MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 22, 2000, AT 6:00 P.M. PRESENT: Mayor Mollie C. Cardamone, Vice Mayor Gene M. Pillot, Commissioners Albert F. Hogle, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Cardamone Thé meeting was called to order in accordance with Article III, Section, 9(a) of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: RECOGNITION OF CITY OF SARASOTA UNITED WAY DEPARTMENTAL TEAM LEADERS FOR THE 1999/2000 CAMPAIGN ACHIEVEMENT #1 (0020) through (0315) Steve Dvoskin, Campaign Chairman Elect, 1999/2000 United Way Campaign, Area Vice President, Comcast Cable; Lucy Nicandri, Campaign and Marketing Director; Diane Prairie, Corporate Campaign Manager, Sarasota County United Way; and Larry Lovejoy, Director of Employee Services, came before the Commission. Mr. Dvoskin stated that the City is congratulated for a strong 1999/2000 United Way Campaign; that City employees gave a record $41,540 with 46 percent of employees contributing; that a significant increase was realized in payroll deductions; that the employees and United Way Team Leaders are commended; that the City was among the top ten organizations for United Way Campaigns in Sarasota County; and presented a plaque to City Manager Sollenberger for the City's efforts. City Manager Sollenberger stated that the generosity of the City's employees and the hard work of the Team Leaders are appreciated. Mr. Dvoskin presented Recognition Certificates, an acrylic plaque for the record-setting campaign and a Gold Medal to the following Team Leaders: Team Leader Department Pat Frazier Bobby Jones Golf Complex/Ed Smith Stadium Mary Pallante Building, Zoning & Code Enforcement Department, accepted by Timothy Litchet Karen McGowan City Auditor and Clerk's Office BOOK 47 Page 19144 02/22/00 6:00 P.M. BOOK 47 Page 19145 02/22/00 6:00 P.M. Sandy Saraniero City Commission and City Manager's Office Darlene Jones Engineering Department, accepted by V. Peter Schneider Frances Scarbrough Finance/Accounting and Payroll Justin Bulger General Services/Central Stores/Mobile Home Park/ Municipal Auditorium Lori Bryan Housing and Community Development, accepted by V. Peter Schneider Janice Docking Human Resources Jackie Day Information Systems and Technology, accepted by Frances Scarbrough Rhonda Maley-Murphy Neighborhood Development, accepted by Gregory Horwedel Joyce Bryant Planning Department, accepted by Jane Robinson Diane Nuttleman Police Department, accepted by John Lewis Terry Winkel Police Department, accepted by John Lewis Alex Hernandez Public Works/Utilities James West Public Works/Utilities Vicki Bernardo Sarasota Bay National Estuary Program, accepted by V. Peter Schneider George Augustin Van Wezel Performing Arts Hall Larry Lovejoy Campaign Chairman Mayor Cardamone stated that the final figure of contributions by City employees is $41,540; that the City's 1999/2000 United Way campaign was a success. 3. PRESENTATION RE: CITY OF SARASOTA PROCLAMATION TO THE HUMAN SERVICES PLANNING ASSOCIATION OF SARASOTA COUNTY, INC. FOR SUBSTANCE ABUSE PREVENTION MONTH #1 (0315) through (0460) Mayor Cardamone requested that Roland Liebert, Program Director, Substance Abuse Prevention Coalition, Human Services Planning Association of Sarasota County, come forward; read in its entirety the City Proclamation designating March 2000 as "Substance Abuse Prevention Month, 1 a month of special importance and worthy of recognition by the citizens of the City of Sarasota, in honor of the Community Key Leaders and Stakeholders Forum scheduled for March 2, 2000, and in recognition of the goals established; and stated that congratulations and appreciation are extended to the 60 coalition agencies and other community organizations for the efforts in preventing and reducing substance abuse. Mr. Liebert stated that the community has the energy, pride, and sense of responsibility to achieve the established goals; that a 50 percent reduction in the various indicators within five years was a standard established by the Governor of the State of Florida; that the Coalition believes the goals are attainable as Sarasota is a special place; that the enthusiasm and support of the community is impressive; that the efforts and support of Drug Free Communities and the Commission are appreciated. 2. ADOPTION RE: MEMORIAL RESOLUTION NO. O0R-1254, RECOGNIZING THE PASSING OF SARASOTA POLICE OFFICE ARTHUR "ART" WALLS, WHO SPENT NEARLY 24 YEARS WITH THE CITY OF SARASOTA POLICE DEPARTMENT TEACHING RESIDENTS TO PROTECT THEMSELVES AND WHOSE CONTRIBUTIONS TO THE COMMUNITY ARE APPRECIATED - ADOPTED #1 (0460) through (0610) Mayor Cardamone stated that Memorial Resolution No. O0R-1254, recognizes the February 10, 2000, passing of Arthur "Art" Walls, an outstanding citizen of Sarasota; that everyone present had a Ériendship or relationship with Officer Walls. Mayor Cardamone read Memorial Resolution No. OOR-1254 in its entirety. On the motion of Commissioner Quillin and second of Commissioner Mason, it was moved to adopt Memorial Resolution No. O0R-1254. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. The following family members came forward and were presented with a copy of the memorial resolution appropriately framed on a plaque: Patricia, wife; Patrick, son; Amy, daughter; and Tammy, daughter. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0610) through (0630) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. III A-5, Approval Re: Increase the SHIP budget: Special Needs Housing Funding by $300,000, and Housing Partnership Program by $764,683, per the request of Deputy City Manager Schneider. B. Remove Consent Agenda No. 2, Item No. III B-4, Adoption Re: Second reading of proposed Ordinance No. 00-4191, providing for the designation of the structure located at 324' Julia Place, historically known as the James A. and Dela S. Oliver House, per the request of the applicant Devin Rutkowski. BOOK 47 Page 19146 02/22/00 6:00 P.M. BOOK 47 Page 19147 02/22/00 6:00 P.M. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 4. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 7, 2000 = APPROVED (AGENDA ITEM I) #1 (0630) through (0665) 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 meeting of February 7, 2000, are approved by unanimous consent. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 6, AND 7 - APPROVED; ITEM NO. 5 - REMOVED UNDER CHANGES (AGENDA ITEM III-A) #1 (0665) through (0775) Commissioner Quillin requested that Item No. 7 be removed for discussion. 1. Approval Re: Set for public hearing proposed Ordinance No. 00-4211, amending the Firefighters' Pension Plan to bring the Plan in compliance with Chapter 112, Florida Statutes 2. Approval Re: Settlement of Claim for Thunder Marine in the amount of $50,000 3. Approval Re: Implementation of the Sarasota Police Department's Career Service Award Program 4. Approval Re: : Authorize the Mayor and City Auditor and Clerk to execute the Lease Agreement between the City of Sarasota and Mayor's Drug Free Communities Committee, for the sum of ten dollars ($10) payable annually for The Roy Curt Smith Resource Center 6. Approval Re: Settlement of claim for William C. Purdy in the amount of $16,500 On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 4 and 6. Motion carried unanimously (5 to 0): Hogle, yesi Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 7. Approval Re: Request from the Junior League of Sarasota, Inc. (Junior League), to allocate funds in the amount of $5,000 to celebrate the millennium for a community wide event to be held at the Van Wezel Performing Arts Hall on Saturday, April 1, 2000 Commissioner Quillin asked if the funding source is the millennium fund? City Manager Sollenberger stated yes. Commissioner Quillin stated that a report concerning the financial status of the millennium fund would be appreciated. Gibson Mitchell, Director of Finance, came before the Commission and stated that at least $60,000 remains; that an exact amount is not immediately known. Mayor Cardamone stated that the Junior League's request is for in-kind services. Commissioner Quillin stated that the request is the second for expenditures from the millennium fund; that the Junior League's request is not a concern; and asked if guidelines for future expenditures from the millennium fund have been established? Mayor Cardamone stated that funds were provided in the City's budget for millennium celebrations for fiscal years (FY) 1998/99 and 1999/2000 recognizing most costs would be for in-kind services for specific events celebrating the millennium; that the Junior League's request is to support a full-day family event scheduled for April 1, 2000, at the Van Wezel Performing Arts Hall; that the event involves considerable planning and will include a 10-kilometer, a 5-kilometer, and a fun walk/run; that the event conforms with the Millennium Committee's goal of supporting programs open to the public at no or very low cost to establish in the minds of children and others significant events during the millennium year. Commissioner Quillin stated that a report from the Millennium Committee of upcoming events would be helpful. Mayor Cardamone stated that a report can be provided; that a Millennium Committee meeting is scheduled for March 1, 2000, at which time the request will be conveyed; that the idea is good. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item No. 7. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1252) ADOPTED; ITEM 2 (RESOLUTION NO. O0R-1253) - ADOPTED; ITEM 3 (RESOLUTION NO. O0R-1255) - ADOPTED; ITEM 4 (ORDINANCE NO. 00-4191) - REMOVED UNDER CHANGES; ITEM 5 (ORDINANCE NO. 00- 4192) - ADOPTED; ITEM 6 (ORDINANCE NO. 00-4196) - ADOPTED: BOOK 47 Page 19148 02/22/00 6:00 P.M. BOOK 47 Page 19149 02/22/00 6:00 P.M. ITEM 7 (ORDINANCE NO. 00-4197) - ADOPTED; ITEM 8 (ORDINANCE NO. 00-4198) - ADOPTED; AND ITEM 9 (ORDINANCE NO. 00-4201) ADOPTED; ADMINISTRATION WILL PROVIDE A PRESENTATION CONCERNING THE RENOVATIONS AT THE VAN WEZEL PERFORMING ARTS HALL (AGENDA ITEM III-B) #1 (0775) through (2165) Commissioner Quillin requested that Item No. 3 be removed for discussion. 1. Adoption Re: Proposed Resolution No. O0R-1252, appropriating $39,105 from the special Law Enforcement Trust Fund (forfeitures) to fund the purchase of 30 police tactical rifles, all related equipment, ammunition and training, etc. 2. Adoption Re: Proposed Resolution No. O0R-1253, supporting comprehensive countywide planning and program development for substance abuse prevention in the City of Sarasota (Title Only) 5. Adoption Re: Proposed Ordinance No. 00-4192, amending Chapter 10, Sarasota City Code, Beaches; and Waterways, Article II, Boating to prohibit the operation of airboats within the corporate limits of the City; repealing ordinances in conflict; exempting the intracoastal waterway from said prohibition (Title Only) 6. Adoption Re: Proposed Ordinance No. 00-4196, amending the Zoning Code (1998) as adopted by reference by Ordinance 98-4076, as subsequently amended; setting forth findings as to intent and purpose; amending Article IV, Development Review Procedures; Division 2, General Procedures; Sec. IV-203, Concurrency Certificate and the Methodology for Calculating Projected Demand for Certificates of Concurrency as detailed in Appendix "A" of the Zoning Code (1998); said amendments consist of revising the definition of de minimis impact regarding transportation facilities, deleting Sec. IV-203, E, 3, b, regarding the minimum requirements for concurrency for transportation facilities; amending and restating the methodology for calculating projected demand for certificates of concurrency as detailed in Appendix "A" of the Zoning Code (1998) (Title Only) 7. Adoption Re: Proposed Ordinance No. 00-4197, rezoning real property having a street address of 727 Hudson Avenue and commonly known as the Alderman Oaks retirement center from the Residential Multi-Family Revitalization (RMF-R) Zone District to the Multi-Family Residential-5 (RMF-5) Zone District and also rezoning adjacent property having a street address of 742 Rowe Place, from the Multi-Family Residential-3 (RMF-3) Zone District to the Multi-Family Residential-5 (RMF-5) Zone District, as more particularly set forth herein; providing a legal description of the rezone property; providing for conditions of the rezoning (Title Only) 8. Adoption Re: Proposed Ordinance No. 00-4198, to rezone real property located on the northwest corner of Bahia Vista Street and Allendale Avenue and having street addresses of 1120 and 1128 Allendale Avenue, from the Single-Family-Residential-4 (RSF-4) Zone District to the Office, Professional and Business (OPB) Zone District (Title Only) 9. Adoption Re: Proposed Ordinance No. 00-4201, amending Chapter 24, Personnel, Article II, Pensions, Division 3, Police, of the Code of Ordinances of the City of Sarasota; amending Section 24-68, Membership (Title Only) City Auditor and Clerk Robinson read proposed Resolution No. O0R-1252 in its entirety and proposed Resolution No. OOR-1253 and Ordinance Nos. 00-4192, 00-4196, 00-4197, 00-4198, and 00- 4201 by title only. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to adopt Consent Agenda No. 2, Items No. 1, 2, 5, 6, 7, 8, and 9. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yesi Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 3. Adoption Re: Proposed Resolution No. O0R-1255, appropriating $372,124.50 from the unappropriated fund balance of the General Fund to fund the design and construction requirements of the festival tent utilized by the Van Wezel Performing Arts Hall (VWPAH) during the renovation of the hall, etc. Commissioner Quillin asked for clarification of an encumbrance of $372,124.50 for which the City had budgeted $250,000 resulting in a total cost of over $500,000. Commissioner Mason asked if the expenditure includes removal of the tent? City Manager Sollenberger stated the expenditure includes removing the tent and restoring the parking area; that the additional expense was not anticipated nor desired; that the City has never encountered a similar situation; and referred to a February 2, 2000, letter from Anthony Gonzalez, Project Manager, National Constructors, Inc. to the VWPAH Executive Director listing the work performed and the costs. BOOK 47 Page 19150 02/22/00 6:00 P.M. BOOK 47 Page 19151 02/22/00 6:00 P.M. William Mitchell, Executive Director of the Van Wezel Performing Arts Hall (VWPAH), came before the Commission and stated that the VWPAH believes commitments made prior to the knowledge the VWPAH would not open as scheduled should be honored; that contracts had been previously signed; that more importantly, commitments had been made to local organizations; therefore, the adventure of the temporary tent was entered; that research was conducted in advance to prepare a reasonable budget based on other experiences in other locations; that the tent was designated as a Class A Assembly Hall, resulting in a previously unknown requirement for underground plumbing, for example; that the scale of requirements to assure public safety and an attractive and welcoming atmosphere was not anticipated; that substantial performances are scheduled, including the Royal Philharmonic Orchestra at a cost of $50 per ticket; that another problem was the condensed timeframe; that the adventure was one of daily discovery. Commissioner Hogle referred to the February 2, 2000, letter and stated that two-thirds of the expenditures are apparently to meet City building code requirements. Mr. William Mitchell stated that is correct. Commissioner Hogle stated that a temporary requirement for a tent, i.e., approximately one week, would not have necessitated the same safety facilities. Vice Mayor Pillot agreed; and stated that all due diligence was exercised; that the situation was difficult; that the irony is a tent would not have been required in the absence of a frivolous lawsuit concerning the Local Option Sales Tax (L.O.S.T.), also called the penny sales tax which delayed the start of the project and resulted in the VWPAH not opening as scheduled. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to adopt Consent Agenda No. 2, Item No. 3. Commissioner Quillin stated that approximately $250,000 was budgeted for expenses and asked the time at which the additional expenses became known? Mr. William Mitchell stated that the information was received in January 2000; that the effort to control expenses continues; that originally the plan was to canopy the restrooms and the back- stage area, which is not possible; that tortunately, the weather has been good. Commissioner Quillin stated that the Commission could have waived some expenses, i.e., permit fees; that other expenses could have been waived; and asked if the City Manager was aware of the expenditures? Mr. William Mitchell stated that the City Manager was not aware of the expenditures until late January 2000. Commissioner Quillin stated that the request is for an expenditure from City reserves; that the ability to encumber funds without knowledge of the Commission is surprising; that $250,000 was budgeted; that a total of over $500,000 will be expended; that the Commission should have been apprised; that some issues associated with the temporary facilities such as air conditioning were presented during the budget process; that the indication was a private donor would be solicited; and asked if an effort was made to obtain private donations? Mr. William Mitchell stated that some corporate sponsorships were secured. Commissioner Quillin stated that the concern is of funds being expended from reserves, which is hurting the taxpayers; that a report of funds expended from reserves would be appreciated. Gibson Mitchell, Director of Finance, came before the Commission, distributed and referred to a list of Special Appropriations from reserves totaling $544,774 as follows: No. Purpose Amount 904 Greater Newtown Community Redevelopment Corp. $133,274 905 Transportation Concurrency Exception Area 176,500 907 Downtown Master Plan 207,500 910 Palm Avenue Property Expenses 27,500 Finance Director Mitchell stated that approval by the Commission of the requested expenditures results in a total appropriation of $916,898.50 from the unencumbered fund balance since October 1, 1999; that other items will probably come before the Commission before the conclusion of FY 1999/2000 such as the Ringling Causeway Bridge litigation, Chambers physical and audio-visual improvements, litigation involving the Sarasota Mobile Home Park (SMHP), etc., the cost of which is unknown; that an additional loss by the VWPAH is also personally anticipated; that approximately $250,000 will be required to proceed with the Geographic Information System (GIS) survey grade mapping; that supplemental funds of approximately $55,000 may be required for an interconnected parks study as $75,000 was budgeted but the bid received was $130,000; that additionally, the Commission utilized $342,828 from reserves for the City's 1999/2000 budget due to revenue shortfall; that the total shortfall from the fund balance forecasted during the budget process will be $1,152,432. Commissioner Quillin stated that the Commission is subsidizing the VWPAH for the next two years at an amount approximately equal to $1.2 million. BOOK 47 Page 19152 02/22/00 6:00 P.M. BOOK 47 Page 19153 02/22/00 6:00 P.M. Finance Director Mitchell stated that the exact amount is not immediately recalled; that the fund balance of the VWPAH was eliminated in preparation for the renovation. Commissioner Quillin stated that another $372,124.50 is being requested; that since September 1999, over $1 million has either been approved or is anticipated as an expenditure; that the taxpayers were promised a lower tax rate as part of an agreement to consolidate the City and County Fire Departments; that the City apparently cannot stay within an approved budget; that the price could have been lower if community resources such as Suncoast Center for Independent Living were approached and if the Commission had been involved; that encumbering the City and subsequently seeking Commission approval is a concern; that taxpayers are asking questions; that the approach is inexcusable; that Commissioners must answer to the taxpayers; that answers should be provided at the Commission table; that the possibility is the Cadillac is not always attainable and the Chevrolet must be accepted; that demolition and rebuilding of the VWPAH parking lot is not understood as the VWPAH is being renovated; that citizens in the community have every right to challenge the L.O.S.T.; that certain items at the VWPAH such as asbestos were not considered which delayed the renovations; that the L.O.S.T. cannot be encumbered until the year collected; that the existence of safeguards is unknown; that safeguards should be found to assure the taxpayers are not constantly faced with additional expenditures; that the amount requested is not insignificant. City Manager Sollenberger stated that talking to the Commission earlier would have been preferred; that one problem was the pressure to open the tent to assure the pertormances of the Circus of Sarasota could proceed; that many inquiries were received concerning scheduled appearances at the VWPAH; that the VWPAH also had contractual commitments; that the objective was to accomplish the job; that the ordinary financial management was difficult; that the circumstances were unusual and are being experienced for the first time during his tenure; that some expenditures unrelated to the VWPAH will be recovered from Tax Incremental Financing (TIF) funds; that several options are available for the costs associated with the interconnected parks study proposal, which will not be brought to the Commission due to the position of the fund balance; that currently, the fund balance is at approximately 10 percent which is relatively healthy; however, depleting the fund balance Eurther is not desired; that having late information concerning expenditures is not desired and has been discussed with Staff. Commissioner Quillin stated that the situation has been discussed with the City Manager; that the City Manager should not be placed in such a position. Commissioner Mason stated that the status of the fund balance is a concern; that safeguards should be in place to assure the current situation is not repeated. Vice Mayor Pillot referred to the February 2, 2000, letter from Anthony Gonzalez, Project Manager, National Constructors, Inc. and stated that with the exception of the permit fees, the costs are required for safety or the convenience of the pertormers and the audience; that the City could have waived the permit fees, which would have gained nothing as the fees would be paid by the City and then directly deposited with City funds; that the City Manager has demonstrated the use of safeguards and the use of an excellent Staff; that the VWPAH Executive Director has done an excellent job and used due diligence in a difficult situation; that removal of any costs requested is not supported with the possible exception of permit fees; that the costs are associated with minimum requirements of safety to the public and performers. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to call the question. Motion carried unanimously (5 to 0): Hogle, yes; Pillot, yes; Quillin, yes; Mason, yes; Cardamone, yes. City Auditor and Clerk Robinson read proposed Resolution No. OOR-1255 in its entirety. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote to adopt Consent Agenda No. 2, Item No. 3. Motion carried (4 to 1): Mason, yes; Pillot, yes; Quillin, no; Mason, yes; Cardamone, yes. Mayor Cardamone stated that the Administration previously indicated the costs associated with the GIS and parks study may be delayed to another fiscal year. City Manager Sollenberger stated that delaying the GIS survey grade mapping program will be pursued; that the parks interconnected system study will not be brought to the Commission; that a budget will be presented. Mayor Cardamone stated that maintaining a high reserve fund balance has been advocated in the past; that the construction manager is doing an outstanding job of finding errors, omissions, and overruns in the VWPAH renovations; that the savings have been impressive; that the savings could be utilized to pay the costs associated with the tent, which should be investigated. City Manager Sollenberger stated that the VWPAH renovation plans included an extensive list, some of which were not included in the maximum guaranteed price; that accomplishing the construction for less than the maximum guaranteed price could result in savings which could be used for items previously deleted from the BOOK 47 Page 19154 02/22/00 6:00 P.M. BOOK 47 Page 19155 02/22/00 6:00 P.M. VWPAH renovation project; that an informed presentation or report could be provided; that the current VWPAH renovation is an opportunity which will not be available again for a long time. Mayor Cardamone stated that hearing the Commission's agreement, a presentation concerning the VWPAH renovations will be provided; that City fees have been charged, the amount of which is unknown; and asked if the fees can be waived? City Manager Sollenberger stated that fees go into the General Fund; that many people request amelioration of building permit fees; that the standard response is the City charges for every project; that maintaining the posture as part of the City's financial management system is desired; that setting a different precedent is not desired. Mayor Cardamone stated that the philosophy is understood. Vice Mayor Pillot stated that canceling pertormances at the VWPAH would have been required if not for the tent which, would have resulted in loss of revenue; that the expenditures for the tent provide for safety and minimum convenience for the public; that no revenue would have been produced without the tent; that the information provided by the Director of Finance is appreciated and asked if the local tax revenues must be budgeted at an amount not less than 95 percent. Finance Director Mitchell stated that less than 95 percent of ad valorem taxes cannot be budgeted. Vice Mayor Pillot asked the history of the City's actual tax revenues? Finance Director Mitchell stated that projections have varied; that in the early 1990s, bankruptcies were experienced; that the City cannot force a sale of property associated with a bankruptcy; that in good times, the actual tax revenues are 97 percent of budget. Vice Mayor Pillot stated that on average the City received more than the 95 percent budgeted. Finance Director Mitchell stated that is correct. Vice Mayor Pillot stated the conservatism of the Finance Director is known and applauded; that the ad valorem taxes collected will probably exceed budget. Finance Director Mitchell stated that the hope is for higher than budgeted ad valorem revenues. Mayor Cardamone stated that the additional expenditures cause dismay; and asked the loss to the City if the VWPAH contracts had been cancelled? Mr. William Mitchell stated that the VWPAH had over $500,000 in commitments. Commissioner Quillin stated that a report concerning the events leading to the additional expenditures and the arrangements with the Circus of Sarasota, particularly the shared costs, would be helpful; that having such a report while considering approval of the additional expenditures would have been helpful. Mayor Cardamone requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that time limits for the quasi-judicial public hearings will be determined at the appropriate time; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 7. NON QUASI-JUDICIAL PUBLIC HEARING RE: SECOND PUBLIC HEARING RE: : SECOND READING OF PROPOSED ORDINANCE NO. 00-4193, PROVIDING FOR REVISIONS TO ZONING CODE TO ADDRESS SCRIVENER'S CORRECTIONS AND REVISE SPECIFIC ZONING CODE; ETC. (TITLE ONLY) - ADOPTED ON SECOND READING (AGENDA ITEM IV A-1) #1 (2162) through (2660) Mayor Cardamone stated that proposed Ordinance No. 00-4193, provides for revisions to the Zoning Code (1998) to address scrivener's corrections and revise specific sections. Mark Hess, Chief Planner, Planning and Development Department, came before the Commission and stated that Zoning Text Amendment Application No. 00-ZTA-01 is to amend the Zoning Code (1998) to address scrivener's corrections and specific sections which are unclear or inaccurate; that 16 sections are being changed; that the more important revisions will be reviewed; that Section 3 clarifies definitions of "zoning lot," 'nightclub, I public art,' n or "public works of art, ,"; that Section 8 adds additional criteria for the vacation of streets for consistency with case law by adding the phrase "whether proposed vacation is in the public interest"; that Section 12 adds artist, sculptor, potter, and weaver studios as permitted uses in the Commercial, Central BOOK 47 Page 19156 02/22/00 6:00 P.M. BOOK 47 Page 19157 02/22/00 6:00 P.M. Business District (C-CBD) Zone District and department stores as a permitted use in the C-CBD Zone District, deletes nursing homes in the Industrial (I) Zone District and adds nursing homes as a permitted use in the Medical, Charitable, Institutional (MCI) Zone District, and adds kindergarten, elementary, or secondary schools as a permitted use in the Governmental Use (G) Zone District; that at its November 17, 1999, Special meeting, the Planning Board/Local Planning Agency (PBLP) voted unanimously to find Application No. 00-ZTA-01 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and the Standards for Review set forth in Section IV- 1206, Zoning Code (1998), and to recommend Commission approval. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4193 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Ordinance No. 99-4193 on second reading. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to adopt proposed Ordinance No. 99-4193 on second reading. Commissioner Quillin stated that including fewer revisions in each ordinance is suggested. Mayor Cardamone stated that a suggestion was previously made to incorporate fewer revisions or corrections in an ordinance if additional revisions and corrections are required; however, a February 16, 2000, memorandum from the City Manager to the Commission explained the expense; that continuing to batch revisions is more cost-effective which satisfied the personal desire to reduce the number of revisions per ordinance. City Manager Sollenberger stated that batching of revisions will continue to avoid a multiplicity of advertising; however, a Commission workshop can be conducted if multiple revisions are necessary. Mayor Cardamone asked the cost of advertising the proposed ordinance? City Auditor and Clerk Robinson stated that the cost was approximately $4,000. Mayor Cardamone stated that being required by law to advertise ordinances at great expense is appalling; however, the reason is understood; that the price of advertising ordinances with long titles is significant. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yesi Mason, yes. 8. NON QUASI-JUDICIAL PUBLIC HEARING RE: AMENDING PROPOSED ORDINANCE NO. 99-4152, CHAPTER 30, ARTICLE V, DIVISION 3, OF THE CODE OF THE CITY OF SARASOTA TO ALLOW THE PLACEMENT OF MODULAR NEWSRACKS ON PUBLIC LAND; PROVIDING A DEFINITION FOR "MODULAR NEWSRACKS; I PROVIDING REGULATIONS APPLICABLE TO THE PLACEMENT AND MAINTENANCE OF MODULAR NEWSRACKS; ETC. (TITLE ONLY) PASSED ON FIRST READING INCORPORATING LANGUAGE CONCERNING THE TERM "VOLUNTARY" PRESENTED BY STAFF, STIPULATIONS REGARDING COLORS AND MANAGERIAL APPROVAL, AND A DATE CERTAIN FOR REVIEW OF THE ORDINANCE (AGENDA ITEM IV A-2) #1 (2660) through #2 (1889) Mayor Cardamone stated that proposed Ordinance No. 99-4152 amends Chapter 30, Article V, Division 3, of the Code of the City of Sarasota to allow the placement of modular newsracks on public land, provides a definition for "modular newsracks, and provides regulations applicable to the placement and maintenance of modular newsracks. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that proposed Ordinance No. 99-4152 amends the existing newsrack ordinance to provide for modular newsracks on public land in the City; that the proposed newsracks program is significantly different from a program proposed approximately two years agoi that a legielatively-mandatad program from a private third-party organization was presented; that the program did not have the support of the newspaper industry; that an ongoing cost to the City would exist; that a program has been developed which will be entirely administered by the newspaper industry as a. result of numerous meetings between Staff and the newspaper industry; that all costs and maintenance are incurred by the newspaper industry; that the program has the support of Staff, the newspaper industry, and involved citizens; that modular newsracks have been placed at Five Points and Bird Key; that requests were received from business and property owners and citizens for replacement of free-standing newsracks; that a letter was received from St. Armands Circle merchants, property owners, and residents supporting the program; that as Staff was preparing to bring the BOOK 47 Page 19158 02/22/00 6:00 P.M. BOOK 47 Page 19159 02/22/00 6:00 P.M. ordinance forward to the Commission in September 1999, Staff was informed by representatives of groups at St. Armands Circle the proposed program was not supported; that Staff met with resident property owners, merchants, and the newspaper industry; that the newspaper industry and St. Armands representatives determined acceptable sites after walking the area; that the community has been and will continue to be involved; that one key element of the proposed ordinance is the location of the modular newsracks; that the newspaper industry's agreement to a 250-foot exclusionary zone in which free-standing newsracks would be prohibited was a key to the success of using the modular racks; that free-standing newsracks must be 250 feet away from modular newsracks if publications decide not to use the modular racks; that many free publications benefit by being near the locations of paid popular publications; that the distance requirement was a major compromise and. negotiated point which added much strength to the proposed ordinance; that the Parks, Recreation and Environmental Protection Advisory Board (PREPAB) has been involved to some extent since the process began; that in November 1999, the PREPAB made recommendations as follows: 1. A definition is required for "voluntary program." Mr. Schneider stated that a definition may not be necessary; however, a definition which can be incorporated in the proposed ordinance between first and second reading has been prepared as follows: Voluntary Program means a plan to initiate the use of modular newsracks whereby the City and the Sarasota Herald- Tribune, acting on behalf of participating publications, agree upon specified locations for modular newsracks that replace individual newsracks at the same locations. All costs associated with the procurement, installation, maintenance and administration of the modular newsracks shall be the responsibility of the Sarasota Herald-Tribune and other participating publications. 2. All singular newsracks should have a standard green color. Mr. Schneider stated that the proposed ordinance addresses only modular newsracks; that the interest in requiring a standard color for individual newsracks has been an issue for several years; that the newspaper industry believed free-standing newsracks should be allowed to maintain color identity if the accommodation of modular newsracks were made; that Staff agreed not to legislatively mandate a standard color. 3. All newsracks should be hurricane-safe. Mr. Schneider stated that the proposed ordinance pertains to modular rather than free-standing newsracks; that during impending bad weather, Staff contacts the newspaper and publication industries and requests removal of free-standing newspaper racks from the Downtown area; that making free- standing racks hurricane safe would require affixing the newsracks permanently to the sidewalk or curb resulting in a tremendous maintenance and cost problem to the Cityi therefore, affixing the newsracks to the sidewalk is not recommended. 4. The 250-foot distance is not adequate; 500 feet should be considered. Mr. Schneider stated that distances greater than 250 feet were considered, particularly at St. Armands Circle; that 250 feet is adequate to serve the purpose intended to group the large numbers of free-standing racks at the most populous locations; that the newspaper industry had a concern with a 500-foot restriction and ultimately agreed to 250 feet which was a major concession. 5. A requirement should be incorporated that any grouping of six or additional singular newsracks shall be replaced with a modular newsrack. Mr. Schneider stated that legislating replacement of free- standing newsracks is currently not necessary; that Staff is targeting sites with ten or more free-standing newsracks to create modular sites; that identification of modular sites will continue; that the Commission has the ability to enact legislation to create a more stringent newsrack program if the program is not successful; that tremendous cooperation between the Sarasota Herald-Tribune, which has acted as the newspaper industry spokesperson, Staff, and neighborhood residents has existed; that the proposed ordinance will be a major success and has been successful in the two limited areas in which modular newsracks were placed. Mayor Cardamone opened the public hearing. The following people came before the Commission: BOOK 47 Page 19160 02/22/00 6:00 P.M. BOOK 47 Page 19161 02/22/00 6:00 P.M. Alan Lillie, former member, 351 North Shore Drive (34234), and Carolyn Johnson, Vice Chairman, 3348 Old Oak Drive (34239), Parks, Recreation and Environmental Protection Advisory Board (PREPAB). Ms. Johnson stated that at its January 2000 meeting, the PREPAB voted unanimously that four major items are required in the proposed ordinance: 1. A uniform color of either green or tan for all newsracks 2. Hurricane safety standards for all newsracks, modular or singular 3. A distance restriction of more than 250 feet 4. A grouping of six or more singular newsracks shall be replaced with a modular newsrack Mr. Lillie read for the record and referred to a letter dated November 4, 1999, to the PREPAB indicating: The change will permanently alter the existing ordinance and will be the only controlling document. The ordinance applies to modular racks but also includes reference to a "voluntary program" by the publications," which is a concern. The key is the definition of "voluntary" and if the publishers have a veto over the installation and location of a modular rack. The term "voluntary" should be defined and the City's involvement determined. - Problems with free-standing newsracks should be addressed or the problems will continue. Mr. Lillie stated that imposing a requirement for modular racks under voluntary conditions is different than attempting to correct errors of omission in the 1993 ordinance; that in 1997 the PREPAB asked the Commission if re-investigating the ordinance was desired as problems still existed and the Commission agreed; that the PREPAB suggested a third-party program which did not materialize; that dealing with the newspaper industry has been a difficult ordeal; that the newspaper industry indicates a lawsuit will be filed upon presentation of a program; that the threat of lawsuits has been effective in preventing various desired requirements; that the newspaper industry is opposed to a color requirement due to the expense of repainting the newsracks. Vice Mayor Pillot stated that Mr. Lillie's recent telephone conversation was very informative and appreciated; that of the four major concerns, the hurricane-proot issue appears the most telling as bolting the racks to the sidewalks could result in destruction and the incumbent expense of repairing the sidewalks; that the proposed ordinance indicates the City Manager may direct newsracks and modular newsracks be removed under emergency weather conditions; that the potential damage of removing a bolted-down newsrack is a concern; and asked if giving the City authority to order removal of free-standing newsracks if weather conditions warrant is supported? Ms. Johnson stated that having lived through the no-name storm and other similar situations, mandating removal of newsracks is a concern as the ability to remove newsracks in time is personally doubted; that the modular newsracks are set in concrete, hurricane safe, and superior to free-standing newsracks; that all storms are not predicted. Mr. Lillie stated that modular newsracks must be brought back to the original condition if removed; and asked the reason the requirement would not also apply to the free-standing newsracks. Mayor Cardamone stated that historically, publishers place newsracks for a short time, go out of business, and leave the City with unsightly newsrack; that the light plastic newsracks can be blown by wind through a store window. Vice Mayor Pillot stated that citizens are required to pay a deposit for water and sewer service; and asked if the City Attorney's Office could be requested to investigate requiring a deposit held in escrow against any potential damage by newsracks operated by less than responsible owners? Mayor Cardamone stated that requiring a deposit could be considered. Kafi Benz, Director of the Indian Beach/Sapphire Shores Neighborhood Association P.O. Box 2900 (34230), stated that the PREPAB's recommendations are supported; and submitted and read for the record a letter from Linda Holland, President, Coalition of City Neighborhood Associations (CCNA) indicating the CCNA voted at its February 5, 2000, meeting to support the Parks, Recreation and Environmental Protection Advisory Board in recommendations for revision to the existing ordinance relative BOOK 47 Page 19162 02/22/00 6:00 P.M. BOOK 47 Page 19163 02/22/00 6:00 P.M. to newsracks, supports adding beige as an acceptable color and concurs with the PREPAB's recommended revisions as follows: : 1) any grouping of six or more singular newsracks should be placed with a modular newsrack, 2) all newsracks should be hurricane-safe, and 3) a distance of 300 to 500 feet is a more appropriate distance between modular newsracks and individual newsracks. Ms. Benz stated that establishing hurricane standards would discourage the free-standing newsracks and encourage publishers to participate in the modular system. Alison Steele, Esq. law firm of Rahdert, Anderson, McGowan & Steele, P.A. representing the Sarasota Herald Tribune and the St. Petersburg Times, 535 Central Avenue, St. Petersburg (33701) stated that the publishers have been actively working with the Parks, Recreation and Environmental Protection Advisory Board (PREPAB), Staff, and the City Attorney's Office to craft an ordinance suitable for all involved; that an important issue a municipality faces regarding a newsrack ordinance is the First Amendment; that US Constitutional protects distribution of materials by newsracks; that First Amendment protections include both paid and free publications; that requiring some publishers but not all to pay a deposit or use specific racks is a problem; that municipalities cannot discriminate among publications based on content or manner of distribution, either free or paid; that the proposed ordinance was crafted carefully to avoid dangerous Constitutional territory; that the recommended program has the support of the publishers, the merchants, and many members of the community and does not represent the limit of what the publishers are willing to do; that the publishers are working in a cooperative fashion and intend to continue with the community partnership as the publishers are also citizens of the community and desire being good neighbors; that the newsracks on the streets are major investments for the publishers; that the publishers do not want the newsracks blown away during hurricanes; that Pinellas County has a number of communities concerned about the same issue regarding hurricane preparedness and safety; that the St. Petersburg Times currently removes, and a number of publications in Sarasota are prepared to remove, newsracks upon issuance of an evacuation order; that the St. Petersburg Times can get the newsracks off the streets; that publishers in Sarasota can do the same; that the problem with the bolting requirements has been mentioned; that Staff of the St. Petersburg Times has experience in south Florida during Hurricane Andrew; that bolted-down modular newsracks will not withstand a hurricane capable of snapping concrete poles; that the proposed ordinance will cost the City nothing and has no budget implications; that litigation will not be involved; that the ordinances of many municipalities are challenged; that municipalities will incur legal fees but may also be required to pay the publishers' legal fees as the lawsuits involve civil rights; that a working partnership has been established; that the Commission is requested to approve the proposed ordinance to enable continued cooperative efforts. Vice Mayor Pillot asked the view of client publishes of the suggested color requirement for free-standing newsracks? Attorney Steele stated that, in general, the publishers believe the newsracks are the publishers' storefronts and identities; that requiring a uniform color removes the identities and marketing ability; that the publishers are presently opposed to a uniform color requirement for free-standing newsracks; that the ongoing community cooperation will generate different solutions right for different areas; that merchants interested in special applications may exist; that in other communities, publications have agreed to paint newsracks with certain designs and have created artistic designs; that publishers are willing to take certain actions voluntarily not requiring force from the City; that the City could be in the position of putting small publishers out of business and citizens out of jobs which is a major concern of the publishers as well as the community; that the larger publishers do not wish to see smaller brethren put out of business; that putting a First Amendment speaker out of business is dangerous, which is a reason a mandatory across-the-board sweeping gesture is opposed. Vice Mayor Pillot asked if the green color with black metal on the modulars is opposed? Attorney Steele stated that the publishers are all in favor of the color requirements in the proposed ordinance; that the publishers would communicate with the community and perhaps come back to the Commission if the colors are found objectionable to the community. Commissioner Quillin asked if any community is known which has banned free-standing newsracks and allowed only modular racks? Attorney Steele stated the only communities which tried and lost are known. Vice Mayor Pillot asked the jurisdiction of the unsuccessful bans? Attorney Steele stated that San Francisco, Atlanta, communities in the St. Petersburg corridor, and north Madeira Beach had some expensive difficulty in mandating only modular racks; that a certain factual foundation is required for a community to mandate only modular newsracks; that the decision cannot be arbitrary; that alternative means of distribution must be available to the publishers to avoid putting small publishers out of business. Commissioner Quillin stated that modular newsracks can hold a considerable number of publications. Attorney Steele stated that is correct. BOOK 47 Page 19164 02/22/00 6:00 P.M. BOOK 47 Page 19165 02/22/00 6:00 P.M. Commissioner Quillin asked if any publication can be placed in a modular newsrack and if the modular newsracks hold 20 publications, must another modular newsrack be installed to stay within First Amendment rights? Attorney Steele stated that is correct; that otherwise inappropriately discriminatory behavior would exist precluding the new speaker from entering the market. Commissioner Quillin stated that the proposed ordinance does not preclude anyone from being able to exercise First Amendment rights. Attorney Steele stated that is correct. Frank Shipman, representing the Sarasota Herald Tribune, 5010 76th Street East (34236), stated that the publishers in the City came together as a group and asked for a chance to resolve the issue; that a long distance has been traveled toward the goal; that a show of commitment has been demonstrated with the locations at Bird Key and Five Points; that the positive response received is tremendous; that removing the newsracks in the no-name storm was accomplished; that emergency removal of newsracks is feasible; that the Sarasota Herald-Tribune is engaging in a tremendous newsrack refurbishing effort; that all newsracks will be repainted white with the Sarasota Herald-Tribune logo; that identity is lost if unmarked newsracks are utilized; that the proposed ordinance as written is a fair compromise; that approval of the ordinance is respectfully requested. Thomas Maus, representing St: Armands Merchants Association, 40 South Boulevard of Presidents (34236) and property owner on St. Armands Circle, stated that personal participation occurred in the 18 months of meetings conducted by Staff and the walk-around with the news organizations; that the proliferation and lack of control of newsracks has been a problem on St. Armands Circle; that the newsrack situation got out of hand; however, the light at the end of the tunnel can be seen with the proposed ordinance regarding modular newsracks, which is a win-win situation for everyone; that the modular newsracks proposal is excellent; that specific colors are more an issue with the free-standing rather than with modular newsracks; that the news organizations were willing to compromise if a landlord was interested in a beige rather than a green modular newsrack; that the St. Armands Merchants Association supports the proposed ordinance. Paul Thorpe, Director of The Downtown Association of Sarasota. Inc. (Downtown Association. 1818 Main Street (34236), stated that the Downtown Association is pleased with the newsracks at Five Points; that the color contrast of the green rack against a beige wall is beautiful; that installing modular racks in problem areas such as Palm Avenue and Main Street is encouraged; that the free- standing newsracks such as the plastic newsracks placed by real estate companies and used by various periodicals are a concern; that the plastic newsracks are missiles which could fly through plate glass windows; that a requirement for a damage deposit for the free-standing newsracks should be required; that if a business has a file cabinet, the business is taxed for the file cabinet and other assets; that the newsrack is an asset; that a newspaper publisher placed newsracks around and in Selby Park during a recent event; that no doubt exists the newspaper publishers would remove newsracks if a hurricane is imminent; however, the cheap plastic newsracks become flying missiles during a storm, which is a concern; that the owners of the plastic newsracks should have some responsibility to work with the City and individuals attempting to implement the program; that the Five Points area appearance has been enhanced by the installation of the modular racks; that passing the proposed ordinance is encouraged. Nancy Cook, 444 North Washington Drive (34236), representing the group of commercial landowners, merchants, and residents of St. Armands Circle, stated that the group has been attempting to work out problems regarding newsracks over the last few years; that discussions with Staff regarding the newsrack issue began approximately three years ago; that developing a solution regarding newsracks was diligently pursued; that the free-standing newsracks are a detriment to the commercial environment at St. Armands Circle and the atmosphere and ambience of the entire area which is a dynamic part of the City; that adopting the proposed ordinance is encouraged; that the Sarasota Herald-Tribune has been cooperative in attempting to solve a problem without lawsuits; that Constitutional issues raise the fire of many individuals; that collegial compromises have been made; that the modular newsracks are a great improvement over the previous string of unsightly metal and plastic free-standing newsracks; that adopting the proposed ordinance is highly encouraged; that all ordinances are not perfect; however, support of the proposed ordinance is suggested as corrections can be made if necessary. Mayor Cardamone asked the manner in which selling homes from a box on the public right-of-way is protected by the First Amendment? Michael Cole, representing Homes Sarasota, 6677 Mandarin Road (34238), stated that Homes Sarasota is likened to the Sarasota Herald Tribune's real estate section; that Homes Sarasota is a specialty magazine targeting the real-estate market. Mayor Cardamone asked if the magazines are protected by the Constitution? Mr. Cole stated yes; that the majority of the plastic free- standing units contain 80 to 100 pounds of concrete in the bases; that Home Sarasota removed newsracks during the no-name storm. BOOK 47 Page 19166 02/22/00 6:00 P.M. BOOK 47 Page 19167 02/22/00 6:00 P.M. Mayor Cardamone asked if Homes Sarasota newsracks are similar to the yellow plastic newsracks downtown? Mr. Cole stated that Homes Sarasota newsracks are environmentally friendly as no rust occurs; that little maintenance is required. Mayor Cardamone stated that approximately 14 newsracks are scattered around her personal store and are unsightly. Mr. Cole stated that the modular newsracks will not be a cure-all but are a step in the right direction; that the program can be refined as necessary. Bryan Brown, representing The Real Estate Book, 11705 9th Street (34222), stated that the Real Estate Book's newsracks are yellow; that the so-called "cheap plastic boxes" are not cheap but cost approximately $100 each; that the plastic boxes are more expensive than the metal newsracks; that plastic boxes are easier to clean, require no painting, and withstand the Florida sun for many years; that the boxes are hollow; that two 50-pound bags of concrete are placed in the base of the boxes; that additional concrete may be placed in the boxes depending on the area of placement; that the Real Estate Book's boxes have been removed at great expense on two occasions of imminent storms; that millions of dollars have been expended placing boxes on the streets to function as a storefront; that the Real Estate Book box is recognized throughout the United States and Canada; that maintaining the appearance of the Real Estate Book box is important; that adopting the proposed ordinance is supported. Mayor Cardamone asked if participation in the modular newsrack program will occur? Mr. Brown stated yes. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4152 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4152 on first reading. Commissioner Mason referred to the December 16, 1999, memorandum from Kenneth McMillan, Chairman, Parks, Recreation and Environmental Protection Advisory Board (PREPAB) to V. Peter Schneider, Deputy City Manager, concerning suggested changes and asked for legal comment. Robert Fournier, Esquire, City Attorney's Office, came before the Commission and stated that the first suggestion concerns definition of the word "voluntary", and quoted the title of proposed Ordinance No. 99-4152 as follows: An ordinance to allow the placement of modular newsracks on public land; Attorney Fournier stated that the word "allow" must be distinguished from the word "require"; that the existing ordinance allows only free-standing newsracks; that currently the modulars newsracks at Five Points and Bird Key Park are unlawful under the City Code but were placed with the acquiescence of the Administration; that the publications are understandably reluctant to place any more modular newsracks until the legality is determined; that the word "voluntary" has a commonly understood meaning and providing a definition is not necessary as the proposed ordinance merely allows a publisher to use a modular newsrack instead of a free-standing newsrack which the publications are willing to do; that the word "voluntary" does not actually appear in the substantive regulations but is mentioned in the preamble, the Whereas clauses, and the Intent section; that defining the term is not necessary unless used in a more narrow sense than generally understood; that defining "voluntary" as a requirement was not intended; that "voluntary" simply means not obliged by the ordinance; that no formally written program exists indicating specific actions of the City and the publishers; that an informal agreement to work together exists; that the proposed ordinance was deliberately left flexible so other locations Citywide could be covered; that a written program is not necessary to provide the proposed program an opportunity to work; that remaining Elexible is the better approach. Mayor Cardamone asked if the term "voluntary" includes involvement of City Staff as part of a voluntary group to identify locations and placement? Attorney Fournier stated yes; that the publishers and the Administration will work together. Mayor Cardamone asked if the voluntary group and the publishers will work cooperatively if the City receives a complaint from a group of neighbors or businesspeople? Attorney Fournier stated that working cooperatively was the spirit in which the ordinance was drafted and is reflected in the Intent provision of the ordinance; that the definition previously suggested could be incorporated into the Intent section of the proposed ordinance if the Commission desires; that the modular newsracks are of uniform green color; that no objection is anticipated to allowing tan or beige if more flexibility is desired; that initially the ordinance was an outright ban on the free-standing newsracks in a limited area which caused many problems; that the proposed ordinance is to provide regulation BOOK 47 Page 19168 02/22/00 6:00 P.M. BOOK 47 Page 19169 02/22/00 6:00 P.M. applicable to modular newsracks and does not address the free- standing newsracks; that the color of the free-standing newsracks is a protected form of commercial speech under the First Amendment; that the problems related to First Amendment rights will exist if color regulation is attempted; that using the modular newracks will eliminate the various colors, shapes, and sizes; that free-standing newsracks do not require bolting down; that the proposed ordinance requires bolting the modular newsracks which must be designed and installed to withstand 110 mile-per-hour (mph) wind per the Southern Standard Building Code; that the proposed ordinance goes further than requiring that the City Manager or Engineer call and request removal in a weather emergency, by authorizing the Public Works Department to remove the newsracks and charge the publication for the removal, storage, and administrative expenses associated with the removal; that a legal problem exists as part of the legal test during review by the court if the ordinance were challenged; that an ordinance such as proposed must be narrowly drafted in order to achieve a compelling or substantial governmental objective; that the issue of hurricane safety is a compelling or substantial objective; that from the publishers' perspective, a local regulation may be going further than necessary to achieve the safety objective; that requiring free-standing newsracks be bolted to the sidewalk could be considered unreasonable if other means are available to accomplish safety objective, i.e., requiring removal; that requiring bolting down tree-standing newsracks is not recommended at the present time. Mayor Cardamone stated that learning the tree-standing newsracks contain 100-pound weights is comforting. Commissioner Quillin stated that not all free-standing newsracks are weighted; that requiring all free-standing newsracks be weighted should be investigated. City Attorney Taylor stated that other alternatives may be available. Commissioner Quillin stated that the newspaper industry wishes to refine the program as it progresses. Vice Mayor Pillot asked if the City has the right and means to collect the cost of the labor if a publisher does not pick up a newsrack as directed by the City? Attorney Fournier stated that the proposed ordinance provides for collection of all administrative expenses, storage costs, and the cost to collect. Attorney Fournier continued that the suggestion of increasing the 250-foot requirement would work reasonably well on St. Armands Circle and Downtown; however, the basis for the 250-foot requirement was the recommendation by the Sarasota Herald-Tribune on behalf of the newspaper industry; that the 250-foot distance requirement is unassailable as a provision in the ordinance since it was made by the industry itself; that the industry suggested the distance requirement; therefore, a challenge is not anticipated; that the ordinance only regulates newsracks placed on public property; however, the 250-foot separation requirement applies to modular newsracks on both public and private property. Vice Mayor Pillot asked if the City can hold newsracks until payment is received without stepping on First Amendment rights? Attorney Fournier stated that the proposed ordinance provides 30 days to reclaim the newsracks; that not releasing the newsracks until payment is received is suggested. Attorney Fournier continued that the goal of the proposed program was to have a permissive program avoiding mandatory requirements; therefore, the suggestion of requiring replacement of groups of six or more free-standing newsracks with a modular newsrack is not recommended; that a practical problem is which of the six publications will have the burden of providing a modular; that many administrative problems will exist with requiring replacement of six or more free-standing newsracks with a modular newsrack. Vice Mayor Pillot stated that a very informative discussion occurred weeks ago with Mr. Lillie; that the strongest possible ordinance permissible under Federal applicable law for the benefit of the beauty of the City is personally desired; and asked if the proposed ordinance is as strong as possible or can a more stringent ordinance be adopted without being overruled by the Supreme Court? Attorney Fournier stated that the proposed ordinance is moving in the right direction; that many situations nationwide and in Florida have been studied; that uniformly the most successful programs were programs such as the proposed ordinance provides; that San Francisco and Chicago have ordinances pending; that a preliminary injunction was entered against the City of Chicago which was ultimately settled outside of court with an agreement to initially 8 and subsequently 16 specified locations and establishment of a task force; that San Francisco had a similar situation as a contract was signed with the vendor; that an attempt was made to adopt a second ordinance after the first was abandoned following an injunction enjoining enforcement; that the second ordinance has been challenged; that the proposed ordinance is recommended for the present. Mayor Cardamone asked if a provision can be incorporated in the ordinance to review the ordinance in one year? BOOK 47 Page 19170 02/22/00 6:00 P.M. BOOK 47 Page 19171 02/22/00 6:00 P.M. Attorney Fournier stated that revisiting the ordinance in one year is a good suggestion; that the proposed ordinance is no more permanent than any other ordinance; that the newspaper industry has come forward and accomplished what the City desired; that the agreement of the newspaper industry with a more stringent ordinance was not expected; that the newspaper industry requested working with the City to develop a program and should be provided the opportunity to do so; that reviewing the program after one year is recommended. Mayor Cardamone stated that reviewing ordinances on a date certain, rather than after many years, is desired. Vice Mayor Pillot stated that allowing colors of green or tan is supported; however, many shades of green or tan may exist; and asked if a problem exists with the different shades? Attorney Fournier stated that the green color was presented as supplied by the manufacturer during initial discussions with the newspaper industry; that the green color will be consistent. Vice Mayor Pillot asked if a requirement as to the shade of green can be incorporated into the proposed ordinance? Attorney Fournier stated yes. Commissioner Quillin stated that the accepted colors in the industry are Pantone; that designating the name and number of the color will assure consistency; that the standard color should be green; however, an individual should be able to come to the City and request a different color; that incorporating flexibility in color is preferred. Mayor Cardamone stated that a provision could be incorporated indicating the modular newsracks will be green unless otherwise approved by the City Manager. On motion of Commissioner Hogle and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 99-4152 on first reading incorporating the language concerning the term "voluntary" presented by Staff and the stipulations regarding colors and managerial approval. Commissioner Hogle stated that two months ago, newsracks were discussed with Mr. Lillie who is the most educated person in the Chambers concerning newsracks with the exception of the attorneys; that support of the modular newsracks was indicated at a meeting with the St. Armands Residents Association; that no negative input was received at a meeting of the South Lido Residents Association; that the pilot project at Bird Key and Five Points has been extremely successful; and that the proposed ordinance should be supported. Vice Mayor Pillot stated that the proposed ordinance is supported; that the first review of the proposed ordinance is eagerly anticipated. Mayor Cardamone stated that inserting review language in the ordinance is not necessary. City Attorney Taylor stated that is correct. Mayor Cardamone stated that the ordinance will be reviewed in one year. Commissioner Quillin stated that a specific date for review is more comfortable. Commissioner Mason agreed. Commissioner Hogle as the maker of the motion, with the approval of Commissioner Quillin as the seconder, amended the motion to include a date certain for review of the ordinance. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 99-4152 on first reading incorporating the language concerning the term "voluntary" presented by Staff and the stipulations regarding colors and managerial approval and a date certain for review of the ordinance. Motion carried unanimously (5 to 0): Quillin, yes Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes;. The Commission recessed at 8:20 p.m. and reconvened at 8:40 p.m. Vice Mayor Pillot did not return to the Chambers due to illness. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4189, AMENDING CHAPTER 11, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, BUILDING CODES, SECTION 11-2, ADOPTION OF CODES AND LOCAL AMENDMENTS SUBSECTION (C) REGARDING THE STANDARD UNSAFE BUILDING ABATEMENT CODE, 1985 EDITION, AND THE CITY OF SARASOTA LOCAL AMENDMENTS; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV A-3) #2 (1889) through (2067) Mayor Cardamone stated that proposed Ordinance No. 00-4189 amends Chapter 11, Buildings and Building Regulations, Article II, Building Codes, Section 11-2, adoption of Codes and Local Amendments Subsection (C) regarding the Standard Unsafe Building Abatement Code, 1985 Edition, and the City of Sarasota Local Amendments. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that proposed BOOK 47 Page 19172 02/22/00 6:00 P.M. BOOK 47 Page 19173 02/22/00 6:00 P.M. Ordinance No. 00-4189 amends the Standard Unsafe Building Abatement Code to provide for the superiority of demolition liens against all real or personal property owned by the violator to all other liens except a lien for taxes and providing for an interest rate of 12 percent per annum from the date of filing. Commissioner Hogle asked if proposed Ordinance No. 00-4189 will assist the City in situations such as the home on West Way Drive? Mr. Litchet stated that a lien would attach to the home and any other property owned by the individual within the State if the City demolished the home. Commissioner Quillin asked for clarification of the interest rate allowed under State law. Mr. Litchet stated that the City Attorney's Office advises 12 percent per annum is allowed. City Attorney Taylor stated that is correct. Mayor Cardamone asked if a list is being developed of lots on which the City has liens? Mr. Litchet stated yes; that Staff will discuss the number of lots with liens, City-owned property, foreclosures initiated, and associated costs at the May 5, 2000, Commission workshop. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4189 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4189 on first reading. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4189 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes. 10. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4190, AMENDING CHAPTER 16, RECYCLING AND SOLID WASTE, ARTICLE III, ACCUMULATIONS OF JUNK, TRASH, RUBBISH, WEEDS AND VEGETATION, SECTION 16-53, PROCEDURE FOR CITY TO REMOVE ACCUMULATION OF JUNK, RUBBISH, TRASH, OR INOPERABLE OR UNLICENSED MOTOR VEHICLES OR TO CLEAR AWAY OVERGROWTH, VEGETATION; BY PROVIDING THAT THE ABATEMENT OF NUISANCE LIENS SHALL CONSTITUTE LIENS AGAINST ANY REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR AND SHALL BEAR INTEREST AT THE RATE OF TWELVE PERCENT (12 PERCENT) PER ANNUM FROM THE DATE OF ITS FILING; AMENDING SECTION- 16-54, PRIORITY OF LIENS BY PROVIDING THAT ABATEMENT OF NUISANCE LIENS SHALL BE SUPERIOR TO ALL OTHER LIENS, EXCEPT A LIEN FOR TAXES; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV A-4) #2 (2067) through (2165) Mayor Cardamone stated that proposed Ordinance No. 00-4190 amends Sections 16-53 and -54, Sarasota City Code (1986 as amended) (City Code), regarding abatement of nuisances. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 00-4190 amends Section 16-53, City Code, to provide abatement of nuisance liens will be assessed against all real or personal property owned by the violator and will bear interest at the rate of 12 percent per annum from the date of filing; that proposed Ordinance No. 00-4190 also amends Section 16-54, City Code, to provide that such abatement of nuisance liens are superior to all other liens except a lien for taxes. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4190 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4190 on first reading. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 99-4190 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): : Hogle, yesi Mason, yes; Quillin, yes Cardamone, yes. BOOK 47 Page 19174 02/22/00 6:00 P.M. BOOK 47 Page 19175 02/22/00 6:00 P.M. Mayor Cardamone requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during the quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi-judicial public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross examination. 11. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4199, AMENDING ORDINANCE NO. 99-4166 TO REFLECT THE APPROVAL AND SUBSTITUTION OF THE REVISED SITE PLAN SUBMITTED WITH APPLICATION 00-SP-10 FOR THE PREVIOUSLY APPROVED SITE PLAN SUBMITTED WITH APPLICATION 99-SP-0; SAID SITE PLANS PERTAINING TO THE EXPANSION AND RENOVATION OF THE RADISSON LIDO RESORT AT 700 BENJAMIN FRANKLIN DRIVE: ETC. (TITLE ONLY) (APPLICATION NOS. 00-RE-07 AND 00-SP-10, APPLICANT BRENDA L. PATTEN, ESO., AS AGENT FOR THE OWNER CALPAC, INC.) - PASSED ON FIRST READING (AGENDA ITEM IV B-1) #2 (2172) through (2712) City Attorney Taylor stated that Application No. 00-RE-07 and Site Plan Application No. 00-SP-10 as incorporated in proposed Ordinance No. 00-4199 is to modify previously approved Ordinance No. 99-4166 for expansion and renovation of the Radisson Lido Beach Resort (Radisson) located at 700 Benjamin Franklin Drive; that the Applicant is Brenda Patten, Esq. as agent for the owner, Calpac, Inc. City Attorney Taylor stated that no one has filed for certification as an Affected Person; that the recommendation is to allow the Applicant 5 minutes for presentation and 5 minutes for rebuttal; that the City will have 5 minutes for presentation and 5 minutes for rebuttal; that other interested persons will have 3 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the recommended speaker time limits; and requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Hogle stated that a meeting was attended with the South Lido Residents Association; that the Radisson project was discussed; that a rendering of the project was reviewed; that 39 of the 40 residents attending were in favor of the project; that the only complaint regarding the. project was from a resident of a nearby condominium as the trash dumpsters faced the resident's front door. Commissioner Mason stated that a discussion with Attorney Patten occurred. Mayor Cardamone and Commissioner Quillin stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Brenda Patten, Esq., of the law firm of Kirk Pinkerton, and Chris Brown, Manager of the Radisson, came before the Commission. Attorney Patten stated that on October 18, 1999, the Commission adopted Ordinance No. 99-4166 and Resolution No. 99R-1222 approving expansion of the Radisson Hotel; that the only change for consideration is the addition of one level to the parking structure. Attorney Patten distributed two architectural drawings of the east elevation indicating the original height approved in October 1999 and the height for which approval is being sought and stated that almost no discernible difference exists; that the added parking level will provide 32 additional parking spaces on-site which can also be utilized for parking for the banquet facility parties. Commissioner Quillin stated that adding one more parking level will increase the height of the building. Attorney Patten stated the height of the parking structure will be increased by 9 feet, 4 inches; however, surrounding properties are not impacted as the parking structure faces Benjamin Franklin Drive; that the hotel is to the west of the parking structure; that the hotel is taller behind the parking structure; therefore, no visible impact is created. Commissioner Quillin stated that visibly from one floor is being lost. Attorney Patten stated that the overall height of the hotel is not changed; that the portion of the building in the foreground of the drawing is the parking garage and the background is the hotel; that one level is being added to the Eoreground. Mayor Cardamone requested that Staff come forward for the City's presentation. BOOK 47 Page 19176 02/22/00 6:00 P.M. BOOK 47 Page 19177 02/22/00 6:00 P.M. Shelley Hamilton, Senior Planner II, Planning and Development Department, came before the Commission and stated that the Applicant gave an accurate description of the request; that the Radisson Hotel expansion was originally approved in October 1999; that the additional height of the parking structure is the only request; that as the site plan was profferd, revision of the original rezoning application is required; that at its January 5, 2000, meeting, the PBLP held a public hearing and found Rezoning Application No. 00-RE-07 and Site Plan Application No. 00-SP-10 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and voted unanimously to recommend Commission approval of proposed Ordinance No. 00-4199 subject to the following conditions: 1. Construction of a public beach access ramp approximately 125 feet long within the Cleveland Drive right-of-way from the end of the existing shell drive in the right- of-way to the beach, subject to State approval 2. Design, construction and perpetual maintenance of the proposed public beach access walk-over in the Cleveland Drive right-of-way with plans for the dune walk-over structure subject to review and approval by the City Engineer, the Deputy Director of Public Works, the Sarasota County Parks and Recreation Department, and the Florida Department of Environmental Protection (DEP) and completion and final inspection approvals prior to issuance of a Certification of Occupancy for the hotel addition 3. A maintenance agreement providing the Applicant shall have the responsibility of maintenance and repair of the beach access ramp in the City right-of-way 4. Site, development and construction plans in compliance with the plans dated November 19, 1999 and received by the Planning Department on November 22, 1999 subject to review for compliance with applicable codes and development approvals by the Director of Building, Zoning and Code Enforcement 5. Agreement that the "Sunset Garden Observation Deck" depicted on Sheet A-6 of plans dated July 23, 1999 submitted with Application No. 99-RE-09 shall not be used as an outdoor restaurant or an outdoor bar as defined in the Zoning Code (1998 Edition) 6. Improvement design to assure a minimum of seventeen (17) on-street parking spaces remain on Cleveland Drive aiter completion of the proposed addition to the hotel sO two additional public parking spaces are provided on Ben Franklin Drive Commissioner Quillin stated that the Radisson has also proffered providing one additional parking space on Cleveland Drive. Mr. Brown stated that is correct. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak; that neither the Applicant nor the City has any rebuttal. Commissioner Quillin stated that at the conclusion of the January 5, 2000, PBLP meeting, a concern was expressed regarding taking over public beach access for private purposes; that the Radisson is constructing a new access for the public beach; that the concern was personally surprising; that an additional conforming parking space will be provided; that the Radisson is designing a boardwalk for access to the public beach. Mr. Brown stated that is correct. Attorney Patten stated that Cleveland Drive is not an issue; that no changes have been made to Cleveland Drive or the parking along Cleveland Drive as a result of the current request; that 19 non- conforming parking spaces were displaced on Cleveland Drive; that 17 parking spaces have been added to the Cleveland Drive right- of-way; that 2 additional parking spaces have been created on Benjamin Franklin Drive by closing an old access to the hotel; therefore, all 19 non-conforming parking spaces in the Cleveland Drive right-of-way have been replaced; that the proposed beach access runs from the end of the repaved Cleveland Drive right-of- way to the beach and will be constructed and maintained by Radisson. Mayor Cardamone stated that hearing no further Commissioner supplemental remarks the public hearing is closed. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4199 by title only. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4199 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yesi Quillin, yesi Cardamone, yes; Hogle, yes. Mayor Cardamone stated that the Applicant is congratulated for a good job in solving the parking problem and increasing the ability to park. Mayor Cardamone recognized former Commissioner and Mayor Jerome Dupree present in the audience. BOOK 47 Page 19178 02/22/00 6:00 P.M. BOOK 47 Page 19179 02/22/00 6:00 P.M. 12. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4203, TO REZONE + .41 ACRES FROM THE OFFICE, PROFESSIONAL AND BUSINESS (OPB) ZONE DISTRICT TO THE COMMERCIAL, CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT TO ALLOW AN OFFICE BUILDING ON A PARCEL OF PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF RINGLING BOULEVARD AND SOUTH OSPREY AVENUE, A/K/A 209 SOUTH OSPREY AVENUE AND 1820 RINGLING BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN 00-SP-05 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 00-RE- 02 AND 00-RE-05, APPLICANT DAVID B. HOUGHTON, OF HOUGHTON TECHNICAL SERVICES, AS AGENT FOR THE OWNER H.P.D.D. INVESTMENTS OF SARASOTA, LLC, F/K/A BICKEL, LC) = PASSED ON FIRST READING (AGENDA ITEM IV B-2) #2 (2730) through #3 (0427) City Auditor and Clerk Robinson stated that Application No. 00-RE-02 and Site Plan Application No. 00-SP-05 as incorporated in proposed Ordinance No. 00-4203 is to rezone real property located at the southeast corner of Ringling Boulevard and South Osprey Avenue with street addresses of 209 South Osprey Avenue and 1820 Ringling Boulevard; that the applicant is David Houghton as agent for the owner, H.P.D.D. Investments of Sarasota, LLC, formerly known as Bickel, LC. City Attorney Taylor stated that no one has filed for certification as an Affected Person; that the recommendation is to allow the Applicant 10 minutes for presentation and 5 minutes for rebuttal; that the City will have 5 minutes for presentation and 3 minutes for rebuttal; that other interested persons will have 3 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the recommended speaker time limits; and requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Quillin stated a conversation with Rick Liberi regarding general information occurred; that if Mr. Liberi is still on the Board of Directors of the Laurel Park Neighborhood Association is unknown. Mayor Cardamone stated that a conversation with Rick Liberi may have occurred. Commissioners Hogle and Mason stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Joel Freedman, AICP, Vice President, Bishop and Associates, and Terry Osborn, AIA, Osborn Sharp Associates, Inc., came before the Commission. Mr. Freedman stated that David Johnston, Landscape Architect, David W. Johnston Associates, Inc. (DWJA), William Houghton, P.E., and Larry Hankin, law firm of Hankin, Persson, Davis and Darnell, are in the audience and available to answer any questions; that the property is the former site of the Bon Hi Motel (Bon Hi); that the property is in the southeast quadrant of the Ringling Boulevard and Osprey Avenue intersection; that the Bon Hi has been demolished and the site is currently vacant; that the site is approximately .41 acres in the Office, Professional and Business (OPB) Zone District; that the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, designates the property as the Central City Land Use Classification; that rezoning the property to the Commercial, Central Business District (C-CBD) Zone District to develop a two-story 6,920 square-foot office building with 21 parking spaces is requested; that all uses have been proffered away. except professional and office uses; that the proposed building will be occupied by the law firm; that Staff performed a good analysis; that no negative aspects were found during the analysis of land use; that two sets of review criteria exist: one relating to rezoning and the other to site plan approval; that the C-CBD Zone District is one of the implementing districts for the Central City Land Use Classification; that the Central City Land Use Classification is the only designation available allowing an office building as proposed; that the Commercial, Residential Transition (CRT) Zone District would require a front yard setback; that the site plan was developed in conjunction with Staff; that placing the building along the right- of-way to a create a building edge was suggested by Staff; that the property is not on the edge of the Central City Land Use Classification of the Future Land Use Map but rather near the perimeter of the Central City Land Use Classification; that a two- story apartment building directly to the south of the proposed project exists; that the proposed project is in scale with the apartment building; that the proposed use of the low-scale small office building is an ideal use for the property for a transition between the Central City Land Use Classification to the residential south on Osprey Avenue; and quoted from the Central City Characteristics Section of the Central City Land Use Classification as follows: New developments/redevelopments at the perimeter of this classification must be particularly sensitive to these adjacent neighborhoods in order to assure compatibility with them. In general the more intense of the use the more it needs a central location within this classification as opposed to being at the perimeter. BOOK 47 Page 19180 02/22/00 6:00 P.M. BOOK 47 Page 19181 02/22/00 6:00 P.M. Mr. Freedman stated that the project could be larger; that the low-scale, two-story building is a great transitional use; that the properties directly west and east of the property are developed with uses similar to the proposed project; that agreement is expressed with various comments made and analysis of the criteria contained in Section IV-1106 by Staff; that approving the rezoning request will bring the property into compliance with the City's Comprehensive Plan; that the present zoning of the property is not in compliance with the City's Comprehensive Plan; that the proposed project will be compatible with the adjacent neighborhoods by meeting or exceeding all the requirements of the Commercial, Central Business District (C-CBD) Zone District; that Staff's report was well prepared; that the open space of the proposed project is approximately 30 percent which far exceeds the requirements of the C-CBD Zone District; that the height of the building was indicated in a previous application as 36 feet; that the 36 feet is the height to the peak of the roof; that the manner in which the City measures building height will indicate the building height will be below 35 feet; therefore, technically no parking spaces are required; however, the law firm is proposing 21 spaces for 10 employees as well as clients; that parking far exceeds requirements; that Staff concluded the traffic as de minimis and therefore meets concurrency; that the entrance on Osprey Avenue is right-in only and on Ringling Boulevard will be right-in and right-out; that the proposed project does not negatively impact the neighborhood. Mr. Osborn referred to drawings on a display board and stated that emulating historic buildings is desired; that the building has large vertical windows; that the architecture is Italianesque Mediterranean; that large overhangs will be constructed; that the main body of the building is approximately 28 feet in height; the raised portion of the entry way is approximately 30 feet in height; that the average height of the building is under 35 feet. Mr. Freedman stated that the proposed project is consistent with the City's Comprehensive Plan; that the proposed project is an ideal transitional use; that the City and citizens are protective of Laurel Park, which is a great asset to the City; that harming Laurel Park is not desired; that the proposed project will be a good addition to Downtown. Mayor Cardamone requested that Staff come forward for the City's presentation. Shelley Hamilton, Senior Planner II, Planning and Development, came before the Commission and stated that the Applicants have given an accurate description of the proposed site plan and rezoning; that the existing OPB Zone District is considered a zoning enclave and not compatible with future uses envisioned by the Central City Land Use Classification; that remaining as an OPB Zone District is not precluded nor is rezoning required; however, the City's Comprehensive Plan discourages zoning enclaves beyond existing zone district boundaries; that the existing OPB Zone District causes a hardship with the required parking and the required building setback on the site plan; that the proposed project has been designed to provide a strong street edge along Osprey Avenue and to improve pedestrian access to the main building entrance; that the site design could not have been accomplished in the existing OPB Zone District due to the required 20-foot setback; that only the C-CDB and CRT Zone Districts among the implementing. districts for the Central City Land Use Classification allow professional business offices; that only the C-CDB Zone District encourages the strong street design as proposed by the Applicant and encouraged by Staff; that the Applicant has proffered a restriction of only professional business office use; that at its January 5, 2000, meeting, continued to January 19, 2000, meeting, the PBLP held public hearings and found Rezoning Application No. 00-RE-02 and Site Plan Application No. 00-SP-05 inconsistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, as a tie vote existed. Commissioner Quillin stated that the indication is the parking and setback requirements create a hardship; that the only reason a hardship exists is due to the size of the building; that parking requirements will be met if a smaller building is constructed; that the setback requirement could be appealed to the Board of Adjustment. Ms. Shelley stated that the ability to request a variance from the setback requirements is not known. Commissioner Quillin stated that the existence of hardship is not known. Ms. Shelley stated that the hardships were indicated by the Applicant. Commissioner Quillin stated that the property creates no hardship for the City. Ms. Shelley stated that Staff encourages the strong street edge, which cannot be provided with the setback requirement in the existing OPB Zone District. Commissioner Quillin stated that the Applicant can request a variance from the Board of Adjustment; that from the City's perspective, avenues to accommodate the proposed project are available. Mr. Freedman stated that constructing a raised building with parking underneath would meet the requirements of the OPB Zone BOOK 47 Page 19182 02/22/00 6:00 P.M. BOOK 47 Page 19183 02/22/00 6:00 P.M. District; that the Applicant relied on the City's Comprehensive Plan; that obtaining a variance on vacant property will be difficult; that the Board of Adjustment will indicate the building can be placed further back on the property as the Commission indicated; that the C-CBD Zone District is the best use of the property; that the building is a great transitional use. Mayor Cardamone stated that compatibility standards between commercial and residential are a concern; that an opportunity has personally been sought to discuss compatibility standards; that the proposed project meets the compatibility standards desired when defining compatibility; and asked if the proposed project meets compatibility standards? Mark Hess, Chief Planner, Planning and Development Department, came before the Commission and stated that the proposed project is an example of applying compatibility; that the policies of the City's Comprehensive Plan regarding neighborhood compatibility can be applied to the requested rezoning; that the Applicant has proffered out uses; that the site plan dramatically limits the height of the structure from the allowable height in the C-CBD Zone District in a spirit of compatibility; that the proposed project is compatible with the neighborhood. City Attorney Taylor stated that Staff found the proposed project compatible with the neighborhood. Mayor Cardamone stated that the street edge similar to the neighboring apartment building and the style of architecture proposed was the vision during development of compatibility standards. Commissioner Quillin stated that the entrance on Osprey Avenue is a concern. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that no detailed traffic study was performed as the traffic impact was determined de minimis; that both accesses were observed with concern; that initially providing only one access on Ringling Boulevard was considered; that the present access near Osprey Avenue is not desirable as left turns can be made into the property; that a right-in only on Osprey Avenue will be created; that access on Ringling Boulevard will be right-in and right-out only. Commissioner Quillin stated that the property is close to a traific light; that problems at the intersection are expected; that the area is a heavy pedestrian area. Mayor Cardamone stated that the Bon Hi existed for many years with heavy traffic; that the requested use is not as intensive as the motel use. Commissioner Quillin stated that the intersection at Ringling Boulevard and Osprey Avenue is strange. Mr. Daughters stated that the access off Osprey Avenue will be an improvement with the right-in only access. Mayor Cardamone stated that no interested persons have signed up to speak; requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4203 by title only. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to find Rezone Application No. 00-RE-02 and Site Plan Application No. 00-SP-05 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and the Tree Protection Ordinance, and find the Application satisfies the standard for review for a rezoning and site plan approval and to pass proposed Ordinance No. 00-4203 on first reading. Commissioner Quillin stated that the proposed project is very attractive and is compatible with surrounding properties; that a hardship for the Applicant does not exist; that the existing zoning of the property has parking requirements the applicants could not meet; that the C-CBD Zone District has no parking requirements for a 35-foot-high building; that proffering all uses except professional office is appreciated; that all the uses allowed in the C-CBD Zone District are not desired on the perimeters of residential neighborhoods; that approving the rezoning application prior to the Duany Plater-Zyberk & Company (DPZ) study is a concern; that the site plan should be included as part of the approval. City Attorney Taylor stated that site plan was proffered. Commissioner Quillin stated that the proposed project could be a blueprint for redevelopment; however, the C-CBD Zone District is a concern regarding the future as a ten-story building could be constructed on the site. Commissioner Hogle stated that the motion specifically mentions the site plan application; that the proposed project is consistent with the neighborhood; that access problems to the property are negligible. BOOK 47 Page 19184 02/22/00 6:00 P.M. BOOK 47 Page 19185 02/22/00 6:00 P.M. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0) : Quillin, yes; Cardamone, yesi. Hogle, yes; Mason, yes. 13. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #3 (0425) through (0425) There was no one signed up to speak. 14. UNFINISHED BUSINESS: DISCUSSION RE: NAMING A FACILITY AT LIDO BEACH OR SOUTH LIDO PARK AFTER JACK BETZ, WHO WAS A LIFELONG RESIDENT OF SARASOTA - REFERRED TO ADMINISTRATION (AGENDA ITEM VI-1) #3 (0425) through (0495) Mayor Cardamone stated that the request is to refer the naming of a facility at Lido Beach or South Lido Park in honor of Jack Betz, who is associated with work as a teacher and coach and student diver at Lido Beach. Commissioner Quillin stated that the pool at Lido Beach is not named for anyone. Mayor Cardamone stated that the Lido Beach pool is subject to damage from a storm. Commissioner Quillin stated that Mr. Betz was a Commissioner at the time the Lido Casino existed. Mayor Cardamone stated that Mr. Betz was very instrumental in establishing the marine park in Sarasota Bay and the County's purchase of property for South Lido Park; that naming a facility in his honor would be appropriate; that hearing the Commission's agreement, the request to name a facility in honor of Jack Betz is referred to the Administration to identify an appropriate location. 15. UNFINISHED BUSINESS: APPROVAL RE: AWARD OF CONTRACT AND AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF SARASOTA AND FREDERICK DERR & COMPANY, INC. (BID NO. 00-7H) IN THE AMOUNT OF $555,066.50, FOR THE SOUTHEAST TRAFFIC CALMING AND EAST AVENUE BEAUTIFICATION PROJECT - APPROVED AWARDING CONTRACT AND AUTHORIZING THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF SARASOTA AND FREDERICK DERR & COMPANY, INC. IN THE AMOUNT OF $555,066.50, FOR THE SOUTHEAST TRAFFIC CALMING AND EAST AVENUE BEAUTIFICATION PROJECT (AGENDA ITEM VI-2) #3 (0495) through (1260) William Hallisey, Director of Public Works, and Duane Mountain, Deputy Director of Public Works, came before the Commission. Mr. Hallisey stated that proposed Resolution No. O0R-1244 provides for funding the unbudgeted expense for the installation of 25 streetlights at the intersections on East Avenue, from Prospect Street to the south City limits; that the installation of the streetlights is part of the South East Traffic Calming and East Avenue beautification project; that bids were received until January 4, 2000; that the project was originally envisioned for traffic calming; that traffic calming projects have evolved beyond traditional speed tables, signs, etc., to a more holistic approach to consider other neighborhood requirements such as beautification, medians, street trees, etc.; that the neighborhood also requested incorporation of certain beautification enhancements in the project, particularly on East Avenue to create a buffer between the commercial uses on US 41 and the neighborhood; that Staff and Kimley-Horn and Associates, Inc., the consultant, developed a project with both traffic calming and beautification; that the project incorporates traditional speed tables, landscaping, an entryway into the neighborhood from East Avenue, streetlights, etc. Mr. Mountain displayed a map with the boundaries of the area on the overhead projector as follows: Bahia Vista Street to the north, US 41 to the west, the City limits to the south, and east to Tuttle Avenue; and stated that East Avenue was the area of most intense project work. Mr. Mountain displayed a sketch of a typical street section on the overhead projector; and stated that sidewalks, curbs and gutters will be constructed on East Avenue from approximately Prospect Street south to the City limits; that two types of trees will be installed, ornamental trees in areas with overhead power lines and shade trees in areas without overhead power lines; that two standard, ornamental-style streetlights will be installed at the intersections along East Avenue, which was a concept developed with the neighborhood; that the neighborhood agreed installing streetlights only at the intersections would be acceptable due to the cost; that the funds were distributed for improvements throughout the neighborhood. Mr. Hallisey stated that Staff's recommendation is to award the contract to Frederick Derr and Company, Inc.; that the contract amount is $555,066.50, of which approximately $200,000 is for utility upgrades including installation of a new water main and a reclaimed water main. BOOK 47 Page 19186 02/22/00 6:00 P.M. BOOK 47 Page 19187 02/22/00 6:00 P.M. Joe Moraca, 2163 Hibiscus Street (34239) and Sharon Jones, 2183 Hibiscus Street (34239), came before the Commission. Ms. Jones stated that the neighborhood residents who participated well with Staff for approximately for three years to facilitate the traffic calming project are frustrated; that East Avenue has considerable commercial traffic and is treated as a service entrance; that the project has been continually delayed; that the residents are frustrated with the delays; that commencing the project is desired. Mr. Moraca continued that the delay has been frustrating; that part of the delay was the lawsuit against the City concerning the speed humps; that another issue involved the location of one speed table which was raised aiter all the neighborhood planning and consensus building had occurred; that the Gillespie Park and Park East neighborhoods are currently going through the process of considering neighborhood planning and traffic abatement and will take great pride in the projects developed; that both neighborhoods will like a comfort level their projects will proceed as the plans have been developed; that a process should be developed to handle dissention after the plans have been developed and approved. City Manager Sollenberger stated that the traffic calming project was considered after a public hearing; that in the future, individuals will be informed any approved projects were the subject of a public hearing and the issue resolved by the Commission; that individuals with concerns would have had an opportunity to address the Commission at the public hearing; that future projects should not be delayed. Mayor Cardamone asked if the project for South Sarasota which was also delayed by the speed hump lawsuit has been completed? Mr. Daughters stated that the project is 90 percent complete and will be completed very soon. Mayor Cardamone asked for clarification of the term "very soon. Mr. Daughters stated that the project will be completed within seven to. ten days. Commissioner Mason stated that similar frustrations have been expressed by residents in various neighborhoods; that specific timelines for projects should be developed. Mayor Cardamone stated that every project should have a timeline; that residents should be advised if a delay occurs for machinery failure or other unexpected delay; that an expectation is projects will be finished in a timely fashion. Commissioner Quillin stated that timelines are established; however, the residents are not advised of delays and the reason; that some residents in other neighborhoods have expressed an interest in enhanced streetlighting and may be willing to participate in a special taxing district. Mayor Cardamone stated that good communication is required. Commissioner Quillin stated that better communication is required; that information concerning the timeline of the Southeast Traffic Calming and East Beautification project would be appreciated. Mr. Moraca stated that the South Sarasota neighborhood was a trail blazer; that the Southeast Sarasota neighborhood was the first to conduct a comprehensive review of the neighborhood; that some delay is understood; that the process has been wonderful, although slow and frustrating at times; that the project is important and will be a major benefit to the City; that the Commission is encouraged to continue with other similar projects; that the Commission has discussed the development of a strategic plan, the most important aspect of which is prioritization of projects; that the Commission is urged to proceed with a strategic plan. Mayor Cardamone stated that the advice is good. Commissioner Mason stated that the Neighborhood Development Department should assist in maintaining a flow of communication between the Public Works Department and the neighborhoods. Mayor Cardamone stated that one individual should be appointed to relay information for each project. Commissioner Hogle stated that the hard work of Mr. Moraca and Ms. Jones are appreciated; that the Commission will hold a Community Forum at 6:00 p.m. on March 7, 2000; that Staff is developing a list of priorities regarding neighborhood improvements for presentation at the Community Forum. Ms. Jones stated that the Commission is requested to approve the project. Mr. Hallisey stated that finalization of a contract for the improvements will require three to four weeks; that the contract is sent to the contractor who has ten days to execute the contract; that a Notice to Proceed will be issued once the contract is signed; that the contract is for 180 days. Commissioner Quillin stated that construction activity will commence within 60 days. Mr. Hallisey stated that is correct. BOOK 47 Page 19188 02/22/00 6:00 P.M. BOOK 47 Page 19189 02/22/00 6:00 P.M. Mayor Cardamone quoted from February 14, 2000, memorandum from Mr. Hallisey to City Manager Sollenberger included in the Agenda materials as follows: The traffic circle originally for installation at the intersection of School East Avenues has been temporarily postponed due to the construction of a County stormwater project in the area Mayor Cardamone that the traffic circle is one of the most significant items being installed on East Avenue; and quoted further from the February 14, 2000, memorandum as follows: The City will enter into a joint project agreement with the County and coordinate the construction of the traffic circle during the construction of the stormwater project. The County plans to begin their project within the year and is estimated to take six months to complete.. Mayor Cardamone stated that a major portion of the proposed stormwater project will not be addressed for 18 months; and asked if the County could be requested to begin construction of the traffic circle area first? Mr. Hallisey stated that the County will be contacted; that the County has a process similar to the City's; that the position of the County in the process is not known. Mayor Cardamone asked if a stormwater pipe could be installed under the traffic circle, the traffic circle built, and the pipe later connected to the stormwater system? Mr. Hallisey stated that the County will require the traffic circle area for truck traffic during construction which would damage an installed pipe; that Staff will work with the County; that the County has been very cooperative; that an effort will be made to accelerate the schedule of installation of the traffic circle. Mayor Cardamone stated that another route for truck traffic could be found. Commissioner Quillin asked if the Southeast residents are aware of the reason for the delay in installing the traffic circle? Mr. Hallisey stated yes; the neighbors are pleased with the City and County coordination but frustrated with the time delay. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to award a formal contract to Frederick Derr and Company, Inc., for completion of work specified in the amount of $555,066.50 and to authorize the Mayor and City Auditor and Clerk to execute the contract. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 16. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. O0R-1244, APPROPRIATING $100,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GAS TAX FUND AND $22,299.40 FROM THE UNAPPROPRIATED FUND BALANCE OF THE OLD PENNY SALES TAX FUND TO PROVIDE FUNDING FOR STREET LIGHTS FOR THE SOUTHEAST TRAFFIC CALMING AND FOR THE EAST AVENUE BEAUTIFICATION PROJECT; ETC.- ADOPTED (AGENDA ITEM VI-3) #3 (1260) through (1370) Mayor Cardamone stated that proposed Resolution No. O0R-1244 is to appropriate $100,000 from the unappropriated fund balance of the Gas Tax fund and $22,299.40 from the previous Local Option Sales Tax (L.O.S.T.) fund, also called the penny sales tax, for streetlights for the Southeast Traffic Calming and East Avenue Beautification Project. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. O0R-1244. Mayor Cardamone asked if all the streetlights will be installed on East Avenue? Duane Mountain, Deputy Director of Public Works, came before the Commission and stated yes. City Auditor and Clerk Robinson read proposed Resolution No. OOR- 1244 in its entirety. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to adopt proposed Resolution No. O0R-1244. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes. 17. NEW BUSINESS: REQUEST RE: DONATION OF CITY-OWNED LOT LOCATED AT THE SOUTHEAST CORNER OF DR. MARTIN LUTHER KING, JR. WAY AND COCOANUT AVENUE FOR MADDADS - REMOVED PER THE REQUEST OF VICE MAYOR PILLOT (AGENDA ITEM VII-1) #3 (1370) through (1380) Mayor Cardamone stated that Agenda Item VII-1 was placed on the Agenda at the request of Vice Mayor Pillot; that unfortunately due to illness, Vice Mayor Pillot left the Chambers and requested Agenda Item VII-1 be removed and placed on the March 6, 2000, Agenda for discussion. BOOK 47 Page 19190 02/22/00 6:00 P.M. BOOK 47 Page 19191 02/22/00 6:00 P.M. 18. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. O0R- 1251, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $5,000,000 FROM THE FIRST FLORIDA GOVERNMENTAL FINANCING COMMISSION; APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS RELATING TO PUBLIC FACILITIES; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FIRST FLORIDA GOVERNMENTAL FINANCING COMMISSION; ETC. ADOPTED; ADMINISTRATION WILL REPORT CONCERNING THE POSSIBILITY OF USING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (AGENDA ITEM VII-2) #3 (1380) through (2215) Gibson Mitchell, Director of Finance, came before the Commission and stated that the Commission during its July 1999 budget workshops granted approval. to pursue the purchase of the Federal Building and approved the concept of financing the purchase and renovation of the building then estimated at approximately $3.2 million through a loan with the First Florida Governmental Financing Commission (FFGFC) i that proposed Resolution No. O0R-1251 authorizes a loan not to exceed $5 million from FFGFC to acquire and renovate the Federal Building; that FFGFC will issue a bond; that the recommendation is to proceed with obtaining loan approval as FFGFC is the least expensive form of borrowing available to the City. City Manager Sollenberger stated that for background, the City of Ft. Myers was able to obtain the Ft. Myers Federal Building under an old Federal statute for one half the appraised value of the land only, not including any value assigned to the building; that the concept was attractive; however, the City of Ft. Myers had extenuating circumstances; that Ft. Myers has two Federal Buildings; that the City of Ft. Myers contributed $1 million towards the acquisition of land for one of the two buildings; therefore, the GSA supported the acquisition of the Federal Building under the Federal statute; that the Senate subcommittee reviewing the proposed acquisition was concerned; that the approval process required considerable time; that the City of Sarasota will probably not qualify for similar treatment under the Federal statute. Mr. Mitchell stated that the GSA has prepared a cost estimate of acquiring and renovating the building as follows: Acquisition $1,500,000 Closing costs 75,000 Renovation 1,760,000 Network/phone cables 150,000 Office furniture 220,000 Architectural fee 200,000 Moving costs 19,000 Contingency 176,000 Total $4,100,000 Mr. Mitchell continued that at current financing rates, a bond issue of $4.66 million; that the preliminary closing date for the FFGFC bonds will be May 25, 2000. City Manager Sollenberger stated that the issue of acquiring the Federal Building will be on the Agenda of the March 20, 2000, Regular Commission meeting; that approval of a tender of an offer to the Federal government to acquire the property will be requested; that if accepted, closing would be 90 to 120 days later; that the closing date for the FFGFC bonds coincides with the time table for closing on the property if an agreement is reached. Mayor Cardamone asked if the Federal Building is still occupied? City Manager Sollenberger stated yes. Mr. Mitchell stated that the debt service on the bonds would be approximately $460,000 for 15 years; that all non ad valorem revenues would be pledged to the debt; however, the Commission should consider the source of the funds; that the budget for fiscal year 2000/01 is not yet ready for presentation; that the Commission should consider the possibility of a requirement to raise taxes; that $460,000 represents .1486 mills; that the source of funds is limited. Mayor Cardamone asked if Tax Increment Financing (TIF) funds can be utilized? City Manager Sollenberger stated that inquiries were made of legal counsel; that the indication is TIF funds cannot be used for the purchase of municipal buildings unless the Sarasota Board of County Commissioners (BCC) agrees; that the City Commission cannot unilaterally make the decision to use TIF funds. Mr. Mitchell stated that TIF is the source of funding for the proposed Palm Avenue project; that the TIF district has limited funds as well. Commissioner Quillin asked if the use of the building has been considered. City Manager Sollenberger stated that a specific plan has not yet been developed; that a space study of City Hall and the Federal Building will be required; that meeting space is necessary; that relocating the Sarasota Bay National Estuary Program (SBNEP) will be proposed resulting in rental income; that the possibility of BOOK 47 Page 19192 02/22/00 6:00 P.M. BOOK 47 Page 19193 02/22/00 6:00 P.M. relocating the Department of Housing and Community Development is being considered; that the financial remuneration to the City must be considered; that additional space is necessary for meeting rooms and additional Staff in which the Commission has indicated an interest. Commissioner Quillin stated that Sarasota County was also considering acquisition of the Federal Building; that a joint venture could be considered to save the building; that Sarasota County may have additional space requirements; that a question is the source of $4.1 million; that the Federal Building, which is a City landmark, should be saved; that $4.1 million could be invested in numerous other projects. Mayor Cardamone stated that no consideration has been given to any potential grants which may be received. Mr. Mitchell stated that is correct. Commissioner Hogle stated that the City should make an effort to obtain the Federal Building; that entering a partnership with the County would be a mistake based on the future space needs of the City; that a concerted effort will be required to obtain the funds; that City government can do better than the current City Hall; that the citizens deserve and demand more in terms of the quality of the building; that the community will give full support to acquiring the Federal Building. Mayor Cardamone stated that keeping the Federal Building in public hands will receive community support; that any City department outside of City Hall should be relocated; that some scaling back of the proposed renovations may be possible; that the Federal Building is currently usable but may not have the desired quality or standards; that a state-of-che-art renovation may not be possible. City Manager Sollenberger stated that the City will be required to meet the standards of the Federal Secretary of the Interior and the State Historic Preservation Officer (SHIPO) for any renovation; that State funding will be sought. Mayor Cardamone asked the effect on the bond if State grants are obtained? Mr. Mitchell stated that bond counsel suggested incorporating an early call to redeem some bonds early; however, a higher interest rate would be paid to the bond holders based on the ability to call $1 million early. Mayor Cardamone stated that the bonds could be refinanced. Mr. Mitchell stated that the bond issue could be refinanced; however, a cost would be involved; that including the early call provision with the resulting higher cost, in the absence of having a definite grant was not felt in the City's best interest; that the City has many uses for funds; that any additional funds could be put to beneficial use. Commissioner Quillin asked if the funds from the bond issue could be used for other purposes? Mr. Mitchell stated yes, as proposed Resolution No. O0R-1251 is written. Mayor Cardamone asked for clarification of the increase in the millage. Mr. Mitchell stated that no revenue source has been identified to fund the purchase; that the Commission can determine not to borrow the funds prior to finalization of the purchase; that the cost will be higher in the future if the City makes an effort to borrow the funds from FFGFC; that the Administration has reached an agreement in concept with the GSA; that the Commission indicated an interest in the Administration's obtaining the Federal Building; that the presented bonding mechanism represents an opportunity to obtain the funds at the least cost to the City. City Auditor and Clerk Robinson read proposed Resolution No. O0R-1251 by title only. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to adopt proposed Resolution No. O0R-1251. Mayor Cardamone asked if Community Development Block Grant (CDBG) funds are available to fund the purchase? City Manager Sollenberger stated that a response will be provided to the Commission; that the feasibility of undertaking a project involving the concrete yards north of Tenth Street is being investigated; that an appropriation may be possible; that the suggestion was to leverage with CDBG funds. Motion carried unanimously (4 to 0): Hogle, yesi Mason, yes; Quillin, yes; Cardamone, yes. 19. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #3 (2215) There were no Commission Board or Committee reports. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION WILL OBTAIN DATES OF WORKSHOPS OF BOOK 47 Page 19194 02/22/00 6:00 P.M. BOOK 47 Page 19195 02/22/00 6:00 P.M. THE SARASOTA BOARD OF COUNTY COMMISSIONERS CONCERNING THE URBAN LAND INSTITUTE STUDY (AGENDA ITEM X) #3 (2215) through (2810) COMMISSIONER MASON: : A. stated that the packet for the February 16, 2000, meeting of the Sarasota Housing Authority (SHA) Board is available for Commission review; that the minutes from the SHA retreat are included and will be placed on the Commission Clipboard. B. stated that personal observations at the groundbreaking ceremony for the Ritz-Carlton Hotel project were disturbing; that not recognizing the City's current and past elected officials who were present was an insult; that not having the Mayor part of the actual turning of the dirt was also an insult; that Mayor Cardamone and County Commissioner Nora Patterson were part of the City Commission which approved the project and gave significant support to the project. Mayor Cardamone stated that the situation was difficult; that bringing the concern forward is appreciated; that a request was received to make opening remarks; however, upon arrival, the indication was the opening remarks were not necessary; that brief remarks were made; that introduction of City and County officials present was not part of the program; that the groundbreaking was not as is normal and customary for a major building in the City; that City government spent five years considering the project which involved the John Ringling Towers (Towers); ; that the project was supported despite conflict; that considerable effort was expended in an attempt to save the Towers and obtain the Ritz- Carlton Hotel project; that the efforts were apparently not considered in the groundbreaking preparations; that many people were upset; that the groundbreaking became a real estate marketing exercise; that an effort was made not to have the planned ceremony at the reception; however, the planned ceremony did proceed; that the key of the City was presented to Robert Buford, owner of the property, and an honorary citizenship and a bouquet of flowers were presented to Mr. Buford's wife, who had never been to the City previously; that having Mrs. Buford in attendance was very exciting; that the Ritz-Carlton Hotel project is a wonderful opportunity for the City; that the honor of turning the dirt did not go to City government. Commissioner Hogle stated that the activities at the groundbreaking were astonishing and appeared as a celebration of selling 48 units on the top floor of the Ritz-Carlton Hotel rather than a groundbreaking ceremonyi that the reception was not attended by choice. Mayor Cardamone stated that protocol is understood; that ceremony and the normal role of the Commission in ceremonies are enjoyed; that City government was not acknowledged which is unfortunate. COMMISSIONER QUILLIN: A. stated that better public relations are necessary; that the City is sometimes at the mercy of the media; that the City should disseminate important information to the community; that the City is involved in some good projects; that for example, photographs of the project in the South East Neighborhood should be displayed at the Community Forum; that the various projects should be promoted; that drawings of the reuse lines should be displayed; that the wellfield assures the City of an adequate water supply and is a tremendous asset. Mayor Cardamone agreed; and stated that better dissemination of information has been advocated for years. City Auditor and Clerk Robinson stated that dissemination of information will be a prime use of Channel 52, Access Sarasota. Mayor Cardamone stated that Channel 52 will be of helpi that receiving letters and telephone calls indicating the City's legal position regarding the Ringling Causeway Bridge has delayed the design and engineering is upsetting; that a letter is being prepared concerning the events which have occurred regarding the Ringling Causeway Bridge; that design work began immediately following the charette concerning the bridge; that the City has not slowed the process; that the Florida Department of Transportation (FDOT) is preparing to go before the U.S. Coast Guard (Coast Guard) and the environmental permitting agencies in August 2000; that the Coast Guard may determine the bridge is not high enough sO redesign and re-engineering will be required, resulting in extending the process an additional two years; that the Commission's position has not slowed the process. Commissioner Quillin stated that the requirements of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, should be considered. Mayor Cardamone agreed; and stated that a decision has not yet been made as to completing the letter and making the letter public; that the Commission's actions had no impact on the progress of the bridge. Commissioner Quillin stated that hearing the interest of the Commission in disseminating information is pleasing; that all BOOK 47 Page 19196 02/22/00 6:00 P.M. BOOK 47 Page 19197 02/22/00 6:00 P.M. information, good and bad, should be made available; that the City will follow up on all important issues. MAYOR CARDAMONE: A. stated that a Commission brainstorming session with the Planning Board/Local Planning Agency (PBLP) is scheduled at 7:30 a.m. on February 24, 2000. Commissioner Hogle stated that a meeting with Drug Free Communities is scheduled; therefore, he will not be in attendance. Commissioner Quillin stated that the same meeting is being attended; that the prior agreement was any Commission meeting requires the attendance of more than one Commissioner. Mayor Cardamone stated that the meeting could be cancelled; however, the PBLP is enthusiastic about the meeting. Commissioner Mason stated she will be in attendance. B. stated that the Sarasota Board of County Commissioners (BCC) received dates for workshop discussions related to the Urban Land Institute (ULI) Study; that public input is not available at workshop meetings; that a City Commissioner and Staff should attend the workshops to hear the discussion; and requested that the Administration obtain the dates of the workshops. City Manager Sollenberger stated that the dates of the workshops will be obtained. C. stated that Bayfront Park is receiving considerable use on weekends, which is wonderful; however, not enough garbage cans are available; that garbage cans are not being emptied frequently enough; that more attention is necessary during good weather weekends. Commissioner Quillin stated that Public Works Staff did an excellent job during a recent art show Downtown; that garbage cans were emptied regularly. Mayor Cardamone stated that the art show was wonderful. D. stated that the groundbreaking for WWSB-TV Channel 40 is scheduled for 10 a.m. on March 15, 2000. 21. OTHER MATTERS/ADMINISTRATIVE OFFICERS = SCHEDULED A SPECIAL COMMISSION MEETING FOR 7 P.M. ON MARCH 13, 2000, FOR THE CONDOMINIUMS OF THE RITZ - CARLTON HOTEL PROJECT (AGENDA ITEM XI) #3 (2810) through (3105) CITY MANAGER SOLLENBERGER: A. stated that an Annual Report is being prepared for mail distribution to the public in March 2000; that methods of communicating with the public should be discussed during the Commission's goal-setting workshop; that the City has more resources than previously; that Channel 52 is available; that the Office of the City Auditor and Clerk will be upgrading the City's Web site; that the City has a Public Information Officer and recently hired a Neighborhood Communications Specialist; that the resources are now available and must be managed and focused to achieve the desired objectives. B. referred to the section in the February 16, 2000, Commission Information Memorandum concerning the Glauser property; and stated that in July 1999, the Commission requested the Administration report regarding a possible purchase; that the owner has decided to take the property off the market and will make a substantial investment to upgrade the building, grounds, and parking; that the property will be leased for office purposes; that an attractive feature as an entrance to the Laurel Park neighborhood is anticipated; and asked if additional information is necessary? Mayor Cardamone stated that losing the possibility of purchasing the property is disappointing; that no further information is necessary. V. PETER SCHNEIDER: : A. stated that the Welcome, Cincinnati Reds, Rally is scheduled for 11:30 a.m. to 1:00 p.m. on February 25, 2000, at Five Points; that the Commission will be introduced; that the public is invited and encouraged to attend; that the music begins at 11:30 a.m.; that the players will arrive at approximately 12 noon; that the program will last approximately one half hour. CITY AUDITOR AND CLERK ROBINSON: A. stated that a Special Commission meeting concerning the condominiums of the Ritz-Carlton Hotel project must be scheduled; that 7 p.m. on March 13, 2000, following the goals-setting workshop is suggested. BOOK 47 Page 19198 02/22/00 6:00 P.M. BOOK 47 Page 19199 02/22/00 6:00 P.M. Mayor Cardamone stated that hearing the Commission's agreement, the Special Commission meeting will be scheduled for 7 p.m. on March 13, 2000. 22. ADJOURN (AGENDA ITEM XII) #3 (3105) There being no further business, Mayor Cardamone adjourned the Regular meeting of February 22, 2000, at 10:36 p.m. Onucclne MOLLIE C. CARDAMONE, MAYOR SOTA - S IEE Aelnson BILLY EC ROBINSON, CITY AUDITOR AND CLERK a