MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 17, 1997, AT 6:00 P.M. PRESENT: Mayor Mollie Cardamone, Vice Mayor Gene Pillot, Commissioners Jerome Dupree, David Merrill, and Nora Patterson, city Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Mollie Cardamone The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH, FEBRUARY 1997, JAMES P. LEGAY, SENIOR CODE ENFORCEMENT INSPECTOR, BUILDING, ZONING AND CODE ENFORCEMENT DEPARTMENT #1 (0040) through (0199) City Manager Sollenberger stated that the goal of being an attractive, clean, and aesthetically pleasing City is enhanced by Code Enforcement; and requested that Timothy Litchet, Manager of Zoning and Code Enforcement, Beverly Spangler, Supervisor of Code Enforcement, and James Legay, Senior Code Enforcement Inspector, Building, Zoning and Code Enforcement Department, come before the Commission. Mr. Litchet stated that Code Enforcement, one of the Commission's top priority goals, has been enhanced by Mr. Legay in many ways; that recent certification by the Florida Association of Code Enforcement (FACE) will better enable Mr. Legay to communicate with other communities, explore new techniques, and research code enforcement legislation; that Mr. Legay regularly addresses neighborhood concerns at meetings of the Laurel Park Neighborhood Association; that Mr. Legay has been instrumental in establishing a. new Spanish-language program necessitated by the increasing interaction between Staff and Spanish-speaking residents; that Mr. Legay has helped implement a new program in which a code checklist is hung on the doorknobs of residents' property with check marks next to code violations observed on the property; that the effective new method has corrected many misunderstandings with property owners; that Mr. Legay's patience, excellent customer service and promotion of the City's goals exemplify service with excellence and pride. BOOK 41 Page 14304 03/17/97 6:00 P.M. BOOK 41 Page 14305 03/17/97 6:00 P.M. Ms. Spangler stated that Mr. Legay's participation is beneficial to and appreciated by the Code Enforcement Department; that a resident has written to express appreciation for Mr. Legay's role in motivating a landlord to complete necessary repairs; that phone calls and letters received by the Building, Zoning, and Code Enforcement Department praise Mr. Legay's quick response in assuring code violations are brought into compliance. Mayor Cardamone stated that the letters support the City's recognition of Mr. Legay and reflect the satisfaction expressed by residents regarding the accomplishments of the Code Enforcement Department. Mayor Cardamone presented Mr. Legay with a City-logo watch, a plaque, and a certificate as the February 1997 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Legay stated that thanks are expressed to the Commission; that working with the Code Enforcement Staff is a pleasure; and recognized his wife, Deborah, who was present in the audience. 2. PRESENTATION RE: CERTIFICATE OF APPRECIATION TO FLORIDA POWER AND LIGHT FOR THE INSTALLATION OF AN OSPREY PLATFORM AND POLE MOUNTING STRUCTURE AT THE NEW WHITAKER GATEWAY PARK #1 (0201) through (0358) Mayor Cardamone requested that David Vecchio, Supervisor, and Rick Chalker, Major Account Manager, Florida Power and Light (FPL), come before the Commission. Mayor Cardamone presented and read in its entirety a Certificate of Appreciation which stated that the Commission is proud to honor the outstanding achievements of FPL; that Ed Henne, Manager of the West Area Transmission Department, Rick Chalker demonstrate a great interest in environmental affairs on behalf of FPL; that the donation, construction, and installation of an osprey platform and a pole mounting structure at the new Whitaker Gateway Park is an expression of that interest. Mayor Cardamone congratulated Mr. Vecchio and Mr. Chalker and expressed sincere appreciation on behalf of the Commission and all the citizens of the community. Mr. Chalker stated that working with city Staff is always a pleasure; that Duane Mountain, Streets, Landscape Maintenance and Solid Waste Manager, assisted FPL in the installation of the osprey platform. Mayor Cardamone asked for details regarding the osprey platform and pole mounting structure. Mr. Chalker stated that the osprey platform near the Bay is approximately 45 feet above the ground; that similar structures installed for various environmental agencies have worked successfully. Mr. Vecchio stated that an eagle was observed flying over the structure just as the installation work was completed. 3. PRESENTATION RE: TOPICS OF INTEREST AND CURRENT EVENTS OF PARTICULAR CONCERN TO THE RESIDENTS OF THE CITY OF SARASOTA #1 (0359) through (0979) Vice Mayor Pillot stated that although negative publicity often accompanies actions taken by the Police and other city Departments, many letters are received from residents commending city employees; that a letter from the St. Armands Key Residents Association extended appreciation to Dennis Daughters, Director of Engineering/City Engineer, and Asim Mohammed, Assistant City Engineer for the time and effort devoted to traffic improvements expedited by both the City and the Florida Department of Transportation (FDOT); that the owner of a new bus: iness on John Ringling Boulevard commended the Building and Engineering Departments for the City's cooperation during the opening of Tommy Bahama Retail and Cafe, a restaurant and retail complex favorably reviewed in the Sarasota Herald-Tribune; that a letter from an agent of Michael Saunders and Company referenced the opening of the Goodyear Tire and Rubber Company at Fourth Street and Lemon Avenue and stated that the City Manager, the City Auditor and Clerk, the City Attorney's Office, and the Departments of Planning, Building, Zoning, and Code Enforcement, Public Safety, Engineering, Public Works, Streets, Landscaping, Utilities, General Services and Community Development all provided valuable assistance in building the new facility; that the writer commended Staff's prompt and courteous service; that a letter from the Sarasota Board of Realtors praised Timothy Litchet, Manager of Zoning and Code Enforcement for making a presentation regarding flood insurance regulations before the Board. Vice Mayor Pillot continued that a private citizen who purchased a winter home on Lido Beach in 1994 wrote a letter praising the City's repair and preservation of Lido Beach and rapid Staff response following storms which caused damage to the beach; that a letter from Sarasota County Staff to Duane Mountain, Streets, Landscape Maintenance and Solid Waste Manager, expresses thanks for the City's efforts at the Community Garden and the excellent job by Joseph Pizzalato, Infrastructure Maintenance Supervisor, who cleared the land; that a private mortgage company which helps first-time low-income home buyers has expressed thanks to Deborah Sikes, Loan Processor, for the assistance provided by Staff to low- BOOK 41 Page 14306 03/17/97 6:00 P.M. BOOK 41 Page 14307 03/17/97 6:00 P.M. income borrowers seeking grant funds for mortgage loans; that a letter from the owner of a private business located in the newly annexed section south of Bee Ridge Road describes contacts with Staff during an emergency situation as a pleasure; that Robert Luedeka, Zoning Analyst, and Florene Blake, Building Technician I, were praised for resolving the emergency in a professional and helpful way; that a group of retired employees who use the Sarasota Mobile Home Park (SMHP) for meetings and events expressed thanks for the City's courteous assistance in a letter written to Gary Hudson, Manager of SMHP. Vice Mayor Pillot further stated that letters are regularly received from the public, both residents and visitors, praising the service and courtesy extended by the Police Department; that a letter was received listing the names of Police Officers awarded Medals of Honor, Lifesaving Medals, Merit Certificates, etc.; that a letter from the Gillespie Park Neighborhood Association expressed appreciation to an unnamed Police Office who issued a "No Trespass" warning to a drug dealer caught harassing neighborhood residents in the early morning hours of December 29, 1996; that the proficiency of Officer Valerie Marshall was also praised regarding the same incident at the 7-Eleven Food Store at Fifth Street and U.S. 301; that members of the Gillespie Park Cellular Watch have recognized Officer Thomas Wagonseller's professionalism, knowledge of the streets and local problems, and sensitivity to the frustration and efforts of residents attempting to improve the neighborhood; that a letter from the Office of Earl Moreland, State Attorney for the 12th Judicial Circuit, commends the professional work of Officer Jason Wilson whose efforts are described as far beyond what is normally expected from a Police Officer-In-Training; that a Sarasota County Deputy Sheriff involved in a four-car crash caused by a hit-and-run driver on December 19, 1996, writes of the rapid response and attention provided to him personally by City Police Officers; that the hit-and-run driver who tried to flee the State to avoid charges of Driving Under the Influence (DUI) was apprehended due to the Police Department's efforts and collaboration with other police departments in the State; that a woman wrote to the Police Chief praising Officer Lawrence Pettigrew, Roberta Shaw, Investigative Aid, and detectives of both City and County Law Enforcement Agencies for quickly arresting a group of young men who had been victimizing neighborhood residents; that another letter writer commends the investigative work of Sergeant William Spitler; that a man falsely claiming to be the letter writer during an arrest one year earlier gave the same false identity after another arrest; that Sergeant Spitler called the letter writer in Connecticut at 3:00 a.m. to confirm that the suspect in custody had given a false identification to the Police; that Officer Kevin Dowd, Officer Lee Scales, and an unnamed female Police Officer were praised by the parent of a young man who, while stopped at an intersection on his motorcycle, was struck by a drunken driver; that the Police Officers assisted the young man, who was not seriously hurt, and expedited the towing of the motorcycle to a repair shop. Vice Mayor Pillot stated further that the completion in four years of a five-year Master in Business Administration Degree from the University of Florida by Lavender Suarez, Assistant to the City Engineer, indicates Staff's interest and dedication towards improving personal skills with which the public can be better served. Vice Mayor Pillot continued that the positive actions of city employees are not often publicized; that the opportunity to make public the positive contributions of public servants is appreciated. The city Commission recessed at 6:35 p.m. into the special session of the Community Redevelopment Agency and reconvened as the city Commission at 6:50 p.m. 4. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0980) through (1006) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under New Business, Item No. VIII-1, Request Re: Approval of a loan agreement for Coastal Recovery Centers, Inc., per the request of City Manager Sollenberger. B. Add Under New Business, Item No. VIII-2, Approval Re: Loan Agreement between the City of Sarasota and the Community Redevelopment Agency. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 5. APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF MARCH 3, 1997 = CITY AUDITOR AND CLERK ROBINSON = APPROVED (AGENDA ITEM I) #1 (1010) through (1017) 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 March 3, 1997, are approved by unanimous consent. BOOK 41 Page 14308 03/17/97 6:00 P.M. BOOK 41 Page 14309 03/17/97 6:00 P.M. 6. BOARD ACTIONS: REPORT RE: NUISANCE ABATEMENT BOARD - REPORT RECEIVED; SUPPORTED THE NUISANCE ABATEMENT BOARD TO TAKE ACTION UNDER ITS FULL AUTHORITY TO CLOSE THE SINGLE-FAMILY RESIDENTIAL DWELLING LOCATED AT 1251 16TH STREET (AGENDA ITEM II) #1 (1030) through (2716) Glenda Mock, Chairman of the Nuisance Abatement Board (NAB), Detective Jim Henderson, Sarasota Police Department, and Mark Singer, Attorney, City Attorney's Office, came before the Commission. Ms. Mock stated that a delicate problem, studied by the NAB for the past four months, requires a Commission decision; that Eva Morris, property owner and resident of 1251 16th Street, is 77 years old, partially disabled, and living in conditions unfit for human habitation; that Ms. Morris's grandchildren who reside in the same dwelling on 16th Street are constantly engaged in drug-dealing activities; that although Code Enforcement has levied over $10,000 in fines against the property, no substantive action has been taken; that the NAB has voted to request the Commission to support the closure of the property at 1251 16th Street and direct the City to assist Ms. Morris's relocation to a safe, clean facility. Attorney Singer stated that the Nuisance Abatement Law enacted by the State legislature several years ago gave local governments authority to order closure of a business or structure deemed a nuisance under town or city codes; that the State legislation enables the NAB to order closure of any property from which two or more arrests for sales of narcotics have occurred. Attorney Singer continued that the Second District Court of Appeals recently decided an order of closure filed under the Nuisance Abatement Law can be deemed a temporary taking under the theory of inverse condemnation; that the case before the Court of Appeals involved a lawsuit filed against the City of St. Petersburg after the Nuisance Abatement Law was used as the basis for ordering closure of a motel; that the Second District Court of Appeals determined that, although State legislation provides the government authority to order closure to abate a nuisance, the government is still potentially liable for damages resulting from the closure; that the amount of the damages will be determined by a juryi that the United States Supreme Court recently denied a writ of certiorari when St. Petersburg appealed the decision; that local judges in Sarasota will be bound by the decision as the Second District Court of Appeals has jurisdiction over Sarasota County; that the opinion of the Second District Court of Appeals will stand until a contrary judgment is rendered by a superior court. Attorney Singer further stated that the City Attorney's Office has urged the NAB not to order any structures closed; that the NAB has previously come before the Commission requesting amendments to the Nuisance Abatement Law to provide fines and other sanctions to assist the City in compelling nuisance properties to comply with City codes; that the NAB has achieved great success in enforcing nuisance abatement measures. Attorney Singer continued that the NAB has been unable to obtain compliance for the property owned by Ms. Morris; that the NAB has been urged not to order the structure closed due to the existing adverse court ruling regarding the liability of municipalities ordering closure of private properties; that the NAB continues to feel strongly that Ms. Morris's property should be closed as the benefits gained by neighborhood residents and the City-at-large outweigh the potential cost of closure. Attorney Singer further stated that the City Attorney's Office requested the city Manager to authorize the filing of a lawsuit requesting the Court to enforce an existing order by the NAB; that the NAB had ordered all tenants except Ms. Morris be evicted to end the nuisance and enable the City to bring the structure into compliance with the city's Building Codes; that part of the lawsuit will request action be enforced under the Code Enforcement laws which address nuisance properties; that the City Manager authorized the City Attorney's Office to proceed with the lawsuit requesting the Court to enforce the existing order by the NAB. Attorney Singer stated further that in January 1997, Rhonda Pierce, Executive Director of the Sarasota Housing Authority (SHA), came before the NAB which requested SHA assistance to relocate Ms. Morris; that the SHA, which has had ongoing internal problems, has provided no solution; that Gordon Jolly, the Interim Director of the SHA, recently wrote a letter to the NAB indicating the Morris case is under study; that Mr. Jolly informed the NAB that the SHA and the Police Department will work towards convincing Ms. Morris to complete the application necessary for admittance to SHA property. Commissioner Patterson stated that bills have been filed with the State legislature to delineate more clearly the prerogatives of nuisance abatement boards; that the bills will most likely pass; and asked the potential impact on the City's effectiveness in resolving this specific case? Attorney Singer stated that the proposed bills will not affect the ability of the government to order a structure closed as the Court has already determined the City has authority to do so; however, damages may potentially be awarded to the property owners; that the problem cannot be resolved by the State Legislature as the law of inverse condemnation governing this situation has been established through U.S. Constitutional interpretations. BOOK 41 Page 14310 03/17/97 6:00 P.M. BOOK 41 Page 14311 03/17/97 6:00 P.M. Commissioner Patterson stated that the City Attorney's Office is suggesting a lawsuit based upon existing processes, e.g., enforcement of fines, compliance to codes, etc., should be filed to evict the tenants and force compliance as an alternative to Closure of the property; and asked if the pending legislation will be of any assistance in the lawsuit? Attorney Singer stated that the pending legislation will strengthen existing codes and provide a mechanism enabling the City to make additional changes; that the legislation will not eliminate the City's potential liability for ordering a closure; that Commission approval of the NAB's request irregardless of potential liability to the City may provide the ability to issue an order of closure; however, the tenants may ignore the order; that the City would then add to the pending lawsuit a request to the Court to enforce the closure; that the Court would provide the authority to order the structure closed. Commissioner Patterson asked if the City has the legal ability to order a homestead closed? Attorney Singer stated that the Court has never rendered a decision stating that a homestead cannot be forced to comply under the Nuisance Abatement Law; that the City can enforce the Nuisance Abatement Law against homesteads until a case is decided to the contrary; however, the City will probably not be able to collect the $10,000 code enforcement lien from Ms. Morris. Commissioner Patterson asked who will be forced to relocate if Ms. Morris's homestead is closed? Attorney Singer stated that all residents of the dwelling, including Ms. Morris, will be compelled to relocate. Commissioner Patterson stated that the City would be evicting a property owner from her own home. Attorney Singer stated that is correct; that the NAB requests the closure of the property; that the problem was brought to the attention of and discussed with the City Manager and Deputy City Manager; that the city has never requested the NAB to close the property and has, in fact, specifically requested the NAB not to close the property. Commissioner Dupree asked if the property is actually owned by Ms. Morris? Attorney Singer stated yes. Commissioner Dupree asked if Ms. Morris has been given sufficient opportunity to evict the drug dealers from the property? Attorney singer stated yes. Commissioner Dupree asked if Ms. Morris has the capacity to physically evict the drug dealers? Attorney Singer stated no. Commissioner Dupree asked if Ms. Morris has the financial means to bring the structure into compliance? Attorney Singer stated that Ms. Morris has the financial ability to correct some of the existing violations; however, many problems exist which are beyond her financial capacity to remedy. Commissioner Dupree stated that over 200 applications are currently pending for admittance into SHA property; and asked where Ms. Morris can live until SHA housing becomes available? Ms. Mock stated that Ms. Morris's daughter has consented to take her mother into her home in public housing. Vice Mayor Pillot stated that the Commission must determine two issues: the potential harm to Ms. Morris and the potential financial harm to the City; that the first issue is decided by the commitment by Ms. Morris's daughter to provide housing to her mother; and asked the City's financial risk if the property is ordered closed? Attorney Singer stated that no court precedence exists to provide guidance to the City; that although the City will not admit to any legal liability if the property is ordered closed, the potential for liability does exist; that the property will not be closed permanently; that the property will be closed to prevent the continued sale of drugs from the house, bring the structure into compliance with the Sarasota City Code, and abate the nuisance in the neighborhood; that potential damage will be limited to the cost of Ms. Morris's relocation. Commissioner Patterson stated that Ms. Morris's daughter has consented to take her mother in; and asked if Ms. Morris wishes to relocate into her daughter's home? Attorney Singer stated that Ms. Morris does not wish to relocate. Commissioner Patterson stated that the city has previously offered generous low-interest loans which enable residents to bring homes into compliance; that an agreement should be negotiated with Ms. Morris stipulating that the city will finance improvements to the subject property if a written agreement to evict from the property any person convicted of drug sales is signed. Ms. Mock stated that Ms. Morris will not sign an agreement to evict her grandchildren. BOOK 41 Page 14312 03/17/97 6:00 P.M. BOOK 41 Page 14313 03/17/97 6:00 P.M. Commissioner Patterson asked if confirmation actually exists that Ms. Morris will not evict her grandchildren? Ms. Mock stated yes. Mayor Cardamone stated that she attended the NAB hearing at which this case was presented; that Ms. Morris has become a victim of circumstances in an extremely unusual situation. Ms. Mock stated that Ms. Morris is a victim and a prisoner in her own home. Commissioner Patterson stated that Ms. Morris is apparently a willing victim and a willing prisoner if she refuses to evict her grandchildren. Ms. Mock stated that Ms. Morris suffers from mental illness; that Ms. Morris lacks the energy and stamina required to evict her grandchildren; that the NAB is concerned regarding Ms. Morris's welfare; that the grandchildren not only deal drugs but shoot at passers-by and Police Officers. Commissioner Patterson stated that people convicted of drug offenses should be sentenced to prison; that this case was discussed on Friday, March 14, 1997, with the Police Chief who advised that a specific number of convictions are required before jail time is imposed; that the judicial system is operating a revolving door; that although the concerns of the NAB are shared, closing the property may impose a large potential liability on the City for taking an action to solve a problem which would be better addressed by State laws mandating imprisonment for drug offenders. Mayor Cardamone asked why Ms. Morris's daughter cannot take her mother out of the home immediately? Ms. Mock stated that Ms. Morris's daughter is afraid of possible violent retribution by the grandchildren. Mayor Cardamone asked the potential financial liability to the City? Ms. Mock stated that the value of the house is approximately $25,000 exclusive of code enforcement fines totaling $10,000; that Ms. Morris will not lose any revenue as the grandchildren do not pay rent. Vice Mayor Pillot stated that Ms. Morris's daughter cannot move her mother due to fear of retribution from the grandchildren; and asked if Ms. Morris and her daughter could be escorted safely from the dwelling by Police Officers? Attorney Singer stated that Police Officers would escort the women from the dwelling; however, Ms. Morris does not wish to leave. Vice Mayor Pillot stated that the City must be willing to take some risk; that if not, other law-breakers will infer the threat of potential liability as being sufficient to prevent the City from taking necessary action. Commissioner Dupree asked if Ms. Morris or her daughter are in the Commission Chambers? Ms. Mock stated that the daughter is present in the audience. Commissioner Dupree stated that the judicial system's revolving door has already sent the wrong signal to criminals; that a signal should not be sent to other drug dealers that minimal repercussion can be expected from the City for those engaging in criminal behavior. Commissioner Patterson asked the potential liability to the City by closing the structure? Attorney Singer stated that the City's maximum liability is the total value of the house; however, the liability to the City is expected to be less as the closure will be temporary; that the property is not being seized by the city; that the order for closure will permit eviction of the residents and abatement of the nuisance to the neighborhood. Commissioner Patterson asked how long the structure will be closed? Attorney Singer stated that the NAB's jurisdiction will be imposed for one year. Commissioner Patterson asked if the potential liability would include housing expenses for all current residents? Attorney Singer stated that Ms. Morris, the owner of the property, is the only affected person; that the City is not liable for finding alternate housing for residents who are not currently paying rent to the property owner. Commissioner Patterson stated that the City should not be compelled to fund living expenses for drug dealers. Attorney Singer stated that all necessary measures will be taken to protect the City from paying damages to the other residents; that the Police Department is incurring an ongoing expense as over 56 calls for law enforcement service have been received since the NAB entered the order for the tenants to vacate the property. BOOK 41 Page 14314 03/17/97 6:00 P.M. BOOK 41 Page 14315 03/17/97 6:00 P.M. Commissioner Patterson stated that the city Attorney indicated the City has asked the NAB to accept a lawsuit as an alternate course of action preferable to closure; and asked to whom the city Attorney is referring as "the city"? Attorney Singer stated that the City Manager directed the City Attorney's Office, the Deputy City Manager, and Timothy Litchet, Manager of Zoning and Code Enforcement, to meet with Ms. Mock three months ago to discuss whether or not the Administration could support a recommendation to the NAB to order a house closed; that the decision was made through the Deputy City Manager that the proposed closure could not be supported due to potential liability to the City. Commissioner Patterson stated that the City chose to pursue alternate solutions to the problem three months ago; and asked the status of the alternate actions? Attorney Singer stated that the alternate course of action is to file a lawsuit forcing the property's compliance under the Nuisance Abatement Law, evict the drug dealers, and find Ms. Morris a home in SHA property. Commissioner Patterson asked the recommendation of the City Manager and the City Attorney's Office concerning disposition of this case? Attorney Singer stated that no conference has been held recently with the City Manager and the City Attorney to determine the City's position; that the Administration does not usually come before the Commission to recommend an action which will expose the City to liability, especially an action in which case law has established a precedent; that the Second District Court of Appeals awarded damages against St. Petersburg when the city ordered the closure of a motel. Commissioner Patterson stated that the Commission should not make a decision absent Staff recommendation. City Manager Sollenberger stated that evicting a person from their own home is difficult regardless of the circumstances; however, the circumstances before the Commission are onerous and have created numerous problems for the City; that the Administration is not prepared to provide a recommendation as the issue has not been discussed with the City Attorney's Office; that the issue of ordering a closure of 1251 16th Street should be referred to the Administration for a recommendation at the April 7, 1997, regular Commission meeting. Vice Mayor Pillot stated that the problem should not be permitted to continue another two weeks; that he is prepared to take a risk at this meeting. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to support the Nuisance Abatement Board to take action within its full authority provided that the welfare of Eva Morris is protected. Commissioner Dupree asked what assurance can be provided that the drug-dealing grandchildren will be prevented from moving with Ms. Morris into her daughter's home? Mayor Cardamone stated that no such assurance is available; and asked if the NAB, the City Attorney, or the Police Department have contacted Health and Rehabilitation Services (HRS) or any other social services agencies to remove Ms. Morris from the house or provide counseling services? Ms. Mock stated that a member of the NAB contacted HRS regarding the issue; that the NAB was told that HRS could not interfere in this situation. Detective Henderson stated that HRS investigated and determined no action could be taken against Ms. Morris to resolve the problem; that problems regarding this property have been documented for the past two and one half years on the Police Department computer; that neighborhood residents continue to petition for relief; that numerous arrests have not accomplished any satisfactory results; that a marked Police vehicle parked in front of the house every day from 7:00 a.m. to 11:00 p.m. stopped the drug-dealing for a significant period of time; that an undercover unit subsequently requested the marked vehicle leave the street; that the undercover unit watched the marked vehicle pull off the street, waited a few minutes, and then walked to the front door and purchased cocaine; that the drug transaction is documented in the case history; that relief from the problem does not appear imminent. Commissioner Patterson asked what happened to the case regarding the cocaine sale? Detective Henderson stated that the Police Department gets search warrants, conducts raids, makes the arrests, etc.; that the perpetrators become the Court's responsibility once an arrest is made. Mayor Cardamone stated that the Police Department has built a solid case to justify closure of the house; that the City can go to Court and present evidence of arrests, drug sales, etc.; and asked if neighborhood complainants are available to testify in Court? BOOK 41 Page 14316 03/17/97 6:00 P.M. BOOK 41 Page 14317 03/17/97 6:00 P.M. Detective Henderson stated that no complainant has offered to testify; that testimony from the complainants could be requested. Mayor Cardamone asked if neighborhood residents can be subpoenaed? Detective Henderson stated yes. Mayor Cardamone stated that the motion authorizing the NAB to order closure of the house will be supported; that the recorded history of Police action against the other residents provides the City with a strong case. Commissioner Dupree asked if Ms. Morris has the necessary financial means to afford a residential unit within the SHA? Ms. Mock stated that her daughter present in the audience could provide the financial information; that Ms. Morris is not working. Vice Mayor Pillot stated that personal financial information should not be discussed publicly. Mayor Cardamone stated that Ms. Morris's financial capability will be addressed privately. Commissioner Patterson asked what will occur next if the NAB proceeds with the closure? Attorney Singer stated that Ms. Morris will be required to relocate if the NAB orders the closure of the property; that the lawsuit filed by the City will include a request to the Court to enforce the order of closure if Ms. Morris refuses to vacate the property; that if upheld, the Court would order the property closed and Ms. Morris would be physically removed from the premises. Commissioner Patterson asked how long the process of closure is estimated to take? Attorney Singer stated that the process could last six to nine months if the property owner contests the closure. Commissioner Patterson asked if the city is compelled to pay redress to the property owner? Attorney Singer stated that the issue of financial remuneration to the property owner would be addressed separately from the closure; that the NAB's order of closure will be brought before the Court which will be requested to uphold the closure; that any necessary, contempt actions will then be filed to enforce the Court's order. Commissioner Patterson asked if the closure is compliçated by the fact that a homestead is involved? Attorney Singer stated that the legal issues regarding closure of a homestead are the same as those involved in closing any property. Mayor Cardamone called for a vote on the motion to support the Nuisance Abatement Board to take action within its full authority provided that the welfare of Eva Morris is protected. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to receive the report presented by the Chairman of the Nuisance Abatement Board. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Commissioner Patterson stated that the NAB is requested to provide regular reports updating the Commission regarding the closure of Ms. Morris's property; that the NAB has chosen a particularly difficult case from the perspective of the human issues involved; that the legal issues appear to carry little financial risk to the City. Mayor Cardamone asked the date of the next NAB meeting. Ms. Mock stated that the next meeting of the NAB will be held on March 27, 1997; that regular reports will be provided to the Commission. Commissioner Dupree asked the time frame during which the Police Department received 56 complaints regarding Ms. Morris's property? Attorney Singer stated that 56 complaints have been received since the middle of December 1996. Mayor Cardamone stated that thousands of dollars of City funds have been expended to resolve this problem. Ms. Mock stated that the Police Department and the City have spent thousands of dollars, no progress has been made, and Ms. Morris and the neighborhood are both suffering. Attorney Singer stated that the City Attorney's Office has been extremely successful in the prosecution of eyery case brought before the NAB except this one; that every property owner brought before the NAB has brought their property into compliance; that many successes were achieved without the necessity of a public hearing before the NAB. Mayor Cardamone asked if signage indicating the property is a nuisance will be installed? Ms. Mock stated yes. BOOK 41 Page 14318 03/17/97 6:00 P.M. BOOK 41 Page 14319 03/17/97 6:00 P.M. Commissioner Patterson stated that the issue should have been addressed by the City Manager and the City Attorney prior to coming before the Commission; that Staff recommendation or at least a Staff assessment are necessary to provide guidance to the Commission; that in the future, similar situations should be discussed by the City's top managerial Staff before presentation to the Commission. Attorney Singer agreed. Vice Mayor Pillot stated that appreciation is extended to Ms. Mock and the members of the NAB for doing a difficult but important job. Mayor Cardamone stated that the NAB has been extremely successful in providing extra support to Code and Police Enforcement; that the atmosphere at NAB hearings is serious with undercover Police Officers testifying out of view of the audience; that the hearings are managed extremely well and Attorney Singer does an excellent job. Ms. Mock stated that the last 12 nuisances reported by neighborhood residents or Police Officers have been resolved without public hearings before the NAB. Vice Mayor Pillot stated that the appointed members of the NAB work for no compensation. Commissioner Patterson stated that she has attended an NAB hearing; that the NAB does a superb job. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6 AND 7 APPROVED; (AGENDA ITEM III-A). #1 (2717) through (2762) 1. Approval Re: Award of contract to Fred Derr & Company, Inc., (Bid #97-31) in the amount of $179,502.40 for the Municipal Sidewalks Project 2. Approval Re: Storm Drainage Capital Improvements Prioritization recommendations for Fiscal Year 96/97 3. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract with Florida Pipeline, Inc., Largo, Florida, (Bid #97-38) in the amount of $62,000 for the installation of City-wide water meter replacements 4. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract to Air Masters of Tampa Bay, Inc., (Bid #97-15) in the amount of $130,525 for HVAC Renovations to the City Hall and Annex Buildings 5. Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute a Quit Claim Deed to return a piece of property to the First Church of the Nazarene 6. Approval Re: Amendments to the 1993-94 and 1995-96 Community Development Block Grant to reduce or cancel funding for housing rehabilitation, sidewalks and administration and provide funding for the construction of sidewalks and drainage improvements on 18th Street between Orange Avenue and 301 Highway 7. Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the Funding Agreement between Manatee County and the City of Sarasota on behalf of the Sarasota Bay National Estuary Program, in the amount of $50,000 to support the Sarasota Bay National Estuary Program in Fiscal Year 1997 On motion of Vice Mayor Pillot and second of Vice Mayor Pillot, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 7. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 97R-958) - ADOPTED; ITEM 2 (RESOLUTION NO. 97R-968) - ADOPTED; ITEM 3 (RESOLUTION NO. 97R-969) - ADOPTED; ITEM 4 (RESOLUTION NO. 97R-970) = ADOPTED; ITEM 5 (RESOLUTION NO. 97R-971) - ADOPTED; ITEM 6 (RESOLUTION NO. 97R-972) - ADOPTED; ITEM 7 (RESOLUTION NO. 97R-973) - ADOPTED; AND ITEM 8 (RESOLUTION NO. 97R-975) = ADOPTED (AGENDA ITEM III-B) #1 (2763) through (3720) Mayor Cardamone asked if any Commissioner wishes to remove an item(s) for discussion? Commissioner Patterson requested that Item Nos. 1 and 6 be removed for discussion. City Auditor and Clerk Robinson read proposed Resolution Nos. 97R-968, 97R-969, 97R-970, 97R-971, 97R-973, and 97R-975 in their entirety. 2. Adoption Re: Proposed Resolution No. 97R-968, appropriating $60,000 from the unappropriated fund balance of the bonded L.O.S.T. Fund to fund the additional cost of the HVAC renovations to city hall and the annex; etc. BOOK 41 Page 14320 03/17/97 6:00 P.M. BOOK 41 Page 14321 03/17/97 6:00 P.M. 3. Adoption Re: Proposed Resolution No. 97R-969, appropriating $982,023 from the unappropriated fund balance of the 1991 Water and Sewer System Revenue Bonds to fund construction of the North Trail Area Reclaimed Water Transmission Mains Project; etc. 4. Adoption Re: Proposed Resolution No. 97R-970, appropriating $35,000 from the Special Law Enforcement Trust Fund (Forfeitures) to fund operating expenses for the office space occupied by the Vice/Narcotics Section; etc. 5. Adoption Re: Proposed Resolution no. 97R-971, appropriating $30,000 from the unappropriated fund balance of the General Fund to fund the extension of one full-time temporary Senior Planner II contract for 6 months to March 31, 1998; etc. 7. Adoption Re: Proposed Resolution No. 97R-973, appropriating $80,405 from the unappropriating fund balance of the General Fund to make a loan to the Community Redevelopment Agency for the purpose of partially funding the Streetscape Project of Main Street from Links Avenue to U.S. 301; etc. 8. Adoption Re: Proposed Resolution No. 97R-975, appropriating $65,000 from the unappropriated fund balance of the General Fund to fund settlement of the 14th 19th Street land acquisition from the Seminole Gulf Railroad LTD; etc. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve Consent Agenda No. 2, Items 2, 3, 4, 5, 7, and 8, inclusive. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Patterson, yes; Pillot, yes; Merrill, yes. 1. Adoption Re: Proposed Resolution No. 97R-958, pertaining to the maintenance of fire hydrants located within the City; providing for the effectiveness and enforceability of County Ordinance 88-95, as amended; providing for an affirmative finding that such County ordinance is not in conflict with any City ordinance; etc. (Title Only) Commissioner Patterson stated that the cost of maintaining fire hydrants is estimated at approximately $200,000; and asked if the fire hydrants were maintained by the City before the consolidation of the Fire Department with Sarasota County or if fire hydrants have always been maintained separately by each jurisdiction within the County? City Manager Sollenberger stated that maintenance, flushing, testing, painting, etc., of fire hydrants was performed by the Fire Department prior to the consolidation with the County; that maintenance of fire hydrants is provided through the Utilities Department of each jurisdiction which receives fire service from the County's consolidated Fire Department; that the City's responsibility for maintaining the fire hydrants is included in the interlocal agreement between the City and the County. Commissioner Patterson asked if maintenance of fire hydrants is funded by the fire assessment fee in the unincorporated areas? City Manager Sollenberger stated no; that the funding for maintenance of fire hydrants in the unincorporated areas is included in the utility rates. City Auditor and Clerk Robinson read proposed Resolution No. 97R-958 by title only. On motion of Commissioner Merrill and second of Vice Mayor Pillot, it was moved to approve Consent Agenda No. 2, Item 1. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 6. Adoption Re: Proposed Resolution No. 97R-972, tentatively awarding a contract for the construction of the North Trail Area Reclaimed Water Transmission Mains to Kuxhausen Construction, Inc.; providing that award is subject to regulatory approval; authorizing execution of the contract documents by the Mayor and city Auditor and Clerk after regulatory approvals have been given; etc. (Title Only) Commissioner Patterson stated that proposed Resolution No. 97R-972 addresses construction of reclaimed water transmission mains in the North Tamiami Trail Area; and asked if the North Tamiami Trail was not recently torn up to install sewer lines? city Manager Sollenberger stated that is correct; that the reclaimed water transmission mains will not be installed on North Tamiami Trail; that the lines will be installed on Central Avenue, 14th Street, Lemon Avenue and 32nd Street, Old Bradenton Road, Mecca Drive, Myrtle Street, and Royal Palm Avenue. Douglas Taylor, Environmental Resources Manager, came before the Commission and stated that the project will start at 10th Street and Central Avenue, proceed up Central Avenue to Dr. Martin Luther BOOK 41 Page 14322 03/17/97 6:00 P.M. BOOK 41 Page 14323 03/17/97 6:00 P.M. King, Jr., Way, and then continue up Old Bradenton Road to Myrtle Street. Mayor Cardamone stated that the proposed water transmission mains will eventually be linked to those already installed on Central Avenue below 10th Street. Mr. Taylor stated that is correct; that the proposed water transmission mains will link up with the medians on North Tamiami Trail and cross U.S. 41 at 14th Street, Myrtle Street, and Mecca Drive; that the reclaimed water transmission mains already installed along U.S. 41 provide irrigation for the landscaped medians on U.S. 41; that installing the proposed mains at specific streets crossing U.S. 41 will permit future expansion of the system into the residential area around Bayshore Road and the Ringling Museum. Mr. Taylor continued that the project has been scheduled into construction segments; that the entire area from 10th Street to the Sarasota-Bradenton International Airport will not be torn up at the same time; that the contractor will be permitted to tear up only two construction segments at any one time and must restore and repave the street before proceeding to the next segment; that the traffic plan prepared by the contractor was submitted to the Engineering Department which approved the barricade plan and necessary detours; that one lane will remain open at all times on Central Avenue and Old Bradenton Road. Commissioner Dupree asked if businesses abutting the streets involved in the projects will be hindered from normal operations and if the surfaces of the streets will be improved? Mr. Taylor stated that Staff will inspect the projects and coordinate the contractor's work with individual business owners; that access to the businesses will be maintained; that few problems occurred with the project on Osprey Avenue which was considerably more difficult than what is expected on Central Avenue; that the Engineering Department will determine whether the full width or the half width of each street should be paved; that some streets in the area stretching from 10th Street north to 15th Street will require a full-width replacement due to damage from heavy traffic in recent years. Commissioner Patterson stated that neighborhood residents serviced by Old Bradenton Road have requested striping for bicycle lanes; and asked if the striping will be provided? Mr. Taylor stated that striping for bicycle lanes could be provided by coordinating the project with the Engineering Department. City Manager Sollenberger stated that the $1 million funding the North Trail Area Reclaimed Water Transmission Mains is the balance of the Federal Grant, which was one of the last Federal Grants available to local governments and was provided to the City 10 years ago to install the reuse system; that this project will exhaust those funds; that the Federal government currently offers loans rather than grants; that grants have been used in lieu of rate increases to fund environmentally beneficial projects. Commissioner Dupree asked for details regarding provisions for awarding contracts to minority contractors, subcontractors, and laborers? Mr. Taylor stated that Federally-funded projects such as construction of the North Trail Area Reclaimed Water Transmission Mains have minority requirements in excess of the City's guidelines; that the project falls under the Davis Bacon Act which reformed the wage and hour rules regarding Federal projects. Commissioner Dupree asked if the City has an established policy regarding minority hiring? Mr. Taylor stated yes; that a set of guidelines established by the city require contractors to provide 10-percent minority participation on all contracts. Vice Mayor Pillot stated that the Administration and Staff are commended for the recent Sarasota Herald-Tribune article reporting on the excellent condition of the City's water supply in an unusually dry winter season; that the reclaimed water mains will contribute significantly to water conservation; that millions of gallons of potable water currently used for landscaping, etc., will be replaced by reclaimed water. Mr. Taylor stated that the Ringling School of Art and Design, which currently uses well water, will link into the reclaimed water mains; that the reclaimed water will be available to people currently using both potable and well water. Vice Mayor Pillot stated that Staff's efforts, supported by the Commission, are responsible for the city advancing ahead of other jurisdictions in making reclaimed water widely available to the public; that the City is also ahead of other jurisdictions for supplying a strong, long-range potable water program to the residents. City Auditor and Clerk Robinson read proposed Resolution No. 97R-972 by title only. BOOK 41 Page 14324 03/17/97 6:00 P.M. BOOK 41 Page 14325 03/17/97 6:00 P.M. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve Consent Agenda No. 2, Item 6. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes. Vice Mayor Pillot left the Commission Chambers at 7:55 p.m. Mayor Cardamone requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. Vice Mayor Pillot returned to the Commission Chambers at 8:00 p.m. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3991, APPROVING SUBSTITUTION OF PRELIMINARY SITE AND DEVELOPMENT PLAN 97-PSD-07 TO PERMIT THE CONSTRUCTION OF A SEVENTY-EIGHT (78) UNIT MARRIOTT RESIDENCE INN MOTEL IN AN EXISTING COP ZONE DISTRICT IN LIEU OF THE PREVIOUSLY APPROVED SITE AND DEVELOPMENT PLAN 90-W WHICH HAD PERMITTED CONSTRUCTION OF A SHOPPING CENTER; AND APPROVING PRELIMINARY SITE AND DEVELOPMENT PLAN 97-PSD-07 FOR CONSTRUCTION OF A 78-UNIT MARRIOTT RESIDENCE INN MOTEL ON PROPERTY LOCATED ON THE SOUTH SIDE OF UNIVERSITY PARKWAY (FORMERLY DESOTO ROAD) EAST OF AND ADJACENT TO ROYAL PALM AVENUE WITH A STREET ADDRESS OF 1040 UNIVERSITY PARKWAY; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NOS. 97-CO-04 & 97-PSD-07 PETITIONER BRUCE E. FRANKLIN AS AGENT FOR MCKIBBON HOTEL GROUP, INC.)- PASSED ON FIRST READING (AGENDA ITEM IV-1) #2 (0130) through (0502) Jane Robinson, Director of Planning and Development, came before the Commission, displayed on the overhead projector a Preliminary Site and Development Plan of the project, and stated that proposed Ordinance No. 97-3991 is a request to modify Ordinance No. 90-3445, adopted on January 21, 1992, which rezoned the property located at 1040 University Parkway from Multiple-Family, Residential (RMF)-2 to Commercial Office Park (COP); that Petitions 90-CO-08 and 90-W were submitted and approved to allow the construction of a shopping center on the site in 1992; that Petition 97-PSD-07, a Preliminary Site and Development Plan, submitted in conjunction with Conditional Rezoning Petition 90-C0-04, has been filed to permit the construction of a 78-room motel on approximately 2.49 acres of the eastern portion of the propertyi that the Planning Board/Local Planning Agency (PBLP) found Petition Nos. 97-PSD-07 and 97-CO-04 consistent with the Sarasota City Plan and the Tree Protection Ordinance and recommended approval subject to the petitioner's withdrawal of the previous site and development plan for a shopping center and the proffer of an agreement that the walls on both the south and east boundary lines, contiguous to the residential areas, be finished on both sides; that the Development Review Committee (DRC) studied the site and development plan from a technical perspective relating only to the various requirements of City codes. Bruce Franklin, Land Resource Strategies, and David Hughes, President, McKibbon Hotel Group, Inc., came before the Commission. Mr. Franklin stated that the 4.5-acre parcel at the corner of University Parkway and Royal Palm Avenue was rezoned in 1992 from the RMF-2 to the COP Zone District to permit construction of a 45,000 square-foot shopping center which was never developed; that the McKibbon Hotel Group, Inc., acquired the property to develop a Marriott Residence Inn Motel; that Petition No. 97-PSD-07 is a Preliminary Site and Development Plan which amends the previously approved shopping center plan to reflect a hotel development; that Petition No. 97-PSD-07 addresses only the eastern half of the property; that the western half of the parcel, not proposed for development at this time, will proceed through the development approval review process for PBLP and Commission review if development is requested in the future; that the Preliminary Site and Development Plan for the eastern portion reflects a three-story motel; that a three- to five-foot height variance was granted by the Board of Adjustment to allow construction of a pitched roof; that a traffic analysis showed sufficient capacity exists on University Parkway with no negative impact expected on the traffic in the surrounding neighborhoods; that commitments regarding a wall and buffer along the southern portion of the property made by the developer of the preyiously-approved shopping center were reaffirmed by the petitioner at a meeting of neighborhood residents; that the landscaping buffer has been included in the petition as a stipulation for Commission approval. Mr. Hughes stated that the 78-room Marriott Residence Inn Motel, featuring one-, two-bedroom, and studio suites, will cater to extended-stay travelers; that the McKibbon Hotel Group, Inc., operates many hotels in Florida and Georgia. Mr. Hughes continued that the concerns of residents regarding landscaping buffers were alleviated at the neighborhood meeting; that a great deal of green area will be provided around the grounds of the motel; that the parking lot has been designed around landscaped areas; that the original design of the motel was changed to retain a canopy of large trees along the side of the building BOOK 41 Page 14326 03/17/97 6:00 P.M. BOOK 41 Page 14327 03/17/97 6:00 P.M. adjacent to Tri-Par Estates, a mobile home community; that a residential rather than commercial ambiance will be prevalent as the motel will cater to extended-stay travelers; that the Marriott Residence Inn Motel will provide an excellent asset to the community. 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 entered the following documents into the record: City of Sarasota Zoning Code Sarasota City Code City of Sarasota Comprehensive Plan (Sarasota City Plan) Engineering Design Criteria Manual Standard Building Code (1994 Edition) with Appendices A,D,F,H,J & M and City of Sarasota local amendments All documents made a part of the record at the PBLP meeting of February 5, 1997 as well as the minutes of that meeting The Site and Development Plan and Application for Conditional Rezoning submitted by the Petitioner City Auditor and Clerk Robinson read proposed Ordinance No. 97-3991 by title only. City Manager Sollenberger stated that the Administration does not make recommendations on quasi-judicial matters. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 97-3991 on first reading. Commissioner Patterson stated that the resident-motel concept has been well received by the community; that similar developments in the City should be encouraged. Commissioner Merrill stated that the development will feature a pitched roof for which a variance from the Board of Adjustment was required; that the proposed Land Development Regulations (LDRs) should be written to encourage and permit pitched roofs; that a variance from the Board of Adjustment should not be required to provide an architectural amenity. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes. 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3992, CONDITIONALLY REZONING PROPERTY FROM RMF-2 ZONE DISTRICT TO G ZONE DISTRICT AND TO APPROVE FINAL SITE AND DEVELOPMENT 97-PSD-08 TO PERMIT A STORMWATER RETENTION AREA AND PROVIDE A LANDSCAPED OUTDOOR RECREATION SPACE FOR USE BY THE RESIDENTS OF J.H. FLOYD SUNSHINE MANOR (AN ADULT CONGREGATE LIVING FACILITY) IN CONJUNCTION WITH EXISTING FACILITIES ON THE FOLLOWING DESCRIBED PROPERTY: SAID PROPERTY LIES ON THE NORTH SIDE OF 181H STREET EAST OF NORTH OSPREY AVENUE WITH A STREET ADDRESS OF 1835 18"H STREET, SARASOTA, FLORIDA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NOS. 97-CO-05 & 97-PSD-08, PETITIONER DANIEL S. SAGAN, REPRESENTING J.H. FLOYD SUNSHINE MANOR) - PASSED ON FIRST READING (AGENDA ITEM IV-2) #2 (0507) through (0862) Jane Robinson, Director of Planning and Development, came before the Commission, displayed on the overhead projector a Preliminary Site and Development Plan of the project, and stated that proposed Ordinance No. 97-3992 is a request to conditionally rezone the property located at 1835 18th Street from the Multiple-Family, Residential (RMF)-2 Zone District to the Governmental Use (G) Zone District; that Petition No. 97-PSD-08, a Preliminary Site and Development Plan submitted in conjunction with Conditional Rezoning Petition No. 97-CO-05, has been filed to permit the construction of a retention pond and landscaped open space on the eastern portion of the property; that the retention pond will provide drainage for stormwater run-off from the property at 1755 18th Street on which the facilities of J.H. Floyd Sunshine Manor, Inc., are located; that the Planning Board/Local Planning Agency (PBLP) found Petition Nos. 97-PSD-08 and 97-CO-05 consistent with the Sarasota City Plan and the Tree Protection Ordinance and recommended approval subject to the stipulation that the Commission shall consider rezoning the property from a G Zone District back to the original RMF-2 Zone District if the lease between the City of Sarasota and J.H. Floyd Sunshine Manor, Inc., is terminated or the quasi-judicially approved land use of the subject property ceases. Commissioner Patterson asked the size of the parcel? Ms. Robinson stated that the acreage is approximately 5,000 square feet. Robert Stinett, representing the Board of Directors of J.H. Floyd Sunshine Manor, Inc., and Daniel Sagan, Architect for the project, came before the Commission. Mr. Sagan stated that the 50- by 150-foot adjacent parcel was purchased during the design of the J.H. Floyd Sunshine Manor, an Adult Congregate Living Facility (ACLF) due to be completed in one BOOK 41 Page 14328 03/17/97 6:00 P.M. BOOK 41 Page 14329 03/17/97 6:00 P.M. month; that inaccuracies discovered in the existing surveys when the design was nearly completed revealed that 10 feet of property would be lost from the original site and development plan; that the retention pond was originally designed for location on the 10 feet of land which became unavailable due to the revised surveyi that a decision was made to construct the retention pond on the newly- purchased parcel; that the retention pond will be approximately 20 by 40 feet and one-foot deep, approximately the size of a three-car garage; that the rezoning is requested as water from one zone district cannot legally flow onto another zone district. Mr. Stinett stated that the price of the recently purchased property was $15,000; that the total value of the various facilities comprising J.H. Floyd Sunshine Manor, Inc., is approximately $8 million; that the facilities, located on land leased from the city, perform a valuable function which the City would otherwise lack; that J.H. Floyd Sunshine Manor, Inc. leased the property from the City 34 years ago for $1 per year; that the lease was subsequently amended when the facilities expanded, this being the sixth major expansion; that J.H. Floyd Sunshine Manor, Inc., is on sound financial footing with excellent management in place; that the Board of Directors is pleased with the progress of construction of the ACLF. Mayor Cardamone asked if the one-foot deep retention pond will be dry most of the time? Mr. Sagan stated that the retention pond is designed to be dry; that the bottom of the pond is at the same level as the swale which connects to the entire stormwater drainage system; that the retention pond is intended to convey rather than store water. Mayor Cardamone asked if recreation trails will be designed around the retention pond? Mr. Sagan stated that an enclosed courtyard provides recreational opportunities; that the physically restricted residents of the ACLF will enjoy recreational activities such as strolling or sitting. Mr. Stinett stated that J.H. Floyd Sunshine Manor, Inc., features a campus of associated facilities; that a person requiring financial assistance can enter the subsidized housing section located next to the ACLF; that residents whose health deteriorates will be able to relocate to the ACLF which will open soon; that the nursing home has been awarded a superior rating, the highest awarded by the State, for five years in a row. Mayor Cardamone stated that J.H. Floyd Sunshine Manor, Inc., provides wonderful facilities; that the new additions are impressive; and asked the number of residents? Mr. Stinett stated that 101 individuals reside in the nursing home; that over 60 apartments exist in the J.H. Floyd Sunshine Village; that the ACLF will accommodate 47 residents; that other properties are currently being inspected for possible purchase; that proposals for additions to the facilities will be returned for Commission approval in the future. Commissioner Patterson stated that properties in the G Zone District should not belong to non-governmental organizations; that the petitioner's request for rezoning to a G Zone District will be supported as stormwater is not permitted to run from one zone district to another; that the request to enable construction of a retention pond should be accommodated; that site and development plans will undergo a less arduous approval process in the future after the Land Development Regulations (LDRS) rewrite is completed; that criteria will be developed to determine the appropriate land use for G Zone Districts; that approving or denying petitions for development of G Zone District properties which could negatively impact surrounding neighborhoods is difficult absent sufficient criteria; that rezoning properties to the G Zone District for non-governmental organizations will not be supported in the future; that alternative methods should be developed. Mr. Stinett stated that the matter will be taken under advisement. Mayor Cardamone stated that the Commission has great expectations from the LDRS rewrite. 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 entered the following documents into the record: City of Sarasota Zoning Code Sarasota City Code City of Sarasota Comprehensive Plan (Sarasota City Plan) Engineering Design Criteria Manual Standard Building Code (1994 Edition) with Appendices A,D,F/H,J & M and City of Sarasota local amendments All documents made a part of the record at the PBLP meeting of February 5, 1997 as well as the minutes of that meeting The Site and Development Plan and Application for Conditional Rezoning submitted by the Petitioner City Auditor and Clerk Robinson read proposed Ordinance No. 97-3992 by title only. BOOK 41 Page 14330 03/17/97 6:00 P.M. BOOK 41 Page 14331 03/17/97 6:00 P.M. City Manager Sollenberger stated that the Administration does not make recommendations on quasi-judicial matters. On motion of Commissioner Dupree and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 97-3992 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. 11. CITIZENS INPUT CONCERNING CITY TOPICS - REFERRED BAYFRONT PARKING ISSUES TO ADMINISTRATION FOR REPORT BACK (AGENDA ITEM VI) #2 (0863) through (1320) William Shaw, 1216 Central Avenue (34236), came before the Commission. Mayor Cardamone stated that she met Mr. Shaw in City Hall this morning and invited him to come before the Commission at this meeting. Mr. Shaw stated that the recently imposed parking regulations at the Bayfront are unfair and may even impose a hardship on some people; that he lives aboard a boat moored in the Bay and is not allowed to park his vehicle overnight; that the vehicle must be parked over one-quarter mile away during the day; that others share the same predicament; that members of the general public also use the parking lot; that limiting parking to two hours is overly restrictive; that City residents should be permitted to enjoy a public park for more than two hours; that the newly-installed signage is misleading; that the signs appear to either require a permit or limit parking to two hours; that people wanting to take a half-day fishing trip will be hindered from doing so; that the parking requirements could provide more flexibility and the signage made clearer; that relief is requested; that although he will be moving out of the City soon, other residents who will not come before the Commission will be affected. Mr. Shaw continued that people may live on a boat to avoid being homeless and others require a place to park vehicles while at work; that the parking regulations are negatively affecting many residents; that Marina Jack, which manages the issuance of permits, refuses to issue permits to anyone who is not a patron of Marina Jack's. Mayor Cardamone stated that the Commission took no action at the January 21, 1996, regular Commission meeting at which the Bayfront Parking Regulations Plan was presented; that four complaints have been received regarding the new parking regulations; that the employees of a business on lower Main Street found vehicles ticketed for violating the two-hour limit; that neither the owners or the employees of O'Leary's Sarasota Sailing School have any place to park; that a problem has been inadvertently created which requires a solution; that the parking program is not working well; that the matter should be studied by the Administration; and asked if other complaints have been received from the public? Vice Mayor Pillot stated that a complaint which has since been amicably resolved was brought to his attention by a charter boat owner who conducts fishing expeditions; that an inference was made that people who take fishing trips are denied parking which is incorrect; that people taking fishing expeditions can pull vehicles to the parking area near the boats, unload gear, request a parking permit from the Captain for placement on the dashboard of the vehicle, drive 200 feet, and park their vehicles without incident. Commissioner Patterson asked if the parking permits at Marina Jack are issued by Jack Graham, owner of Marina Jack, rather than the City? City Manager Sollenberger stated that is correct. Commissioner Patterson stated that Commission acceptance of the Bayfront Parking Regulations Plan is remembered; however, authorizing Mr. Graham to issue parking permits is not recalled. Deputy City Manager Schneider stated that the parking permit process began at the same time as the implementation of the entire Bayfront Parking Regulations Plan including restricted parking areas, 2-hour limitations, etc.; that the parking plan was implemented last month after the Commission accepted the plan. Commissioner Patterson asked if Mr. Graham receives income from the parking permits? Deputy city Manager Schneider stated that the parking permits generate no income. Commissioner Patterson asked if the Bayfront parking permits are different from those issued in City parking lots? Deputy city Manager Schneider stated yes; that the permits issued on the Bayfront are time-based; that one section of the lot permits four-hour parking and another section is for parking for employees of O'Leary's; that one area of the parking lot is reserved for people with boat slips at Marina Jack's; that no fee is charged for the parking permits; that Mr. Graham issues and manages the parking permits. BOOK 41 Page 14332 03/17/97 6:00 P.M. BOOK 41 Page 14333 03/17/97 6:00 P.M. Commissioner Patterson asked if the Commission voted to give Mr. Graham control of the parking at the Bayfront? Mayor Cardamone stated that the Commission did not vote on the issue but only accepted the parking plan. Deputy City Manager Schneider stated that the Bayfront Parking Regulations Plan is flexible; that the Commission was advised adjustments would be made if problems arose with insufficient parking spaces or restricted time limits. On motion of Commissioner Merrill and second of Vice Mayor Pillot, it was moved to refer the issue of Bayfront parking to the Administration to return with a status report. Mayor Cardamone stated that 83 parking spaces with no parking limit except from 2:00 a.m. to 6:00 a.m. are available; that the early morning prohibition prevents people who live aboard boats from parking their vehicles overnight; that 137 parking spaces offer unlimited parking by permit only; that a resident characterized the permitting process as awkward; that four residents have telephoned complaining about the Bayfront Parking Regulations Plan; that an individual who owns a business on St. Armands Key also owns businesses in several other waterfront communities in Florida; that the business owner oversees his businesses by traveling from one waterfront community to the next by boat rather than by driving overland by car; that the parking permit received from Marina Jack compelled the business owner to park in the furthest section of the parking lot; that some resolution of the existing problems should be presented by the Administration at the April 7, 1997, regular Commission meeting; however, some of the problems require immediate attention. Mr. Shaw asked if enforcement of the Bayfront Parking Regulations Plan could be suspended until the problems are resolved? Vice Mayor Pillot stated that he strongly opposes suspending enforcement of the parking program. Mayor Cardamone requested an opinion from Staff. Deputy City Manager Schneider stated that enforcement of the Bayfront Parking Regulations Plan should not be suspended; that suspension would require all signage be removed or covered; that enforcement should continue until the status report is returned to the Commission at which time necessary action can be taken. Mayor Cardamone asked if a permit for the next two weeks could be issued to Mr. Shaw? Vice Mayor Pillot stated that Mr. Shaw should request a permit from the dockmaster. Mr. Shaw stated that the dockmaster refuses to issue him a parking permit. Commissioner Patterson stated that the parking permits are issued by the dockmaster only to tenants or visitors of Marina Jack's or O'Leary's; that others are not issued a permit. Mr. Shaw stated that the parking plan affects any resident with a boat moored at the Bayfront, whether live-aboard or not; that a City resident who wants to go sailing for more than two hours cannot park at the Bayfront. Commissioner Patterson stated that she has not received any complaints; that the Commission should wait two weeks to get the report back from the Administration before taking any action. Commissioner Merrill stated that the proposal to authorize Marina Jack to issue the permits was cause for concern when the Bayiront Parking Regulations Plan was first presented to the Commission; that a conscious attempt to affect live-aboards negatively appears to be the intent; that the Commission gave control of 24-hour parking on the Bayfront to one individual and specified that the privilege applies only to tenants of that individual. Mayor Cardamone stated that the minutes of the January 21, 1996, regular Commission meeting read as follows: "Commissioner Patterson asked if people who dock boats in Sarasota Bay for extended periods of time will be issued permits for parked vehicles? Mr. Daughters stated yes." Commissioner Merrill stated that provision should be made for live-aboards and City residents who may wish to park for more than two hours. Mr. Shaw stated that the location of the parking space is not a hardship; that he is allowed to park in a section of the Bayfront parking lot approximately one-quarter mile north of the Marina Plaza; however, parking is prohibited from 2:00 to 6:00 a.m. to anyone lacking a permit; that vehicles can be left at the Bayfront parking lot all day but must be removed between 2:00 and 6:00 a.m.; that parking is still currently available in the Gulfstream Boulevard dead end in front of the Episcopal Church; however, signs will soon be installed to prohibit overnight parking in that location as well; that vehicles can be left in the Gulfstream Boulevard dead end until the signage is installed. BOOK 41 Page 14334 03/17/97 6:00 P.M. BOOK 41 Page 14335 03/17/97 6:00 P.M. Mayor Cardamone stated that a short-term solution to the problem will be provided. Mr. Shaw stated that others who have been negatively affected by the parking program will be informed to park in the Gulfstream Boulevard dead end. Commissioner Merrill stated that the City should allow parking places for people who enter the city by boat. Mayor Cardamone stated that the City Engineer assured the Commission at the January 21, 1996, Commission meeting that parking permits would be issued. Commissioner Patterson stated that a limited number of spaces should be made available and people charged for overnight parking as are other residents who use public parking; that parking permits obtained by paying a fee are not restricted by time limits; that merchants who pay City taxes have to pay for parking. Mr. Shaw stated that paying for a parking permit poses no problem; that the suggestion is fair. Vice Mayor Pillot asked if charging for parking permits will be reviewed in the Administration's status report? Commissioner Merrill stated that the matter should be included in the report; and thanked Mr. Shaw for bringing the issue to the Commission's attention. Mayor Cardamone called for a vote on the motion to refer the issue of Bayfront parking to the Administration to return with a status report. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 12. UNFINISHED BUSINESS: STATUS REPORT RE: BAYFRONT BICYCLE/PEDESTRIAN CORRIDOR = DIRECTED THE ADMINISTRATION TO STUDY DESIGN AND FUNDING FOR OVERHEAD BICYCLE/ PEDESTRIAN PATH ACROSS U.8.41 NEAR MISSION HARBOR, CONTACT THE NATIONAL ESTUARY PROGRAM REGARDING A HERITAGE TRAIL, NEGOTIATE EASEMENTS FOR BOARDWALK BICYCLE PATH ON BAYFRONT IN FRONT OF BAYS BLUFF, AND REVIEW STATUS OF EASEMENT BEHIND WINGS BEACHWARE STORE ON U.S. 41 (AGENDA ITEM VII-1) #2 (1323) through (2495) Asim Mohammed, Assistant City Engineer, and Alexander Boudreau, P.E., Senior Civil Engineer, came before the Commission. City Manager Sollenberger congratulated Mr. Boudreau for passing the State examination for certification as a Licensed Professional Engineer (P.E.) on February 20, 1997. Mr. Mohammed : stated that the report on the Bayfront Bicycle and Pedestrian Corridor will focus on the current status of the project, the potential alignment of the bicycle route, and future plans for bicycle and pedestrian corridors; that the terms "bicycle lanes" and "bicycle paths" will be used throughout the presentation; that a bicycle lane is a portion of pavement on the side of the roadway designated with a white stripe and symbol for the use of bicycles; that a bicycle path is a right-of-way used exclusively by bicyclists and pedestrians and is physically separated by railings, curbing, or landscape buffers from the street used by vehicular traffic; that bicycle paths have been developed on Longboat Key and the Bayfront. Mr. Mohammed continued that the Commission assigned a high priority in 1993 to providing a continuous bicycle and pedestrian path between Siesta Key and the University of South Florida (USF)/New College; that in 1994, Staff filed an Intermodal Surface Transportation Efficiency Act (ISTEA) Enhancement Grant request entitled the Bayfront Bicycle and Pedestrian Corridor with the Florida Department of Transportation (FDOT); i that funding was requested for an 8-foot sidewalk/bike path from Bayfront Park to USF/New College including bridges, lighting, landscaping, and signs; that FDOT accepted the proposal but could allocate only $748,000 for Phase I of the project extending from Bayfront Park to Whitaker Bayou for Fiscal Year (FY) 1999/2000; that Phase II which was to begin at Whitaker Bayou and end at USF/New College was also approved for funding; however, the funding would not become available until FY 2001/02; that changes were brought about in FDOT's schedule when Commissioners Patterson and Merrill who sit on the Metropolitan Planning Organization (MPO) convinced the MPO to transfer the $618,000 originally allocated for the John Ringling Towers (JRT) sidewalk project, postponed due to a legal dispute, to Phase II of the Bayfront Bicycle and Pedestrian Corridor; that FDOT will fund the entire project for $1,366,000 in FY 1999/2000. Mr. Mohammed further stated that providing a convenient bicycle path for both leisurely bicyclists and commuters is the City's goal; that a bicycle path routed along the Bayfront will provide beautiful scenic vistas for the public's enjoyment; that although keeping the bicycle path away from high traffic corridors would be ideal, certain segments of the bicycle path must be routed along U.S. 41 due to the lack of available rights-of-way. Mr. Boudreau exhibited a map on a display board and referred to landmark locations such as the Ringling School of Art and Design, the Van Wezel Performing Art Hall (VWPAH), etc. Commissioner Patterson asked the location of Sun Circle Park? BOOK 41 Page 14336 03/17/97 6:00 P.M. BOOK 41 Page 14337 03/17/97 6:00 P.M. Mayor Cardamone stated that Sun Circle Park is located near Indian Beach/Sapphire Shores. Commissioner Patterson stated that a bicycle path on the Bayfront could be designed in that area as the City currently has a right-of-way in Sun Circle Park. Mr. Mohammed stated that Staff will study the suggestion. Mr. Boudreau stated that field trips were conducted when the preliminary alignment of the project was studied; that an attempt was made to keep the bicycle path on the public right-of-way and away from high traffic corridors such as U.S. 41; that the City will attempt to obtain an easement from a private property owner in one segment of the route on which the right-of-way on U.S. 41 is too narrow for a bicycle path. Mayor Cardamone asked the location of the problem segment? Commissioner Patterson stated that the segment is in the vicinity of the Bays Bluff Condominium and Charles Githler's property located on the west side of U.S. 41 between 12th and 14th Streets. Mr. Boudreau stated that difficulties have also been encountered with alignment of the bicycle path on U.S. 41 near the Quay by the boat ramps between Whitaker Gateway Park and Sylvan Drive. Commissioner Patterson asked if the bicycle path will be routed along the Bayfront behind the JRT? Mr. Boudreau stated no; that the bicycle path will be routed on U.S. 41 in front of the JRT. Mr. Mohammed stated that the bicycle path will be routed past Cedar Point Drive to First Street and then onto U.S. 41; that attempts to obtain easements from the owners of property behind the JRT and owners of the Quay property have been unsuccessful; that the City has accepted the futility of pursuing easements from those property owners. Commissioner Patterson stated that in the 1970s, the City surrendered an easement which ran across the property behind the JRT. Mayor Cardamone stated that an easement still exists behind the building housing the Wings Surf and Sport beachwear store on U.S. 41. Commissioner Patterson requested that Staff review the status of the referenced easement. Mr. Mohammed stated that the status of the easement will be reviewed. Mr. Boudreau stated that narrow rights-of-way along U.S. 41 pose some problems; that bicycle and pedestrian traffic will be routed in a narrow right-of-way and, at the same time, bicycle traffic will be proceeding in the direction of oncoming traffic; that constructing the bicycle path adjacent to vehicular traffic could be confusing to both drivers and bicyclists. Mayor Cardamone stated that the awkward routing appears unavoidable. Commissioner Patterson stated that sufficient width to construct a bicycle path is not available on the public right-of-way in front of the JRT. Mr. Mohammed stated that the bicycle path must be constructed in front of the JRT if the route is to be kept west of U.S. 41; that signs indicating the presence of bicycles sharing the roadway with vehicles will be installed. Mr. Boudreau stated that easements on private property wili be pursued on other segments to keep the bicycle path routed away from U.S. 41; that the project is five miles long from Selby Gardens to Indian Beach Drive and 1.7 miles from Indian Beach Drive to USF/New College. Mr. Mohammed stated that Mr. Boudreau, an avid bicyclist and former President of the Bicycle Club, commutes to City Hall on a bicycle everyday and is aware of the problems and challenges faced by the City. Mr. Mohammed continued that the Bayfront Bicycle and Pedestrian Corridor study presented at this meeting is in the preliminary stages; that a consultant will be hired to conduct a survey of the width of the rights-of-way, the width of the streets, the amount of pavement available for striping, etc.; that a refined version of the proposed bicycle path will be presented upon completion of a survey to neighborhood residents and property owners directly affected by the project; that public input may produce suggestions for alternate alignments; that the project will then be returned to the Commission with a number of options for the. alignment of the bicycle path; that in March 1998, a proposed Bayfront Bicycle and Pedestrian Corridor Plan will be presented to the FDOT who will immediately begin the design of the project according to FDOT standards; that the bicycle path will be Federally funded and, in accordance with Federal regulations, must be designed and constructed by the FDOT; that Staff will work closely with FDOT during the design and construction phases. BOOK 41 Page 14338 03/17/97 6:00 P.M. BOOK 41 Page 14339 03/17/97 6:00 P.M. Commissioner Patterson stated that a way should be found to construct the segment of the bicycle path located in the vicinity of Bays Bluff Condominiums directly on the Bayfront; that beautiful scenic vistas should be provided for the public; that Mr. Githler has a problem with an easement owned by Bays Bluff which runs through the middle of his property; that Mr. Githler is agreeable to negotiating an access to his property from the City-owned Franklin Manor property; that an easement should be negotiated with Mr. Githler before a development is planned and funded for construction on his propertyi that Bays Bluff Condominium residents are eager to arrange a grander access to their condominium than what currently exists; that the financial penalty would be enormous if the City were to take a portion of the Bays Bluff Condominium's waterfront property through eminent domain; that the taking may not be politically possible. Commissioner Patterson continued that the City should investigate the possibility of taking some of the Bay bottom in front of the Bays Bluff Condominium by eminent domain; that the City could construct a boardwalk for a bicycle and pedestrian path along the Bayfront in such a way as to prevent access to the private Bay Bluffs Condominium property; that the bicycle and pedestrian path could be routed along the Bayfront in front of the Bays Bluff Condominium. Commissioner Patterson further stated that credit should be given to Staff for lobbying FDOT for the project's funding; that the request for the project's funding presented to the MPO by her and Commissioner Merrill was prepared and the City's position developed in advance by Staff; that Staff did an excellent job in preparing the funding request for the City. Commissioner Merrill stated that Commissioner Patterson's suggestion to construct a boardwalk to be utilized as a bicycle and pedestrian path on the Bayfront in the segment between Centennial and Whitaker Gateway Parks is supported; that the City should negotiate public access with private property owners; that a small marina exists on the parcel owned and planned for development by Mr. Githler; that although the property owners would be cut off from the Bayfront, the value of the property will not diminish as long as access for boating activities is provided to private residents; that the residents of the Bays Bluff Condominium would benefit by the construction of a nice walkway; that large mansions in Newport, Rhode Island, are separated by a cliff walk which meanders around the entire waterfront and is fully accessible to the public. Commissioner Patterson stated that a similar amenity is offered to the public in Palm Beach. Commissioner Merrill stated that Bayfront access will make the bicycle path a pleasant place to exercise; that two segments of the population are expected to use the Bayfront Bicycle and Pedestrian Corridor; that one group is comprised of the bicyelist/commuters from USF/New College who desire a direct and efficient route to Downtown; that commuters may prefer riding straight across to - Dr. Martin Luther King, Jr. (MLK), Way to Cocoanut Avenue rather than the meandering bicycle path proposed through the neighborhood north of Whitaker Bayou; that the meandering route works well for a family strolling or bicycling on a nice day but not for a commuter in a hurry. Mr. Boudreau stated that an alternate, direct route appropriate for fast commuting will be developed in the North/South Bicycle Lanes Project. Commissioner Merrill stated that many residents were observed strolling on the walkway outside the VWPAH when the Commission met recently for a joint workshop with the Sarasota County Board of Commissioners; that pedestrians reach a certain point at which the walkway meets a fence and then must stop, turn around and come back along the same route; that residents of the condominiums near the Quay should be able to walk along the water and return to their starting point without having to come to a full stop; that a loop terminus should be constructed in Centennial Park; that a bicycle and pedestrian path in Whitaker Gateway Park should be built and routed in such a way as to permit walkers or bicyclists to travel down one side of the park and then back up the other; that the public should be provided with a varied scenic vista; that residents in single-family neighborhoods do not require a bicycle path with striping and directions guiding them from one point to another; that years ago, bicycle paths were routed from one point to another through neighborhoods; that although signs indicated the direction of the bicycle paths, the convoluted route was generally ignored. Commissioner Patterson stated that designating a specific route may be a requirement of the Federal funding for the North/South Bicycle Lanes Project. Commissioner Merrill stated that the North/South Bicycle Lanes Project will provide an easy, efficient route for commuters from USF/New College to Downtown; that the route will extend from Bayshore Road to Indian Beach Drive to MLK Way, and then straight down Cocoanut Avenue; that the city should focus now on the bicycle path designed for recreational bicyclists from Whitaker Gateway Park to the Bayfront; that residents living south of Selby Gardens on Orange Avenue could travel by bicycle up to Whitaker Gateway Park along a beautiful path routed along the waterfront; that the VWPAH walkway should be connected to the Bayfront Bicycle and BOOK 41 Page 14340 03/17/97 6:00 P.M. BOOK 41 Page 14341 03/17/97 6:00 P.M. Pedestrian Corridor; that construction of offshore boardwalks should be reviewed with the understanding that the marina on Mr. Githler's property cannot be obstructed; that the $1 million project will provide an exceptional amenity to the public. Commissioner Merrill continued that the city should study the possibility of constructing an overhead bicycle and pedestrian path across U.S. 41 in the Mission Harbor area; that coming to a full stop to maneuver a bicycle across U.S. 41 is unpleasant; that ISTEA or other grants may provide the necessary funding for an overhead bicycle and pedestrian path across U.S. 41; that Mission Harbor will gain an amenity which would enable residents of neighborhoods east of U.S. 41 to walk to the Bayfront without the life-threatening hurdle of crossing a major highway. Mr. Mohammed stated that a bicycle lane project is proposed from Siesta Key along Osprey and Orange Avenues to Pineapple Avenue; that the bicycle lane would continue to Cocoanut Avenue, proceed to MLK Way and be routed along Bradenton Road to University Parkway; that a portion of the pavement on the side of the street will be striped to designate the bicycle lane. Commissioner Merrill asked if striping could be provided to indicate a bicycle lane on Bayshore Road? Mr. Mohammed stated that the Bayfront Bicycle and Pedestrian Corridor will continue along Bayshore Road and connect to the bicycle lane proposed in the future beginning on Indian Beach Drive and proceed across U.S. 41 to MLK Way. Mr. Boudreau stated that the North/South Bicycle Lanes Project will continue from Bradenton Road and terminate at MLK Way at U.S. 41; that sufficient roadway width may not be available for striped bicycle lanes; however, signs will indicate the roadway is shared with bicycles. Mayor Cardamone stated that the overall project should be indicated on a map for the next presentation before the Commission. Commissioner Dupree asked if the North/South Bicycle Lane will cross U.S. 41 from MLK Way to Indian Beach Drive? Mr. Boudreau stated no; that the terminus is at MLK Way and U.S. 41; that the bicycle lane will not cross over to Indian Beach Drive. Commissioner Merrill stated that the North/South Bicycle Lane has been described as crossing U.S. 41 to connect with the Bayfront Bicycle and Pedestrian Corridor on Indian Beach Drive. Mr. Mohammed stated that the two bicycle routes could be connected with a striped bicycle lane. Mayor Cardamone asked if the Bayfront Bicycle and Pedestrian Corridor has been discussed in conjunction with the Heritage Trail proposed by the National Estuary Program? Mr. Mohammed stated no. Mayor Cardamone stated that on Wednesday, March 27, 1997, a charette-style meeting regarding the Heritage Trail is scheduled at the Sudakoff Center; that the National Estuary Program intends to open up Bay vistas and provide a trail and walkway as well as a place where vehicles can stop for a view of the Bay; that the city may be assisted by the National Estuary Program's funding capabilities; that Staff is encouraged to attend the meeting. Mr. Mohammed stated that the National Estuary Program may be able to assist the City with funding and permitting; that the Bayfront Bicycle and Pedestrian Corridor is Federally funded and Federal regulations regarding acquisition of lands and permitting are complicated; that a partnership between the National Estuary Program and the City could be beneficial in developing environmentally sensitive areas for public use. Commissioner Patterson stated that Commissioner Merrill's suggestion regarding an overhead bicycle and pedestrian path is enticing; that the increased foot traffic observed at the VWPAH can be attributed to the recent construction of one small bridge over which residents from 888 Boulevard of the Arts can cross from the parking lot at Selby Public Library; that an overhead bicycle and pedestrian path across U.S. 41 in the vicinity of 10th Street would create a major amenity for the neighborhoods east of U.S. 41; that although the amenity could cost over $1 million, grants may be available in the future. Mayor Cardamone stated that the overhead bicycle and pedestrian path which would connect the Bayiront, the Municipal Auditorium, and the VWPAH could be tied in with development of the Mission Harbor. property. Commissioner Merrill stated that the overhead bicycle and pedestrian path could be marketed to the voters as a project proposed for future Local Option Sales Tax (L.0.S.T.) funding. Commissioner Patterson stated that an overhead bicycle and pedestrian path near Mission Harbor included in the referendum for the L.O.S.T. extension will attract more voters than an entire list of more prosaic projects. BOOK 41 Page 14342 03/17/97 6:00 P.M. BOOK 41 Page 14343 03/17/97 6:00 P.M. Commissioner Merrill stated that St. Petersburg failed on a first attempt to pass a L.O.S.T. extension several years ago; that St. Petersburg then developed the Rails-to-Trails Program, a national program which converts old railroad beds to bicycle or jogging paths; that the project, which created bicycle and pedestrian paths throughout the entire railroad area, was the catalyst which motivated St. Petersburg voters to pass the L.O.S.T. extension the next time the referendum was placed on the ballot; that a beautiful bicycle, pedestrian, and rollerblade path was provided for the public. City Manager Sollenberger stated that the suggestion to construct an overhead bicycle and pedestrian path across U.S. 41 near Mission Harbor should be pursued; that the neighborhoods east of U.S. 41 would be provided access to the Bayfront. Mayor Cardamone stated there is Commission consensus to direct the Administration to study design of and funding for an overhead bicycle and pedestrian path across U.S. 41 near Mission Harbor, contact the National Estuary Program regarding possible partnership with the City regarding the Heritage Trail, and negotiate possible easements for a boardwalked bicycle and pedestrian path on the Bayfront in front of the Bays Bluff Condominium. Commissioner Merrill stated that the Bayfront Bicycle and Pedestrian Corridor connects to Orange Avenue in the vicinity of Selby Gardens; that the City has discussed getting an easement through Selby Gardens to widen the existing bicycle path; and asked the current status of negotiations? Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the easement was signed within the past few days. 13. UNFINISHED BUSINESS: APPROVAL RE: CANCELLATION OF FORMAL ACTIONS PERTAINING TO DEVELOPMENT PLAN 96-DPR-01 HOLLYWOOD 20 COBB THEATRE COMPLEX AT ORIGINALLY PROPOSED SITE - TERMINATED AND CANCELED BUILDING PERMITS AND LINKS AVENUE VACATION ORIGINALLY APPROVED FOR DEVELOPMENT OF MOVIE THEATER COMPLEX (AGENDA ITEM VII-2) #2 (2497) through (2719) City Attorney Taylor stated that the original theater project proposed by Theatre Associates, Ltd., as represented by Site and Development Plan Petition 96-DPR-01, was terminated when the project was moved to the former Maas Brothers property; that several approvals or actions were taken pertaining to the original project which ceased to have effect once the project was moved to a new site; however, the actions remain in the public record. city Attorney Taylor continued that the Commission should accept the following findings to clear the public record concerning. the original project: 1. Theatre Associates, Ltd., has formally withdrawn Site and Development Plan 96-DPR-01; 2. Theatre Associates, Ltd., will not seek a utility relocation permit or building permit as referenced in Ordinance No. 96-3910 or Ordinance No. 96-3925 pertaining to the vacating of right-of-way; 3. No off-site parking agreement exists or would be approved for the parking garage depicted as part of Site and Development Plan 96-DPR-01; 4. Theatre Associates, Ltd., has advised no air rights easement agreements exist regarding the alley at the rear of the 1900 Main Street building; 5. Theatre Associates, Ltd., has advised the withdrawal of site and Development Plan 96-DPR-01 alleviates the necessity for any property exchange with the City or request for additional property on Links Avenue; and 6. No agreement has been executed pertaining to the property transfer or relocation of the Robards Memorial Park and W.T. Robards memorial and withdrawal of Site and Development Plan 96-DPR-01 eliminates any need for the transfer or relocation. City Attorney Taylor stated that Ordinance No. 96-3910 permitted the vacating of Links Avenue, a portion of Ringling Boulevard, and an alley east of Links Avenue and Ringling Boulevard; that Ordinance No. 96-3925 approved the right of the petitioner to seek a utilities relocation permit or building permit at the northeast corner of Ringling Boulevard; that the two ordinances will not take effect until a utilities relocation permit or a building permit are issued and will expire if the development is not begun before January 16, 2000; that a letter from Attorney David Band, a Managing Partner of Theatre Associates, Inc., indicates that neither a utility relocation permit nor a building permit will be sought and that the site and development plan designed for the original location of the project has been withdrawn; that the actions listed in his memorandum of March 12, 1997, will clear the public record. City Manager Sollenberger stated that the Administration recommends the Commission accept the letter from Theatre Associates, Ltd., and take the actions recommended in the City Attorney's March 12, 1997 memorandum. On motion of Commissioner Merrill and second of Vice Mayor Pillot, it was moved to approve the Administration's recommendation. Motion BOOK 41 Page 14344 03/17/97 6:00 P.M. BOOK 41 Page 14345 03/17/97 6:00 P.M. carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 14. NEW BUSINESS: REQUEST RE: APPROVAL OF A LOAN AGREEMENT FOR COASTAL RECOVERY CENTERS, INC. - NO ACTION TAKEN (AGENDA ITEM VII-1) #2 (2720) through (1430) Morgan Bentley, Attorney, Law Firm of Williams, Parker, Harrison, Dietz and Getzen, and James Frazier, Chief Financial Officer of Coastal Recovery Centers, Inc., came before the Commission. Attorney Bentley stated that he and Robert Messick, Attorney, Law Firm of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, also representing Coastal Recovery Centers, Inc., have worked on the proposed loan agreement with First Union National Bank of Florida for several weeks; that the proposed loan is large and complicated; however, the purpose is straightforward; that on August 20, 1991, the city entered into an agreement with Coastal Recovery for the lease of property at 1451 10th Street on which the Crisis Stabilization Unit (CSU) was subsequently built; that on June 16, 1992, the City, Coastal Recovery, and Barnett Bank entered into a tri-party agreement including an addendum subordinating the City's interest to the Barnett Bank loan; that the 1992 tri-party loan agreement subordinated the City, the underlying property owner, to Barnett Bank, the financier of the construction costs. Attorney Bentley distributed copies of the 1992 tri-party agreement and stated that the City has the right to place a social services agency in the 10th Street facility if Coastal Recovery defaults on the loan commitments; that the city has six months to replace Coastal Recovery with a licensed social services agency, which would be provided a loan with the existing terms and conditions. by Barnett Bank; that Barnett Bank has the right to take over the property by paying the City fair market value if a social services agency replacement is not found within six months; that the 1992 tri-party agreement also allows the City to purchase the existing financing on the property. Attorney Bentley continued that the original loan amount of $900,000 was not specifically referenced in the 1992 tri-party agreement; that the 1992 tri-party agreement refers to financing terms and specifies the City's agreement to subordinate to Barnett Bank but does not restrict the loan to a specific amount; that nothing in the 1992 tri-party agreement prevents the City, Coastal Recovery, or Barnett Bank from assigning their interest to a fourth party; that the current loan balance is $425,000; that the loan has been refinanced once; that Coastal Recovery did not return to the City for approval at that time as the loan remained below $900,000. Attorney Bentley further stated that the proposed loan agreement with First Union National Bank of Florida will consolidate mortgages on all Coastal Recovery properties including those in Charlotte County under one $2.45 million loan; that the proposed loan agreement with First Union will provide an operating reserve to Coastal Recovery; that social services agencies rely on funding from sources such as grants to reimburse for services, which is sometimes a lengthy process; that the proposed loan agreement will provide an operating reserve which should resolve the problem; that the City Attorney has indicated that nothing prevents the bank from proceeding against each property in sequential order; that nothing in the proposed loan agreement or the original 1992 tri-party agreement prevents the lender, either First Union or Barnett Bank, from foreclosing on the CSU which is worth approximately $2.7 million; that Coastal Recovery, the City Manager, and the City Attorney agree the original loan agreement would not exceed $900,000; that the proposed loan agreement provides that the loan remains the same except that First Union, Coastal Recovery, and the City agree to a release price of $900,0 000; that the proposed loan agreement with First Union enables the City to buy the loan at $900,000, the amount to which the City was originally subordinated; that the City will have the same three options in the proposed loan agreement as under the 1992 tri-party agreement; that First Union will not be able to take $2.45 million out of the $2.7 million value of the CSU in the event of foreclosure; that Coastal Recovery would not be required to come before the Commission at this time if the language of the 1992 tri-party agreement had specified the property could be used as collateral for any refinancing which did not exceed $900,000. Commissioner Patterson stated that although the City's exposure in the 1992 tri-party agreement was limited to $900,000, the intent was that the loan would eventually be paid in full; and asked if the original tri-party agreement allowed Coastal Recovery to refinance indefinitely? City Attorney Taylor stated that he interprets the language differently; that the City's agreement to subordinate was the condition required by Barnett Bank for approval of the loan; that the document signed by the city on June 16, 1992, related to a specific mortgage; that Coastal Recovery should have been required to obtain Commission approval if a refinancing was sought from a different lending institution. Commissioner Patterson stated that the loan has been refinanced once before. city Attorney Taylor stated that the information was not previously known. BOOK 41 Page 14346 03/17/97 6:00 P.M. BOOK 41 Page 14347 03/17/97 6:00 P.M. Attorney Bentley stated that the history of the lending practices on the property has not been researched; that nothing in the 1992 tri-party agreement indicates the mortgage cannot be refinanced; that the City Attorney's Office believes the original loan agreement amount applied to a specific $900,000 loan. Commissioner Patterson stated that financing a social services facility project is the usual reason for subordinating City-owned property to a loan; that the loan eventually disappears and free title to the property is reclaimed; that Coastal Recovery is requesting a $900,000 lien on City property in-perpetuity. Attorney Bentley stated that the mortgage documentation should be attached as "Exhibit A" to the proposed loan agreement so the Commission would approve a loan agreement applying only to the specifically referenced mortgage Commissioner Patterson asked if a $900,000 lien will remain against the City's property until Coastal Recovery pays off the $2.45 million First Union loan which blankets several properties? Attorney Bentley stated that the amount of the loan will be pro-rated down by an amortization schedule; however, a lien would continue to exist against the property. Mayor Cardamone stated that although the loan amount would be reduced eventually, the City's property would be encumbered with a substantial lien for a long period of time. Attorney Bentley stated that the language in the proposed loan agreement can be clarified; that Commission approval for the proposed loan agreement would not be necessary if the language permitting assignment of the loan had been contained in the original tri-party agreement; that First Union operated on the assumption that the original tri-party agreement was assignable; that the lien against the property should be limited to $900,000; that amortization of the loan over a specific period of time could be referenced in the proposed loan agreement and an amortization schedule attached. Commissioner Patterson stated that the proposed loan agreement is a concern; that Coastal Recovery is requesting the use of City property as a tool to finance liquidity and not construction of a facility; that the City has never financed liquidity before; that the proposed loan agreement blankets many properties in more than one County; that the City's 10th Street property will finance the liquidity of Coastal Recovery's other facilities. Attorney Bentley stated that the City's property will underwrite $900,000 of the $2.45 million loan; that the Commission is requested to continue to subordinate to the $900,000 amount as originally agreed in 1992. Commissioner Patterson stated that the City is currently subordinated to $425,000, which would continue to amortize if the proposed loan agreement was a simple refinancing; that the city may agree to become part of a pool of debt; however, the amount of the city's liability should start at $425,000 and amortize within the same time frame as the 1992 tri-party agreement. Commissioner Merrili stated that having the least amount of debt on the property would be the concern if the proposed loan agreement underwrote a private transaction; however, Coastal Recovery made a major improvement on land owned by the city; that the property is clearly worth more than the $900,000 debt; that he would be happy to receive the property for that amount. Attorney Bentley stated that the property will be returned to the City in 50 years. Commissioner Patterson asked the salability of the property in 50 years? Commissioner Merrill stated that a structure in that area of the city will be valuable in 50 years; that the risk should be taken; that the City should not emulate a private property owner trying to make the best deal possible; that Coastal Recovery is a social services agency which should be assisted by approval of a straightforward transaction placing the City at no risk; that the City's position would be altered only if Coastal Recovery defaults and the city is required to reimburse First Union; that the existing tri-party agreement enables the City to purchase the $425,000 lien; that the lien would be $900,000 under the proposed First Union Loan Agreement; that although neither scenario is likely, purchasing the property for $900,000 is not a concern as the facility is worth $2.7 million; that the proposed loan agreement is supported. Mayor Cardamone stated that the proposed loan agreement is a concern; that the devolution of the country's focus upon and financing of human services programs is an issue of national discussion; that the future of grants and public funds for social services programs is precarious; that using City property as collateral for a large debt blanketing other properties is a concern; and asked the recommendations of the City Manager and City Attorney. City Attorney Taylor stated that the existing debt against the property is $425,000, which Coastal Recovery has the right to refinance without Commission approval; that no legal objection would be made if the debt was kept at $425,000; that approval of BOOK 41 Page 14348 03/17/97 6:00 P.M. BOOK 41 Page 14349 03/17/97 6:00 P.M. the refinancing became a business rather than a legal decision when he and the City Manager learned the debt level would be raised to $900,000; that Paragraph 13 of the proposed loan agreement must be refined if Commission approval is granted to stipulate the proposed loan agreement addresses only the one specific loan for $900,000; that the loan agreement will include the amortization schedule to avoid a need to revisit the issue in five or ten years. City Attorney Taylor continued that the basic underlying language in all City leases prohibits encumbrances; that the City provides social services agencies the ability to borrow money against City-owned land to underwrite construction expenses; that although Coastal Recovery has a right to refinance, the Commission is required to determine the amount of debt allowed. Mayor Cardamone asked if the debts on other City-owned land have been paid off entirely? City Attorney Taylor stated that the Human Services Center of Sarasota paid off its mortgage. City Manager Sollenberger stated that the Human Services Center of Sarasota acted as a model for City lease agreements with social services agencies including the proposed lease agreement with Coastal Recovery. Mayor Cardamone stated that the Human Services Center of Sarasota mortgage is completely paid off; that the operators of the facility cannot return to the Commission to request additional refinancing to provide operating funds. Commissioner Patterson stated that the Human Services Center can request Commission approval to use the land as collateral for refinancing in the future. city Attorney Taylor stated that the original loan agreement between the Human Services Center of Sarasota and the City has been terminated. Attorney Bentley stated that approval of the proposed loan agreement is a business decision; that the City already subsidizes social services agencies; that the City leased the 10th Street property to Coastal Recovery for $1 per year in 1991; that Coastal Recovery subsequently constructed the CSU with matching grants-in-aid of $650,000 each from the State and Sarasota County; that one year later, the Commission approved the use of the land as collateral for a $900,000 loan to refinance the debt; that the City is now requested to approve another $900,000 loan with the stipulation that the proposed loan agreement with First Union will be the last refinancing; that attaching the mortgage and amortization schedules to the proposed loan agreement will specify the. limited nature of the mortgage. Mayor Cardamone asked if other properties owned by Coastal Recovery can provide the necessary collateral for the loan? Attorney Bentley stated that the CSU is the most valuable of the eight properties owned by Coastal Recovery; that the equity of the eight properties totals in excess of $4 million; that the other properties will provide the equity to make up the difference between the $900,000 allowed as collateral on the CSU and the $2.45 million loan. Mayor Cardamone asked the business reasons for consolidating all of Coastal Recovery's properties under one $2.45 million loan? Mr. Frazier stated that Coastal Recovery's operating budget has grown from $7.5 million to $10.5 million annually since the CSU opened; that the budget will be approximately $12 million by the end of the current fiscal year; that a monthly outflow of $1 million is expected; that prior to July 1, 1996, Coastal Recovery had sufficient reserves to carry their expenses for the 45 to 60 day wait for reimbursement normally associated with State contracts; that reimbursements are sometimes received three or four months after the services have been billed; that on July 1, 1996, District 8 of the Department of Children and Families which previously advanced payments to social services agencies stopped all advance payments; that Coastal Recovery has a $5 million per year contract with the Department of Children and Families; that Coastal Recovery used to receive $450,000 on the first day of the month; that the money is now received 45 to 60 days after the services are billed; that Coastal Recovery's cash reserve needs have increased from $450,000 to $900,000 per month. Commissioner Patterson asked the amount Coastal Recovery is generating by the refinancing? Mr. Frazier stated that the proposed loan agreement is expected to provide a $1.2 million operating reserve; that $200,000 will be used to pay off expensive, high-interest, capital leases of equipment; that the proposed loan agreement will also decrease the current principal and interest payments by $65,000 annually even though the amount of the debt will be increased. Commissioner Patterson stated that Coastal Recovery will not use the funding to pay ongoing expenses; that working capital is being created to offset the long wait for reimbursements and to pay off existing capital debts. BOOK 41 Page 14350 03/17/97 6:00 P.M. BOOK 41 Page 14351 03/17/97 6:00 P.M. Mr. Frazier stated that the request before the Commission is a final attempt to obtain financing; that the State denied Coastal Recovery's request for refinancing funds. Commissioner Merrill stated that the long-term relationship between Coastal Recovery and the City has been sometimes good and sometimes stormy; that the proposed loan agreement does not place the City in any worse a position than did the 1992 tri-party agreement; however, the relationship between the City and Coastal Recovery is pertinent; that installing appropriate landscaping was promised as a condition for Commission approval of Coastal Recovery's residential treatment center on Morrill Street; that although a fence has been installed in front of the property, landscaping meeting the aesthetic standards of the community has not been installed; that the request for the proposed loan agreement is not a problem; however, he did object to the Morrill Street facility for which assurances were given that landscaping would be provided as a condition of approval; that the landscaping has not been completed; that assurances are requested that the Morrill Street property will be landscaped using some of the $1.2 million surplus from the proposed loan agreement. Commissioner Merrill continued that the ability of a society to pay for social services has not changed in America; that although some social costs have grown faster than the government's ability to pay, the current system will not be dismantled; that the political system offers more during good economic times and imposes cutbacks during bad times; that determining the amount of resources allocated to social services is a natural function of society; that great cutbacks are not foreseen but future growth will be limited; that long-standing facilities such as Coastal Recovery will not be put out of business but can expect a cap placed on their growth; that the Commission agreed in 1992 to allow a $900,000 lien against City-owned land which has since appreciated in value due to structural improvements; that no risk is expected from either devolution or economic conditions; that the loan will be amortized before the lease expires in 50 years. Mr. Frazier stated that the proposed loan agreement is based on a 15-year amortization rate. Commissioner Merrill stated that the property will be returned to the City without debt; that the City should not join the movement of governments towards devolution which is creating difficulties for social services agencies to operate; that no business reason exists to deny the request as the City is well-protected; that the City receives only $1 per year from the lease on the land and should not create difficulties for Coastal Recovery. City Attorney Taylor stated that City approval of the residential treatment center on the Morrill Street property was conditional on meeting certain landscaping requirement; and asked if Coastal Recovery will stipulate the landscaping will be completed as promised? Attorney Bentley stated that the landscaping appeared well underway at the grand opening; that Coastal Recovery would not mislead the Commission regarding promises made for approval of the residential treatment community center and will not fail to keep a promise to install landscaping. Commissioner Patterson stated that no formal landscaping plan was presented during the approval hearing for the residential treatment center; that Coastal Recovery planted approximately $50 worth of plants but nothing else. Attorney Bentley stated that the property will meet the City's aesthetic standards; that although the promise appears vague and unenforceable, Coastal Recovery understood the intent and made a commitment to work with Staff to meet the appropriate standards. Commissioner Patterson asked if the proposed loan agreement will be returned to the Commission for final approval in the future? City Attorney Taylor stated that if the request is approved, the Commission will be requested to authorize modification of the loan agreement to provide a cap of $900,000, include an amortization schedule, and authorize the Mayor and City Auditor and Clerk to sign the agreement; that the proposed loan agreement will not be returned to the Commission. Mayor Cardamone stated that. the proposed loan agreement must be approved before tomorrow, March 18, 1997. Attorney Bentley stated that Coastal Recovery is scheduled before the Sarasota Board of County Commissioners regarding the original grant-in-aid on the same property; that the proposed loan agreement is scheduled to close tomorrow afternoon. Mayor Cardamone asked what Coastal Recovery is required to present to the County? Attorney Bentley stated that the County theoretically has a claim to the proceeds from the sale of a property which ceases use as a social services center to low-income people; that Barnett Bank entered into the original loan between Coastal Recovery and the County; that the County provided comfort to Barnett Bank by acknowledging a leasehold mortgage on the property and will most likely do so again. City Attorney Taylor asked the total amount involved? BOOK 41 Page 14352 03/17/97 6:00 P.M. BOOK 41 Page 14353 03/17/97 6:00 P.M. Attorney Bentley stated $900,000. Mayor Cardamone asked the location of the property on which the County has a $900,000 lease? Attorney Bentley stated that the County owns the structure on the 10th Street site; that the City owns the land but Coastal Recovery owns the improvements; that the facility will belong to the city in 50 years; that bankers can allocate a specific amount of value to the 45-year leasehold portion remaining on the lease and use that value as a basis for refinancing a mortgage; that the County technically has a claim due to the improvements now leased to Coastal Recovery; that the County could theoretically make a claim for the proceeds after the facility is sold in case of foreclosure. Commissioner Patterson stated that, for example, Coastal Recovery defaults and the City pays First Union $900,000; and asked if the City must pay the County $900,000 as well? Attorney Bentley stated no; that the city is the underlying lessor of the property. Commissioner Patterson asked if the County has any security? Attorney Bentley stated that the County has no security if the city buys the mortgage; that the City would then assume the same position First Union occupied. Commissioner Patterson asked if the City would own both the land and the facility? Attorney Bentley stated that the City would own the facility at the expiration of the total lease or in case of a default. Vice Mayor Pillot stated that an issue must be understood well enough when a vote is cast so that the decision can be explained to the voters or the media; that a vote approving the proposed loan agreement could not be explained; that the proposal is convoluted, not understood, and absent specific recommendations from either the City Attorney or City Manager; that he will vote against approval. Commissioner Patterson asked the recommendation of the City Manager and City Attorney. city Attorney Taylor stated that legally, the City has the right to grant approval of the proposed loan agreement; that the Commission appears to be requesting a recommendation as to whether or not the proposed loan agreement should be approved; that he does not know how to answer the question; that the debt against the City-owned property will increase; that the Commission should deny the request if an increased debt is not desirable; that he can only advise that legally the. Commission is entitled to approve the request. Mayor Cardamone asked how a private client requesting advice in a similar situation would be advised? Commissioner Merrill stated that a private client would be advised to decline the request for increased debt against the property. city Attorney Taylor stated that a private client would be advised to decline a request to increase debt on property used by a third party for collateral; that increasing the debt to $900,000 is not prudent after the loan has been reduced to $425,000. Commissioner Patterson asked why the request has come before the Commission 24 hours before the loan is to be consummated? Attorney Bentley stated that the matter was only brought to his attention two weeks ago; that the owner of the property controls the major interest in the mortgage leasehold; that the City, which owns the underlying real estate, has the primary financial power regarding the mortgage leasehold. City Manager Sollenberger stated that providing a recommendation is difficult; that the proposed form of refinancing was never contemplated when the City approved the 1992 tri-party agreement; that the intent was the loan would be paid down in the same way as any other loan; that approval of Coastal Recovery's request will increase the amount of the mortgage from $450,000 to $900,000; that the only positive reason to approve the request is the benefit of the CSU to the City; that the City supported leasing the property for $1 per year to Coastal Recovery in 1991 due to the absence of any place in the City to take an individual requiring care under the Baker Act of the State of Florida; that Police Officers were previously required to transfer patients long distances to Arcadia, or Charlotte or Hillsboro Counties; that providing a recommendation based on the available information is difficult. Commissioner Dupree stated that trying to understand the proposed loan agreement is difficult; that no out-of-pocket debt will be incurred if the proposed loan agreement is approved; that the City is only providing Coastal Recovery the latitude to increase the value of the equity available for collateral from $425,000 to $900,000; that Coastal Recovery is not requesting the city to allocate additional funds. Attorney Bentley stated that is correct. Commissioner Patterson asked for clarification of the County's role in the proposed loan agreement and the relationship of the County's $900,000 loan to the facility. BOOK 41 Page 14354 03/17/97 6:00 P.M. BOOK 41 Page 14355 03/17/97 6:00 P.M. Attorney Bentley stated that the City would have the right to buy out First Union's interest in the event of foreclosure; that the lien would be removed from the CSU; that the property would be subject only to a $900,000 loan; that the County has another reason for wanting to be in the same position as the City; that Coastal Recovery received $650,000 from the County to build the CSU; that the County, therefore, has a potential claim behind the City; that the County could buy out the financing and claim a right to a ratio of the money derived from the proceeds if the facility is sold rather than used as a social services center for low-income people. Commissioner Patterson asked the County's position if the $900,000 option was exercised. Attorney Bentley stated that the County would be in the same position currently held by First Union; that the County would buy out First Union and have the lien removed from the property. City Attorney Taylor stated that the City has several options; that the City can buy out the mortgage, substitute another social services agency for Coastal Recovery, or market the property to a commercial business for full market rent. Commissioner Patterson asked how the County fits into the equation? city Attorney Taylor stated that the County can fit into any one of those options; that the County would be the party acceding to the rights under the document and pay the full market rent, and/or occupy the property to provide the social services for the remaining amortization period of the loan. Attorney Bentley stated that the County's interest is not activated until Coastal Recovery defaults and is evicted; that the County would enter the picture only in the event of a foreclosure. Commissioner Patterson asked if the City would be required to pay $900,000? City Attorney Taylor stated that the County would substitute for Coastal Recovery in the debt portion of the obligation; that Coastal Recovery's obligation would become the County's obligation. Commissioner Patterson stated that the City would retain the same social service purpose but would have to choose whether to give up the City property or exercise the option of paying the $900,000 to buy the loan. Attorney Bentley stated that Coastal Recovery is getting fair market value for the property. Vice Mayor Pillot stated that he has a responsibility to explain cognitively what was voted for and why or at least have the ability to relate that professionals on Staff in whom he has confidence recommended approval; that Staff recommendation is respected regarding requests involving engineering, financial, or legal concepts; that a vote of approval can be justified on the basis of a recommendation by the city Manager if he, himself, cannot explain the issue. cognitively; that he cannot explain cognitively how the $2.45 million will be funded; that he will vote against the proposed loan agreement absent Staff recommendation. Commissioner Merrill stated that Coastal Recovery made a terrible mistake by not discussing the request in advance; that many real estate and financial terms have been used with which most people are unfamiliar; that most of the public viewing the proceedings would not understand the request; however, he feels comfortable with the City's position relative to the proposed loan agreement. On motion of Commissioner Merrill, it was moved to approve the request by Coastal Recovery to amend the leasehold. Motion died for lack of a second. Commissioner Patterson asked why a request for approval of a $2.45 million loan agreement has been brought before the Commission 24 hours before the loan deadline expires? City Attorney Taylor stated that the proposed loan agreement was not originally perceived to require Commission approval; that the request would not have been brought before the Commission if the loan amount had remained at $425,000; that the City Attorney and City Manager decided Commission approval was required after learning the loan agreement proposed to increase the debt against the property to $900,000. Mayor Cardamone stated that the absence of Staff recommendation is a concern; that clear, concrete direction as to whether a request is or is not in the best interest of the City should be provided. Commissioner Merrill stated that sufficient time was not provided for explanation to the Commission and Staff; that Staff recommendation may have been forthcoming if the City Manager and City Attorney had been provided a full explanation of the benefit to the city of the proposed loan agreement; that he is still willing to support the proposed loan agreement; that Coastal Recovery should return to Staff, if the loan date can be changed, and explain clearly why the request should be approved; that the proposed loan agreement involves real estate values and risk profiles; that Coastal Recovery must market the proposal adequately rather than coming before the Commission 24 hours before the loan deadline expires. BOOK 41. Page 14356 03/17/97 6:00 P.M. BOOK 41 Page 14357 03/17/97 6:00 P.M. Mayor Cardamone stated that the County's interest obscures the issues. Attorney Bentley stated that all issues can be resolved at the same time; that Donald Hadsell, Director of Housing and Community Development, who addresses housing and social service matters for both the City and the County, is aware of the underlying issues regarding the proposed loan agreement; that Coastal Recovery wants the City to be as comfortable as possible; that the 1992 tri-party agreement should be revised in such a way that Coastal Recovery will not be required to make a similar request in the future. Mayor Cardamone stated that Coastal Recovery should try another approach; that the City's debt should be left alone. Commissioner Patterson stated that agreeing to allow the City's property to be used as collateral for a loan in 1992 was a concern; that the explanation for the proposed loan agreement was clear except for the County's involvement; that the City Attorney was correct in describing the request for approval as a policy decision; that the Commission must decide if $900,000 worth of debt should be placed as an encumbrance on City property currently carrying only $425,000 in debt; that the County's role is not understood. Attorney Bentley stated that the County has a second mortgage behind the City's; that an opinion letter could be provided to the Commission to that effect. Commissioner Patterson stated that the City would have to foreclose on the County's second mortgage before the property could be taken back; that the City may wish to take the property back in the event of a foreclosure to prevent the property from being sold to a private entrepreneur for a use which is of no public benefit. Attorney Bentley stated that the Commission's suggestions will be communicated to the appropriate parties. Mayor Cardamone stated that she, Commissioner Patterson and Vice Mayor Pillot agree that Coastal Recovery should find another avenue. 15. NEW BUSINESS: APPROVAL RE: LOAN AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE COMMUNITY REDEVELOPMENT AGENCY - APPROVED (AGENDA ITEM VIII-2) #3 (1431) through (1469) City Auditor and Clerk Robinson stated that this is a request to approve the loan agreement with the CRA and the City to fund the Main Street Streetscape Project from Links Avenue to U.S. 301. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to authorize the Mayor and the City Auditor and Clerk to execute the Loan Agreement with the CRA. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 16. BOARD ACTIONS: APPOINTMENT RE: GENERAL EMPLOYEE PENSION BOARD OF TRUSTEES = APPOINTED LOU ANN PALMER (AGENDA ITEM VII) #3 (1470) through (1604) Mayor Cardamone stated that the term of Lou Ann Palmer, the City's representative on the General Employees' Pension Board of Trustees has expired; that Ms. Palmer is eligible and has expressed an interest in reappointment. Commissioner Patterson nominated Lou Ann Palmer for appointment. Hearing no other nominations, Mayor Cardamone announced the appointment of Lou Ann Palmer to the General Employee Pension Board of Trustees. Vice Mayor Pillot stated that the Commission usually reappoints eligible, highly competent people such as Ms. Palmer; that Richard Minster, who would have made a highly qualified member as well, is encouraged to reapply in the future. Commissioner Patterson stated that this seat was filled for many years by a City Commissioner until the attorney for the General Employees' Pension Board brought a serious legal issue to the Commission's attention; that the Commissioner would have to surrender his/her City Commission seat if his/her dual membership was legally challenged; that the Commissioner would not be provided the opportunity to choose surrender of the seat on the Pension Board instead; that the Commission then decided the seat on the Board should be filled by a citizen with independent interests; that Mr. Minster would make an excellent representative; however, Mr. Minster, like every other person on the Board, is a beneficiary of the pension system. Commissioner Patterson continued that the members of the General Employees' Pension Board should request an amendment to the existing ordinance governing membership on the Board; that Board members would have the ability to choose a retired employee as a member of the Board the same way as the Police and Fire Department Pension Boards; that letters written to Ms. Palmer and to the Sarasota Municipal Retired Employees Association suggested that mechanism be developed; that the Commission should not be required to sacrifice the only representative on the Pension Board who is not a direct beneficiary of the city's pension program; that both BOOK 41 Page 14358 03/17/97 6:00 P.M. BOOK 41 Page 14359 03/17/97 6:00 P.M. Ms. Palmer and Mr. Minster are good candidates for membership; that Mr. Minster qualifications are tremendous. 17. REMARKS OF COMMISBIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION WILL RETURN REPORTS REGARDING CITY PURCHASE OF CENTRAL AVENUE AREA PROPERTIES MIXED-INCOME HOUSING PROJECTS, CITY'S ENVIRONMENTAL PEST CONTROL AND FERTILIZER PROGRAM FOR PUBLIC MEDIANS AND BOBBY JONES GOLF COURSE, AND THE CITY'S MONTHLY PARKING PERMIT RATES: DIRECTED ADMINISTRATION TO PLACE A DISCUSSION OF CITY ELECTION POLICIES AS AN ITEM ON A WORKSHOP AGENDA; RESCHEDULED CODE ENFORCEMENT WORKSHOP TO APRIL 29, 1997: AND AGENDAED THE NOISE ORDINANCE ISSUE AT THE APRIL 21, 1997, REGULAR COMMISSION MEETING (AGENDA ITEM X) #3 (1610) through (2622) COMMISSIONER DUPREE: A. stated that a Staff report regarding the City's possible purchase of Cohen Way, the Colson Hotel, and the Capricorn II lounge is requested. City Manager Sollenberger stated that weekly progress reports have been requested from Staff; that a report will be returned to the Commission. Commissioner Merrill stated that the City's purchase of properties in the Central Avenue area is a controversial issue; that special sensitivity skills are required to address possible racial issues which may arise; that a recent media article inferred the Commission's proposal to introduce mixed-income residents into the neighborhood can be interpreted as an intent to relocate African-Americans; that not all low-income residents are African-American; that two-thirds of the City residents designated at the poverty. level are Caucasian; that introducing a mixed-income resident concept into a redeveloping area does not imply that the area should be made more Caucasian; that no reference was made to racial composition when the Commission previously discussed the mixed-income concept for Cohen Way; that mixed-income is an economic term referencing a mon-racially-oriented income standard; that the focus should remain on the City's efforts to prevent a concentration of poverty; that neighborhoods in which poverty is concentrated experience a loss of role models; that community social organizations such as the Boys Scouts cannot exist absent positive examples of adult leadership. Commissioner Merrill continued that sensitivity should be exhibited during presentations before the Commission; that the Commission's position is to provide a more balanced distribution of income within a redeveloping neighborhood; that the City was recently criticized in the media as being a segregated City; that the Commission is now negatively characterized as trying to desegregate the City when the purpose of introducing mixed-income residents to the Central Avenue neighborhood is a desire to provide a healthier economic balance; that the focus should remain on income and not race. City Manager Sollenberger stated that Cable News Network (CNN) recently aired a report regarding the conversion of a former public-housing project in Atlanta to a mixed-income housing project; that both rehabilitation and new construction were instrumental in the success of the project; that Andrew Cuomo, Assistant Secretary for Housing and Urban Development (HUD) I classified the project a prototype model which will be promoted as an example of the Clinton Administration's housing initiatives; that Staff has been requested to obtain information regarding the Atlanta housing project; that a report will be returned to the Commission. Mayor Cardamone stated that she has also received criticisms regarding the City's proposed purchase of Cohen Way; that the City's demolition of the deteriorating St. Augustine Quarters structure and the construction of 15 homes in the $80,000 price range has significantly improved economic conditions in the neighborhood. Commissioner Dupree stated that neighborhood residents feel the Commission should have requested information from the public before directing Staff to explore solutions to the problems existing at Cohen Way; that neglecting to reach out for community input is causing problems. Mayor Cardamone stated that neighborhood residents should be informed that exploring solutions can take a lifetime when the Federal government is involved. COMMISSIONER MERRILL: A. stated that an issue which arose during the recent City election campaign was the city's lack of involvement in environmental issues; that a recent magazine article reported herbicides and pesticides used by most golf courses cause extensive environmental damage; that the Parks, Recreation and Environmental Protection Advisory Board should be requested to study the Bobby Jones Golf Course to determine if environmentally sensitive herbicides and pesticides are being used and to explore other means of regulating weeds and pests without BOOK 41 Page 14360 03/17/97 6:00 P.M. BOOK 41 Page 14361 03/17/97 6:00 P.M. harming the environment; and asked if Commission consensus exists to refer the matter to the Board? Commissioner Patterson stated that the County's environmentally-sensitive policy for pesticide management is substantially ahead of the City's; that the County does not ban pesticides but applies the least toxic method first. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the County has an Integrated Pest Management (IPM) Program in which the least toxic chemicals are used first; that the City follows the same procedure; that a report will be returned to the Commission regarding maintenance of public landscaping and the Bobby Jones Golf Course. Commissioner Patterson stated that she was informed the city lacked an environmentally sensitive program. Deputy City Manager Schneider stated that the City has' been provided with information from Ann Mason who helped create the Environmental Pest Management Advisory Board for Sarasota County. City Manager Sollenberger stated that a report will be returned to the Commission. COMMISSIONER PATTERSON: A. stated that several complaints have been received regarding the operation of sprinklers on U.S. 41 at the Bayfront and on North Tamiami Trail at odd times of the day; that the finishes of passing cars are stained by the sprinkler water; that the sprinklers could be timed to operate at 4:00 a.m.; that a review is warranted by the number of complaints received over the past two months. B. stated that parking permits for City parking lots previously cost $40; that the Commission reduced the cost five years ago to $20 per month as many of the lots remained empty; that the rate has remained the same since the reduction; that a recent report indicates many parking spaces are leased to large entrepreneurial private interests which can provide parking for themselves; that a bank prefers to pay $20 per month in a City-owned space than the $40 per month fee charged by private parking facilities; that the City's parking permit fee should not be raised to $40 as many small business people and employees use the City-owned lots; however, Staff is requested to investigate raising the monthly parking permit fee to $30. Mayor Cardamone stated that several owners of private parking garages who take advantage of the $20 parking permit fee charged in public lots should be asked to use their own facilities; that reducing the number of parking permits available to large, private entrepreneurs may eliminate the necessity of raising the price for small business owners and employees. Commissioner Patterson stated that a two-tiered system could be established in which $20 per space would be charged to a company leasing two spaces and $40 per space to a company leasing 50 spaces; that Staff is requested to return with a report. C. stated that after receiving the report of the Rosemary District Redevelopment Advisory Board, the City Manager recommended certain actions including the purchase of the Capricorn II lounge by the Cityi that cocktail lounges are not incompatible with residences and businesses in other neighborhoods; that cocktail lounges exist along the entire length of Main Street; that many of the patrons of the Capricorn II are decent people enjoying the same social activities as patrons of other establishments out for an evening; that the large number of complaints to the Police Department may be generated by problems existing throughout the neighborhood rather than by patrons of the cocktail lounge; that targeting the Capricorn II may not accomplish the City's goal of rehabilitating the neighborhood; that the complaints to the Police Department would decrease if the entire area were cleaned up; however, eliminating the Capricorn II may not accomplish the City's objectives. Mayor Cardamone asked if the owners of the Capricorn II lounge are interested in the City's purchasing the establishment? City Manager Sollenberger stated that discussions were held with the owners of the Capricorn II lounge a few years ago; that the owners, who were willing to sell at that time, may still be willing; that the purchase price is a subject for negotiations. Commissioner Patterson stated that the City may pay a few hundred thousand dollars for a business and not achieve any significant rehabilitation of the neighborhood; that she has never personally frequented the establishment. Commissioner Dupree stated that the owners are personal acquaintances; that checking Police Department records will probably result in evidence showing that the Capricorn II lounge is one of the best-run establishments in the area; that few complaints to the Police Department would be expected regarding activities at the Capricorn II lounge. BOOK 41 Page 14362 03/17/97 6:00 P.M. BOOK 41 Page 14363 03/17/97 6:00 P.M. Mayor Cardamone stated that Police Department records should be researched. Commissioner Patterson stated that the Police Department receives many calls regarding problems in the vicinity; however, the problems are not caused from activities at the cocktail lounge. Commissioner Dupree stated that the owners of the Capricorn II lounge make a concerted effort to regulate the behavior of patrons by checking for drugs, etc. VICE MAYOR PILLOT: A. stated that reviewing the policies governing City elections should be placed as an item for discussion at a workshop in the near future; that a great deal was learned from the March 11, 1996, City election; that the time of year the City election is scheduled and the separation of the two At-Large Commission seats are two issues for discussion. Mayor Cardamone stated there is a consensus of the Commission to schedule a discussion at a workshop to address the policies governing City elections. MAYOR CARDAMONE: A. stated that the March 13, 1996, joint workshop between the City and the Sarasota Board of County Commissioners went well; that Commissioners Merrill and Patterson are commended for excellent presentations regarding issues important to the City; that the County Commission received the suggestions well. B. stated that a Public Input workshop is scheduled at 4:00 p.m. on April 1, 1997; that Staff was requested by the Commission at the March 12, 1996, Public Input workshop to send a letter expressing Commission endorsement and recommending County support of selected organizations which provide Countywide services and which have requested funding assistance from the City; that Commission consensus was received to inform social services agencies who usually request funding from the city to refer the grant requests to the County Commission instead; that the minutes of last year's workshop refer in several places to Community Development Block Grants (CDBG) which are funded from millage charged to City and County residents; that CDBG funds were considered more appropriate for last year's request to the City from the Hispanic American Alliance to fund intervention and prevention programs dealing with spousal abuse; that the County made approximately $3 million available to social services agencies last year; that a request to fund the Fourth of July fireworks display should be brought before the city while requests for funding organizations such as the Epilepsy Council should be submitted to the County; and asked if social services agencies ineligible for city funds should be sent a letter recommending application to the County? Commissioners Merrill and Patterson stated yes. city Auditor and Clerk Robinson stated that the letters notifying social services agencies regarding the April 1, 1997, Public Input workshop will be sent tomorrow, March 18, 1997; that the text could be changed before the letters are mailed. Deputy City Manager Schneider stated that two letters should be sent out; that the letter from the City Auditor and Clerk is a reminder to those groups who have received funds from the Commission in the past; that the Mayor is referencing a separate letter be sent to social services agencies which have not received funding suggesting application should be made to the County. city Auditor and Clerk Robinson stated that letters are sent to both social services agencies which are funded and those which are not. Commissioner Patterson stated that the letters of notification regarding the Public Input workshop should be sent only to social services agencies eligible for City funds. Vice Mayor Pillot stated that the City should err by being too open rather than too closed; that the Commission should listen and explain to the social services agencies why if the funding is denied. City Auditor and Clerk Robinson stated that the Public Input workshop will be advertised in the Sarasota Herald-Tribune on Sunday, March 23, 1997. Vice Mayor Pillot stated that allowing social services agencies to petition the City for funds has never been burdensome or time-consuming. Mayor Cardamone stated that the Commission is placed in the position of having to deny funds consistently to the same social services agencies each year. BOOK 41 Page 14364 03/17/97 6:00 P.M. BOOK 41 Page 14365 03/17/97 6:00 P.M. Vice Mayor Pillot stated that a letter could be sent including the statement that social services agencies have the right to request the funds; that the Commission will listen, however, other options are encouraged; that the Commission should not tell people not to attend the Public Input workshop; that the letter could say the meeting is open to requests; however, the social services agencies have little chance of receiving funds. Commissioner Patterson stated that the letter should state that funding for social services agencies is a County responsibility as funds are collected from the public by the County for the specific purpose of supporting social programs. Mayor Cardamone stated that a statement should also be included that the City is not likely to fund social services agency requests. B. stated that the Commission is requested to reschedule the Code Enforcement workshop from Monday, April 28, 1997, to Tuesday, April 29, 1997. Mayor Cardamone stated there is a consensus of the Commission to change the date of the Code Enforcement workshop from April 28, 1997, to April 29, 1997. 18. OTHER MATTERS /ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (2623) through (2770) CITY ATTORNEY RICHARD TAYLOR: A. stated that the Mayor indicated earlier that the City Attorney should provide a recommendation as to whether the Commission should approve a proposed loan agreement with Coastal Recovery Centers, Inc.; that legal advice should be justified through competent, substantive evidence; however, the type of recommendation requested related to a business rather than a legal decision. Mayor Cardamone asked if the request was for non-legal advice? City Attorney Taylor stated yes; that he was not trying to avoid responsibility. Mayor Cardamone stated that the reasons the city Attorney would not advise the Commission to approve or deny the proposed loan agreement, which were not understand at the time, are now clear. CITY AUDITOR AND CLERK ROBINSON: A. stated that a Stormwater workshop is scheduled from 3 to 5 p.m. on March 18, 1997. B. stated that the Commercial-Nevtown Business Zone District rezoning issue and the Noise Ordinance have both been scheduled on the agenda for the April 7, 1997, regular Commission meeting. Mayor Cardamone stated there is a consensus of the Commission to agenda the Noise Ordinance at the April 21, 1997, regular Commission meeting. C. stated that the Local Options Sales Tax (L.0.S.T.) Task Force meeting has been changed to 3 to 6 p.m. on Monday, March 24, 1997. 19. ADJOURN (AGENDA ITEM XII) #4 (2771) There being no further business, Mayor Cardamone adjourned the regular meeting of March 17, 1997, at 10:30 p.m. hasllcle MOLLIE C. CARDAMONE, MAYOR 37 ATTEST - - Reu be BILIXDE.CRUBINSON, CITY AUDITOR AND CLERK BOOK 41 Page 14366 03/17/97 6:00 P.M.