depths has delayed the dredging project; that an area the City is responsible for dredging was inadvertently omitted from the documents attached to the lease; that amending the document, viewed as a technical issue, will not prevent the dredging from commencing; that preliminary analysis of the dredging indicates the City's obligation will be far less than estimated when the lease was originally negotiated; that the Administration is in a position to move forward expeditiously and accomplish the dredging. City Attorney Taylor stated that a letter of deficiency from the State was received in August 1995 in response to the original applications submitted for a dredging permit; that clarification of the City's rights to the Bay bottom was referenced in the deficiency report; that a representative at the Bureau of Land Management indicated the issue could be resolved administratively in conjunction with the assignment to the City of the submerged land lease previously approved by the State for Jack Graham, Inc.; that the Bureau representative with whom the City was dealing subsequently retired; that approximately two weeks ago the City was informed a formal process is necessary to resolve the issue; that the City Attorney's Office intends to aggressively pursue an amendment to the City's dedication. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to fully support the agreement reached between Mr. Graham, Attorney Strickland, City Manager Sollenberger, and City Attorney Taylor on November 1, 1996, regarding dredging and the correction of any legal description problems at the Bayfront and to request that every appropriate effort be made by the City for the earliest, possible achievement of the dredging and the correction of the legal description. Commissioner Dupree asked if the intent of the motion is to have the issues addressed in a timely and businesslike manner? Vice Mayor Pillot stated yes. Commissioner Patterson stated that her husband's law firm represents Jack Graham, Inc.; therefore, she declares a conflict of interest and will not vote on this item. Mayor Cardamone called for the vote on the motion. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, abstained; Pillot, yes; Cardamone, yes. Book 40 Page 13800 11/04/96 6:00 P.M. Book 40 Page 13801 11/04/96 6:00 P.M. 17. SCHEDULED PRESENTATION RE: IMPACT FEES ON ACCESSORY DWELLING UNITS IN THE PROPOSED LAUREL PARK CONSERVATION DISTRICT (AGENDA ITEM V-2) #2 (0864) through (1505) Devin Rutkowski, representing the Laurel Park Neighborhood Association (LPNA), I came before the Commission and stated that over the past four months, the LPNA has been compiling data and conducting surveys to assist City Staff in developing the Conservation District proposed for Laurel Park; that current zoning permits replacement of demolished, single-family bungalows with apartment buildings; that the majority of residents surveyed favored replacing a single-family dwelling with a new house and an accessory dwelling similar to the garage apartments or mother-in- law suites found along the "flower" streets, in Sapphire Shores, McClellan Park, Gillespie Park, and Laurel Park; that the 13 units per acre density allowed in the existing zone district would remain virtually the same if each property owner built an accessory dwelling unit in the future; however, research indicates the impact fee schedule does not address garages or accessory dwelling units and the following impact fees apply to single-family detached dwellings in the City of Sarasota: $3,300 City Water/Sewer 1,807 Road Improvements 157 Libraries 392 Parks $5,710 Total Impact Fees Mr. Rutkowski stated that the concept of providing for accessory dwelling units envisions restrictions on size, e.g., 400 square feet and 600 square feet as the minimum and maximum square footage permitted, which is equivalent to the typical size of a garage; that applying the impact fees for a single-family detached dwelling to a 500-square-foot accessory dwelling unit will result in an impact-fee cost of $11 per square foot; that construction costs may also be higher than the standard $40 per square foot if the property owner is required to match the character, scale, proportion, and materials of the existing bungalow; that the concept of changing the current zoning, which allows for large apartment buildings, to a zoning which encourages preservation of the existing buildings and new construction of additional buildings in scale and character with the existing neighborhood may not be feasible if the property owner will be assessed approximately $6,000 in impact fees. Mr. Rutkowski stated that the impact fees would be reduced to $2,410 if the impact fee for water and sewer could be eliminated; and asked if the $3,300 impact fee would be applicable if the water and sewer lines are connected to the main house and not separately metered? Commissioner Patterson stated that is correct based on the information she received from Staff. Mr. Rutkowski continued that discussions with representatives in the Department of Housing and Community Development have been held regarding the use of State Housing Initiative Program (SHIP) funds to reduce impact fees; that he was a member on the advisory board established to provide input regarding the SHIP funds; that the advisory board voted against using SHIP funds to reduce impact fees but discussed providing housing incentive districts to revitalize older neighborhoods and to provide for affordable housing, which is similar to the concept of a conservation district; however, the County's board has shown no interest in utilizing SHIP funds to provide incentives; that rent control restrictions may apply if the SHIP funds are used. Mr. Rutkowski further stated that the City and County both have Density Reduction Impact Fee Transfer (DRAFT) programs; that the City's program was recently extended for three years; that currently, the program is only applicable if the same individual owns the receiving and sending sites; therefore, utilizing the DRAFT program to provide an incentive for accessory dwelling units would not be feasible; that the County could view the new accessory dwelling units as impacting roads, libraries, and parks; however, the City could develop a policy to specifically address the construction of accessory dwelling units; that well over 300 single-family homes in the City have been demolished over the past eight to ten years; that perhaps the density remaining from some of those buildings could be transferred to provide for construction of accessory dwelling units; that, for example, six houses were demolished in conjunction with the construction of the new Walgreens at Fruitville Road and U.S. 301 and the new Eckerd at Fruitville Road and Tuttle Avenue. Commissioner Patterson stated that the property owner is provided a credit against the impact fee obligation on the property where the demolition occurred. Mr. Rutkowski asked if the property owner has a specific time frame in which another dwelling unit must be built in order to retain the credit? City Manager Sollenberger stated no. Commissioner Patterson stated that her interpretation from speaking with Donald Hadsell, Director of Housing and Community Development, was that SHIP funds could be utilized to mitigate impact fees; that the City may be able to utilize SHIP funds to reduce road impact fees in targeted areas; and requested that the Administration report back to the Commission regarding the potential use of SHIP Funds. Book 40 Page 13802 11/04/96 6:00 P.M. H - aaiasai Book 40 Page 13803 11/04/96 6:00 P.M. Mayor Cardamone stated that the SHIP funds may not be continuously available to mitigate road impact fees, which could create problems for property owners in the future. Commissioner Patterson stated that the use of SHIP funds to mitigate road impact fees could be provided as an incentive but not exclusively in the Conservation District. Mr. Rutkowski stated that a time period within which property Owners would qualify for the incentive could be set, e.g., if an accessory dwelling unit is constructed within 30 months of the adoption date of the new zone district. Mayor Cardamone stated that the concept of allowing for accessory dwelling units to encourage property owners to upgrade the neighborhood is supported; and requested that Staff provide the Commission with a list of viable options for the concept. Commissioner Patterson stated that a City subsidy would be required for any options Staff may develop; that the potential of reducing road impact fees in the City will be discussed at the Commission workshop scheduled for November 5, 1996. Mayor Cardamone stated that connecting the water/sewer meter to the main house could be one of the options Staff develops. Commissioner Patterson stated that Manatee County and the City of Bradenton both have lower impact fees for water and sewer than the City of Sarasota; however, the impact fees in Sarasota County are higher. Mr. Rutkowski stated that the impact fee for water and sewer in Sarasota County is $5,500. Commissioner Merrill stated that the definition of a dwelling unit is dependent upon the amenities provided, e.g., a room above a garage without a stove is not considered a dwelling unit; that the providing latitude under the definition of a dwelling unit could be considered and applied to accessory dwelling units. Mr. Rutkowski stated that assessing a percentage of the impact fee could be considered; that the impact fees on a 500-square-foot structure and a standard single-family dwelling should not be the same. City Manager Sollenberger requested comments from Staff regarding the issues discussed by the Commission. William Hallisey, Facilities Operations Manager, Public Works Department, came before the Commission and stated that an additional impact fee would not be assessed for an accessory dwelling unit if the same water/sewer meter and connections were retained; however, an impact fee would be required if the size or the capacity of water going through the meter increased. Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission and stated that research on the criteria determining a dwelling unit under the County's impact fee schedule will be required; that the concept of an accessory dwelling unit is similar to the creation of a room over a garage, for which the County does not assess impact fees; that some latitude under the dwelling unit definition may exist. Commissioner Merrill stated that information is necessary regarding the manner in which the County determines a dwelling unit; that, for example, would a house which has three separate apartments but only one electric meter and one water/sewer meter be viewed as three dwelling units or one house with three roommates? Mr. Rutkowski stated that the intent of providing for accessory dwelling units is to encourage property owners of houses converted to duplexes or tri-plexes to convert those houses back into single- family dwellings by allowing for another rental unit to be built. Mayor Cardamone requested that Mr. Rutkowski provide the Commission with a status report in the future. 18. CITIZENS' INPUT CONCERNING CITY TOPICS - ADMINISTRATION TO RESPOND TO HI-NOON LYONS CLUB REGARDING A UTILITY BILLING CREDIT (AGENDA ITEM VI) #2 (1505) through (1648) Gaylord Berlin, 540 East Lake Drive (34232), representing the Sarasota Hi-Noon Lions Club, stated that a contractor was hired to pressure clean and paint the Lions Club building located at 120 South Tuttle Avenue; that the average monthly water bill received is $42 to $48; that a water bill in the amount of $866.75 was received the month after the painting was performed; that a letter was sent to the Utilities Billing office requesting relief of $472 in sewer charges but no response has been received. Mr. Berlin submitted a copy of the letter and the utility bill to City Manager Sollenberger. City Manager Sollenberger stated that ordinarily the City will credit the sewer portion of a utility bill after being notified about an extenuating circumstance; that the issue will be reviewed and a response provided to the Lions Club. 19. UNFINISHED BUSINESS: REPORT RE: REQUEST BY HISTORIC PRESERVATION BOARD TO DESIGNATE 1015 NORTH ORANGE AVENUE / CITY Book 40 Page 13804 11/04/96 6:00 P.M. Book 40 Page 13805 11/04/96 6:00 P.M. WATER WORKS BUILDING, AS A BUILDING OF LOCAL HISTORICAL SIGNIFICANCE = NO ACTION TAKEN (AGENDA ITEM VII-1) #2 (1648) through (1845) Jane Robinson, Director of Planning and Development, came before the Commission and stated that the City Water Works building is currently eligible for all the benefits assigned to a structure listed on the National Register of Historic Places; that the property is also located in the Governmental Use (G) Zone District, which allows a wide range of uses as well as flexible development standards; that locally designated structures and/or buildings on the National Register are eligible to apply for matching State funds through a non-profit organization; that local designation will enhance a request for funding and may affect the State's decision to provide funding; however, lack of a local designation does not impact the ability for a non-profit organization to apply for funding; that the impacts of local designation for this City- owned building are the same as for any other locally designated structure in the City; that the Historic Preservation ordinance provides the Historic Preservation Board with review and decision- making authority on demolitions; that the City Commission cannot overrule a decision of the Historic Preservation Board for a certificate of approval; therefore, the Administration recommends denial of the Historic Preservation Board's request to historically designate the City Water Works building. Commissioner Dupree asked for clarification of the Historic Preservation Board's authority. Ms. Robinson stated that the Board is required to consider the criteria listed in the U.S. Secretary of Interior's Standards for Rehabilitation and 36 Code of Federal Regulation, Part 67, which are part of the City's Zoning Code by reference; that the City Water Works building would have to be brought up to those standards before the City could use the building, if the building were locally designated; that the Board can also approves or can delay for up to one year demolition permits for locally designated structures. Ms. Robinson continued that a specific use for the building has not been identified at this time; that local designation of the City Water Works building may be desirable in the future. Mayor Cardamone stated that there is Commission consensus to take no action at this time. The Commission recessed at 8:30 p.m. and reconvened at 8:42 p.m. 20. UNFINISHED BUSINESS: PRESENTATION RE: MASTER PLAN AND BUDGET FOR KEN THOMPSON PARK - SET THE SARASOTA SAILING SQUADRON'S REQUEST FOR LEASEHOLD EXPANSION FOR PUBLIC HEARING AND CONTINUED CONSIDERATION OF SPECIAL EXCEPTION 96- SE-09 TO NOVEMBER 18, 1996; DIRECTED THE ADMINISTRATION TO INITIATE THE PROCESS TO REZONE ALL RMF-1 PROPERTY IN KEN THOMPSON PARK TO THE GOVERNMENTAL USE ZONE DISTRICT. (AGENDA ITEM VII-2) #2 (1846) through #3 (1332) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Ken Thompson Park Master Plan presented is a conceptual site plan; that the boundaries of the Park were defined by previous City Commission action; that the conceptual plan can be easily modified if the Commission takes action regarding the Sarasota Sailing Squadron's request for leasehold expansion. Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, and Phil Smith, Landscape Architect, David W. Johnston Associates, came before the Commission. Mr. Mountain stated that the Parks, Recreation, and Environmental Protection Advisory Board held an advertised public meeting, inviting the general public and the leaseholders to discuss the improvements on Ken Thompson Park; that the conceptual plan resulting from that meeting was forwarded to the Commission for review; that a revised conceptual plan incorporating the individual Commissioner's comments but not including any potential expansions in leaseholds on Ken Thompson Park was brought back to the Parks Board and approved; that subsequently, the Sarasota Sailing Squadron's proposals for leasehold expansion, variances, and special exceptions were presented to the Parks Board, who reported recommendations to the City Commission on October 14, 1996; that further modification to the parking areas near the Mote Marine facility were subsequently made by the, Parks Board; that the Conceptual Master Plan for Ken Thompson Park presented is the result. Mr. Smith referred to the Ken Thompson Master Plan displayed on the overhead projector to identify and explain the following elements of the Plan: > Modification of Road Alignment incorporating linear curves and a linear palm colonnade to provide a unified visual guide to the internal elements of the park. > Well-defined Parking areas to provide clear and defined circulation for travel and parking. & Beach Area on the southern part of the sité with well- defined parking, picnic facilities, fenced playground area for children ages 3 to 10, and future restroom facilities. Book 40 Page 13806 11/04/96 6:00 P.M. Book 40 Page 13807 11/04/96 6:00 P.M. Boat Drop Area on the eastern part of the site for convenient day use and loading of small hand-carried vessels, i.e., canoes, kayaks, and wind surfers. Pedestrian and vehicular access to the existing Fishing Docks and Passive Picnic area on the northern part of the site. Kiosks to educate casual users on Sarasota Nautical History and National Environmental features. 8-foot-wide sidewalks throughout the entire Park for pedestrian and bicyclist access. Lighting using fixtures related to human scale and positioned for user security. Heavy landscape buffering along the edges of the Pelican Man Bird Sanctuary, Sarasota Sailing Squadron, and Mote Marine Mammal Rehabilitation and Research Facility. Tree plantings throughout the Park to establish a native canopy and to provide shade in the beach areas where Australian Pines are in decline. A Irrigation to assist in the establishment of the tree plantings and native buffers which will be converted to reuse when available. The open field areas will not be irrigated until reuse is available. Hard-surface Parking to replace the shell parking, Bus Loop, buffered edge and picnic facilities on open space in the vicinity of the Mote Marine Laboratory, Pelican Man Bird Sanctuary, Sarasota Outboard Club, and Ski-A- Rees leasehold areas. Mr. Smith stated that the intent of the design is to preserve the unique open space of the park for major events while reinforcing the overall nautical theme of the park. Mayor Cardamone asked if the grass area in the vicinity of the existing boat ramp will remain available for overflow parking? Mr. Smith stated yes; that landscape buffering is proposed along the edges of the parking area to provide a clear definition of park boundaries and to reinforce a park-like atmosphere. Commissioner Patterson stated that the heavy landscape buffering and picnic tables on the open space near Mote Marine Laboratory may inhibit use of that area for overflow parking; that changing the angle direction of the buffering from right to left and edging the pedestrian pathway with landscape would be more appropriate. Mr. Smith stated that input regarding the same area has been received from Mote Marine Laboratories; that the direction and the type of vegetation used in the open space area could be changed to provide a more open layout. Mr. Smith explained the following three phases planned for implementation of the Ken Thompson Master Plan: Phase I Development of the construction documents Road and sidewalk layouts Providing sleeving for lighting and future facilities Phase II Parking area improvements in the Mote Marine laboratory/Pelican Man Bird Sanctuary vicinity Landscape buffering throughout the park Initial picnic facilities Phase III Restroom facilities Additional picnic facilities with grills Benches Playground area Installation of lighting Vice Mayor Pillot asked the areas in which the picnic and grilling facilities will be placed? Mr. Smith stated that those amenities will be provided in the northern Passive Picnic area and in the south eastern part of the Park. Mayor Cardamone stated that many children and adults walk between the two Mote Marine facilities; and asked if the pathway leading from the Mote Marine Laboratory area to Ken Thompson Parkway could be moved to the east to accommodate a crossing at the Marine Mammal Rehabilitation and Research Facility? Book 40 Page 13808 11/04/96 6:00 P.M. Book 40 Page 13809 11/04/96 6:00 P.M. Mr. Smith stated that providing for such a crossing will not be a problem. Commissioner Merrill asked if a significant change in the level of use at Ken Thompson Park is anticipated? Mr. Mountain stated that the Park does not receive a high intensity of use; that the design layout anticipates the continued use of the Park for major events; that the level of use should increase; however, a dramatic increase is not anticipated. Commissioner Merrill stated that the Annual Boat Show is held on Ken Thompson Park; that the Taste of Sarasota held an event at the Park recently; and asked if the Park is traditionally used for other events? Mr. Schneider stated that the Indian Art Fair which was held at the Mission Harbor site last year has been scheduled at Ken Thompson Park this year. Commissioner Merrill stated that immense traffic congestion resulted during the Taste of Sarasota event at Ken Thompson Park as another event was occurring at St. Armands Circle; and asked if scheduling of similar communitywide events at Payne Park, once completed, which has fewer traffic constraints and is more centrally located, is anticipated? Mr. Mountain stated that the water provides the main attraction for holding events at Ken Thompson Park; that the Park provides a prime location for the Annual Boat Show; that other communitywide events may prefer the Payne Park location. Commissioner Merrill stated that preserving the open space and preventing the "erosion" of Ken Thompson Park is desirable by many; however, more people frequent South Lido Beach to enjoy picnicking and white sandy beaches; that ensuring the open-space aspect at Ken Thompson Park should not preempt use by the public of viable uses which have tremendous attraction in the community; that the grass area in the Mote Marine Laboratory/Pelican Man Bird Sanctuary vicinity should be developed as more of an open space to allow overflow parking. Commissioner Patterson stated that the area most frequently used for recreation, except for the boat ramps, is the south eastern part of the Park where jet skiers tend to enter the waters; that currently, the open area surrounding the water, where picnicking would most likely occur, is occupied by the pick-up trucks, etc., on which the jet skis are carried to the location; and asked if curbing is proposed to prevent vehicular parking on the open space? Mr. Smith stated that the road would not be curbed; however, curbing around all the parking areas is proposed; that the road alignment and parking areas will be reinforced with landscaping to direct vehicles along the road and not into the open-space areas. Commissioner Patterson stated that the Passive Park on the northern part of the site offers potential for families to picnic while a. member of the family fishes; that vehicular parking on the grass near the Passive Park should also be prevented and additional trees and a form of artificial shade provided closer to the water. Mr. Smith stated that additional covered picnic areas could be provided and the edge reinforced with planting and berming to prevent vehicles from accessing the area. Mayor Cardamone agreed vehicles should be prevented from parking in the two areas referenced by Commissioner Patterson. Vice Mayor Pillot asked the affect on the landscape buffering proposed in the Passive Park area if the westerly leasehold expansion (Area #2) to the Sarasota Sailing Squadron is approved? Mr. Smith stated that Area #2 would encompass approximately 108 of the Passive Park area; that the sidewalk, buffering, and possibly the roadway could feasibly be shifted to the west to accommodate the expansion in leasehold. A graphic of the Sarasota Sailing Squadron Expansion at Ken Thompson Park was displayed on the overhead projector which reflected the following expansions: leasehold area #1 to the south east, leasehold area #2 to the west, and leasehold area #3 to the south of the existing leasehold area. Commissioner Patterson asked if a paved roadway currently exists where Area #1 meets the curvature in the road? Mr. Mountain stated no; that the roadway can be modified if the leasehold expansion is approved. Commissioner Patterson stated that the Master Plan reflects a graceful, curvilinear landscape design; that the northwest corner of Area #2, which is rectangular, impedes the unified visual theme throughout the Park; that excluding a portion of the northwest corner of Area #2 from the leasehold expansion would provide for a softer, curved edge adjacent to the Passive Park and on the waterfront. Mr. Smith agreed. Commissioner Patterson stated that the Sailing Squadron intends to locate the designated boat work area at the northwest corner of the existing leasehold near the most attractive part of the Park, the waterfront area; that the Commodore of the Sarasota Sailing Squadron has indicated that relocating the designated Book 40 Page 13810 11/04/96 6:00 P.M. Book 40 Page 13811 11/04/96 6:00 P.M. boat work area approximately 150 feet from the waterfront edge of the Park would not create a hardship. Vice Mayor Pillot stated that Area #1 and Area #3 would encompass the northern portion of the roadway proposed for the eastern part of the Park; and asked if redesigning the looping roadway would be feasible? Mr. Smith stated yes; however, the open field and parking areas at the eastern part of the Park would be reduced and a tighter road radius would result. Mayor Cardamone asked if the playground and picnic facilities on the eastern part of the Park would be maintained at the same scale? Mr. Smith stated yes. Mayor Cardamone asked the measurement of the area where the playground and picnic facilities will be located, e.g., the distance from the roadway to the revegetation area? Mr. Smith stated approximately 300 feet; that the drawing scale on the conceptual site plan presented is 1 to 200. Commissioner Merrill asked the land size of the open field surrounded by the looping roadway at the south part of the Park? Mr. Smith stated approximately one acre. Commissioner Merrill stated that the land size of the open space on the north part of the Park appears to be approximately 400 feet by 500 feet; that a large mass of open space exists on Ken Thompson Park. Vice Mayor Pillot stated that Area #3 combined with Area #1 appears to be roughly equivalent in area to half of the open field to the south of the existing Sarasota Sailing Squadron leasehold. Mr. Smith stated that he agreed. Commissioner Patterson stated that the Sarasota Sailing Squadron's existing leasehold would be substantially increased if the requested leasehold expansions are approved; that approving Area #2 at a 150-foot depth would be intrusive to the Park; that the Parks, Recreation, and Environmental Protection Advisory Board recommended that the depth of Area #2 be reduced from 150 feet, as requested by the Sailing Squadron, to 100 feet; that the Board also recommended that Area #2 be reserved for boat storage and boating activities and common parking be utilized when additional parking is needed; that the Commodore has indicated the parking located within the existing leasehold sufficiently meets the Squadron's parking needs except when a Regatta or other events are scheduled; however, she is concerned that restricting parking on Area #2 may create a negative impact on the Park if the Sailing Squadron expands operations within the leasehold in the future, and continuously utilizes common parking on the open fields for daily parking; that the areas on which common parking would occur should be reserved for daily recreational use; that the Administration has indicated attaching the site and development plan to the lease would ensure that the existing parking within the leasehold would be retained for daily use in the future. The following people came before the Commission: James Kolb, Commodore, Sarasota Sailing Squadron, 2603 Camino Real (34239), and Barbara Levin, Attorney, 2033 Main Street #406 (34237); members of the Sarasota Sailing Squadron Board of Directors. Mr. Kolb stated that the Sarasota Sailing Squadron supports the Sarasota Youth Sailing Program and American Red Cross Adult Sailing Program by providing space, facilities, and financial grants; that space is provided for the YMCA Youth At Risk Program, Sailing Alternatives, which is an adaptive sailing program for people with physical disabilities; that the Squadron's facilities are generally made available for use by charitable organizations; that the Squadron provides a service in the community. Mr. Kolb continued that the Squadron has proposed installing a fence 10 feet from the property line of the proposed leasehold expansions, is willing to contribute toward the construction of a buffer, and to relocate practical portions of the buffer which currently surrounds the leasehold; that the Squadron is amenable to reducing the northwest corner of Area #2 to a 45-degree angle as suggested by Commissioner Patterson. Mr. Kolb further stated that accuracy of the encroachments to the south on the conceptual site plan presented is questionable. Mr. Kolb referred to the aerial photograph of Ken Thompson Park which was included with the documents submitted to the City in July 1995; and stated that Area #1 and Area #2 expansions to the south encompasses the area between the existing road and the existing leasehold boundary to the south; that the proposed southerly expansion would not have a significant impact on the location of the looping roadway; that the conceptual site plan appears to reflect an area larger than the existing leasehold. Mr. Smith stated that the looping road is proposed further to the north than the existing roadway; that the alignment of the road has been modified. Mr. Kolb stated that the Sailing Squadron has a need for overflow parking; that expansion of the leasehold would permit an Book 40 Page 13812 11/04/96 6:00 P.M. Book 40 Page 13813 11/04/96 6:00 P.M. increase of parking on site from 44 to 80+; that the Squadron is amenable to attaching the preliminary site and development plan to the lease and to relocating the boat works area 150 feet to the east in an effort to reduce the potential noise impact on the public use areas; that Mote Marine Laboratories supports the objective of the Squadron and does not view any adverse impacts resulting from the petitions filed; that the Squadron has provided information and responded to inquires previously received regarding potential impacts on the radio stations; that the Pelican Man's Bird Sanctuary anticipates no adverse impact from the boat work area. Mr. Kolb continued that the Parks, Recreation, and Environmental Protection Advisory Board originally recommended approval of the Squadron's petitions in November 1995; that the approval was reaffirmed in August 1996 with the depth of Area #2 reduced and a request made that above-normal-use parking not occur within the leasehold; that the Squadron would like to preserve the ability to locate overflow parking onto an area adjacent to the property; that such an area is not apparent on the Master Plan. Commissioner Patterson stated that the open fields to the south and southwest of the leasehold would be available for overflow parking. Mr. Kolb stated that a high tension power line is located in the area where the entrance to the Squadron's leasehold has been reflected on the Master Plan; that the height of the power line and the clearance required for boats will be verified; that the entrance may have to be relocated to provide for safe entrance into the boat storage area. Vice Mayor Pillot stated that a significant encroachment of the proposed leasehold expansions onto the looping roadway and open field is reflected when the overlay provided to the Commission is placed on the Master Plan; and asked if the overlay is accurate and comparable in scale? Mr. Mountain stated that the existing roadway on the aerial photograph is not depicted on the Master Plan; that the roadway has been changed and moved closer to the existing leasehold; that the leasehold areas are depicted based on the property descriptions in the leases; that Staff feels the dimensions on the Master Plan are accurate. Mr. Kolb stated that the legal descriptions for the Sarasota Sailing Squadron's existing leasehold as well as for adjacent properties were surveyed in conjunction with the proposed expansion; that the point of origin for the survey was approximately 1 mile; that the surveyor assumed an angle of bearing based on the location of the roadway measured and the corresponding space between the road edge and the existing leasehold boundary; that the surveys provided by the City's Engineering Department contained inaccuracies, e.g., terminology reversing the bearing angle and projecting the road as entering the radio station; that the aerial photograph accommodates for the slight bearing change over the extended additions over the point of origin. Mr. Schneider stated that a dispute regarding the accuracy of the drawings cannot be settled tonight. Commissioner Patterson and Vice Mayor Pillot stated that a decision on the Master Plan cannot be made until the accuracy of the Master Plan is verified. Mr. Kolb stated that Commission action requested under Board Actions was for the special exception to permit the new finger docks, extension of the existing main dock, construction of the designated boat work area and boat racks for the Youth Sailing Program, clubhouse improvements, and enclosure of the dumpster and recycling area; that Commission action regarding the leasehold expansion is not scheduled until November 18, 1996; that perhaps the issue regarding the accuracy of the drawings could be resolved prior to that date. Commissioner Patterson asked if the special exception uses requested are dependent upon final action regarding leasehold expansions in Areas #2 or #3? Mr. Kolb stated no; however, improvements to Area #1 are subject to the rezoning of the parcel from the RMF to "G" Zone District. Commissioner Patterson stated that she is reluctant to approve a Master Plan which may have to be amended at the next meeting. Mayor Cardamone stated that the Administration's recommendation is to schedule the Master Plan and Budget for approval at the November 18, 1996, meeting. Mr. Schneider stated that verification of the drawings would have to be completed by Friday, November 8, 1996, to meet the deadline for submittal of documentation for the November 18, 1996, agenda. Vice Mayor Pillot referred to the Agenda Request for Agenda Item II-1(c) under the report of the Planning Board/Local Planning Agency (PBLP); and cited the following listed under Administrative Actions Required: 2. City Commission to conduct public hearing on variance to permit construction of new finger piers on the existing wave fence and extension of the existing main dock to add slips. Book 40 Page 13814 11/04/96 6:00 P.M. Book 40 Page 13815 11/04/96 6:00 P.M. Vice Mayor Pillot stated that a public hearing for the designated boat work area or an extension of the existing leasehold is not referenced; that the Administration's recommendation, as listed under Agenda Item II-1(c), "to direct Staff to initiate the process to rezone all RMF-1 property to the "G" Zone District and a special exception for appropriate uses" is confusing; that the Administration appears to be requesting definitive action more than just setting the issues for public hearing. Mayor Cardamone stated that the Commission has been requested to affirm the resolution of the PBLP approving the six items for which a special exception has been filed. Commissioner Patterson asked how a special exception can be approved for property which the City has not yet leased to the Sailing Squadron? Ms. Robinson stated that the special exception approves the uses requested but not the areas on which the uses would be located; that the special exception would permit the uses to be located on the existing leasehold if the leasehold expansion petitions are denied; that in addition to the Administrative Actions referenced by Vice Mayor Pillot the report in the Agenda material references the need to hold a public hearing on the leasehold expansion and for the Commission to review the Ken Thompson Master Plan. City Attorney Taylor stated that the special exception approved by the PBLP is subject to Commission approval of a variance; that the Commission could postpone consideration on the special exception and the Master Plan until the November 18, 1996, regular City Commission meeting when the variance is presented for public hearing. Mr. Schneider stated that the leasehold expansion could be set for public hearing in conjunction with the variance if the Commission wants to address the issues in a comprenensive manner. Vice Mayor Pillot asked if the Sailing Squadron's plan for the special exception uses would be pursued on the existing leasehold if the leasehold expansions were denied? Mr. Kolb stated that the construction of the Youth Sailing Program storage and relocation of the boat racks could not occur; however, the other five items could be completed. Commissioner Patterson asked if the Commission would be placing a burden on the Sailing Squadron if consideration on the special exception is postponed for two weeks? Mr. Kolb stated no. Commissioner Patterson stated that the Administration's scheduling of the issues on November 18 is not opposed; however, she will not be in attendance at that meeting. Andrew McCurry, 4129 Roberts Pointe (34242), representing Pelican Man's Bird Sanctuary, stated that he is the managing director of the Pelican Man's Bird Sanctuary; that the Master Plan has been reviewed with Dale Shields, founder; that retaining an open area north of the paved parking area planned in the Mote Marine laboratory/Pelican Man's Bird Sanctuary, which the facilities continuously use for overflow parking during season and during special events, is supported; that the modifications to the landscaping buffer as discussed are acceptable; that buffering along the pedestrian pathway would provide safety for pedestrians; that the Master Plan developed by David W. Johnston Associates is well done and the proposed improvements will enhance the Park. Vice Mayor Pillot referred to a copy of the Master Plan depicting the area north of the paved parking area as amended by Mote Marine Laboratory; and asked if the Pelican Man's Bird Sanctuary is in concurrence with the modifications proposed? Mr. McCurry stated yes; however, support for a buffer separating the paved parking area and the open space would be dependent on the type of plant material used. Vice Mayor Pillot asked for comment regarding the location of the designated boat work area requested by the Sailing Squadron. Mr. McCurry stated that he cannot speak for Mr. Shields or the Board of Directors of the Pelican Man's Bird Sanctuary; however, the type of work which will be performed at the designated boat work area has been ongoing within the existing leasehold since 1958; that the Squadron's plan to build a facility which will contain potentially hazardous waste for proper disposal is commendable. Commissioner Patterson stated that most hazardous materials have been removed from paints used on the bottoms of boats. Vice Mayor Pillot asked if the position of the Pelican Man's Bird Sanctuary regarding the designated boat work area could be provided on November 18 or forwarded in writing to the Commission prior to that date. Mr. McCurry stated yes. Vice Mayor Pillot asked Kumar Mahadevan, Executive Director, who was seated in the audience, if the position of Mote Marine Laboratory could also be provided? Mr. Mahadevan stated yes. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to set for public hearing on November 18, Book 40 Page 13816 11/04/96 6:00 P.M. Book 40 Page 13817 11/04/96 6:00 P.M. 1996, the Sarasota Sailing Squadron's request for leasehold expansion. Mr. Schneider stated that the Master Plan, special exception, and public hearing on the variance will also be scheduled on the November 18 agenda. Mayor Cardamone called for the vote on the motion. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. On motion of Commissioner Merrill and second of Vice Mayor Pillot, it was moved to continue consideration of Special Exception 96-SE-09 to the November 18, 1996, regular City Commission meeting. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to direct the Administration to initiate the process to rezone all RMF-1 property in Ken Thompson Park to the "G" Zone District. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 21. NEW BUSINESS: DISCUSSION RE: TEEN COURT DIRECTED ADMINISTRATION TO SCHEDULE PRESENTATION BY KATHLEEN SELF, I EXECUTIVE DIRECTOR, TEEN COURT (AGENDA ITEM VIII-1) #2 (1339) through (1700) Commissioner Patterson stated that a series of letters and memorandums reviewed regarding Teen Court compelled her to agenda this item; and requested that Staff provide the current status of the City's participation in the Teen Court program. Mayor Cardamone stated that students attending schools in the City of Sarasota do not participate in Teen Court. John Lewis, Chief of Police, Sarasota Police Department, came before the Commission and stated that the Sarasota Police Department is supportive of the Teen Court process, a concept which was initiated in Sarasota as a pilot project through the Sheriff's Office in 1988; that the program initially could not accommodate the number of City referrals anticipated and therefore a decision was made to delay City participation; that 220 students annually are currently processed through Teen Court; that City participation was requested in March 1995; however, Teen Court representatives continue to advise that the program could not handle the number of referrals anticipated if the Sarasota Police Department were to participate. Commissioner Patterson asked if students from City schools participate in the Teen Court program in the capacity of judges, jurors, or other roles? Police Chief Lewis stated yes; however, referrals for Teen Court come from the Sheriff's Office. Commissioner Patterson asked if referrals from the Sarasota Police Department can be made through the Sheriff's Office? Police Chief Lewis stated that Teen Court representatives have indicated that current staffing cannot handle the numerous cases the Sarasota Police Department would refer. Commissioner Patterson stated that the program processes 210 to 220 students annually; and asked if Teen Court is only willing to process referrals of students from the unincorporated area? Police Chief Lewis stated that Teen Court representatives have requested that the Sarasota Police Department not direct referrals to Teen Court at this time; that indirect referrals through the Sheriff's Office would circumvent that request. Commissioner Patterson stated that Teen Court is primarily funded through a County grant comprised of City and County tax dollars; that other funding sources, i.e., the Selby Foundation, may not be unaware that the program only services students from the unincorporated area; that the City's participation in the Teen Court program should be a subject scheduled for discussion at a joint workshop between the Sarasota City Commission and the Sarasota County Board of Commissioners. Police Chief Lewis stated that students from City schools are involved in the program: 1) as volunteers serving in the capacity of judges, attorneys, jurors, etc., or 2) referred to Teen Court through the Sheriff's Office for illegal activity which takes place in the County. Mayor Cardamone stated that Teen Court is a successful program; that she was surprised to learn at a Civic League meeting that the City was not participating in Teen Court; that an ordinance for the City's participation in Teen Court had been prepared when the program was first initiated; however, the City has continuously been excluded from participating in the program; that City students are also County residents; that $36,000 of the $75,000 required to fund the program is received through a Countywide grant; that additional funding should not be expected from the City in order to hire additional staff to process City students. City Manager Sollenberger stated that a presentation by Kathleen Self, Executive Director, Teen Court, to clarify the issues being raised by the Commission could be scheduled on a future agenda. Book 40 Page 13818 11/04/96 6:00 P.M. Book 40 Page 13819 11/04/96 6:00 P.M. Mayor Cardamone stated that hearing no objections, the Administration is directed to schedule Ms. Self to make a presentation to the City Commission. 22. NEW BUSINESS: DISCUSSION RE: SOUTHSIDE TRAFFIC ABATEMENT PROJECT RELATING TO PROSPECT AND LOMA LINDA STREETS #2 (1700 ) through (0223) Commissioner Patterson stated that this item was agendaed at the request of numerous residents from Prospect and Loma Linda Streets. The following people came before the Commission: Richard and Patty Robacker, 1678 Loma Linda Street (34239). Mr. Robacker stated that she is a concerned mother of three children who could safely ride bicycles, roller-blade, and walk to neighborhood friends' houses before the semi-diverters were placed on Prospect Street; that a tremendous amount of traffic has been diverted off of Prospect Street onto Loma Linda Street; that Prospect Street has virtually no traffic while traffic on Loma Linda Street has increased significantly; that Prospect Street should not be excluded from sharing in the burden of traffic which exists on all the neighborhood streets; that Prospect Street, with a width of 24 feet, can handle larger volumes of traffic better than Loma Linda Street which is only 20 feet wide; that STOP signs and speed humps would reduce the traffic impacts on Prospect Street without substantially impacting surrounding streets; and requested that the semi-diverters and "Do Not Enter" signs be removed to allow traffic to flow through Prospect Street, installation of STOP signs and speed humps be considered on Prospect Street, and installation of speed humps on Loma Linda Street be considered. Mrs. Robacker stated that when and if Walgreens is constructed between Bahia Vista and Prospect Streets on U.S. 41 all neighboring streets, not only Prospect Street, will be affected by the increase in traffic. Mr. Robacker stated that residents on Loma Linda Street and Pomelo Avenue were not noticed of the installation of semi- diverters on Prospect Street; that placing a small advertisement in the newspaper does not ensure proper notification to affected property owners, many of whom do not subscribe to newspaper delivery; that notice by mail provides for better communication regarding major issues of concern to a neighborhood. City Auditor and Clerk Robinson stated that a quarter-page advertisement of the public hearing on the South Sarasota Traffic Abatement Plan was published in the local section of the Sarasota Herald-Tribune two Sundays before the May 6, 1996, public hearing before the City Commission; that a similar-size advertisement was also published informing the public of an opportunity to view the proposed plan and make comments at an open house held at the Waldemere Fire Station prior to the public hearings; that notices were not sent to the residents by mail. Michael Walker, 1732 Loma Linda Street (34239), stated that he attended two Task Force meetings held at the Waldemere Fire Station and also the public hearing before the City Commission; that the resulting traffic diversion onto Loma Linda Street was not anticipated or discussed; that Phase I of the South Sarasota Traffic Abatement Plan has significantly reduced traffic impaçts on Orange Avenue and on the streets crossing between Osprey and Orange Avenues; however, the accelerated speed of frustrated motorists being diverted onto Loma Linda Street is a major safety concern. Mr. Walker submitted approximately 30 signatures on a petition which read as follows: We the undersigned concerned citizens of Loma Linda and Neighboring Street to Prospect Street request the removal of the diverters and accompanying signs on Prospect Street. We feel this is necessary to protect our children and our neighborhood from the increased traffic flow due to the diverting of traffic onto our streets. Mr. Walker stated that meetings have been held with residents on Prospect Street; that an amicable solution is desired to address the traffic impacts resulting from the tremendous diversion of traffic from Prospect Street onto neighboring streets. Tom Cawley, 1222 Pomelo Avenue (34239), stated that traffic diverted from Prospect Street travels on Pomelo Avenue to access Loma Linda Street; that the installation of semi-diverters on Prospect Street has significantly affected residents on Pomelo Avenue and Loma Linda Street; that the diversion of traffic has made bicycling and roller-blading too dangerous for children in the neighborhood; that his grandchildren can no longer play frisbee in the street; that neighboring streets should receive equitable treatment; that shifting a greater amount of traffic onto surrounding streets because one street is closed is not equitable. Shari Shepard, 1237 South Orange Avenue (34239), stated that the Phase I of the South Sarasota Traffic Abatement Plan has effectively reduced traffic impacts on Orange Avenue; however, Orange Avenue is not a street on which parents feel safe allowing children to travel; that owning property on the corner of Orange Avenue and Loma Linda Street previously provided her daughter an Book 40 Page 13820 11/04/96 6:00 P.M. Book 40 Page 13821 11/04/96 6:00 P.M. opportunity to play safely with numerous children residing on Loma Linda Street and Pomelo Avenue; that the traffic on Loma Linda Street and Pomelo Avenue has increased significantly as a result of the abatement measures taken on Prospect Street; therefore, the traffic has not been abated but diverted onto other streets; that motorists ignore the STOP signs installed at Loma Linda Street and Pomelo Avenue; that the installation of speed humps on Loma Linda Street should be considered; that traffic abatement throughout the neighborhood should be equitable. Ms. Shepard continued that the lack of direct notification to affected residents is also of concern. Gloria Giannone, 1679 Loma Linda Street (34239), stated that she supports the statements made by previous speakers regarding opening Prospect Street to thru-traffic; that the traffic on Loma Linda Street has doubled; that the four-way STOP sign at the intersection of Loma Linda and Prospect Streets is not effective; that visiting grandchildren are no longer permitted to leave her fenced yard; that the tremendous increase in traffic flowing east and west on Loma Linda Street has created a dangerous situation for children and residents alike. Carol Springer, 1700 Prospect Street (34236), stated that the traffic diverter on Prospect Street was installed directly in front of her residence, a decision with which she was originally displeased until the results achieved on Prospect Street were realized; that her children still cannot play in the street, but the traffic has subsided immensely; that the Sarasota Police Department, specifically Sergeant Robert Smith and Officer Steven Heaven, should be commended for traffic enforcement efforts on Prospect Street. Ms. Springer continued that a meeting with residents of Loma Linda Street was attended yesterday; that the concerns raised are understood; that traffic abatement on Bahia Vista Street, Orange Avenue, Floyd and Prospect Streets have all contributed to the increase in traffic on surrounding streets on which abatement measures have not been taken; that Prospect Street provides access to Harbor Acres and a direct cut-through from Orange Avenue to U.S. 41; that traffic abatement was needed to address the traffic impacts on Prospect Street created from the growth of Sarasota Memorial Hospital (SMH); / that traffic studies should be pursued and abatement measures considered to address the traffic impacts on Loma Linda Street; however, removing abatement measures from other streets is not the answer. Ms. Springer further stated that she speaks for herself, and the property owners at 1563, 1635, 1662, 1789, 1754, 1740, and 1708 Prospect Street in requesting that the "Do Not Enter" signs on Prospect Street not be removed; however, Prospect Street residents support the City's taking measures to restore an acceptable level of traffic on Loma Linda Street. Richard Ulrich, 1654 Prospect Street (34239), stated that he was a member of the Task Force appointed to review the South Sarasota Traffic Abatement Study; that the Task Force and the City's Engineering Department, not the residents, proposed semi- diverters as the appropriate traffic abatement measure for Prospect Street; that the intent of South Sarasota Traffic Abatement Plan was to improve traffic conditions on all neighborhood streets; that immediate traffic counts performed by the Engineering Department on Prospect and Loma Linda Streets as well as Pomelo Avenue is supported to determine the beneficial and adverse impacts resulting from initiation of Phase I of the Plan; that the areas from which the traffic is being diverted should be identified; that the diversion of traffic could be the result of traffic abatement measures taken on Orange Avenue and Bahia Vista Street as well as Prospect Street. Mr. Ulrich continued that the Task Force anticipated potential changes to the Plan and specifically requested that the members be reconvened before Phase II of the Plan is implemented; that taking traffic counts at the same time of year the original traffic counts were taken will provide comparative data; however, an increase in traffic which exists in November will only worsen by January; that measuring the impacts and considering traffic abatement measures on Loma Linda Street, if necessary, should be pursued. Margaret Cass, 1658 Loma Linda Street (34239), stated that children's recreational activities have been limited by the increase in traffic on Loma Linda Street; that older residents can no longer ride bicycles along the street; that a dangerous situation is created when a bicyclist rides or a pedestrian walks along the road and traffic passes a vehicle parked on one side of the street; that historically Loma Linda Street has had a low volume of traffic; that the City is requested to address the increase in traffic recently experienced as a result of the South Sarasota Traffic Abatement Plan; that another concern is the legality of using public funds to make Prospeçt Street a private road; that the residents are concerned about the effect of the traffic abatement on the neighborhood. Mayor Cardamone stated that traffic semi-diverters have been placed on Irving Street; that Alta Vista Street, which is just north, has no traffic abatement; however, the same concerns as exist on Prospect and Loma Linda Streets have not been raised by the residents of Alta Vista Street. Ms. Cass stated that Irving and Alta Vista Streets are not through streets, which may be the reason. Book 40 Page 13822 11/04/96 6:00 P.M. AMMISISGA Book 40 Page 13823 11/04/96 6:00 P.M. Mayor Cardamone stated that the reason for the semi-diverters was through traffic affecting Irving Street. Ms. Cass stated that, apparently, no street is suffering as much as Loma Linda Street. Commissioner Patterson stated that the original traffic counts indicated 300 total daily trips on Loma Linda Street and 800 on Prospect Street; that the potential of diverting additional traffic onto Loma Linda Street and Pomelo Avenue was a concern when the installation of semi-diverters on Prospect Street was proposed; however, Staff indicated the semi-diverters could easily be removed if negative impacts were determined after the implementation of Phase I was reviewed; that the review was anticipated in Januaryi however, a comparative traffic count should be performed on Loma Linda Street to determine if a more timely decision is necessary. Mayor Cardamone stated that turning counts should be included sO the origin of the traffic can be determined. Commissioner Patterson stated that a determination as to the origin of the traffic is not critical; however, obtaining turning counts is supported. Mayor Cardamone stated that the origin of the traffic may help determine where traffic abatement is necessary. Commissioner Patterson stated that an equitable absorption can never be achieved if the street closed had more traffic than the street to which the traffic is diverted; that Loma Linda Street had been one of the least travelled streets in the area; that purchasers buy houses with a certain expectation; that traffic reduction should not be achieved at another street's expense. Mayor Cardamone stated that this problem is an example of the unintended consequences of helping one street. Vice Mayor Pillot stated that the traffic counts on Loma Linda Street today will be interesting and useful; however, a question is raised concerning the result; that, for example, speed humps are an inconvenience but traffic can move through the street; that traffic cannot move through a street with semi-diverters; that placing speed humps on Loma Linda Street and leaving the semi-diverters on Prospect Street will not aid Loma Linda Street; that his negative vote on the South Sarasota Traffic Abatement Plan was not against the entire program which was developed by a conscientious Task Force but rather his support could not be given to certain portions of the program, including semi- diverters; that he is prepared to vote to remove the semi- diverters as soon as possible and to provide equitable traffic abatement on all streets; that semi-diverters on Prospect Street, even with speed humps on Loma Linda Street, is not equitable; that the goal should be equitable traffic abatement, street by street. Mayor Cardamone asked if the Administration has a solution. Dennis Daughters, Director of Engineering/City Engineer, and Asim Mohammed, Assistant City Engineer, came before the Commission. Mr. Daughters stated that a solution has not yet been devised; that the entire traffic abatement process has been very successful; that 30,000 to 40,000 cars drive the entire area daily and only one small area is currently having difficulty; that the semi-diverters were recommended by the Task Force and the Engineering Department; that controversy was anticipated which is the reason temporary installation was recommended; that the semi-diverters can be economically and easily removed if necessary; that the project has been successful from the perspective of Prospect Street; that traffic has been diverted to Loma Linda Street which was not expected; that traffic counts originally planned for January or February 1997 should be taken soon for a comparison; that the Task Force can develop and recommend innovative solutions, which may be to remove the semi- diverters or install traffic abatement on Loma Linda and/or Pomelo Streets. Mayor Cardamone asked if the process can be expedited? Mr. Mohammed stated that the results of the traffic counts can be reported at the December 2, 1996, regular City Commission meeting. Commissioner Patterson stated that differences of opinion from the Commissioners is anticipated; and asked if the issue can be returned at the next regular City Commission meeting at which she will be in attendance. Mr. Mohammed stated yes; that the traffic counts can be reported and the Commission determine the magnitude of the impact; that the Task Force can be reconvened if the traffic impact is serious. Commissioner Dupree stated that recommendations for corrective action should also be reported to the Commission. Mayor Cardamone stated that reporting the results at the December 2, 1996, regular City Commission meeting will allow time to reconvene the Task Force; that a specific recommendation can be reported at that time; that the program has been successful; however, one street has been sorely affected; that the program was presented to the Commission with the promise that all traffic abatement could be removed if necessary; that the semi-diverters Book 40 Page 13824 11/04/96 6:00 P.M. Book 40 Page 13825 11/04/96 6:00 P.M. are probably the easiest to remove but are effective; that removing the semi-diverters should not be the first choice. Mr. Daughters stated that information must be provided the Task Force and a convenient meeting date arranged; that a report can be provided at the December 2, 1996, regular City Commission meeting. Mayor Cardamone stated that simple solutions, such as signs indicating no right turn during peak hours, may be an option available if all the diverted traffic is travelling north from south Orange Avenue and cutting through Osprey Avenue; that no traffic exists on Loma Linda Street in the middle of the day; however, a large volume of traffic travels the street in the mornings; that timing may be the primary issue. Commissioner Patterson stated that enforcement may be a concern. Mayor Cardamone stated that a $70 traffic ticket is a deterrent. Commissioner Patterson stated that traffic and turning counts should be taken as deemed appropriate by the Engineering Department; that the Task Force should be reconvened only if an increase in traific is demonstrated; that additional traffic counts will be necessary in season even if no increase is demonstrated at this time; that the traffic burden should be equitably shared which is the concern when streets are closed; that this street closure is the first street closure with the potential for impacting other streets for which she has voted; that her vote was based on the fact that the street closure was part of a larger plan; that a demonstrably negative effect of any proposal may result in her negative vote. On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved that the Engineering Department take. traffic counts as deemed appropriate, reconvene the Task Force if an increase in traffic on Loma Linda Street is demonstrated, and report back to the Commission at the December 2, 1996, regular City Commission meeting. Vice Mayor Pillot stated that the December 2, 1996, regular City Commission meeting is four weeks awayi that taking action will take additional time with the result that the problem will continue to exist; that support is offered for placing temporary semi-diverters on Loma Linda Street tomorrow which would result in equity; however, such action is not teasible nor would such action be approved; that problem needs to be addressed; that the City Manager should assign the additional Traffic Enforcement Officers approved in the FY 1996/97 budget to Loma Linda Street to provide relief to the residents during the hours traffic is a problem. Commissioner Patterson stated that accurate traffic counts would not be obtained. Vice Mayor Pillot stated that the Traffic Enforcement Officers should be assigned after traffic counts are taken; that relief should be offered the residents on Loma Linda Street. Mr. Mohammed stated that the traffic counts will be scheduled and completed this week. Vice Mayor Pillot stated that a great deal of respect has been earned by the attitude of the residents on Loma Linda Street; that the residents have come to the Commission table with courtesy and kindness. Mayor Cardamone stated that Traffic Entorcement Officers should be assigned to Loma Linda Street. Commissioner Patterson stated that months should not be required to remove the semi-diverters if an increase in traffic is demonstrated; that she will be prepared to vote to remove the semi-diverters at the December 2, 1996, regular City Commission meeting if evidence is presented confirming a traffic increase. A Commissioner Merrill stated that traffic has definitely increased - on Loma Linda Street; that the only question is what action to take. Commissioner Patterson asked the reason for the traffic counts. Mr. Mohammed stated that the reason is to determine the magnitude of the problem and the type of action deserved and required. Commissioner Dupree stated that another reason is to determine the origin of the traffic causing the problem. Mayor Cardamone called for a vote on the motion for the Engineering Department take traffic counts as deemed appropriate, reconvene the Task Force if an increase in traffic on Loma Linda Street is demonstrated, and report back to the Commission at the first regular City Commission meeting in December 1996. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yesi Patterson, yes; Pillot, yes; Cardamone, yes. Vice Mayor Pillot stated that the telephone calls received from residents on Loma Linda Street have been valuable and courteous; that often serious concerns are expressed with high emotions; however, all speakers have been pleasant, courteous, and informative. Book 40 Page 13826 11/04/96 6:00 P.M. Book 40 Page 13827 11/04/96 6:00 P.M. 23. BOARD APPOINTMENTS RE: : VAN WEZEL PERFORMING ARTS HALL ADVISORY BOARD - APPOINTED HELEN R. MCBEAN (AGENDA ITEM IX-1) #4 (0224) through (0406) Mayor Cardamone stated that Ms. Lynn Robbins has resigned from the Van Wezel Performing Arts Hall (VWPAH) Advisory Board. Vice Mayor Pillot nominated Helen R. McBean for appointment. Mayor Cardamone nominated Isabel Scott Norton for appointment. Vice Mayor Pillot stated that he has known Mr. And Mrs. McBean for several years and has worked with them on projects in the past; that Mrs. McBean has demonstrated her interest in and support of the arts in Sarasota; that the other applicants are also interested in and supportive of the arts. Mayor Cardamone stated that she has known Ms. Norton for many years; that Ms. Norton is also very interested in and supportive of the arts; that Ms. Norton has significant expertise in management and has participated in a nationwide search for a director of an arts organization providing service to seven counties; that both women are excellent candidates. Commissioner Merrill stated that the applicants are excellent; that one of the applicants, Mr. K. Franz von Mann, lives on Shade Avenue in District #3; that district commissioners have an obligation to emphasize applicants from their district; that District #3 does not often have individuals interested in serving on City boards; that two people from District #3 have applied for this appointment, the other being Helen R. McBean; that both applicants are highly capable; that he has typically voted for the person rather than the district; however, finding highly qualified, interested applicants from District #3 is wonderful; that District #3 is not currently represented on the VWPAH Advisory Board; that regional distribution on City boards is important to assure every district is represented; that regional distribution as well as qualifications should be considered in the appointment to the VWPAH Advisory Board. Commissioner Patterson stated that the qualifications and expertise of the applicants are excellent; that a distribution of geographical representation is important on the VWPAH Advisory Board; therefore, her support is offered the District #3 candidate; that she has received a letter of interest from an individual who is uniquely qualified, having served on the Lincoln Center Board in New York; that applications for the current appointment are closed; however, the individual is encouraged to make application for future vacancies on the VWPAH Advisory Board. Mayor Cardamone called for the vote on the nominations. Isabel Scott Norton received one vote: Cardamone, yes. Helen R. McBean received four votes: Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Cardamone stated that she will change her vote to offer unanimous support to Helen R. McBean. Mayor Cardamone announced the appointment of Helen R. McBean to the VWPAH Advisory Board. Commissioner Patterson distributed copies of a letter from Walt Cannon referencing his extraordinary qualifications and expressing interest in serving on the VWPAH Advisory Board and asked that the Commission consider his application for future appointments. 24. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - SCHEDULED ON THE NEXT AGENDA: 1) THE CITY'S POSITION ON AN MPO GRANT TO THE JRT 2) USE OF CITY-OWNED PROPERTY EAST OF U.S. 301 FOR URBAN AGRICULTURE - AND 3) PASSING A RESOLUTION OPPOSING THE EXPLORATION AND PRODUCTION OF OIL OR GAS IN THE GULF OF MEXICO OFF THE COAST OF FLORIDA AND URGING THE STATE OF FLORIDA TO PROHIBIT SUCH PRODUCTION (AGENDA ITEM X) #4 (0418) through (1040) VICE MAYOR PILLOT: A. stated that eight of the nine members of the Tourist Development Council (TDC) attended the last meeting; that the TDC voted unanimously to reaffirm interest in the one cent bed tax; that the TDC voted 5 to 3 to split the tax for use in: 1) beach renourishment and 2) tourist development; that he made a motion not to split the tax because of an interest in quantifying the cost of beach renourishment which could be more than half the dollars available; that two (2) other TDC members agreed; however, that motion was rejected. COMMISSIONER PATTERSON: A. stated that the failure of the Florida Department of Transportation (FDOT) to complete road projects in a reasonable period, specifically the final coat of asphalt on U.S. 41, was discussed at the meeting of the Metropolitan Planning Organization (MPO); that, interestingly, FDOT is no longer blaming the City for the delay in completing the project; that the FDOT is Book 40 Page 13828 11/04/96 6:00 P.M. Book 40 Page 13829 11/04/96 6:00 P.M. considering different methods of awarding contracts, some of which may take legislative approval. B. stated that the MPO grant for the John Ringling Towers (JRT), of which approximately $600,000 is still unexpended, was also discussed at the MPO meeting; that the grant may be in question as concern was expressed in expending funds to build a sidewalk until assurances of a successful project can be obtained; that the concern is whether the money can be escrowed without disappearing entirely; that the current Director of FDOT wants the dollars to be reallocated to other projects; that all available dollars have been committed through the year 2001; therefore, additional dollars will not be available for the JRT until after that time if the $600,000 is reallocated; that the decision has serious consequences. Commissioner Patterson stated that Sarasota is next in line in the MPO rating process and would, therefore, inherit the money for the Sarasota Bayfront sidewalk project if the current MPO procedures are followed; that a decision by the MPO may be required shortly; that she requested the issue be presented to the City Commission as her own inclination, absent other instructions from the Commission, may not be to escrow the money for the JRT as the current litigation raises questions as to the viability of the project; that the money should not be lost to the district with the result that no project is funded; that the Director of FDOT has been requested to communicate in writing to the Commission; that the funds could potentially be lost; that the issue would have to be considered at the next Commission meeting as the next MPO meeting is immediately following; that, unfortunately, she will be unable to attend the next regular City Commission meeting. Mayor Cardamone asked if the MPO will be considering the issue at its next meeting? Commissioner Patterson stated yes, the item has been agendaed; that the MPO will follow its own inclination if the representatives of Sarasota do not provide direction; that her Own inclination will also be followed in the absence of Commission direction; that the MPO is expected to follow the opinion of Sarasota's representatives. Mayor Cardamone asked if Commissioner Patterson will be attending the MPO meeting? Commissioner Patterson stated yes. Commissioner Merrill stated that the MPO may follow the opinion of Sarasota's representatives if that opinion is not to spend the funds on the JRT; that dissent is anticipated if the opinion is to keep the funds for the JRT; that several MPO members discussed spending the money for other projects at the beginning of the litigation involving the JRT; that an evaluation of the chances of losing the funds should be made; that the decision is difficult; that a key consideration in awarding the grant was the JRT fund-raising goals, which is no longer a consideration; that the Commission should carefully consider its position; that, unfortunately, he will not be able to attend the next regular City Commission meeting; that the City Manager should provide carefully considered recommendations for the Commission's consideration. Commissioner Merrill continued that a good showing of the supporters of the JRT at the last MPO meeting would have been beneficial to efforts to keep the funds; however, attendance by JRT supporters was disappointing as only three people attended the meeting; that other entities are vying for the funds; that a strong argument can be made for the funds to be allocated to the next project in Sarasota if the funds are not reserved for the JRT. C. stated that the Sailing Squadron has indicated the diagram of Ken Thompson Park may not be accurate and will have to meet with City Staff to assure an accurate rendering; that the deadline for material for the next regular City Commission meeting was indicated to be November 8, 1996; however, agenda material is often received subsequent to the regular distribution; that the accuracy of the diagram is important to the Commission's consideration of the Sailing Squadron's request; that Staff could allow some latitude in assuring receipt of an accurate depiction of the area on Ken Thompson Park being requested by the Sailing Squadron. Mayor Cardamone stated that the location of the boundaries could be provided after the normal deadline since the area is well known to the Commissioners. COMMISSIONER MERRILL: A. stated that a house in the 2300 block of Waldemere Street continues as a problem; that the family of one of the cenants had been involved in a drug bust; that on Halloween eve a car leaving the house was stopped and found to have drugs; that neighborhood residents are concerned for their safety; that people are continuously seen entering the house with money and exiting with packages; that proving a drug transaction is difficult; that the Police have been excellent and Book 40 Page 13830 11/04/96 6:00 P.M. Book 40 Page 13831 11/04/96 6:00 P.M. have committed the necessary staffing; that the landlord is attempting to evict the tenant to resolve the problem; that this behavior has not existed previously in this neighborhood, whose residents are terrorized by these activities; that the activities must be stopped before getting out of control; that the neighborhood is appreciative of the resources being devoted by the Police and the City; that a favorable resolution is anticipated before the problem spreads. COMMISSIONER DUPREE: A. stated that the Economic Development Board (EDB) has postponed its meeting twice, which is unusual; that the EDB continues efforts to attract business to provide economic development for the County and the City. B. stated that an item will be agendaed at the next regular City Commission meeting concerning a proposal to use City property east of U.S. 301 for urban agriculture; that the property had previously been used by the City as a landfill. C. stated that the City continues to explore ways to deal with the drug problem; that the Commission is requested to give conceptual and actual approval to a program called Men Against Destruction and Dads Against Drugs and Social-Disorder, better known as MAD DADS, as a viable approach to dealing with the drug problem in Sarasota; that about 30 men from the Newtown area and other City neighborhoods will be invited to a meeting on November 13, 1996, at the Goodwill Center for the purpose of obtaining a commitment to: 1) patrol the streets on a regular basis, especially in areas with a high incidence of drugs and 2) serve as mentors for youth and attempt to turn around individuals selling drugs by offering other alternatives. D. stated that a call was received concerning the desire of the native American Indians to hold a Pow Wow on December 12 through 15, 1996, on the Mission Harbor site, which is unavailable; that other alternatives are available, including the Fair Grounds, Ken Thompson Park, and Island Park; that the Pow Wow is a regular conference; that the request has been presented to the Administration. MAYOR CARDAMONE: A. stated that a requést has been received from the Executive Director of the Southwest Florida Regional Planning Council to pass a resolution opposing the exploration and production of oil or gas in the Gulf of Mexico off the coast of Florida, urging the State of Florida to prohibit such production, directing notification and providing an effective date. Vice Mayor Pillot and Commissioner Patterson stated agreement with the request. Mayor Cardamone stated the item will be placed on the next agenda. B. stated that she attended the Florida Redevelopment Conference in St. Petersburg the week before the recent riots there; that other cities are struggling with the issue of what to do with their downtown areas; that many communities are discussing what to do with their old Maas Brothers buildings; that the impact of one organization on small cities throughout Florida is significant; that reporting Sarasota has resolved this issue was a pleasure. C. stated that information was received from other cities, some smaller than Sarasota, about economic development plans, economic development and redevelopment directors, which is a staff position not presently existing in Sarasota; that the Commission is requested to consider such a position in the next budget to continue the City's economic redevelopment goal. 25. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (1040) through (1040) CITY AUDITOR AND CLERK ROBINSON: A. stated that a Commission workshop will be held on November 5, 1996, from 2:00 to 6:00 p.m. concerning Impact Management Areas (IMAs) and Impact Fees; that the material on Impact Fees was previously distributed to the Commission. Book 40 Page 13832 11/04/96 6:00 P.M. Book 40 Page 13833 11/04/96 6:00 P.M. 26. ADJOURN (AGENDA ITEM XII) #4 (1040) There being no further business, Mayor Cardamone adjourned the regular meeting of November 4, 1996, at 11:20 p.m. - AlcCt MOLLIE C. CARDAMONE, MAYOR € ATTEST:. 33 Ly 6. Rolen BILLY ESR ROBINSON, CITY AUDITOR AND CLERK 3) 7