BOOK 46 Page 18679 09/20/99 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 20, 1999, AT 6:00 P.M. PRESENT: Mayor Mollie C. Cardamone, Vice Mayor Gene M. Pillot, Commissioners Albert F. Hogle, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Cardamone The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. The City Commission recessed at 6:02 p.m. into a Special meeting as the Community Redevelopment Agency (CRA) and reconvened at 6:11 p.m. 1. CONSENT AGENDA NO. 1: ITEM NOS. 1, 3, 4, AND 5 - APPROVED: ITEM NO. 2 - APPROVED WITH A PROVISION CONCERNING THE USE OF A WINE COOLER MACHINE TO BE INCORPORATED: ADMINISTRATION TO RETURN WITH A REPORT CONCERNING COMMISSION INITIATION OF AN AMENDMENT TO THE SARASOTA CITY CODE TO ALLOW VENDING IN THE PARK (AGENDA ITEM NO. III-A) #1( (0020) through (0370) Commission Quillin requested that Item No. 2 be removed for discussion. 1. Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the Loan Agreement between the City of Sarasota and the Community Redevelopment Agency in the amount of $239,668.59, to pay for legal fees in connection with the purchase of the Palm Avenue property between Cocoanut Avenue and Main Street on August 26, 1999. 3. Approval Re: Temporary Parking Agreement between the City of Sarasota and Marina Towers of Sarasota, Inc. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Agreement between the City of Sarasota and Tom Cross, Inc., for the design and layout of the State of the Bay Report in the amount of $20,000. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Contract between the City of Sarasota and Vanasse Hangen Brustlin, Inc., Palmetto, Florida (RFP #99-62H) for Habitat Assessment Consulting Services for the Sarasota Bay National Estuary Program. On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 3, 4, and 5. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Lease and Concession Agreement between the City of Sarasota and O'Leary Coastal Rentals, Inc, for the second five-year lease renewal. Commissioner Quillin stated that O'Leary Coastal Rentals, Inc. (O'Leary's), has requested to use wine cooler machines; however, the Lease and Concession Agreement is specific in allowing the use of only paper or plastic containers and not bottles or glass containers; that from a practical perspective, wine coolers come in bottles which can be recycled, cutting back on wasteful material; that additionally, O'Leary's has requested the opportunity to employ wait staff on the deck; that the addition of the Children's Fountain at Bayfront Park has resulted in an increase in the number of families frequenting O'Leary's, which is seeking the ability to control activity on the premises by employing wait staff; that O'Leary's has indicated difficulty in assisting the handicapped without wait staff; that employing wait staff should not be a problem; that the Administration has been requested to review the use of wine coolers and wait staff to determine if a modification to the lease is desirable; that consideration of modification of the Lease and Concession Agreement is requested. Mayor Cardamone referred to the March 5, 1999, letter from V. Peter Schneider, Deputy City Manager, to Robert Turffs, Esquire, representing William and Lillian O'Leary, indicating Marina Jack should be contacted concerning the proposed changes; and asked if a response was received. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Administration does not object to the use of wine coolers, which is consistent with the intent of the Lease and Concession Agreement and could be incorporated if desired; that the O'Leary's have not yet contacted Marina Jack but indicated an intent to do so; that some legal clarification concerning the use of wait staff may be beneficial. City Attorney Taylor stated that the prohibition against wait service was the result of considerable negotiation during the first renewal of the Lease and Concession Agreement; that the City had encountered numerous problems keeping tenants at the BOOK 46 Page 18680 09/20/99 6:00 P.M. BOOK 46 Page 18681 09/20/99 6:00 P.M. level of a snack bar facility, which would be difficult if wait service were allowed; that tenants may wish to use china rather than paper plates if wait service is provided; that considerable effort was devoted to developing restrictions on tenants; that O'Leary's is primarily a water sports facility with food service being secondary; that the lease with Marina Jack includes a no- compete clause, i.e. the commercial activities at Bayfront Park will not be competitive with Marina Jack; that Marina Jack is the beneficiary of the clause; that the Administration could accept the proposed revision if Marina Jack agrees. Commissioner Quillin stated that Marina Jack and O'Leary's are not comparable; that the service could be a concierge service to assist the public; that control of the premises is the concern; that china is not appropriate for the location and should not be allowed; that developing an accommodation is appropriate. Mayor Cardamone stated that the lease and the commitment with Marina Jack should not be jeopardized; that the Lease and Concession Agreement with O'Leary's can be amended if Marina Jack and the O'Leary's agree; that the use of wine coolers can be supported; that some time ago the Commission requested O'Leary's have the ability to serve light food, ice cream and drinks at the Children's Fountain; and asked the status. Mr. Schneider stated that an amendment to the Sarasota City Code is required to allow vending in the park; that the O'Leary's have been so advised but has not brought forward a request; that the O'Leary's would have to initiate the request unless the City chooses to do sO. Mayor Cardamone stated that the impression was the Commission would initiate the request. Mr. Schneider stated that the option was discussed; however, a conclusive decision is not recalled. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to approve the Lease and Concession Agreement and to rewrite the provisions concerning the use of a wine cooler machine. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yesi Quillin, yesi Cardamone, yes. City Manager Sollenberger stated that Staff will proceed to initiate an amendment to the Sarasota City Code to allow cart vending if Commission consensus exists. Mayor Cardamone stated that the implications of the Commission initiating an amendment should be known. City Manager Sollenberger stated that a report will be returned to the Commission. 2. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 99R-1215) - ADOPTED; ITEM 2 (RESOLUTION NO. 99R-1217) = ADOPTED; ITEM 3 (RESOLUTION NO. 99R-1218) - ADOPTED; ITEM 4 (RESOLUTION NO. 99R-1220) ADOPTED; ITEM 5 (RESOLUTION NO. 99R-1221) ADOPTED; ITEM 6 (RESOLUTION NO. 99R-1223) - ADOPTED; ITEM 7 (RESOLUTION NO. 99R-1224) = ADOPTED; ITEM 8 (RESOLUTION NO. 99R-1125) ADOPTED; ITEM 9 (ORDINANCE NO. 99-4145) ADOPTED; ITEM 10 (ORDINANCE NO. 99-4158) - ADOPTED; ITEM 11 (ORDINANCE NO. 99-4159) - ADOPTED; ITEM 12 (ORDINANCE NO - 99-4164) ADOPTED; ITEM 13 (RESOLUTION NO. 99R-1212) ADOPTED (AGENDA ITEM III-B) #1 (0370) through (0970) Commissioner Hogle requested that Item No. 4 be removed for discussion. Commissioner Quillin requested that Item No. 11 be removed for discussion. 1. Adoption Re: Proposed Resolution No. 99R-1215, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein (Title Only). 2. Adoption Re: Proposed Resolution No. 99R-1217, establishing its intent to reimburse certain costs incurred with proceeds of a future tax-exempt financing; providing certain other matters in connection therewith (Title Only). 3. Adoption Re: Proposed Resolution No. 99R-1218, appropriating $239,668.59 from the unappropriated fund balance of the General Fund to provide funds to pay for legal fees in connection with the purchase of the Palm Avenue property on August 26, 1999, etc. 5. Adoption Re: Proposed Resolution No. 99R-1221, requesting that the trustees of the Internal Improvement Trust Fund establish an erosion control line on the shoreline (for approximately .94 miles) between the Suntide Resort hotel to the southern tip of the island, Big Sarasota Pass; setting forth findings (Title Only) 6. Adoption Re: Proposed Resolution No. 99R-1223, supporting a legislative initiative to reform the Municipal Revenue Sharing Program and the Municipal Financial Assistance Trust Fund (Title Only) . BOOK 46 Page 18682 09/20/99 6:00 P.M. BOOK 46 Page 18683 09/20/99 6:00 P.M. 7. Adoption Re: Proposed Resolution No. 99R-1224, requesting the United States Coast Guard (USCG) to maintain a Coast Guard presence locally in Sarasota County (Title Only) . 8. Adoption Re: Proposed Resolution No. 99R-1225, pertaining to the endorsement and congressional authorization of the Central and Southern Florida Project Comprehensive Review Study (Restudy) (Title Only). 9. Adoption Re: Proposed Ordinance No. 99-4145, amending the Sarasota City Code, Chapter 24, relating to personnel to establish a General Personnel Board and a Civil Service Board; stating the purpose and responsibilities for each board; providing for the composition, appointments, terms of office and procedures of each board; repealing ordinances in conflict; providing for the severability of parts hereof (Title Only). 10. Adoption Re: Proposed Ordinance No. 99-4158, annexing certain real property lying contiguous to the City limits into the corporate limits of the City of Sarasota as requested by Jerome A. Carosella, as AEtorney-In-Fact for John J. Nevins, as Bishop of the diocese of Venice, a corporation sole; said real property being generally described as the southwest corner of McIntosh Road and Fruitville Road, consisting of approximately + 8.54 acres, as more particularly described herein; making findings; redefining the boundary lines of the City of Sarasota to include said real property; providing for the severability of the parts hereof (Title Only) (Application No. 99-ANX-01, Applicant Jerome A Carosella, as Attorney-In-Fact for John J. Nevins, as Bishop of the Diocese of Venice, his successors in office, a corporation sole, as owner of thé real property). 12. Adoption Re: Proposed Ordinance No. 99-4164, amending Chapter 37, Water and Sewers, Article III, Industrial Pretreatment Program, by modifying the title of said Article III; adding and amending definitions in said Article III; prohibiting infiltration and inflow from private building sewers or building drains into the City's sanitary sewer; requiring a user to repair or replace his building sewer or building drain to prevent infiltration and inflow; providing for an administrative hearing; authorizing the City to perform repairs or replacements with regard to private building sewers or building drains and to assess the cost thereof or, alternatively, authorizing disconnection from the City's sanitary sewer; providing for repealing of ordinances in conflict (Title Only) . 13. Adoption Re: Proposed Resolution No. 99R-1212, authorizing and adopting a program whereby the City will repair or replace the private property owner's building sewer at City cost in certain geographic areas within the City in which infiltration and inflow into the sanitary sewer system of the City from private portions of the sewage system has been established; authorizing the City to perform such services upon entering into an agreement with the affected property owner; authorizing the City to enter upon private property and repair and/or replace private building sewers as necessary to reduce infiltration and inflow into the City's sanitary sewer pursuant to City of Sarasota Ordinance No. 99-4164 without agreement of the property owner (Title Only). City Auditor and Clerk Robinson read proposed Resolution Nos. 99R-1215, 99R-1217, 99R-1221, 99R-1223, 99R-1224, 99R-1125, and 99R-1212 and Ordinance Nos. 99-4145, 99-4158, 99-4164 by title only and Resolution No. 99R-1218 in its entirety. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 2, 3, 5, 6, 7, 8, 9, 10, 12, 13. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yesi Mason, yes; Pillot, yes; Quillin, yes. 4. Adoption Re: Proposed Resolution No. 99R-1220, appropriating $132,164.29 from the unappropriated fund balance of the General Fund to fund the final payment of legal fees for the lawsuit against the Florida Department of Transportation (FDOT) concerning the Ringling Causeway Bridge, etc. Commissioner Hogle stated that proposed Resolution No. 99R-1220 is not supported which does not mean a position concerning the John Ringling Causeway Bridge replacement is being taken; that resolving the issue of the John Ringling Causeway Bridge replacement is desired; however, the belief was David Levin, Special Legal Counsel, was to return to the Commission with a cost as to recommended services prior to submitting a bill; that Attorney Levin should have requested Commission approval to perform the work. Mayor Cardamone requested legal comment. City Attorney Taylor stated that several increments of funding were approved; that final preparations for the Administrative Hearing concerning the Ringling Causeway Bridge replacement BOOK 46 Page 18684 09/20/99 6:00 P.M. BOOK 46 Page 18685 09/20/99 6:00 P.M. required considerable work; that some reluctance exists to discuss the Commission's out-of-the-sunahine attorney/client . session at which Attorney Levin made a presentation; that the transcripts of the out-of-the sunshine attorney/client session will not be released until the conclusion of the litigation; that the transcripts are kept sealed for the benefit of the Commission; that the content of the out-of-the-sunshine attorney/client session could be discussed by the Commission if desired; that a review of the transcripts indicates Attorney Levin attempted to make a report concerning the time spent and the necessity for the time. Vice Mayor Pillot asked if the costs presented are final? City Attorney Taylor stated yes, unless the Commission authorizes the performance of additional services. City Auditor and Clerk Robinson read proposed Resolution No. 99R- 1220 in its entirety. On motion of Vice Mayor Pillot second of Commissioner Mason, it was moved to adopt Consent Agenda No. 2, Item No. 4. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Hogle, noi Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 11. Adoption Re: Proposed Ordinance No. 99-4159, to conditionally vacate that certain approximately 20- foot- wide alley that runs approximately 100 feet in length from north to south from First Street connecting to that certain 20-foot wide alley that runs east to west through the center of Block 8, Plat of Sarasota as well as to conditionally vacate the northerly 10 feet of that certain 20-foot wide alley that runs east to west located to the north of Lots 8 and 10, Block 8, Plat of Sarasota plus the entire 20-foot width of said east to west alley where it adjoins the easterly 9.15 feet of Lot 6, Block 8, Plat of Sarasota, all as is more particularly described herein (Title Only) (Application No. 99-SV-04, Applicant Joel Freedman of Bishop & Associates as agent for Wynnton Sarasota II) Commissioner Quillin referred to a September 15, 1999, letter from Ernest Babb to the Commission regarding ownership of City rights-of-way and citing a court case and Section 95.361 (1), Florida Statutes, concerning roads presumed dedicated as follows: When a road, constructed by a county, a municipality, or the Department of Transportation, has been maintained or repaired continuously and uninterruptedly for 4 years the road shall be deemed dedicated to the public. The dedication shall vest all right, title, easement, and appurtenances in and to the road. Commissioner Quillin stated that proposed Ordinance No. 99-4159 refers to granting certain access and utility easements; however, no documentation regarding easements from the developer is included in the Agenda material; that street and alley vacations are a concern; that the City must be able to provide an appropriate grid system to serve and move people in the community. City Attorney Taylor stated that the Administration requested the City Attorney's Office respond to the September 15, 1999, letter and distributed a September 20, 1999, memorandum to the Commission concerning ownership of property improved for road purposes; that a question before the Commission for a long time has been if the City can charge for vacating an easement; that the City Attorney's Office has consistently indicated State law allows a charge only if the City owns the dirt under the pavement; that the September 20, 1999, memorandum reiterates the same position; that the legal opinion presented in the September 15, 1999, letter is in error; that Section 95.361(1), Florida Statutes, is a statute of limitations statute concerning the time by which a property owner is estopped from filing a lawsuit to contest an illegal activity by government in constructing a road on land in which the government had no right, title or interest; that. the cited statute would apply to less than one percent of the situations in the City; that the court case cited does not involve the basic question but rather involves a city's illegally establishing a road on property owned by someone else; that the property owner must sue within four years or the statute will assist the city in continuing to maintain the road as long as required for the public purpose; that the city will still not own the dirt but has a right, title and interest in the right-of-way, i.e., the road; that in most circumstances, the City of Sarasota does not own the dirt but owns the easement for the roadway; that the City will be presented shortly with a situation in which the City owns the dirt which is the alley behind the location of the former Sugar and Spice Restaurant; that the Commission as custodians of the City's property will be able to deal with the property as appropriate; that the Commission will consider the requested alley vacation in a legislative process; that the Commission can also consider disposal of the property if desired from a business perspective. Vice Mayor Pillot stated that the Commission previously passed proposed Ordinance No. 99-4159 on first reading; and asked if a legal reason exists not to adopt the proposed ordinance on second reading. City Attorney Taylor stated no; that all the required easements have been delivered and are ready for recording. BOOK 46 Page 18686 09/20/99 6:00 P.M. BOOK 46 Page 18687 09/20/99 6:00 P.M. Vice Mayor Pillot stated that the Administration's written recommendation is to adopt proposed Ordinance No. 99-4159. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4159 by title only. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to adopt Consent Agenda No. 2, Item No. 11. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Mason, yes; Pillot, yes; Quillin, no; Cardamone, yes; Hogle, yes. Mayor Cardamone requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 3. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 99R-1197, CERTIFYING TO THE PROPERTY APPRAISER AND THE TAX COLLECTOR OF SARASOTA COUNTY THE RATES OF MILLAGE TO BE LEVIED BY THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999, ESTABLISHING THE GENERAL FUND OPERATING MILLAGE AT 2.1051 WHICH IS 15.86 PERCENT LOWER THAN THE ROLLED-BACK MILLAGE RATE OF 2.5020, ESTABLISHING THE DEBT SERVICE MILLAGE AT .8550; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM NO. IV-A-1) AND NON QUASI-JUDICIAL SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4160, ADOPTING A BUDGET FOR THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999, AND ENDING SEPTEMBER 30, 2000; ETC. (TITLE ONLY) - ADOPTED # 1(0975) through (1341) Gibson Mitchell, Director of Finance, came before the Commission and stated that proposed Ordinance No. 99-4160 is to adopt a budget for the City for the fiscal year (FY) beginning October 1, 1999, and ending on September 30, 2000; that the proposed budget represents a decrease in the current operating millage of 2.6624 mills to 2.1051 mills, a 20.93 percent reduction; that the Truth in Millage (TRIM) Bill requires the proposed operating millage rate for ad valorem taxes be measured in terms of the roll-back rate, which is the millage rate necessary to yield the same ad valorem tax revenue as generated for the prior year's budget; that the preliminary certification of taxable value from the Property Appraiser is $3,514,833,240 which is $268,904,516 higher, an 8.28 percent increase, than last year's taxable value; that the roll-back rate is 2.5020 mills; that the proposed operating millage rate is 2.1051 mills and is a 15.86 percent decrease from the roll-back rate; that the proposed operating millage of 2.1051 mills will yield $6,520,340 in ad valorem tax revenue for the General Fund, which is a decrease of $1,269,753 in ad valorem taxes from last year's budget; that the debt service millage would be 8550 mills, a 9.87 percent decrease from the current debt service millage of .9486 mills; that the total millage required to Einance the proposed budget is 2.9601 mills versus 3.6110 mills last year; that the effect of the millage on the average taxable house in the City, which is $98,643 as of October 1998, would be a decrease in taxes of $64.21, or an 18 percent reduction; that proposed Resolution No. 99R-1197 certitying the millage rates to the Property Appraiser and Tax Collector must be adopted prior to adopting the proposed ordinance concerning the budget. 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 Resolution 99R-1197 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 99R-1197. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to adopt proposed Resolution No. 99R-1197. 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, yes; Mason, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4160 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Ordinance No. 99-4160. On motion of Vice Mayor Pillot and second of Commissioner Quillin, it was moved to adopt proposed Ordinance No. 99-4160. BOOK 46 Page 18688 09/20/99 6:00 P.M. BOOK 46 Page 18689 09/20/99 6:00 P.M. Vice Mayor Pillot stated that for many years the City has been deservedly presented the Distinguished Budget Presentation Award by the Government Finance Officers Association (GFOA); that the professional, thorough and time-consuming preparation of the proposed budget by the Finance Department's Staff is appreciated and commended by the Commission. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): : Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes, Pillot, yes. 4. NON QUASI- JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4157, PERTAINING TO THE FEE CHARGED FOR THE DEMOLITION OF ANY BUILDING OR STRUCTURE IN THE AMOUNT OF THE FEE PREVIOUSLY USED TO SUBSIDIZE THE FEES AND CHARGES FOR PROCESSING A PETITION FOR HISTORIC DESIGNATION: ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #1 (1432) through (1512) Jane Robinson, Director of Planning and Development, came before the Commission and stated that the purpose of proposed Ordinance No. 99-4157 is to redefine the possible uses of funds collected from demolition permit fees to allow use in a discretionary manner as the Commission deems appropriate to further the Historic Preservation Program; that the fees were previously used to defray the cost of the applications for historic designation which have now been waived by the City. 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. 99-4157 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4157 on first reading. On motion of Commissioner Hogle and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 99-4157 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yesi Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. 5. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) # 1(1517) through (2401) The following people came before the Commission: Lee Halstead, representing the Hispanic American Alliance for Family and Progress (HAA) 2945 51st Street (34234) and Victor Medillin, 302 Sarasota Mobile Home Park (34236). Mr. Halstead stated that the Hispanic American Alliance for Family and Progress (HAA) has been attempting for approximately one year to acquire a home for the Medillin family; that the Medillin family has been very patient with HAA; that HAA is prepared to begin construction of a home, which takes approximately six months; that the Medillin family are model Sarasota Mobile Home Park (SMHP) residents; that approximately seven families were identified for housing placement; however, approval was not received for constructing the desired housing; that approval was recently received from the Department of Housing and Community Development to develop housing on two lots; that subsequently approval was received for construction on four additional scattered lots; that residents were found for the housing primarily from SMHP; that the majority of SMHP residents have moved into rental housing; however, HAA's program is sO good many former SMHP residents are anxious to participate; that the Medillin family deserves a chance to remain in the SMHP another six months; that the HAA requests the Commission's assistance. City Attorney Taylor stated that an ordinance was passed requiring residents moving into the SMHP after July 1994 vacate by a certain date; that residents who subsequently moved into the SMHP had full knowledge of the Closure date and are subject to vacating the premises by September 30, 1999; that litigation regarding closure of the SMHP continues; that an ordinance established a specific duration for occupants to vacate; that changing the ordinance by making an exception for an individual could be fatal to the program; that time would be required to study and report back to the Commission if an extension could be granted while upholding the integrity of the process of closing the park. Commissioner Quillin concurred; and stated that most SMHP residents have vacated; that an extension should not be granted until further research can be conducted; that an eviction notice exists for residents who moved into the park after July 1994; that the State's tenant-landlord law provides for a 14-day notice; that the most time the Medillin family would gain by going through the court process would be approximately two months. Mayor Cardamone stated that the continuing litigation and the existing, approved ordinance should preclude any discussion of an extension of time to vacate. BOOK 46 Page 18690 09/20/99 6:00 P.M. BOOK 46 Page 18691 09/20/99 6:00 P.M. Vice Mayor Pillot stated that having served on the HAA Board of Directors, the continuing success of assistance to relocate families in similar situations has been observed for many years; that reports have been received from the HAA regarding relocation of the SMHP residents indicating successful results; that a vote to ignore the ordinance should not be considered; that a family which has exerted an effort and received assistance in attempting to relocate should not be told to leave in ten days. Mayor Cardamone asked the date the Medillin family was given notice. City Attorney Taylor stated that notice was given in July 1994; that everyone moving into the SMHP subsequent to July 1994 was informed vacating would be required. Mayor Cardamone stated that the Commission is sympathetic; however, the notice was given a number of years ago; that granting an extension could afford an opportunity for residents who left in reliance of the ordinance to come back and demand the same treatment; that the Medillin family could rent elsewhere for six months while the HAA builds a house. Vice Mayor Pillot stated that the Medillin family, in conjunction with the HAA, has been making every effort to obtain new housing; that benevolent feelings would be considerably less if no action had been taken to obtain new housing; that available housing with rental rates between $500 and $700 are not habitable. Commissioner Quillin concurred; and stated that legalities must be addressed; and referred to a September 3, 1999, letter to the Commission from Yolanda Beltran-Halsted, Project Director, HAA, regarding problems being encountered with developing affordable housing. Commissioner Quillin stated that the extension request should be referred to Administration and the City Attorney for review; that an eviction notice exists; that the law should be researched; that finding affordable housing is difficult; that a contract with a time-certain coinciding with the construction schedule could be developed. City Attorney Taylor stated that the SMHP ensity-reduction ordinance is a City ordinance; that an amendment to the ordinance will be required to make exceptions or alternative accommodations; that the program of closing the SMHP is based on the first group of people who came in with advance notice exiting the SMHP prior to October 1, 1999, which has been the focus of all the buy-outs and the financial planning, etc.; that upsetting the program will alter the intended process; that too much has been invested to risk losing the litigation concerning the SMHP closure. Mayor Cardamone stated that the arrangement was made with the SMHP residents in 1994; that the Medillin family has a dilemma; however, the remaining SMHP residents are complying with the ordinance; that an agreement was reached and should be honored by all parties; that the Commission cannot be liable for uncompleted construction and inability to secure housing. Mr. Halstead stated that the Medillin family is the last post-July 1994 SMHP resident; that the remaining SMHP residents moved in prior to 1994; that the HAA and other organizations are attempting to obtain housing for six to ten Hispanic families; that the Medillin family will vacate if the Commission requires; that habitable, short-term rental housing is very limited. Mayor Cardamone stated that jeopardizing the closure program for the SMHP after all the time, energy and effort has been expended is the concern. Vice Mayor Pillot asked the status of the remaining SMHP residents? Gary Hudson, SMHP Manager, came before the Commission and stated that six Eamilies remain who must vacate by September 30, 1999; that one resident has not made contact to make arrangements for the City to purchase the mobile home; that numerous attempts have been made to effect contact; that another resident is relocating the mobile home to a mobile home park in the County; that upon the advice of the City Attorney, eviction notices are being prepared for the remaining six residents to insure adherence to the ordinance in the event the premises are not vacated. Commissioner Quillin stated that a consensus to refer the Medillin family's request back to Administration and the City Attorney is requested. Mayor Cardamone stated that the ordinance should be honored; that attempting to circumvent the ordinance is improper. City Attorney Taylor stated that protracted litigation is ongoing; that altering the Closure program may promulgate additional litigation; that if exceptions are made, a potential liability toward the residents who cooperated could be created. Mayor Cardamone stated that all other SMHP residents complied. Commissioner Hogle concurred; and stated that the ordinance should be followed; that the Administration could identify organizations which may render assistance. Commissioner Mason concurred; and stated that the litigation implications are a concern. BOOK 46 Page 18692 09/20/99 6:00 P.M. BOOK 46 Page 18693 09/20/99 6:00 P.M. Mayor Cardamone stated that a consensus does not exist to refer the extension request back to the Administration and the City Attorney; that the Commission would like to help the Medillin family find temporary housing; that unpredictable weather conditions could lengthen the anticipated six-month construction completion date; that Staff, or the citizens of viewing audience could possibly assist in helping to find temporary housing. Vice Mayor Pillot stated that Mrs. Halstead is very diligent and the most qualified in assisting the Medillin family. Commissioner Quillin asked the status of the study concerning available affordable housing in the City. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that a consultant has been retained to conduct a market survey of comparable rents and alternative mobile home parks as the City's ability to increase rents is limited to increases in line with market rates; that the survey will establish market rate guidelines to determine possible rate adjustments. Mayor Cardamone asked the anticipated completion date? Mr. Schneider stated September 29, 1999. 6. NEW BUSINESS: APPROVAL RE: BUS SHELTERS - REFERRED TO THE ADMINISTRATION TO NEGOTIATE A CONTRACT AND PROCESS NECESSARY ORDINANCES (AGENDA ITEM VII-1) #1 (2461) through (3803) Jay Goodwill, General Manager, Public Works Transit/Fleet, Sarasota County Area Transit (SCAT), and John Miller, Vice President, Lamar Transit Advertising (Lamar), came before the Commission. Mr. Goodwill stated that Sarasota County entered into an arrangement by which Lamar installs transit shelters at bus stops; that the program is presently limited to the unincorporated areas of the County due to the City's sign and advertising restrictions; that 40 shelters have been placed throughout the County; that the Lamar shelters are more attractive than those installed by SCAT; that the benefit is Lamar installs and maintains the shelters and provides a minor revenue source from advertising; that SCAT has enjoyed a successful relationship with Lamar; that the City is being approached to consider expanding the program into the City limits. Vice Mayor Pillot asked if the advertising can be limited to avoid offensive advertising? Mr. Goodwill stated that the County contract contains limitations and restrictions on the advertising; that the County has final approval of advertising. Vice Mayor Pillot stated that a restrictive contract could be challenged successfully. City Attorney Taylor asked Lamar's experience with lawsuits? Mr. Miller stated that Lamar operates in Fort Myers, Sarasota County and Pensacola, Florida, and 25 other municipalities; that the contracts are between the advertiser and Lamar; that Lamar has an agreement with SCAT; that the advertising content is Lamar's responsibility; that any business which could be considered sexually-oriented or not accepted by the general community is refused. Vice Mayor Pillot asked if any liability would be Lamar's as Lamar is responsible for the advertising? Mr. Miller stated yes; that the advertising contract is between the advertiser and Lamar. Vice Mayor Pillot asked if the City would be unable to remove offensive advertising if a case is successtully brought and upheld by a court? Mr. Miller stated that Lamar has never had such an experience. Mayor Cardamone asked if Lamar would have the ability to remove advertising from a shelter upon notification the City considers the advertising marginally appropriate? Mr. Miller stated yes; that Lamar monitors advertising closely. Vice Mayor Pillot asked for example, if advertising for the Ku Klux Klan (KKK) would be permitted? Mr. Miller stated no, even though a lawsuit would most likely be filed; that Lamar will defend decisions relative to rejecting any advertising. Vice Mayor Pillot stated that placement of shelters in appropriate locations for senior citizens and for school children and proceeding with the program is totally supported if the City Attorney and City Manager have no misgivings. Mayor Cardamone stated that the documentation in the Agenda materials is excellent; therefore, further presentation is not necessary. BOOK 46 Page 18694 09/20/99 6:00 P.M. BOOK 46 Page 18695 09/20/99 6:00 P.M. Commissioner Mason asked if shelters in the City limits would fall under the City's trespass program after SCAT stops running? John Lewis, Chief of Police, Sarasota Police Department, came before the Commission and stated that the trespass program has been used regarding public conveyance activities. City Attorney Taylor stated that the shelters are privately owned; that improper utilization of a business fixture would be trespass which would be enforceable assuming requisite warnings. Mayor Cardamone asked if Lamar would request inclusion in the City's trespass program? Mr. Goodwill stated that six shelters on Lemon Avenue are registered in the trespass program. Mr. Miller requested clarification of the trespass program. Mayor Cardamone stated that that private property owners can register in the Police Department's trespass program; that additional information can be provided if desired. Commissioner Quillin asked for clarification of graffiti removal. Mr. Miller stated that the contract stipulates removal within 48 hours; however, the response is as soon as possible if the graffiti is vulgar. Commissioner Quillin asked if each shelter will have a posted bus schedule? Mr. Goodwill stated that a panel for posting a schedule is provided on the back of the shelter; that a program to expand the public service information at bus stops is being considered; that emphasis is being placed on improving the quality of the bus stops with shelters being the primary effort. Commissioner Quillin asked if the shelters would be lighted on overcast days as well as at night? Mr. Miller stated that the shelters have a photo cell; that the advertising box is illuminated; that a light is located in the roof. Mayor Cardamone asked the number of shelters which will be placed in the City? Mr. Goodwill stated that the estimate is for 50 to 60 shelters; that advertising panels are not appropriate in some shelters if the advertising would block the line of sight; that the program will be supplemented with non-advertising shelters of similar design. Commissioner Mason asked if existing shelters would remain or be replaced? Mr. Goodwill stated that existing City shelters may be exchanged with advertising shelters as appropriate. Mayor Cardamone asked if any provision in the contract should cause concern? City Manager Sollenberger stated that the program is the finest observed; that the shelters will be equitably distributed throughout the community, including areas experiencing vandalism. Mr. Miller stated that existing shelters may be substituted with advertising shelters; that areas which desperately need shelters will be addressed. Mayor Cardamone asked if the Sarasota County School Board and SCAT cooperate in the use of bus stops? Mr. Goodwill stated that many SCAT stops are used for school stops; however, specific coordination does not exist. Mayor Cardamone stated that coordination in taking advantage of the shelters should be investigated. City Manager Sollenberger stated that the Administration recommends referring the issue back to the Administration to negotiate a contract with Lamar and to initiate an amendment to the Zoning Code (1998) to allow for advertising in the right-of- way for placement on bus shelters; that additional information concerning the revenue stream generated from the program would be appreciated. Mr. Goodwill stated that the County's current contract with Lamar provides $450 per year per shelter or a percentage of revenue; that the 50 shelters presently in place generated $37,500 last year, the equivalent of 50 percent of the operational costs of one bus per year. City Manager Sollenberger stated that the revenue -generating issue is very significant as the Commission has addressed the importance of SCAT meeting the needs of the public; that the revenue derived from the program will assist in improving the public transportation system. Mayor Cardamone stated that one or two additional bus routes could be anticipated based on the revenues generated. BOOK 46 Page 18696 09/20/99 6:00 P.M. BOOK 46 Page 18697 09/20/99 6:00 P.M. Paul Thorpe, Executive Director of The Downtown Association of Sarasota, Inc. (Downtown Association) 1818 Main Street (34236), came before the Commission and stated that bus stops are not opposed; that shelter from both rain and sun is appreciated; that alternatives for the advertising revenue should be considered; that the Asolo Theatre, the Ringling Museum, the generic-type institutions, the non-profit organizations such as the Sarasota Opera, the Sarasota Ballet, etc., should also be able to benefit from the program; that the City and County can offer assistance; that the private sector can also assist; that better control of the types of advertising should be maintained; that the Downtown Association, the Administration and SCAT should work together to formulate an arrangement to benefit the entire community. Mayor Cardamone stated that the suggestions should be pursued. Mayor Cardamone stated that Mr. Thorpe has been elected as the President of the Florida Redevelopment Association (FRA) : taking office approximately two weeks ago at the State Conference in Delray Beach; that congratulations are extended; that in October 2000 the State FRA Conference will be held in Sarasota; that the Commission and Administration will play a large role in welcoming redevelopment representatives from the entire State and showcasing the City's redevelopment accomplishments. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to refer the proposed bus shelter program to the Administration to negotiate a contract and to process necessary ordinance changes to allow the advertising. Mayor Cardamone asked for clarification regarding local organizations' advertising requirements. Mr. Miller stated that Lamar actively seeks citizen support of local organizations through advertising on a space-available basis; that the third panel on the back of the shelter can be used for bus routes as well as special events; that providing for public service advertisements on a pace-avallaDlIEy basis could be incorporated into the contract. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 7. COMMISSION BOARD AND COMMITTEE REPORTS - ADMINISTRATION WILL CONTACT THE COUNTY TO ENABLE THE MUNICIPALITIES TO HAVE ALTERNATES WITH VOTING RIGHTS OR TO TEMPORARILY APPOINT COMMISSIONER MASON AS THE CITY'S REPRESENTATIVE ON THE TOURIST DEVELOPMENT COUNCIL (AGENDA ITEM IX) #2 (0480) through (0590) VICE MAYOR PILLOT: A. stated that the Tourist Development Council (TDC) met the week of September 13, 1999; that the Director of Engineering/City Engineer will make a presentation concerning funding for South Lido beach at the October 1999 TDC meeting, which he will be unable to attend; that the City's designated alternate is Commissioner Mason; that the County Attorney advised the represented cities designate representatives after which the cities' designees are appointed by the Sarasota Board of County Commissioners (BCC); therefore, the opportunity for an alternate to vote is not certain; that the City's vote will be important at the October 1999 TDC meeting; that the TDC members indicated the various cities' TDC representatives: should have on-going alternate voting rights; that the suggestion is to authorize the City Manager to contact the County Administrator to request the BCC take the necessary action to enable the cities' alternates to vote. Mayor Cardamone stated that hearing the Commission's agreement, the City Manager is requested to contact the County Administrator to formally request BCC enable the municipalities to have alternates with voting rights or to temporarily appoint Commissioner Mason as the City's TDC representative; that both options could be presented. COMMISSIONER QUILLIN: A. stated that the Sarasota/Manatee Metropolitan Planning Organization (MPO) did not meet during the month of August 1999. 8. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION WILL REVIEW STAFF ATTENDANCE AT COMMISSION MEETINGS (AGENDA ITEM X) #2 (0590) through (0700) COMMISSIONER MASON: : A. stated that the gun buyback program held at Gillespie Park on September 18, 1999, was very successful and was a wonderful, collaborative effort by the Sheriff's BOOK 46 Page 18698 09/20/99 6:00 P.M. BOOK 46 Page 18699 09/20/99 6:00 P.M. Department, the City Police Department and the Longboat Key Police Department. Mayor Cardamone stated that the program received excellent news coverage. MAYOR CARDAMONE : A. stated that the Commission and the Planning Board/Local Planning Agency (PBLP) will hold a joint discussion meeting at 7:30 a.m. on September 23, 1999, in Room 303A, City Hall; that the information received from Douglas James, Chief Planner, for the meeting is appreciated. B. stated that the Administration is requested to review the attendance of Staff at Commission meetings if compensatory time or overtime compensation is involved. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that management employees receive up to 80 hours of compensatory time per year; that any time above 80 hours is an expectation of the job; that attendance at Commission meetings is at the discretion of the department; that Staff with business before the Commission will attend to conduct the business; that Department Heads often listen to Commission meetings in the office and come to the Chambers as necessary. Mayor Cardamone stated that Department Heads could leave after the specific business is concluded; that a review would be appreciated. Mr. Schneider stated that a review will be conducted. 9. OTHER MATERSADKIISTATIVE OFFICERS (AGENDA ITEM XI) #2 (0066) through (0480) CITY MANAGER SOLLENBERGER: A. stated that City Staff and the City Attorney met and believe the concerns of City and County Staff regarding parking associated with development of the new County jail can be resolved through an Interlocal Agreement; that a City Staff recommendation will be presented to the Planning Board/Local Planning Agency (PBLP) i that the County had previously requested a waiver for 152 parking spaces for the project which is in the Governmental Use (G) Zone District, which City Staff will now support; that the City will relinquish more than 100 parking spaces leased from the County in the County parking garage; that approximately 70 of the 193 leased spaces are currently utilized by the City; that the County will be requested to extend the lease from the year 2006 to 2016, at which time the third extension of the Local Option Sales Tax (L.O.S.T.), also called the penny sales tax, will hopefully be effective; that a third L.O.S.T. extension would allow the City to construct a parking structure or collaborate with the County to meet parking requirements; that the Interlocal Agreement will include a provision for a study by an independent consultant to examine current use and future needs of the existing parking structure and other parking available to the County in the surrounding area; that a recommendation and set of strategies will be requested from the. independent consultant for presentation to the City and County Commissions in joint session; that a similar study was successful in resolving parking issues with Sarasota Memorial Hospital (SMH) i that the area around the Sarasota County Court House is becoming increasingly congested; that developing an Interlocal Agreement has been discussed with the County Administrator, who is in agreement, and should allow construction of the new County jail to proceed. Mayor Cardamone stated that avoiding difficult intergovermmental situations is desired; that the City and County's senior Administration work well together; that conflicts create a concern and should be avoided. Commissioner Hogle stated that the situation was discussed with two County Commissioners; that the efforts of the City Manager and the County Administrator to resolve concerns are commended. City Manager Sollenberger stated that City Staff's conduct was proper and appropriate. Mayor Cardamone agreed. B. stated that for the benefit of the public and Commission, an update concerning Hurricane Harvey will be provided; that Public Works Staff is on duty and ready to handle any emergencies. John Lewis, Chief of Police, Sarasota Police Department, came before the Commission and stated that the County's Emergency Operations Center (EOC) is open; that a member of the City Police Department is on duty at the EOC; that the City's EOC will not be opened at this time; that schools in Sarasota and Manatee Counties will be closed on September 21, 1999; that Sarasota County and City have advised non-essential personnel are not required to report to work; that normal police patrol will be supplemented with sworn non-patrol police officers; that the Police and Public BOOK 46 Page 18700 09/20/99 6:00 P.M. BOOK 46 Page 18701 09/20/99 6:00 P.M. Works Departments have developed a plan to handle any flooding; that barricades will be placed at and Staff assigned to specific locations as required; that if necessary, traffic will be diverted around St. Armands Circle; however, access will be available to Longboat Key; that the latest indication is landfall of the storm will be over the Skyway Bridge; that the City is well prepared to handle any events. Vice Mayor Pillot asked if garbage and recycling will be cancelled for September 21, 1999. City Manager Sollenberger stated yes; that City offices will be closed on September 21, 1999, as only essential Staff will report for duty; that compensation will be made equitable for Staff required to report for duty to handle the emergency. Commissioner Hogle stated that the public is encouraged to stay home unless critical to do otherwise sO Public Safety Staff can function effectively. Commissioner Quillin asked the anticipated timeframe. Chief Lewis stated that the winds will begin to increase by approximately midnight; that the worst impact of the storm will be from 7 to 9 a.m. on September 21, 1999; that a 3- to 5-foot storm surge is anticipated; that wind gusts are anticipated at 60 miles per hour (mph) with sustained winds of 25 to 40 mph; that the weather should improve by late afternoon on September 21, 1999, and be back to normal by September 22, 1999, unless the storm changes course. Vice Mayor Pillot asked if the Municipal Auditorium will be open on September 22, 1999, as an event is scheduled. City Manager Sollenberger stated that operations should be back to normal; that the event should proceed as scheduled. 10. ADJOURN (AGENDA ITEM XII) #2 (0700) There. being no further business, Mayor Cardamone adjourned the meeting of September 20, 1999, at 8:00 Regulerm - A e p.m. * w Aaalir C t - MOLLIE C. CARDAMONE, MAYOR ATTEST! & Rebe - BILIY)EZ ROBINSON, CITY AUDITOR AND CLERK