BOOK 44 Page 16751 06/01/98 3:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 1, 1998, AT 3:00 P.M. PRESENT: : Mayor Jerome Dupree, Vice Mayor Nora Patterson, Commissioners Mollie Cardamone and Gene Pillot, City Manager David Sollenberger, Deputy City Auditor and Clerk Karen McGowan, and City Attorney Richard Taylor ABSENT : Commissioner David Merrill and City Auditor and Clerk Robinson PRESIDING: Mayor Jerome Dupree The meeting was called to order in accordance with Article III, Section 9 (a) of the Charter of the City of Sarasota at 3:06 p.m. Deputy City Auditor and Clerk McGowan gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0042) through (0083) #1 (0100) through (0351) Deputy City Auditor and Clerk McGowan presented the following Changes to the Orders of the Day: A. Add Consent Agenda No. 2, Item No. II B-6, Adoption Re: Proposed Resolution No. 98R-1085, supporting the exercise of its Home Rule Power in objecting to the Florida Department of Transportation's proposed replacement of the Ringling Causeway Bridge with a high-level, fixed-span bridge; requesting that Municipal Representatives: to the Metropolitan Planning Organization request and/or support reconsideration of approval by the Metropolitan Planning Organization of the Florida Department of Transportation's proposed Ringling Causeway Bridge replacement project; etc., per the request of Commissioner Cardamone. B. Remove Consent Agenda No. 1, Item No. II A-1, concerning the Interlocal Agreement between the City of Sarasota and Sarasota County regarding total consolidation of stormwater management, per the request of City Manager Sollenberger. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Dupree, yes. City Manager Sollenberger stated that the Interlocal Agreement between the City of Sarasota and Sarasota County regarding total consolidation of stormwater management will be on the Agenda of the June 15, 1998, regular Commission meeting; that the City and the County have been discussing language revisions; that a final agreement was almost reached; however, the County Attorney's Office has raised additional questions; that the County Administrator indicated additional time is required to resolve the issues; that no major problems are anticipated. Vice Mayor Patterson stated that the delay was not on the part of the City. City Manager Sollenberger stated that is correct; that the time available to resolve the issues has been short due to the Memorial Day holiday; that some concerns have been raised which must be resolved. Commissioner Cardamone stated that the Interlocal Agreement is anticipated to last in perpetuity; that clarification is desired on specific language in the proposed Interlocal Agreement; that the terms "non-routine activities" and "all emergency infrastructure" require further definition; and quoted from the Interlocal Agreement as follows: 5. The City Commission of CITY may provide COUNTY advisory opinions regarding any Stormwater Environmental Utility projects or services which need to be provided in any specified drainage basin located wholly or partially within the municipal limits of CITY. Commissioner Cardamone stated that the following language or equivalent should be incorporated in the provision: "with a reasonable expectation the projects or services will be executed", i and quoted from the Interlocal Agreement as follows: 6. The City Commission of CITY shall appoint two residents of CITY as members of the COUNTY'S Stormwater Environmental Advisory Committee. Commissioner Cardamone stated that the County's Stormwater Environmental Advisory Committee has not been an active, participatory committee; that County representatives indicated the Committee had become more active during the past several months; that the following language or equivalent should be incorporated in the provision: "with the certainty that such Committee will meet regularly" and language that the Committee will be involved in an advisory capacity; that one former City representative on the Stormwater Environmental Advisory Committee resigned with some disgust due to the lack of regular meetings; that the proposed changes should be incorporated into the County ordinance; that the BOOK 44 Page 16752 06/01/98 3:00 P.M. BOOK 44 Page 16753 06/01/98 3:00 P.M. proposed changes are an effort to make the proposed Interlocal Agreement more definitive. Vice Mayor Patterson stated that responsibility for repair of infrastructure has not been defined in the Interlocal Agreement but should be addressed; and quoted from the Interlocal Agreement as follows: COUNTY shall be responsible for inspection of, and acceptance of, stormwater facilities built in conjunction with any development within the municipal limits of CITY. Vice Mayor Patterson stated that the issue was raised by the City Manager at the May 18, 1998, regular Commission meeting at which the County was represented by John Goodnight, Ph.D., Director of Transportation for Sarasota County; that Dr. Goodnight assured the Commission that the County's assumption of responsibility for stormwater management does not imply that the County has approval or disapproval power or the ability to change the effect of City ordinances for development in the City. City Manager Sollenberger stated that the provision is one of the City's concerns with the proposed Interlocal Agreement; that the issue will be addressed. Commissioner Pillot stated that all issues should be resolved as definitively as possible. 2. APPROVAL OF MINUTES RE: MINUTES OF THE SPECIAL JOINT MEETING OF THE SARASOTA CITY COMMISSION AND THE SARASOTA BOARD OF COUNTY COMMISSIONERS OF MAY 1, 1998, AND MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETINGS OF MAY 4 AND MAY 18, 1998 - APPROVED (AGENDA ITEM I-1,-2,-3) #1 (0083) through (0100) #1 (0351) through (0370) Mayor Dupree asked if the Commission had any changes to the minutes. Mayor Dupree stated that hearing no changes, the minutes of the special joint meeting of the Sarasota City Commission and the Sarasota Board of County Commissioners of May 1, 1998, are approved by unanimous consent. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to approve the minutes of the regular City Commission meetings of May 4 and May 18, 1998. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Dupree, yes. 3. CONSENT AGENDA NO. 1: ITEM NOS. 2, 3 AND 4 = APPROVED (AGENDA ITEM II-A) #1 (0360) through (0542) Commissioner Cardamone requested that Item No. 2 be removed for discussion. 3. Approval Re: Request to appropriate $3,800 for Public Works to provide staff support for Citizens with Disabilities Advisory Board from the Handicapped Parking Fines Fund for the remainder of 1997-98 and 1998-99. 4. Approval Re: Award of Contract and authorize the Mayor and City Auditor and Clerk to execute the contract between the City of Sarasota and Magnum Builders of Sarasota, (Bid #98-53) in the amount of $79,104.89 for the construction of Payne Parkway Improvements. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to approve Consent Agenda No. 1, Item Nos. 3 and 4. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Dupree, yes. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to the Agreement between the City of Sarasota and David W. Johnston Associates, Inc., Sarasota, Florida, (R.F.P. #96-34) for landscape architectural services. Commissioner Cardamone stated that David W. Johnston Associates, Inc., currently provides landscape architectural services to the City; that no concerns are being expressed with the services provided; however, other landscape architects should be afforded an opportunity to provide the service; and asked if competitive bids had been received. City Manager Sollenberger stated that a Request for Proposal (RFP) for landscape architectural services was issued in 1996; that the Agreement was structured to provide a one-year term with two annual renewal options; that the Second Amendment is the second renewal option; that another RFP for landscape architectural services will be issued in Fiscal Year (FY) 1999. Vice Mayor Patterson stated that David W. Johnston Associates, Inc., has been the City's landscape architect for four or five years. City Manager Sollenberger stated that is correcti that David W. Johnston Associates, Inc., was the first consultant hired to provide landscape architectural services on an annual basis; that the successful bidder on a subsequent RFP died after one year of the contract; that another RFP was issued on which David W. Johnston Associates, Inc., successfully bid; that David W. BOOK 44 Page 16754 06/01/98 3:00 P.M. BOOK 44 Page 16755 06/01/98 3:00 P.M. Johnston Associates, Inc., has successfully obtained two one-year contracts, each with two one-year renewal options. Commissioner Cardamone stated that having a contract for landscape architectural services rather than bidding for each project is supported; that assuring other people have an opportunity to bid on providing the services is the desire; that no concern is expressed with the services provided by David W. Johnston Associates, Inc. City Manager Sollenberger stated that other consultants will have an opportunity to bid on the RFP to be issued in Fiscal Year (FY) 1999. 4. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 98R-1079) - ADOPTED; ITEM 2 (RESOLUTION NO. 98R-1080) - adopted; ITEM 3 (RESOLUTION NO. 98R-1081) - ADOPTED; ITEM 4 (RESOLUTION NO. 98R-1083) - ADOPTED; ITEM 5 (ORDINANCE NO. 98-4044) - ADOPTED; ITEM 6 (RESOLUTION NO. 98R-1085) = ADOPTED (AGENDA ITEM II-B) #1 (0543) through (0738) Deputy City Auditor and Clerk McGowan read proposed Resolution No. 98R-1083 in its entirety and proposed Resolutions Nos. 98R-1079, 98R-1080, 98R-1081, 98R-1085 and proposed Ordinance No. 98-4044 by title only. 1. Adoption Re: Proposed Resolution No. 98R-1079, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 98R-1080, accepting reports of abatement of nuisances, and cost incurred, pertaining to the repair, securing, orb demolition of buildings or structures in accordance with the Standard Unsafe Building Abatement Code as adopted by the City; directing the assessment of liens against the real property upon which such costs were incurred; providing for the recording of said assessments in the City's "Assessment Book for Local Improvements" and in the Official Records of the Clerk of Circuit Court in and for Sarasota County; providing for the accumulation of interest on said liens; etc. (Title Only) 3. Adoption Re: Proposed Resolution No. 98R-1081, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; etc. (Title Only) 4. Adoption Re: Proposed Resolution No. 98R-1083, appropriating $4,500 from the Special Law Enforcement Trust Fund (Forfeitures) to fund D.A.R.E. Officers to begin Gang Resistance Education and Training in the elementary schools; etc. 5. Adoption Re: Second reading of proposed Ordinance No. 98-4044, amending Chapter 2, Article V, Division 5 of the Sarasota City Code relating to Code Enforcement, to amend the jurisdiction of the Code Enforcement Special Master and to clarify various provisions of such divisions; amending Chapter 16, Article III, of the Sarasota City Code relating to accumulations of junk, trash, rubbish, weeds and vegetation, to provide for a new definition of such material; to prohibit motor vehicle sales without an occupational license, except in certain circumstances; amending the procedures for the City to remove junk, rubbish and trash and to obtain a lien for the costs thereof; amending the City of Sarasota Local Amendments to the Standard Housing Code, 1991 Edition, to prohibit open storage of certain materials on residential property; amending the City of Sarasota Local Amendments to the Standard Unsafe Building Abatement Code, 1985 Edition, to amend the procedures for assessment of costs and liens; providing for the repeal of ordinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; etc. (Title Only) 6. Proposed Resolution No. 98R-1085, supporting the exercise of its Home Rule Power in objecting to the Florida Department of Transportation's proposed replacement of the Ringling Causeway Bridge with a high-level, fixed- span bridge; requesting that Municipal Representatives to the Metropolitan Planning Organization request and/or support reconsideration of approval by the Metropolitan Planning Organization of the Florida Department of Transportation's proposed Ringling Causeway Bridge replacement project; etc. (Title Only) On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 6, inclusive. Mayor Dupree requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. BOOK 44 Page 16756 06/01/98 3:00 P.M. BOOK 44 Page 16757 06/01/98 3:00 P.M. Motion carried unanimously (4 to 0) : Cardamone, yes; Patterson, yes; Pillot, yes; Dupree, yes. 5. UNFINISHED BUSINESS: DISCUSSION RE: CHARETTE FOR MAIN STREET DEPOT LEASE AND ADDITIONAL CRITERIA FOR REQUEST FOR PROPOSAL (RFP) = AUTHORIZED ADMINISTRATION TO PREPARE AN RFP (AGENDA ITEM III-1) #1 (0738) through (1975) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that a charette, facilitated by City Staff and the Downtown Association of Sarasota, was conducted at City Hall on May 16, 1998; that the results of the charette will be presented and guidance requested from the Commission as to any additional criteria which should be included in the Request for Proposal (RFP) and/or the lease agreement negotiated for the leasehold area currently occupied by the Main Street Depot. Gregory Horwedel, Director of Neighborhoods and Redevelopment, and Charles Kuykendall, President of the Downtown Association of Sarasota, came before the Commission. Mr. Kuykendall stated that approximately 30 to 35 people interested in the Downtown attended and participated in the charette; that three main issues were raised and discussed: 1) control and authority over the pedestrian mall area, 2) food, drink, and restaurant activities, and 3) entertainment. Mr. Horwedel stated that controlled access and authority regarding the mall area east of the building and south of the alley was the issue of greatest concern; that several attendees also indicated control of the northern mall area, in the vicinity of the fountain, was just as important as control of the southern mall area. Mr. Kuykendall stated that concern was expressed that the fountain area be included as part of the developed area. Mr. Horwedel stated that the charette attendees characterized and expressed a desire to retain the urban setting of the mall area but to develop a more upscale version of what currently exists; that the sale of alcohol was not viewed as a major issue; that only two attendees rated "no alcohol" as an important criterion. Mr. Horwedel continued that a provision for entertainment was supported; that many attendees commented negatively regarding the amplified rock music played at the site in the past and viewed the recent switch to folk-oriented music as a positive change. Mr. Horwedel and Mr. Kuykendall referred to and explained the following methods discussed at the charette regarding controlled access: demarcating the leasehold area with movable planters, shrubs, a fence or wall closing public restrooms providing authority to the leaseholder to eject from the leasehold area patrons or others who become unruly Mr. Horwedel stated that issuing a sidewalk cafe permit to the eventual leaseholder, which would provide implied control and authority over the table space, versus specifying the control of the mall area as a provision in the lease agreement is an option which could be considered. Commissioner Pillot asked if requesting a patron to leave and then contacting the police if the patron is uncooperative was the intent of providing the leaseholder authority to eject patrons from the leasehold area? Mr. Horwedel stated yes; that physical ejection of patrons by the leaseholder is not envisioned; that hopefully the leaseholder would take steps to address the situation before a patron becomes unruly. Mr. Kuykendall stated that the leasehold area would be operated similar to privately operated restaurants where disruptive patrons are requested to leave. Vice Mayor Patterson stated that she grew up in New York City; that public restroom facilities were available in certain areas of Central Park and on Wall Street but not in other areas; and asked the normal practice regarding the provision of public restroom facilities in cities with active downtowns? City Manager Sollenberger stated that the normal practice in cities with active downtowns is not known; however, public restroom facilities were not provided in the downtown or commercial areas of his hometown, Dayton, Ohio, or in other cities managed; that in his professional experience, restrooms have been provided by the private sector. Vice Mayor Patterson asked if public restrooms will be provided at the new Sarasota County Area Transit (SCAT) Intermodal Transfer Center, the location of which is proposed in or near the Downtown? City Manager Sollenberger stated that the County intends to include and maintain public restrooms at the new SCAT facility. BOOK 44 Page 16758 06/01/98 3:00 P.M. BOOK 44 Page 16759 06/01/98 3:00 P.M. Commissioner Pillot stated that the leaseholder should have rights to govern the restrooms similar to those of other food service establishments on Main Street. Commissioner Cardamone agreed. Vice Mayor Patterson stated that homeless persons residing in the Downtown will not simply disappear; that unintended consequences could result if no public restrooms are available. City Manager Sollenberger stated that the restrooms at City Hall are available for public use; that public restrooms will also be available at the new Selby Public Library, which is currently under construction. Commissioner Pillot stated that the location of public restrooms at a library, which is a facility for the general use of the entire public, is more appropriate than at a privately operated food service establishment. Mr. Schneider stated that the Commission's position regarding use of the northern mall area should be clarified. Commissioner Pillot stated that an Administration's recommendation regarding use of the northern mall area should be presented. Commissioner Pillot continued that alcohol is served at a number of establishments on Main Street; that the nature of those establishments provides for proper control of the activity, something which has been difficult to accomplish at the leasehold area; that several fast food establishments operate successfully without serving alcohol; therefore, providing for the sale of alcohol at the leasehold area is viewed as unnecessary and opposed. Commissioner Cardamone stated that inclusion of the northern mall area should be allowed as an option in the RFP; that redevelopment of the leasehold area will be an expensive undertaking; that revenues gained from the sale of beer, wine, and alcohol generally exceed those from the sale of food; that prohibiting the sale of alcohol is not supported; however, limiting the sale of alcoholic beverages to beer and wine could be considered; that retaining an entertainment aspect at the leasehold area is supported; that the current soft music emanating from the leasehold area and flowing down Main Street, which is personally enjoyed, has not negatively impacted residential neighbors; that providing flexibility and limiting the number of parameters in the RFP will encourage the submittal of innovative concepts and afford the Commission an opportunity to review various options. Vice Mayor Patterson stated that flexibility should be provided in the RFP; that music should not be prohibited; however, the type of music played often dictates the type of clientele which will patronize an establishment; therefore, the entertainment proposed by the respondents will require review; that prohibiting the sale of alcohol is not supported; that a liquor store is located in close proximity to the leasehold area; that problems experienced at the Main Street Depot may have originated from patrons' consuming alcohol purchased at the nearby liquor store versus the beer and wine served on site; that providing the leaseholder with some control of the boundaries and making the restrooms private is supported; that issuing a special use permit for the northern mall area would allow the leaseholder to maintain a use viewed as an asset but would also provide the City with authority to revoke the privilege if problems arose; that incorporating the northern mall area into the lease agreement at a later date could be discussed if, for example, the leaseholder made significant physical improvements or wanted to make an investment in expanding the leasehold area. Commissioner Pillot stated that providing the greatest extent of flexibility in the RFP will enable the City to receive the best possible responses; that the sale of beer and wine may provide a major source of revenuei however, one entrepreneur, who successfully operates businesses where beer and wine is not served, has expressed an interest in developing two separate uses within the leasehold area; that some respondents may not request the ability to serve beer and wine; that his opposition to providing for the sale of alcohol may not change; however, providing flexibility in the RFP is paramount. Commissioner Cardamone stated that a small percentage of awnings may be acceptable; however, proposals requiring roofing over the leasehold area should be discouraged. Commissioner Pillot agreed. Mr. Kuykendall stated that the charette attendees were informed the existing tree canopy would have to be retained. Mayor Dupree stated that residents have contacted him regarding public displays of intense affection between couples viewed at the Main Street Depot; and asked if that subject was discussed at the charette? Mr. Kuykendall stated no; however, such activity could be addressed if the leaseholder had control of the boundaries; that the charette attendees requested an opportunity, as business owners, to develop and present concepts without being limited in vision by numerous parameters imposed in an RFP. Mayor Dupree stated that providing for the sale of alcohol at the leasehold area may be opposed. BOOK 44 Page 16760 06/01/98 3:00 P.M. BOOK 44 Page 16761 06/01/98 3:00 P.M. Mayor Dupree continued that a foul odor is often smelled when walking along the streets in the vicinity of the leasehold area; and asked if providing the leaseholder with control of the boundaries will result in the operation of a business with patrons' making purchases versus adults' using the area as a gathering center? Mr. Horwedel stated that Staff envisions the problems now perceived and viewed at the location will diminish once the Main Street Depot closes; that the intent is to change people's perception of the area as a place to go and just "hang out" by developing a character more attractive to the urban user, e.g., who wants to go out and enjoy dinner at a sidewalk cafe. Mayor Dupree stated that people who currently loiter at the leasehold area will gravitate to other gathering places; that the problems currently experienced at the leasehold area will transfer to other areas. Mr. Kuykendall stated that concern was discussed at the charette; however, the location to which the loiters will relocate is unknown; that the attitude sensed was that many of the problems currently experienced could be avoided if the leaseholder is provided more control over the leasehold area. Vice Mayor Patterson stated that the lease agreement negotiated for the Main Street Depot made it difficult for the current leaseholder to provide the type of establishment desired by the Downtown Association. Commissioner Pillot referred to the following referenced in a memorandum dated May 21, 1998, from Gregory Horwedel, Director of Neighborhoods and Redevelopment, to V. Peter Schneider, Deputy City Manager: Thus, according to charette attendees, the RFP should target an upscale restaurant or cafe that provides low- key music or other entertainment within a defined space on the mall. Commissioner Pillot asked if an "upscale" restaurant will be a requirement included in the RFP? Mr. Horwedel stated no; that benchmark items will be included in the RFP; however, the greatest extent of flexibility is desired; that the intent is to solicit a variety of responses from various individuals to provide the Commission with a good sense of potential concepts available. Vice Mayor Patterson stated that copies of City Commission minutes regarding the leasehold area as well as the charette discussion and results should be made available when the RFP is issued. Commissioner Cardamone and Commissioner Pillot agreed. Mayor Dupree requested clarification of the Commission's position regarding music played at the leasehold area. Vice Mayor Patterson stated that once the equipment was rearranged, few complaints were received regarding the amplified music played at the Main Street Depot; that the respondents should be allowed to present various concepts for Commission consideration. Commissioner Cardamone agreed. City Manager Sollenberger stated that the Administration recommends authorizing the Administration to prepare an RFP for Commission review. On motion of Vice Mayor Patterson, and second of Commissioner Cardamone, it was moved to authorize the Administration to prepare an RFP for Commission review, with appreciation extended to the Downtown Association for their leadership efforts. Motion carried unanimously (4 to 0): Cardamone, yes; Dupree, yes; Patterson, yes; Pillot, yes. 6. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SARASOTA AND SARASOTA COUNTY TO ALLOW CITY AND COUNTY EMPLOYEES TO WORK ON JOINT PROJECTS IN A ÇOOPERATIVE MANNER TO ADDRESS THE COMMUNITY DEVELOPMENT AND HOUSING NEEDS OF THE CITY AND COUNTY = APPROVED WITH LANGUAGE INCORPORATED TO CLARIFY FAILURE TO FUND IS A BREACH OF CONTRACT; APPROVED STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) INTERLOCAL AGREEMENT: SET REVISED SHIP ORDINANCE FOR PUBLIC HEARING ON JUNE 15, 1998 (AGENDA ITEM III-2) #1 (1981) through (3540) City Manager Sollenberger stated that the initial Interlocal Agreement for the joint City/County Office of Community Development had a three-year term expiring in September 1997; that the Agreement was mutually extended through June 30, 1998, to provide additional time for City and County Staffs to evaluate whether the joint venture should continue; that a consultant was hired to assist in the evaluation; that documentation has been provided to the Commission; that Staff will provide an overview of the 1998 Interlocal Agreement negotiated with Sarasota County which has a ten-year term and includes assigning the City as the administrative agent and making new hires City employees. Donald Hadsell, Director, and Christine Davis, Assistant Director, Office of Housing and Community Development, came before the Commission. BOOK 44 Page 16762 06/01/98 3:00 P.M. BOOK 44 Page 16763 06/01/98 3:00 P.M. Mr. Hadsell stated that the City of Sarasota and Sarasota County Governments entered into an Interlocal Agreement on November 2, 1994, allowing City and County employees to work on joint projects in a cooperative manner to address the community development and housing needs of the City and County and to provide a less cumbersome process for homeowners and contractors; that the 1994 Agreement, originally established for a three-year term, is scheduled to terminate on June 30, 1998. Mr. Hadsell continued that KPMG (Peat Marwick), an outside consultant, was contracted to conduct a management study, identify strengths and weaknesses of the Office, and to make recommendations as to how the operation could be more effective; that the KPMG study concluded the joint office has proven beneficial to the City and County and should continue under a new structure. Mr. Hadsell referred to and explained the following compelling reasons cited for continuing the joint venture: Enhancement of customer service to external users, i.e., lenders and contractors Ability to offer more programs and serve more people Increased flexibility in allocating resources to the areas with greatest needs Ability to develop specialized knowledge in each program Potential to gain operational efficiency through consolidation Mr. Hadsell referred to and explained the following issues identified by KPMG as obstacles which have impeded the Office's progress : Lines of responsibilities and accountability, both within the department and externally to the City and County, that can lead to confusion in the performance of an employee's job functions. Problems associated with current facilities Differences between City and County employment policies Inconsistencies between City and County policies and procedures for the processing of various transactions Mr. Hadsell stated that the 1994 Interlocal Agreement supports different policies, procedures, and lines of supervision, depending on the sources of funding or City/County employee status; that, for example, Office employees report to two separate sets of supervisors at distinctly different times, which has resulted in a lack of coordinated direction; that two separate sets of financial accounts, one for the City and one for the County, are maintained; that some internal billing between the City and County still occurs; that private offices in which to take applications from individuals are lacking; that 14 employees are working in a temporary facility designed for 8 employees; that the accounts payable function is performed from an office at the County Administration building; that the rehabilitation inspectors are housed at a third location; that, most importantly, a lack of approval authority exists at the Office; that State Housing Initiatives Partnership (SHIP) funds used for the Down Payment Assistance Program require approval by the Deputy County Administrator; that he is authorized to approve an expenditure of HOME funds within the City of Sarasota but not within Sarasota County; that processing loan applications through various levels of authority is time consuming and negatively impacts production in the Office. Mr. Hadsell continued that the KPMG study concluded that the Office can function more effectively, as one department; and referred to and explained the following key elements recommended by KPMG and incorporated into the revised 1998 Interlocal Agreement providing for a new structure which will maintain the advantages of the current system but eliminate the obstacles preventing the Office from most efficiently serving customers: 1. Assign administrative operations under the umbrella of the City, with the Office operating under one set of personnel rules and accounting systems and future personnel being hired by the City. Mr. Hadsell stated that KPMG concluded the City has been operating community and housing programs longer, has a stronger need for redevelopment, and that State law provides more flexibility for cities than counties. 2. Provide for approval by both the Sarasota City Commission and Sarasota Board of County Commissioners on the scope of programs, annual budget, and progress of the Office. 3. Provide for the Deputy City Manager and Deputy County Administrator to serve as Management Staff with responsibility of ensuring City and County objectives are communicated and that the Director meets established accountability standards, approving expenditures for larger projects and written policies and procedures for administration of the Office, and working to establish consistent personnel rules. Mr. Hadsell stated that consistent personnel rules are important; that, for example, the difference in the holiday schedule of City and County employees at times results in County employees working at a City facility when that City facility is closed. BOOK 44 Page 16764 06/01/98 3:00 P.M. BOOK 44 Page 16765 06/01/98 3:00 P.M. 4. Grant the Director approval authority for routine transactions, including rehabilitation loans, and over the day-to-day operation of the Office. The Director will be held accountable for the performance of the Office, responsible for preparing written policies and procedures for review and approval by the Management Staff, required on an annual basis to establish and meet objective performance goals, and required on a quarterly basis to report to the City/County Commissions on the activities of the Office compared to objectives. 5. Require the Director to take a proactive leadership role and work with the proposed advisory committee comprised of builders, lenders, developers, and Realtors to establish programs to better meet the needs of the community. 6. Increase the term of the Interlocal Agreement to ensure sufficient time is provided to fulfill the purpose of the Office. Mr. Hadsell stated that KPMG also recommended the following: Provide new, expanded facilities to accommodate the growth of the Office, allow for privacy in meetings with program participants, and permit increased effectiveness in providing services. Fill staffing vacancies and create additional positions for the administration of SHIP funds. Abolish the existing Loan Committee, which approves all loans made through the rehabilitation program, and establish an advisory committee established to provide guidance to the Office in addressing community housing needs. Mr. Hadsell stated that a proposed work plan is included in the documentation provided to the Commission; that following approval of the 1998 Interlocal Agreement, Staff intends to report back to the Commission and request approval of the work plan. Ms. Davis stated that City and County Staffs have worked diligently in developing a revised Interlocal Agreement and work plan beneficial to both jurisdictions. Commissioner Pillot referred to the following recommended actions for the City/County Commissions; and asked the reason for the difference? CITY COMMISSION ACTIONS: 1. 1998 Interlocal Agreement 2. Resolution to adopt the Proposed HOME Consortium Agreement = Federal Fiscal years 1999-2001 3. Resolution to adopt the Proposed Amendment to the HOME Consortium Agreement Federal Fiscal years 1996-1998 4. Revised SHIP Interlocal Agreement 5. Resolution to adopt the SHIP Local Housing Plans for 1995-1996, 1996-1997 and 1997-2000 6. Authorize the revised SHIP Ordinance to be advertised for Public Hearing on June 15, 1998 COUNTY COMMISSION ACTIONS: 1. 1998 Interlocal Agreement 2. Resolution to adopt the Proposed HOME Consortium Agreement - Federal Fiscal Years 1999-2001 (Tab 10) 3. Resolution to adopt the Proposed Amendment to the HOME Consortium Agreement Federal Fiscal Years 1996-1998 4. Revised SHIP Interlocal Agreement 5. Authorize the revised SHIP Ordinance to be advertised for Public Hearing on June 23, 1998 Mr. Hadsell stated that the City will assume administrative responsibility; therefore, the SHIP grant has to be resubmitted to the State under the City's name; that County approval of the revised SHIP Ordinance is required to transfer administrative responsibility of the SHIP program to the City; that City approval of the SHIP Ordinance is required to establish a Trust Fund with the City of Sarasota for the receipt of SHIP funding; that the trust fund established by the County will be maintained until such time as all the funds are expended. Commissioner Pillot stated that the action requested under City Commission Item 5 does not require endorsement by the County Commission. Mr. Hadsell stated that is correct. Commissioner Cardamone stated that she has always desired and is pleased the administrative operations of the Office will be brought under the City's jurisdiction; and asked for further clarification of the change from a loan committee to an advisory committee. Mr. Hadsell stated that the loan committee, whose sole responsibility is to approve rehabilitation loans, uses objective criteria prepared by the Office and essentially serves a "rubber stamp" function; that the advisory committee will not be an BOOK 44 Page 16766 06/01/98 3:00 P.M. BOOK 44 Page 16767 06/01/98 3:00 P.M. official board but an informal board which will meet with the Director and Staff on a monthly basis to review existing programs, make recommendations on future programs, and bring forth observed problems or required improvements in operations. Commissioner Cardamone asked if the City/County Commissions will be making nominations to the advisory committee? Mr. Hadsell stated no; that the intent is to request representation from the Homebuilders Association, the Coalition of Bankers, Realtors Association, and nonprofit agencies developing lower-income housing. Vice Mayor Patterson stated that although the lead administrative responsibility is reversed, the proposed structure for the Office of Housing and Community Development seems similar to that established for the Stormwater Environmental Utility (SEU), which was not successful; and asked the parameters within which the Office can be divided if the proposed structure is not successful? Mr. Hadsell stated that the term of the revised Interlocal Agreement is ten years, which will automatically be renewed in successive five year periods unless the City or County Commission provides written notice of termination nine months prior to the expiration of the initial term or any extensions; that the City and County Commissions are required to fund the budget for the Office on an annual basis; that, potentially, dissatisfaction by either party could be discussed and addressed during any annual budgeting process. Vice Mayor Patterson stated that liability for the City could result if the City is contractually obligated to provide services for 10 years, and the County refuses to fund the annual budget; and asked how the funding is addressed in the Interlocal Agreement? Mr. Hadsell stated that Section 6, Office Budget, outlines the activities to occur during the annual budget procèss. City Attorney Taylor stated that the City and County will be executing a 10-year contract; therefore, the concept referenced by Mr. Hadsell regarding nonapproval of funding during the budget process is not an actual option; that incorporating specific language is strongly recommended if the opportunity to terminate the agreement by providing a certain amount of notice, e.g., one year, is desired by the Commission. Michael Connolly, City Attorney's Office, came before the Commission and stated that the Interlocal Agreement provides for termination by either the City or County if notice is provided nine months prior to the expiration of the ten-year term or any renewal term. Vice Mayor Patterson stated that the potential of the County's choosing not to fund the annual budget but the City still being bound to provide the service is her concern; and asked if the Agreement implies a ten-year obligation by the County to fund the Office budget? Attorney Connolly stated yesi however, the obligation is not specifically stated. Vice Mayor Patterson asked if the City is guaranteed funding by the Agreement? Attorney Connolly stated no. City Attorney Taylor stated that a provision could be included to obligate the funding. Attorney Connolly stated that as the Agreement is currently drafted, failure to fund the Office budget would be viewed as a breach of contract; however, the language could be made stronger to clarify the intent. Commissioner Cardamone stated that a change in membership on the City and County Commissions is likely during the term of the Interlocal Agreement; that five years in the future either of the Commissions may not want to fund the Office; that specific language should be incorporated. City Attorney Taylor asked if the County intends to be bound by the Interlocal Agreement for 10 years. Mr. Hadsell stated yes. City Attorney Taylor stated that incorporating language to clarify the intent should not be a problem. Vice Mayor Patterson stated that the issue should be resolved as deemed appropriate by the Administration to ensure the City is sufficiently protected. Vice Mayor Patterson continued that the City will be assuming additional expenses, e.g., healthcare and pension benefits, for new personnel; that a portion of Mr. Hadsell's time will now benefit the County; that a cost will also be associated with providing sufficient space for the Office; and if such expenses have been accounted for in determining the County's portion of the administrative expenses? Mr. Hadsell stated that KPMG is assisting in the development of an indirect cost plan whereby percentages of employees' time expended on the various programs will be charged against the appropriate grant funds. BOOK 44 Page 16768 06/01/98 3:00 P.M. BOOK 44 Page 16769 06/01/98 3:00 P.M. Vice Mayor Patterson stated that KPMG is preparing the percentages and the City's Finance Department is delineating the expenses to which the percentages will apply. Mr. Hadsell stated that is correct. Vice Mayor Patterson asked how the cost for the physical facilities will be addressed?. City Manager Sollenberger cited the following from Section 12, Termination, of the 1998 Interlocal Agreement: C. In the event this Interlocal Agreement is terminated, any outstanding indebtedness arising out of this Interlocal Agreement, such as the lease of Office space, will be paid in proportion to the future grant funds, described in Section 4, received by the City and County. Vice Mayor Patterson asked if the ongoing annual expenses for providing office space will be proportioned in a manner similar to the personnel expenses? Mr. Hadsell stated yes. City Manager Sollenberger stated that the intent is to lease space for the Office. Vice Mayor Patterson asked the square footage required? Mr. Hadsell stated that approximately 5,000 to 6,000 square feet is required to sufficiently house all Office employees at one location; that 5,200 square feet would be optimum to meet current needs; that 6,000 square feet would provide for future expansion. Vice Mayor Patterson stated that consideration should have been given to relocating the Office to the former White Sox clubhouse at Payne Park, which the County utilizes for office space but for which the City receive no rent. Commissioner Cardamone stated that the Administration should investigate the potential of recovering the building at Payne Park for use by the Office. Vice Mayor Patterson agreed. Vice Mayor Patterson requested that an analysis comparing Office activities in FY 97/98 to FY 98/99 be prepared and presented to the Commission. Mr. Hadsell stated that quarterly reports comparing Office activities to objective performance goals will be provided to the City/County Commissions. City Manager Sollenberger stated that the Administration recommends approval of the following, with the resolutions to be presented to the Commission for approval on June 15, 1998: 1. 1998 Interlocal Agreement 2. A resolution to adopt the Proposed HOME Consortium Agreement = Federal Fiscal Years 1999-2001 3. A resolution to adopt the Proposed Amendment to the HOME' Consortium Agreement = Fiscal Years 1996- 1998. 4. Revised SHIP Interlocal Agreement 5. A resolution to adopt the SHIP Local Housing Plans for 1995-1996, 1996, 1997, and 1997-2000. 6. Setting the revised SHIP Ordinance for public hearing on June 15, 1998. On motion of Commissioner Cardamone, and second of Commissioner Pillot, it was moved to approve the 1998 Interlocal Agreement and Revised SHIP Interlocal Agreement and' to set the revised SHIP Ordinance for public hearing on June 15, 1998. Attorney Connolly asked if the intent of the motion is to incorporate into the 1998 Interlocal Agreement additional language to clarify that failure to fund the annual budget for the Office is a breach? Commissioner Cardamone, as maker of the motion, stated yes. Mayor Dupree called for the vote on the motion to approve: . 1) the 1998 Interlocal Agreement with language incorporated to clarify a failure to fund the annual budget is a breach of contract, 2) the Revised SHIP Interlocal Agreement, and 3) setting the revised SHIP Ordinance for public hearing on June 15, 1998. Motion carried unanimously (4 to 0): Cardamone, yes; Dupree, yes; Patterson, yes; Pillot, yes. 7. NEW BUSINESS: DISCUSSION RE: FUNDING REQUEST OF HELEN R. PAYNE DAY NURSERY APPROVED UP TO $75,000 AND ADMINISTRATION TO RECOMMEND FUNDING SOURCE (AGENDA ITEM IV-1) #1 (3544) through #2 (0494) City Manager Sollenberger stated that the Helen R. Payne Day Nursery submitted a funding request for $75,000 to renovate the building previously used as a child care facility located at 1742 Dr. Martin Luther King, Jr. Way and leased from the City for a 20-year term; that the Administration is not making a recommendation on the request; that a possible source of funding is Community Development Block Grant (CDBG) funds; however, other worthy purposes may lose funding as a result; that the funding objective of the Helen R. Payne Day Nursery is $450,000, of which $300,000 has been raised from major funding sources; that another BOOK 44 Page 16770 06/01/98 3:00 P.M. BOOK 44 Page 16771 06/01/98 3:00 P.M. funding source has been contracted by the Administration and has indicated a tentative commitment of $75,000; that the welfare of a community's youth is of the highest importance; that other funding sources may be available; that the request is being presented as the Commission is currently considering allocation of CDBG funds; that other funds may be available if the City is successful in marketing the City-owned property at 1865 Laurel Street. Commissioner Cardamone asked if the tentative commitment of $75,000 is a strong potential? City Manager Sollenberger stated yes; that the party indicated a tentative affirmative decision has been reached; however, additional discussion is required prior to a final decision. Commissioner Cardamone stated that the City has made a contribution by leasing the building to the Helen R. Payne Day Nursery for $1 per year. Vice Mayor Patterson stated that the building has been in disrepair for years; that the benefit is the City will not have to pay the entire cost of renovation; that the success of the Helen R. Payne Day Nursery in raising $300,000 is marvelous. Commissioner Cardamone stated that the funds may not be firmly committed. Vice Mayor Patterson stated that the City's funding could be issued as a capping grant; that the funding request should not receive priority over other funding requests already promised; that the Helen R. Payne Day Nursery is one of her top priorities if funds are available; however, approval is difficult without a knowledge of other requests; and asked what other worthwhile causes may not be funded if the funding request of the Helen R. Payne Day Nursery is approved? City Manager Sollenberger stated that some CDBG funds were proposed for allocation to infrastructure improvements and improvements to neighborhoods; that formal consideration of the funding request can occur when the Commission considers allocation of CDBG funds. Donald Hadsell, Director of Housing and Community Development, came before the Commission, and stated that the Commission approved a tentative list of projects at the May 18, 1998, regular Commission meeting as follows: Housing Rehabilitation Program $119,232 Code Enforcement and Emergency Repair Sarasota Housing Authority 100,000 Fence at McCown Towers Sarasota Housing Authority 80,000 Breezeway Improvements at McCown Towers Sarasota County Educational Assistance Program 150,000 City of Sarasota 250,000 Sidewalk, Curbs, Gutters and Ramps City of Sarasota 30,000 Sevilla Park Playground Mr. Hadsell stated that notification of the projects has been through advertisement and notice distribution; that the projects represent a proposed use of funds; that a 30-day public comment period will occur. Mayor Dupree stated that diverting funds from projects to which the City is already committed is a concern. Mr. Hadsell stated that no funds have been committed; that the Commission has authorized advertising for a 30-day public comment period. Mayor Dupree asked if the possible recipients have been notified that funds will be available. Mr. Hadsell stated that the Commission directed three years ago that each applicant be notified of the Commission's intent regarding CDBG funds; that the letters have not yet been distributed; that the notification will consist of the information already legally advertised. Vice Mayor Patterson asked if cash will be received for the property the City is selling? City Manager Sollenberger stated yes. Greg Horwedel, Director of Neighborhoods and Redevelopment, came before the Commission and stated that final comments will be received from the Evaluation Team on the Request for Proposal (RFP) for the sale of the City-owned lots located at 1865 Laurel Street which were purchased in 1994; that the RFP will be distributed shortly thereafter; that the appraised value is approximately $140,000 for the land and the structure; that in addition, a proposed purchase agreement for City-owned property located at 1402 Seventh Street will be considered later in the Agenda; that the proposed sale is for $180,000 in cash. Vice Mayor Patterson asked the source of the funds used to purchase the property located at 1402 Seventy Street? City Manager Sollenberger stated that General Fund monies were used. BOOK 44 Page 16772 06/01/98 3:00 P.M. BOOK 44 Page 16'773 06/01/98 3:00 P.M. Mr. Horwedel stated that funding could be provided for the Helen R. Payne Day Nursery, if desired, and replenished from proceeds of the sale of the property located at 1865 Laurel Street. City Manager Sollenberger stated that Staff can provide a mechanism for funding if the Commission desires; that the issue is whether the Commission wishes to approve the funding request; that a recommendation as to the source of funding can be returned to the Commission. Commissioner Pillot stated that the Helen R. Payne Day Nursery requires approximately $150,000 to achieve the funding goal; that the Administration has indicated confidence in receipt of a private donation of $75,000, resulting in the request to the City for $75,000; that the Administration indicated a recommendation will be returned to the Commission if desired; that three people are signed up to speak, all of whom are supporters of the project. On motion of Commissioner Pillot and second of Vice Mayor Patterson, it was moved to approve the funding request for up to $75,000 and authorize the Administration to return with a recommendation of a funding source. The following people came before the Commission: Raymell Grimes, 1580 28th Street (34234), deferred from speaking. Clay Palmer, 1444 First Street (34236), deferred from speaking. Marie Millet, 5876 Clubsite Drive (34243), deferred from speaking. Commissioner Cardamone stated that the maximum funding will be $75,000; that additional funding should not be anticipated; that all the CDBG projects advertised are north of downtown, with the exception of possible housing rehabilitation funds; that funds from the sale of the property located at 1865 Laurel Street and at 1402 Seventh Street should be designated for neighborhoods; that the motion will be supported; however, an Administrative recommendation to use funds from the sale of the two properties will not be supported; that a creative solution is expected; that neighborhood issues should be addressed; that a considerable amount of money is being spent in one section of the community. Vice Mayor Patterson stated that Sevilla Park is a neighborhood; that child care is a neighborhood use; that the alternative will be to use reserve funds; that the proceeds from the sale of the two properties can then be put back in reserve funds. Commissioner Cardamone stated that reserve funds should not be used. Vice Mayor Patterson stated that the funding request will be supported. Mayor Dupree called for the vote on the motion to approve the funding request up to $75,000 and authorize the Administration to return with a recommendation of a funding source. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Dupree, yes. 8. NEW BUSINESS: APPROVAL RE: LIST OF PROJECTS AND ORDER OF PRIORITIES FOR THE FDOT'S FISCAL YEAR (FY) 1999/00 - 2003/04 TRANSPORTATION. IMPROVEMENT PROGRAM = APPROVED (AGENDA ITEM IV-2) #2 (0494) through (1096) Asim Mohammed, Assistant City Engineer, came before the Commission and gave a computer-generated slide presentation referencing City projects currently included and City projects recommended for inclusion on the Priorities List of the Metropolitan Planning Organization (MPO) and stated that all projects proposed for Florida Department of Transportation (FDOT) and Federal funding require City Commission approval prior to consideration by the MPO's Technical Advisory Committee (TAC) and inclusion in FDOT's Five-Year Plan; that the additional projects recommended for the MPO's Priorities List for FDOT's Fiscal Year (FY) 1999/00 - 2003/04 Transportation Improvement Program are: Project Limits Type Tenth Street U.S. 41 to U.S. 301 Intersection Widening U.S. 41 Osprey Avenue to U.S. 301 Widening U.S. 41 Fruitville Road Intersection Improvements Siesta Drive Osprey Avenue to Bridge Intersection Improvements Mr. Mohammed stated that the specifics of the projects are as follows: Tenth Street project: widening Tenth Street from two lanes to four lanes from Orange Avenue to U.S. 301 and adding a lane at the intersection of U.S. 41 and Tenth Street, encouraging increased use of Tenth Street to Lemon Avenue, bypassing the congested section of U.S. 41 from Tenth Street to Fruitville Road U.S. 41 project from Osprey Avenue to U.S. 301 adding a third south-bound lane on Mound Street (U.S. 41) to the intersection of U.S. 41 and U.S. 301 BOOK 44 Page 16774 06/01/98 3:00 P.M. BOOK 44 Page 16775 06/01/98 3:00 P.M. U.S. 41 project in the Fruitville Road area - The project involves the improvements which are part of the Renaissance of Sarasota project and which are anticipated prior to FY 2003/04; however, the project has been included in the event funds become available prior to FY 2003/04. Siesta Drive The project is to increase the amount of storage in the left-turn lanes from east-bound to north-bound at the intersection of Osprey Avenue and Siesta Drive, alleviating the congestion of traffic from Siesta Key traveling toward downtown. Commissioner Cardamone asked why the U.S. 41 project at Fruitville Road is included on the MPO's Priorities List if the project will be funded from roadway impact fees? Mr. Mohammed stated that occasionally FDOT funds are available if scheduled projects are delayed; that the U.S. 41 project at Fruitville Road does not involve considerable design work and the right-of-way (ROW) is available; therefore, the project can be completed in a relatively short time frame; that another project could be substituted in the future if the U.S. 41 project at Fruitville Road is completed using roadway impact fees. Vice Mayor Patterson stated that the City's projects never seem to reach the top of the MPO's Priorities List when such substitution occurs. Mr. Mohammed stated that the City's largest project is the widening of U.S. 41, which is at the top of the MPO's Priorities List; that FDOT is allocating several million dollars each year toward the total funding required for the project. Vice Mayor Patterson referred to the list of current MPO priorities; and asked for clarification of the U.S. 301 project from Tenth Street to Wood Street, which is on the MPO Priorities List as #4. Mr. Mohammed stated that improved sidewalks and landscaping are planned; that the MPO has taken clear action that U.S. 301 from Tenth Street to Wood Street will not be widened, consistent with the Commission's desires. Vice Mayor Patterson asked if the proposed projects will be added to the MPO Priorities List or will supplant current MPO Priorities? Mr. Mohammed stated that the proposed projects will receive a TAC technical evaluation based on the benefit to the driving public and how well the projects address traffic capacity constraints; that the proposed projects could be elevated to the top of the MPO Priorities List based on the technical evaluation; that for example, the U.S. 41 project in the Fruitville Road area will probably receive a high priority rating. Vice Mayor Patterson asked the priority of the drainage project for St. Armands Circle? Mr. Mohammed stated that the project is Priority #17; that funding is currently being provided for Priority #1 through #6 projects. Mayor Dupree asked if the MPO's priority rating must be accepted? Commissioner Cardamone stated that action to increase the priority rating can be requested from the Commission's MPO members. Mr. Mohammed stated that the MPO does re-evaluate existing priorities if, for example, considerable public support is demonstrated or special issues must be addressed. Commissioner Cardamone stated that the funds for enhancement projects is the result of a compromise motion by Vice Mayor Patterson at the last MPO Board meeting. Mr. Mohammed referred to the list of enhancement projects as follows: Project Limits Type Bayfront Phase I Bayfront to Whitaker Gateway Park Bicycle Path Bayfront Phase II Whitaker Gateway Park to New College Bicycle Path Golden Sands Fruitville Road/Beneva Road Park Pedestrian Safety Tenth Street to Ringling Boulevard Crosswalk on U.S. 41 Mr. Mohammed stated that funding has been provided for Phase I and II of the Bayfront projects; that Staff developed the Pedestrian Safety project on U.S. 41 after the Commission decided not to pursue the pedestrian overpass at 6th Street and U.S. 41; that all the intersections on U.S. 41 from Tenth Street to Ringling Boulevard were evaluated for necessary improvements for pedestrian safety; that the improvements will include brick crosswalks, special pedestrian lights, and median refuge areas where possible. Commissioner Cardamone stated that the pedestrian safety improvements could be funded by the developers of the Renaissance of Sarasota project in lieu of the proposed pedestrian overpass. Vice Mayor Patterson stated that using grant opportunities to fund the developer's obligation is a concern. BOOK 44 Page 16776 06/01/98 3:00 P.M. BOOK 44 Page 16777 06/01/98 3:00 P.M. Commissioner Cardamone stated that the estimated cost for the proposed pedestrian overpass was approximately $1 million. Mr. Mohammed stated that the project fits the MPO's criteria for available enhancement project funding. Commissioner Cardamone asked if the Pedestrian Safety project on U.S. 41 will cost more than the obligation of the developer of the Renaissance of Sarasota project. Mr. Mohammed stated that the cost of the project is estimated at $300,000 due to the MPO's limit on the projects considered; that a question exists as to whether the impact of the Renaissance of Sarasota extends to Ringling Boulevard and Tenth Street. Commissioner Cardamone stated that the suggested pedestrian overpass is not viable due to the extended ramp length required; and asked how the developer's obligation will be handled? City Manager Sollenberger stated that discussions were held with the developer's representative who was impressed with an at-grade crosswalk demarking the pedestrian zone including a pedestrian- accessible traffic signal. Commissioner Cardamone stated that the proposed enhancement project will complete all pedestrian safety enhancements at the rest of the intersections on U.S. 41 from Tenth Street to Ringling Boulevard. Vice Mayor Patterson stated that the MPO Board meeting is scheduled for June 29, 1998; that she will be in New York and unable to attend; that attendance would be preferred as the Siesta Drive project has been a long-term personal interest; that a designated substitute is requested to attend; that representation by Commissioner Merrill who previously had the longest tenure on the MPO Board may be advisable. Commissioner Cardamone stated that the City's two votes are necessary at MPO Board meetings. Mr. Mohammed stated that the MPO Board will not be presented with the enhancement projects for consideration until the July or August 1998 meeting; that the list must first be reviewed by the TAC. Deputy City Auditor and Clerk McGowan stated that Commissioner Merrill will be contacted and the MPO advised. City Manager Sollenberger stated the Administration recommends approving Staff's recommendations for new projects for the MPO's Priorities List. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to approve Staff's recommendations for new projects for the MPO's Priorities List. Motion carried unanimously (4 to 0) : Cardamone, yes; Patterson, yes; Pillot, yes; Dupree, yes. 9. NEW BUSINESS: APPROVAL RE: PROPOSED PURCHASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND MR. HARVEY VENGROFF FOR CITY- - OWNED PROPERTY LOCATED AT 1402 SEVENTH STREET - APPROVED (AGENDA ITEM IV-3) #2 (1096) through (1276) City Manager Sollenberger stated that a proposal to purchase City-owned property at 1402 Seventh Street for $180,000 has been received from Harvey Vengroff; that the proposed purchase price is approximately $100,000 more than the City's investment which was the original purchase price of approximately $65,000 and an additional $20,000 to $25,000 for demolition of the buildings on the site. Gregory Horwedel, Director of the Department of Neighborhoods and Redevelopment, came before the Commission and stated that Mr. Vengroff recently purchased the A-1 Plumbing Building across the street on Central Avenue; that the redevelopment plans for the A-1 Plumbing Building include use of the first floor by the Sarasota School of Arts and Sciences, which is the new charter school opening in 1998, and a catalogue call center on the second floor, the latter of which will create 100 to 150 new jobs; that a new commercial building and a minimum of four housing units will be built on the property at 1402 Seventh Street, which is approximately 1.1 acres in size; that all design elevations including landscaping will be subject to City approval; that Mr. Vengroff agrees not to sell the property to any tax-exempt entity for 20 years without the City's approval; that any tax-exempt entity purchasing the property would be required to make a payment to the City in lieu of taxes if such sale were approved; that the property will be returned to the City for the original purchase price of $180,000 for failure to comply with the terms of the purchase agreement or to obtain a Certificate of Occupancy within two years. Commissioner Pillot stated that the proposed purchase price is greater than the appraised value of $178,500 as determined by the City's appraiser; that the proposed use of the property will be constructive and positive in this area of the City; that the developer's agreement to have landscaping, design, etc., subject to the City's approval is positive. BOOK 44 Page 16778 06/01/98 3:00 P.M. BOOK 44 Page 16779 06/01/98 3:00 P.M. City Manager Sollenberger stated that the Administration's recommendation is in accordance with Administrative Regulation No. 024.A005.0595 providing for disposal of City property through the appraisal process; that the Administration recommends approving the purchase agreement with Mr. Vengroff for the property located at 1402 Seventh Street. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve the purchase agreement with Mr. Vengroff for the property located at 1402 Seventh Street for $180,000. Commissioner Cardamone stated that the purchase agreement with Mr. Vengroff is positive for the City; that storefront will be created on Central Avenue; that the residential component is positive; that positive disposition of the property has been desired for years; that the agreement is pleasing. Vice Mayor Patterson stated that congratulations are offered to Commissioner Cardamone who has led the effort in redeveloping the Rosemary District; that the offered purchase price is substantially above an appraisal conducted several years earlier. Mayor Dupree called for the vote on the motion. Motion carried unanimously (4 to 0): : Cardamone, yes; Patterson, yes; Pillot, yes; Dupree, yes. Commissioner Cardamone stated that planning for a charette for development of the Rosemary District should begin; that property values are increasing; that interest is being generated; that the downtown area is expanding toward the Rosemary District; that visualizing future development is important; that the Rosemary District Redevelopment Advisory Board is key to the effort; that the Commission has discussed the Rosemary District but has not created a planning vision; that developers and investors would appreciate having an understanding of the City's goals for the Rosemary District; that the efforts should begin in the late summer 1998; that Commission support to proceed would be appreciated. Mayor Dupree stated that hearing the Commission's agreement, planning for a charette for development of the Rosemary District should begin. 10. CITY COMMISSION TO RECESS UNTIL 6:00 P.M. (AGENDA ITEM V) #2 (1276) Mayor Dupree recessed the regular meeting of June 1, 1998, at 5:08 p.m. Mayor Dupree reconvened the City Commission meeting of June 1, 1998, at 6:02 p.m. 11. PRESENTATION RE: : EMPLOYEE OF THE MONTH FOR MAY 1998, JAMES L. EVANS, LABORER, PUBLIC WORKS DEPARTMENT #3 (0039) through (0230) Mayor Dupree requested that William Hallisey, Director of Public Works, and James Evans, Laborer, Landscape Maintenance Division, join him before the Commission. Mr. Hallisey stated that James Evans has worked for the City of Sarasota for over twenty-six years; that Mr. Evans transferred to the Landscape Maintenance Division of the Public Works Department last year after many years with the Sarasota Mobile Home Park; that Mr. Evans has earned the respect of his fellow employees who nominated him for Employee of the Month; that Mr. Evans is a hardworking, faithful, dependable employee; that Mr. Evans I attitude of accepting all tasks assigned with great enthusiasm is his best attribute; that Mr. Evans greets everyone with a smile and a friendly welcome. Mr. Hallisey continued that Mr. Evans helps in achieving the City's vision to be "a City of Urban Amenities with Small Town Living and Feeling" and is an employee who serves the City of Sarasota with "Excellence and Pride. Mayor Dupree presented Mr. Evans with a plaque, a City-logo watch, and a certificate as the May 1998 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Evans expressed his appreciation; and requested that his parents join him before the Commission. Betty Evans stated that she was proud of her son and Lawrence Evans stated that attending a meeting at which a presentation honoring his son was made has been pleasure. 12. PRESENTATION RE: SARASOTA POLICE DEPARTMENT #3 (0230) through (0389) Mayor Dupree stated that the lives of police officers are risked daily to protect citizens; that many have died recently in the line of duty throughout the nation; that making a presentation to the police department is appropriate at this time. Mayor Dupree requested that John Lewis, Chief of Police, join him before the Commission. BOOK 44 Page 16780 06/01/98 3:00 P.M. BOOK 44 Page 16781 06/01/98 3:00 P.M. Mayor Dupree cited and presented to Chief Lewis a plaque addressed to the Police Department which was signed on behalf of the Commission and read as follows: In consideration of all the work you do and the way you place your lives on the line daily, we thank you. In light of what happened to the detectives and the trooper in Tampa, just days ago. we are made astoundingly aware of how much you give and often we fail to think of you as people who have families and loved ones just as we do. But tragedies such as the recent one in our own Tampa Bay area serve to remind us of your importance and the significance of your jobs that you do. All too often citizens stand ready to criticize our failings but rarely to praise our accomplishments. We want to thank and praise you for the good you have done and continue to do. Thank you for helping to protect our property and our lives. We, and the City of Sarasota owe you a great debt of credit. Chief Lewis stated that the plaque is gratefully accepted on behalf of the men and women of the Sarasota Police Department and all law enforcement; that the expressions of empathy, support, and understanding of the dangerous and difficult job performed is appreciated; that the support which has been received from everyone during the nine- and-one-half years he has served with the Police Department is appreciated. 13. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF MAY 6, 1998 1) RECEIVED REPORT AND 2) AFFIRMED PLANNING BOARD/LOCAL PLANNING AGENCY'S APPROVAL OF SPECIAL EXCEPTION PETITION NO. 98-SE- 05 (AGENDA ITEM VI-1) #3 (0390) through (0485) Jane Robinson, Director of Planning and Development, and Lou Ann Palmer, Vice Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Ms. Palmer presented the following item from the PBLP's regular meeting of May 6, 1998. Petition No. 98-SE-05 St. Martha's Day Care Ms. Palmer stated that Petition No. 98-SE-05 is a request for a special exception to increase the enrollment from 36 children to 56 children at St. Martha's Day Care facility located at 1662 Fourth Street on property zoned Residential, Multi-Family (RMF-4). Ms. Palmer continued that the PBLP found Petition No. 98-SE-05 consistent with the Sarasota City Plan and recommends Commission affirmation of the PBLP resolution approving the special exception Petition. On motion of Commissioner Pillot and second of Vice Mayor Patterson, it was moved to: 1) receive the board report of the PBLP's regular meeting of May 6, 1998, and 2) affirm the PBLP's approval of special exception Petition No. 98-SE-05. Motion carried unanimously (4 to 0) : Cardamone, yesi Patterson, yes; Pillot, yes; Dupree, yes. 14. BOARD ACTIONS : REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S SPECIAL MEETING OF MAY 21, 1998 - 1) RECEIVED REPORT AND 2) APPROVED TENTATIVE. SCHEDULE OF JULY 16, 1998 AND JULY 21, 1998, FOR THE WORKSHOPS (AGENDA ITEM VI-2) #3 (0485) through (0900) Jane Robinson, Director of Planning and Development, Paul Costanzo, Chief Planner, and Lou Ann Palmer, Vice Chair of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Ms. Palmer presented the following items from the Planning Board/Local Planning Agency's special meeting of May 21, 1998: Land Development Regulations (LDRs) Draft Phase I Ms. Palmer stated that the PBLP held approximately 40 hours of meetings in over 10 sessions; that opportunity for public input was provided at the end of each session; that an abundance of public input was received; that the PBLP held a public hearing concerning Phase I LDRs on May 21, 1998; that only two public presentations were made which indicates the excellent work completed by City Staff; that the PBLP found the draft LDRs consistent with the Sarasota City Plan, and recommends Commission approval. Mr. Costanzo stated that two public workshops totaling five to six hours are proposed as a method for Commission review of the draft Phase I LDRs document; that a Staff presentation at the first workshop will include an overview of the structure and contents of the LDRs document, and review of the major revisions made to the Staff draft document by the PBLP, as well as the PBLP's generalized comments and perspective on various issues; that Commission discussion, questions, and answers, will follow the Staff presentation. BOOK 44 Page 16782 06/01/98 3:00 P.M. BOOK 44 Page 16783 06/01/98 3:00 P.M. Mr. Costanzo stated that the second workshop will focus on a continuation of the Commission's discussion, questions, and answers; that two public hearings are also required; that the following have been identified as potential dates for Commission review of the draft Phase I LDRs document: Workshops Public Hearings July 16, 1998 7 to 10 p.m. October 7, 1998 July 21, 1998 7 to 10 p.m. October 14, 1998 Mr. Costanzo stated that Commission review of the 1998 Sarasota City Plan Update has been scheduled for several dates in June, some of which have been scheduled on an as needed basis; that, potentially, the two LDRS workshops could be rescheduled to any unused dates reserved for review of the 1998 Sarasota City Plan Update and the public hearings on the draft Phase I LDRs document held on July 16 and July 21, 1998. City Manager Sollenberger stated that the budget workshops have been scheduled on three dates during the week of July 21 24, 1998; that the Staff presentation and Commission deliberation on the FY 1998/99 budget may require only two of those dates; that, potentially, the LDRs workshop could be rescheduled to the third date currently reserved for the budget workshops. Ms. Palmer stated that the PBLP is aware of the Commission's desire to complete Phase I of the LDRs as soon as possible. Commissioner Cardamone stated that rescheduling the LDRS workshops to dates unused for the Sarasota City Plan deliberations is supported; that the progress made is commendable; that she looks forward to reviewing the draft Phase I LDRs document. Vice Mayor Patterson stated that a lightening of the Commission's extensive meeting schedule in June and July would be appreciated due to other obligations; that rescheduling the LDRs workshops to unused dates for the Sarasota City Plan deliberations is not preferred; however, efforts will be made to attend the LDRs workshops as scheduled. Mr. Costanzo stated that the time required for review of the draft Phase I LDRS document will depend on the extent of the Commission's questions; that the entire six hours reserved for the LDRs workshops may not be necessary. Commissioner Pillot stated that the July dates have been noted; that efficient use of time is desired by the Commission. Ms. Palmer stated that the PBLP recommends the Commission's receiving the report of the PBLP's special meeting of May 21, 1998, and approving the tentative schedule for review of the draft Phase I LDRs document. On motion of Commission Pillot and second of Vice Mayor Patterson, it was moved to receive the report of the PBLP's special meeting of May 21, 1998, and approve the tentative schedule of July 16, 1998, and July 21, 1998, for the workshops. Commissioner Cardamone stated that the July 16, 1998, workshop date has not been verified by all five Commissioners; that the date should be confirmed as soon as possible. Vice Mayor Patterson asked for clarification of the scheduled time. Mr. Costanzo stated that the workshop is scheduled for 7:00 p.m. to 10:00 p.m. on July 16, 1998. Mr. Sollenberger stated that three budget workshops are scheduled in Julyi that the Commission can conclude budget matters within two workshops; that the time set aside for the third budget workshop can be used for the LDRs workshop. Commissioner Pillot stated that the Commission can work with the schedule presented with modifications made as necessary for efficiency. Commissioner Pillot stated that PBLP members have dedicated over 40 hours of work on the LDRs with no tangible compensation; that the PBLP's work will make the regulations useful for future years; that appreciation of the PBLP is publicly expressed. Mayor Dupree called for a vote on the motion to receive the PBLP's report and approve the tentative dates. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yesi Pillot, yes; Dupree, yes. 15. BOARD ACTIONS : REPORT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD'S REGULAR MEETING OF MAY 15, 1998 - REPORT ACCEPTED (AGENDA ITEM VI-3) #3 (0900) through (1087) Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager and Mary Ciner, Citizens with Disabilities Advisory Board member, came before the Commission. Mr. Mountain stated that the Citizens with Disabilities Board is a very active and energized Board; that Pam Dorwarth, Chairman of the Citizens with Disabilities Advisory Board, had a minor stroke; that prayers are extended to Ms. Dorwarth; that the BOOK 44 Page 16784 06/01/98 3:00 P.M. BOOK 44 Page 16785 06/01/98 3:00 P.M. Citizens with Disabilities Advisory Board has much energyi that Maggie Sumney, Total Quality Performance Manager, is helping the Board establish goals and priorities; that Staff from the Engineering, Public Works and Housing and Community Development Departments were present at the May 15, 1998, Citizens with Disabilities Advisory Board's regular meeting; that the Public Works, Engineering, Housing and Community Development and the Building and Zoning Departments have committed support to the Board; that the recommendation is to accept the Citizens with Disability Advisory Board's report. Commissioner Cardamone extended good wishes to Ms. Dorwarth. Vice Mayor Patterson referred to the minutes of the May 15, 1998, Citizens with Disabilities Advisory Board's regular meeting as follows: (representatives of) the Golden Gate Point Association appeared before the Board and explained that when the intersection signal was installed several years ago, new ramps were put in and the existing ones left which has caused a safety problem. Mr. Mountain stated that the Engineering Department and the Golden Gate Point Association will present a report with graphics to the Board to eliminate any previous confusion concerning the extra set of curb cuts after which the Board can make an informed decision to resolve the issue; that the extra set of curb cuts creates confusion. Vice Mayor Patterson agreed; and stated that the extra set of curb cuts almost guide pedestrians into the wrong path. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to accept the Citizens with Disabilities Advisory Board's report. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Dupree, yes. 16. BOARD ACTIONS : REPORT RE: DOWNTOWN AREA PARKING ÇOMMITTEE'S REGULAR MEETING OF MAY 8, 1998 = REPORT REÇEIVED (AGENDA ITEM VI-4) #3 (1087) through (2209) Asim Mohammed, Assistant City Engineer, and Paul Thorpe, Chairman, Downtown Area Parking Committee, and Bruce Franklin, President, the ADP Group, came before the Commission. Mr. Franklin stated that the Downtown Area Parking Committee was originally formed to examine downtown parking issues, particularly parking related to the new library; that an in-depth inventory and analysis was conducted with the assistance of Engineering Staff; that the analysis concluded no parking shortage exists in the downtown area; that plenty of parking spaces exist but people have difficulty finding the available parking; that the analysis included examining parking usage during certain times of the day and during times of high activity; that the City does not have an efficient signage system, particularly for parking; that an informal parking survey was conducted concerning familiarity with directional parking signs; that many people were not aware of the directional parking signs, which are small blue signs with the City logo and an arrow pointing to available parking; that the National Association of Environmental Graphics Designers, a highly specialized association of consultants who work with many cities and retailers in developing signage, image programs, way finding and directional signage programs was contacted for information and assistance the City desires to: 1) help people find parking places and make the signs user-friendly, and 2) take the sophisticated, cosmopolitan City image developed to another level in terms of signage development; that Treu Design of Longboat Key and Shaughnessy Hart and Associates, Inc., of Orlando were asked to submit proposals and to merge proposals to present a joint venture; that Shaughnessy Hart and Associates, Inc., withdrew from consideration. Mr. Franklin continued that Martin Treu of Treu Designs in Sarasota prepared a downtown signage proposal entitled the "Downtown Sarasota Graphics Program" included in the Agenda material and made two presentations to the Downtown Area Parking Committee; that the proposal includes developing an inventory and an image master plan including community and public workshops and charettes and a budget with a phasing or implementation schedule for Commission consideration in future budget allocations; that the Tourist Development Council (TDC), the Airport Authority for the Sarasota/Bradenton International Airport and other diverse groups benefiting from signage can be asked to help fund the program if an image is integrated into a master plan; that some members of the Downtown Area Parking Committee were of the opinion the Downtown Sarasota Graphics Program exceeded the scope of the Committee; that the Commission may wish to consider appointing another committee to deal specifically with the proposed image master plan; that the Downtown Area Parking Committee could handle the proposed image master plan or representatives from the Sarasota Chamber of Commerce or the TDC could supplement the Committee; that the Downtown Area Parking Committee requests the Commission authorize the City Manager to negotiate a contract to develop an image master plan. Mr. Thorpe stated that the Committee was of the opinion that its original mission was to resolve downtown parking questions to the best extent possible; that several Committee members were of the opinion that the scope became too broad when the image master plan was proposed; that the Committee was of the opinion that the BOOK 44 Page 16786 06/01/98 3:00 P.M. BOOK 44 Page 16787 06/01/98 3:00 P.M. involvement of the TDC and other community associations is necessary to help develop the directional signage. On motion of Vice Mayor Patterson and second of Commissioner Pillot, it was moved to accept the Administration's recommendation to receive the Downtown Area Parking Committee report on signage and to refer the proposal for an image master plan to the Administration to return to the Commission with a recommendation. Vice Mayor Patterson stated that one of her campaign issues 7.5 years ago was the lack of directional parking signs after the expenditure of $4.5 million for City parking lots; that the blue parking signs were later developed but are inadequate. Commissioner Cardamone asked if the motion includes adding interested people to the Downtown Area Parking Committee who may have an important contribution to make? Vice Mayor Patterson stated that additional people can be added to the Committee, which has spent much time on downtown parking and will most likely welcome any interested people. City Manager Sollenberger stated that including interested people on the Committee will be made part of the Administration's recommendation. Commissioner Cardamone stated that a large sign indicating "beaches" exists when leaving Sarasota/Bradenton International Airport; that the beaches are far from the airport; that people have to drive a long distance, past many area attractions before getting close to the beaches; that better signage is necessary; that the signage should include the logo, a mission statement and a visual image; that a sign on I-75 indicates the next city is Naples when driving south from Tampa; that directions to Sarasota are not indicated. Vice Mayor Patterson stated that I-75 signage was raised as an issue upon joining the Metropolitan Planning Organization (MPO) in 1993; that Sarasota is hardly indicated on the directions signage on I-75; that many Sarasota City and County residents have attempted to obtain proper signage on I-75 for many years and have failed; that the assertion in the Committee's report that many parking spaces exist in downtown is a concern; that the Commission was asked by the Downtown Association to develop the site on North Palm Avenue, which is the last large piece of property and well located for downtown parking, as a parking garage; that many existing parking spaces require a permit; that a large parking garage may increase downtown parking availability; however, asserting the availability of plenty of parking and subsequently spending millions of dollars to develop more parking does not seem logical. Mr. Thorpe stated that sufficient parking spaces are not available for the long term; that the purpose of purchasing the property on North Palm Avenue for a parking garage is to land- bank parking for the long term; that many people cannot find available parking; that better signage can be installed to direct the public. Vice Mayor Patterson concurred. Mr. Thorpe stated that many parking spaces are not being used as people do not know the locations, especially the City's parking lots on North Lemon Avenue between First and Second Streets. Vice Mayor Patterson stated that many City residents cannot walk from the City's parking lot to Patrick's Restaurant, for example. Mr. Thorpe stated that the walk from the City's parking lot to Patrick's Restaurant is 3.5 minutes; that a parking mall cannot be constructed in front of Patrick's Restaurant. Mr. Mohammed stated that a previously conducted parking study is being updated; that the Commission will soon receive an updated parking study with downtown parking availability. Mayor Dupree asked if the available downtown parking is public or private? Mr. Thorpe stated that many downtown parking lots such as the Zenith Corporation, Huntington Bank's parking garage, the Miramar parking garage and various churches are for private use only during daytime hours and become public for nighttime hours; that vehicles can be towed 24 hours a day when parked in private parking lots with "tow away" signs; that lots with tow away" signs are being researched to determine if the private lots can be used by the public without penalty after 5:00 p.m.i that the Committee is attempting to obtain a blanket insurance policy covering private lots which become public after 5:00 p.m. Mayor Dupree asked how the public will be made aware of the opening to the public of private parking lots after 5:00 p.m.? Mr. Thorpe stated that signage, news media, flyers, businesses and public relations efforts will be used to make the public aware of private parking lots open for public use after 5:00 p.m. Commissioner Cardamone asked if every available piece of land is being inventoried for use as a potential for parking spaces? Mr. Thorpe stated yesi that over 212 parking spaces will be available around the new library. BOOK 44 Page 16788 06/01/98 3:00 P.M. BOOK 44 Page 16789 06/01/98 3:00 P.M. Commissioner Cardamone asked how many spaces currently exist around the library? Mr. Thorpe stated that 125 spaces currently exist around the new library not including the parking on Cocoanut Avenue. Commissioner Pillot expressed gratitude to the Committee; and stated that the Committee minutes have been very thorough. Mayor Dupree requested that the motion be restated. Deputy City Auditor and Clerk McGowan restated the motion as to receive the Downtown Area Parking Committee's report on signage and to refer the proposal for an image master plan to the Administration for a report back to the Commission, including potential additional members to the Downtown Area Parking Committee. Vice Mayor Patterson stated that the Committee's recommendation is as follows: 1. Review a proposal for downtown signage and appoint a signage committee which can oversee development of a Citywide signage master plan. 2. Request the Commission consider Lemon Avenue between First and Second Streets as the location of the new SCAT Transfer Station. Vice Mayor Patterson stated that the Committee's recommendation is not included in the Administration's recommendation; that people will approach the Committee or the City Manager if interested in joining the Committee; that the City Manager did not name people interested in joining the Committee. City Manager Sollenberger stated that the Commission's instructions were to make a recommendation as to whether the Committee should continue handling the issue of signage or if another committee should be appointed to a signage project. Vice Mayor Patterson stated that the motion does not include adding another committee to consider a signage project. Commissioner Cardamone asked if the motion implies the Administration can recommend adding to the current Committee? Vice Mayor Patterson stated that the Administration can recommend adding to the Committee. Mayor Dupree called for a vote on the motion. Motion carried unanimously (4 to 0): : Cardamone, yes; Patterson, yes; Pillot, yes; Dupree, yes. Mr. Thorpe stated that the location of the SCAT Transfer Station is the second issue presénted by the Citizens with Disabilities Advisory Board Committee; that the Committee's recommendation is for the Commission to consider Lemon Avenue between First and Second Streets as the new location of the SCAT Transfer Station. Vice Mayor Patterson stated that Cy Paumier, Planner for Land Design/Research, Inc., was hired as a consultant to review the SCAT Transfer Station project and make recommendations to the Commission; that recommendations have not yet been received. Mr. Thorpe stated that the Committee has worked with Mr. Paumier and City Planning Staff regarding the location of the SCAT Transfer Station, which has been the main issue for the Committee; that the Commission should have knowledge of the Committee's recommendation on the SCAT Transfer Station, which is to locate the SCAT Transfer Station on Lemon Avenue between First and Second Streets; that many possible locations were visited; that the consultant's preliminary recommendation is to locate the SCAT Transfer Station somewhere south of Fruitville Road; that the Committee agrees with locating the SCAT Transfer Station south of Fruitville Road if a good location can be found; however, the Sarasota Board of County Commissioners may wish to locate the SCAT Transfer Station on the corner of Morrill Street and South Orange Avenue, which is inconvenient to the downtown population and the libraryi that placing the SCAT Transfer Station close to the library has been suggested; that the current SCAT Transfer Station is not a transfer station but rather a piece of sidewalk with benches; that the recommendation is to develop an aesthetically pleasing, first-class SCAT Transfer Station; that transfer stations exist all over the country as an attractive part of the community; that one possibility is designing the SCAT Transfer Station to resemble the old City Hall or design in a Spanish style, located in the heart of downtown on Lemon Avenue; that the SCAT Transfer Station on Lemon Avenue would be convenient and help relieve some of the parking problems; that the Committee understands some parking spaces will be lost when building the SCAT Transfer Station; however, a parking garage can be built in combination with the SCAT Transfer Station as Sarasota County will receive funds to buy land; that the Committee urges the Commission to keep an open mind regarding the Committee's recommendation. Commissioner Pillot stated that an open mind will be kept; however, action should not be taken until the Administration presents a recommendation including the positives and negatives of the Committee's recommendation. City Manager Sollenberger stated that Mr. Paumier has been jointly hired by the City and County to make recommendations; that administrative oversight has been supplied by the Planning Directors of the City and County; that a joint recommendation BOOK 44 Page 16790 06/01/98 3:00 P.M. BOOK 44 Page 16791 06/01/98 3:00 P.M. will be made to include the Administration's views; that the Commission will be able to consider the Administration's and the Committee's recommendations. Commissioner Cardamone asked the anticipated date the recommendations will be presented? Jane Robinson, Planning and Development Director, came before the Commission and stated that visuals of several sites will be given the Administration within three weeks; that visuals will then be presented to the Sarasota City and County Commissions. Commissioner Cardamone stated that the Administration should present the possible locations at the July 6, 1998, regular Commission meeting. Vice Mayor Patterson stated that the Committee's recommendations will not be ignored; that the consultant hired by the City and the County has not yet presented a report. Mr. Thorpe stated that a location for the SCAT Transfer Station should be chosen as soon as possible; that SCAT has been given Federal and State funds to purchase trolleys and install a trolley system in the community; that many people are anxious to begin constructing a new SCAT Transfer Station. Commission Cardamone stated that the Commission is also anxious to begin construction of a new SCAT Transfer Station. Mayor Dupree requested Deputy City Auditor and Clerk McGowan to explain the public hearing process. Ms. McGowan 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 Deputy City Auditor and Clerk McGowan. 17. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4054, PROVIDING THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES AND EQUIPMENT IN, ON, ACROSS, ABOVE OR IN ANY MANNER WHATSOEVER USING THE CITY'S PUBLIC RIGHT OF WAY FOR THE PROVISION OF BASIC LOCAL TBLECOMAUNICATIONS SERVICE AND CERTAIN NON BASIC SERVICES: PROVIDING ASSURANCES THAT THE CITY'S PUBLIC RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST; PROVIDING FOR CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR MUNICIPAL OWNERSHIP OF A TBLECOAXURICATIONS SYSTEM; REPEALING ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; ETC. (TITLE ONLY) - CONTINUED PUBLIC HEARING TO JULY 6, 1998; (AGENDA ITEM VII-1) #3 (2209) through (2470) Michael Connolly, City Attorney's Office, came before the Commission. Attorney Connolly stated that the City was approached by KMC Telecom, Inc. (KMC), requesting the ability to enter the City's rights-of-way and create a competing local exchange telephone company; that proposed Ordinance No. 98-4045 will be applicable to all telecommunications providers; that telephone companies will become prevalent with current technology; that the General Telephone and Electric (GTE) franchise expires in 1999; that the recommendation is to develop a master ordinance providing instructions for creating a level playing field as required by Federal law; that the City has retained Leibowitz and Associates, also the City's special legal council regarding Ordinance No. 98- 4055 regulating Telecommunication Towers to assist in developing the ordinance; that a copy of proposed Ordinance No. 98-4055 was given to KMC two weeks ago; that a meeting is scheduled for Friday, June 5, 1998, with representatives of the City and KMC; that the recommendation is to continue the public hearing to the July 6, 1998, regular Commission meeting. Mayor Dupree opened the public hearing. Deputy City Auditor and Clerk McGowan stated that no one was signed up to speak. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to continue the public hearing to the July 6, 1998, regular Commission meeting. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Dupree, yes. 18. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-4015, AMENDING THE ZONING CODE BY DELETING AND SUPERSEDING EXISTING REGULATIONS AND PROVIDING NEW REGULATIONS OF ADULT BOOKSTORES, ADULT PHOTOGRAPHIC STUDIOS, ADULT THEATERS, ADULT VIDEO STORES, ADULT MODELING STUDIOS, SPECIAL CABARETS, AND PHYSICAL CULTURE ESTABLISHMENTS. COLLECTIVELY REFERRED TO AS ADULT USES; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; PROVIDING DEFINITIONSI REGULATING THE LOCATION OF CERTAIN ADULT USES AND PROHIBITING CERTAIN ADULT USES; REQUIRING THE ISSUANCE OF PERMITS FOR ADULT USES; PROVIDING FOR THE INVESTIGATION OF APPLICATIONSI PROVIDING FOR THE ISSUANCE AND DENIAL OF PERMITS; PROVIDING FOR A PERMIT FEE; PROVIDING FOR INSPECTIONS OF PERMITTED BOOK 44 Page 16792 06/01/98 3:00 P.M. BOOK 44 Page 16793 06/01/98 3:00 P.M. ESTABLISHMENTS: PROVIDING FOR THE EXPIRATION OF PERMITS; PROVIDING FOR THE SUSPENSION OF PERMITS; PROVIDING FOR THE REVOCATION OF PERMITS; PROVIDING IN-STORE VIEWING BOOTH REGULATIONS; PROVIDING FOR HOURS OF OPERATION; PROHIBITING PRIVATE PERFORMANCES; : PROVIDING PENALTY PROVISIONS; : PROVIDING FOR APPEALS OF PERMIT DENIALS; PROVIDING FOR THE TRANSFER OF PERMITS; PROVIDING FOR CHANGE OF BUSINESS NAME; PROVIDING A PERIOD OF TIME WITHIN WHICH NONCONFORMING ADULT USES MUST OBTAIN A PERMIT; PROVIDING FOR ENFORCEMENT; : PROVIDING FOR CONSENT; : PROVIDING FOR IMMUNITY FROM PROSECUTION PROVIDING FOR NOTICE; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM VII-2) #3 (2470) through #5 (0535) Michael Connolly, City Attorney's Office, came before the Commission and stated that Ordinance No. 94-3792 relating to adult uses/adult businesses was adopted on October 3, 1994; that the ordinance was challenged in court and found to be invalid on April 30, 1997, as to the plaintiffs in the litigation against the City contesting the validity of Ordinance No. 94-3792; that the court's finding was reported at the June 2, 1997, regular Commission meeting; that the court's decision was based on procedural rather than substantive issues; that the Commission had three alternatives to: 1) re-adopt Ordinance No. 94-3792 following proper notice, 2) take no action rendering the Ordinance No. 94-3792 inapplicable, or 3) develop a new ordinance based upon knowledge learned through the litigation of Ordinance No. 94-3792 as well as other adult use litigation; that the Commission directed a new ordinance be prepared; that the City Attorney's Office was directed to prepare the strongest adult use ordinance believed reasonably defensible. Attorney Connolly continued that issues raised in the litigation of Ordinance No. 94-3792 as well as issues involved in litigation with The Score Board lounge involving the definition of nudity were reviewed; that meetings with various City departments were conducted and input received; that proposed Ordinance No. 97-4015 was drafted by the City Attorney's Office, presented to the Administration in November 1997, and subsequently reviewed by the Planning Board/Local Planning Agency (PBLP) I that proposed Ordinance No. 97-4015 is the strongest adult business ordinance believed reasonably defensible. Attorney Connolly further stated that Constitutional protections are afforded some adult uses such as adult book stores; that banning every adult use from the City is not an option; that a minimum number of locations must be available for adult uses; that an expansive dispersal requirement resulting in an inadequate number of sites would be invalid; that for example, the City of St. Petersburg's adult use ordinance was determined invalid due to an inadequate number of available sites; that adopting an ordinance having no grounds for legal challenge and which will stand up in court is desired; that a legal challenge results in expenditures of time and funds and opens the door to the court house in which every possible issue can be raised requiring time and effort to defend and possibly delaying implementation for several years if a business owner is granted injunctive relief; that the proposed ordinance has been crafted as a package believed the strongest reasonably defensible; that tinkering with any part of the package should be avoided. Attorney Connolly distributed copies of the Table of Contents of Adult Entertainment Reports, a Synopsis of Adult Entertainment Studies and a list of Substantial Governmental Interests to the Commission and displayed on the overhead projector a list of Substantial Governmental Interests in regulating adult uses as follows: SUBSTANTIAL GOVERNMENTAL INTERESTS I. General Public Health, Safety and Welfare Interests Protection of order and morality Prevention of public nudity Control of litter Control of parking congestion Control of traffic congestion Control of anonymous sex which spreads sexually transmitted diseases II. Specific Public Health, Safety and Welfare Interests are to control the Adverse Secondary effects caused by adult entertainment establishments: Urban blight Deteriorating residential neighborhoods Lower property values Increased crime Increased police protection needs Increased insurance rates Impaired ability to raise children in healthy family environment Attorney Connolly stated that adult businesses have the Constitutional right to operate in the City; that the validity of an ordinance will be determined based on the ordinance's serving Substantial Governmental Interests; that the Substantial Governmental Interests are listed under two basic categories: 1) General Public Health, Safety and Welfare Interests and 2) Specific Public Health, Safety and Welfare Interests; that the General Public Health, Safety and Welfare Interests are adverse secondary effects which apply Citywide to adult usesi that the BOOK 44 Page 16794 06/01/98 3:00 P.M. BOOK 44 Page 16795 06/01/98 3:00 P.M. second category is Specific Public Health Safety and Welfare Interests which control the adverse secondary effects caused by adult entertainment establishments; that the secondary effects apply to particular neighborhoods with existing adult use business. Attorney Connolly entered into the record two volumes containing 21 studies conducted throughout the United States regarding the Substantial Governmental Interests of regulating adult uses and a report entitled "Synopsis of Adult Entertainment Studies"; distributed and referred to the Table of Contents of Adult Entertainment Reports listing the 21 studies; and stated that the 21 studies address the Substantial Governmental Interests of regulating adult uses and have found a causal connection between the existence of adult businesses and the adverse secondary effects. Attorney Connolly referred to the "Synopsis of Adult Entertainment Studies" and stated that important correlations between the adult uses and the adverse secondary effects are provided; that the "Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles, 11 (June, 1977) conducted by the Department of Planning, City of Los Angeles, California, found that a concentration of adult entertainment businesses exerts a negative economic impact on both business and residential properties; that the study also found that the degree of negative impact depends upon the degree of concentration and the specific type of adult entertainment businesses; that proposed Ordinance No. 97-4015 is designed to prevent a concentration of adult entertainment businesses by establishing dispersal requirements and to avoid negative impacts of specific types of adult businesses; that proposed Ordinance No. 97-4015 prohibits nudity in all adult use establishments in the City which is more restrictive than Ordinance No. 94-3792; that the probability of substantial adverse secondary effects is greater in adult use establishments with nudity. Attorney Connolly continued that the "Adult Entertainment Study, II (November, 1994) conducted by the Department of City Planning, New York City, New York, states as follows: Other jurisdictions that have studied the effects of adult entertainment uses have consistently found that these uses have negative secondary impacts. This has been the case for large cities (such as Chicago and Los Angeles), medium-sized cities (such as Austin, Texas) and small villages (such as Islip, New York). Attorney Connolly stated that causes of adverse secondary effects found in large cities are just as relevant in a small community such as the City of Sarasota; that the "Legislative Report of the Houston Committee on the Regulation of Sexually Oriented Businesses, I (March, 1986) states as follows: The committee found that sexually oriented businesses are likely contributory factors to criminal activities which are encouraged as ancillary to these enterprises, whether directly within the confines of the establishment itself or in the area near the establishment. Attorney Connolly stated that the "Adult Business Study, I (May, 1979) conducted by the Planning Department, City of Phoenix, Arizona, found an average of 6 times the sex crime rate in the study areas as compared to the control areas; that the analysis compared study areas and control areas with the only difference being the existence of one or more adult businesses; that the study areas had the same demographics, age of housing stock, and income levels of the people living in the control area; that the Phoenix, Arizona, study also found as follows: Where there is a concentration of adult businesses, such as in Study Area I, the difference in sex offenses rates is most significant. When compared to its control area, the sex crime rate per 1,000 residences is over 11 times as great in Study Area I. In the remaining study areas, which each contain a single adult business, their rates are 4 and almost 3 times as great. Attorney Connolly stated that the necessity to control a concentration of adult businesses is emphasized; that crime problems multiply when adult businesses are concentrated in one area; that the "Summary of National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Property Values," (January, 1984) conducted by the Department of Metropolitan Development, Division of Planning for the City of Indianapolis, Indiana, indicated the majority of appraisers responding were of the opinion that an adult bookstore located within one block of both residential and commercial properties will have a negative effect on the property value; that 50 percent of the appraisers anticipated immediate property value depreciation exceeding 10 percent; that an analysis of real estate listings and sales reflected lower performance of the real estate market in areas offering adult entertainment; that adult entertainment businesses have serious negative effects on the immediate environs; that the focus of the various studies is on the Substantial Governmental Interests affected by adult uses; that Commission and public comment is encouraged to focus on the Substantial Governmental Interests affected by the facts presented. BOOK 44 Page 16796 06/01/98 3:00 P.M. BOOK 44 Page 16797 06/01/98 3:00 P.M. Attorney Connolly continued that six significant differences between Ordinance No. 94-3792 and proposed Ordinance No. 97-4015 are as follows: 1. A complete prohibition of nudity Attorney Connolly stated that nudity is a Constitutionally protected conduct but minimally so; that the United States (U.S.) Supreme Court has determined that a local government can prohibit nudity based upon the adverse secondary effects; that Ordinance No. 94-3792, which was modeled after the County ordinance, permits nudity; that adult modeling studios, adult photographic studios, and special cabarets are three adult businesses which, by definition, involve nudity; that adult modeling studios, adult photographic studios, and special cabarets cannot be located anywhere in the City under proposed Ordinance No. 97-4015, which prohibits private performances and nudity in all adult business establishments. 2. Remaining adult uses Attorney Connolly stated that the second significant difference between Ordinance No. 94-3792 and proposed Ordinance No. 97-4015 concerns allowable adult uses; that the three adult uses which would be allowed in the City are adult bookstore/video stores, adult theaters, and physical culture establishments; that the three adult uses will be allowed as principal permitted uses and structures in the Industrial (I) and Industrial, Light and Warehousing (ILW) zone districts; that adult uses were not allowed in the I and ILW zone districts in Ordinance No. 94-3792; that Federal law requires the availability of an adequate number of sites available for adult uses; that permitting such adult uses in the I and ILW zone districts will increase the number of adult business sites available within the City; that allowing the sites in the I and ILW zone districts should not adversely impact residential neighborhoods; that the change resulted from a recognition that Ordinance No. 94-3792 may have been too restrictive as to available sites and not meet the dispersal requirements which was fatal to the St. Petersburg ordinance. 3. Definition of specified anatomical areas Attorney Connolly stated that the third significant difference between Ordinance No. 94-3792 and proposed Ordinance 97-4015 concerns the definition of specified anatomical areas particularly regarding the female breast; that the definition in Ordinance No. 94-3792 proved difficult to defend in previous litigation because of the uncertainty surrounding the terminology; that the new definition provides that the areola must be covered, is supported by U.S. Supreme Court precedent and should be easier to enforce; that the revisions also require that the male or female anal cleft be covered. 4. Distance requirement Attorney Connolly stated that the fourth significant difference is the distance requirement; that distance requirements in Ordinance No. 94-3792 were inconsistent, ranging from 500 to 1,000 feet as measured by various methods; that the measurement will be changed to a 600-foot radius, measured from the front door of an adult use business to the nearest point of the residentially zoned property or property on which a church/synagogue, school, child care center, or another adult use business is located. William Brisson, AICP, President, Adley, Brisson, Engman, Inc., came before the Commission; referred to a report entitled "Analysis of Eligible Locations for Certain Adult Uses for Ordinance 97-4015, January 19, 1988 (Rev. 5/20/98)"; and stated that an investigation to determine the most appropriate separation distance for certain adult uses within the City was conducted; that 600 feet was determined the most appropriate separation distance for adult uses from each other and from residentially zoned properties, schools, houses of worship and child care centers; that 192 individual parcels of land containing 372 individual units meet the 600-foot separation distance requirement of proposed Ordinance No. 97-4015; that 35 possible adult use locations remain after excluding existing adult uses and existing uses recognized as grossly inappropriate for adaptation to adult use; that fewer adult use businesses are expected considering the limited market support and the fact that optimizing the number of adult uses is not a criterion for locating new adult uses. Mr. Brisson referred to a May 20, 1998, letter from Adley, Brisson, Engman, Inc., to Attorney Connolly and maps depicting sample distribution of adult uses using a 600-foot separation requirement; and stated that 21 of the possible 35 adult uses sites could legally be located in the City's northern industrial/commercial area, 6 in the annexed area south of Bee Ridge Road, and approximately 8 in other locations throughout the City; that business will select sites based upon the appropriateness of the site, automatically eliminating some other sites; that approximately 17 of the 35 sites may be desirable; that 35 or even 17 adult businesses are not expected to locate in the City; however, providing the legal availability of an adequate number of sites throughout the City avoids a legal challenge. Mr. Brisson continued that a straight-line radius of 1,000 feet produces fewer sites than allowed under Ordinance No. 94-3792 and would present a concern; that radius variations of 500, 600, and 700 feet were studied; that a 600-foot separation distance BOOK 44 Page 16798 06/01/98 3:00 P.M. BOOK 44 Page 16799 06/01/98 3:00 P.M. requirement provides the greatest dispersal of sites throughout the community; that the majority of possible sites will be located in the City's northern industrial/commercial area regardless of the required separation distance; that a shorter separation distance produces a higher percentage of adult uses in the City's northern indistrial/commercial area; that a longer separation distance reduces the possibility of sites which can be legally located almost anywhere else in the community; that concentrating the sites entirely in one geographic area is undesirable; that the 600-foot separation distance provides the best dispersal from a legal and practical perspective. 5. Dispersal requirement Attorney Connolly stated that the fifth significant difference between Ordinance No. 94-3792 and proposed Ordinance No. 97-4015 is related to the dispersal requirement; that the provision in Ordinance No. 94-3792 prohibiting only one adult use business in a building or structure was eliminated; that the 600-foot separation distance requirement is the basis of the study by Adley, Brisson, Engman, Inc., and would be the basis for litigation; that imposing a limitation of one adult use business in a building or structure is not supported in the study and increases the potential for litigation. 6. Grandfathering as to location only Attorney Connolly stated that the sixth significant difference between Ordinance No. 94-3792 and proposed Ordinance No. 97-4015 is the concept of grandfathering as to location only; that proposed Ordinance No. 97-4015 specifically grandfathers three specific businesses: Pleasures II Adult Video, Inc. (Pleasures II), at 4211 North Tamiami Trail, North Washington Boulevard News at 1038 North Washington Boulevard, and Blue Video of Sarasota, Inc. (Blue Video), at 2721 North Tamiami Trail; that the three businesses have vested rights as businesses which have existed for some period of time; that providing the grandfathering provision in Ordinance No. 97-4015 reduces the probability of litigation; that not adequately protecting vested rights could result in a temporary injunction delaying the effective date of the ordinance for several years; that proposed Ordinance No. 97-4015 provides for grandfathering as to location only; that adult modeling studios, adult photographic studios, and special cabarets are prohibited; that the three existing businesses are adult bookstore/video store businesses and must comply with all provisions of Ordinance No. 97-4015 other than the 600-foot separation distance requirement; that for example, the businesses must obtain a permit, the application for which includes a criminal history and background of the principals operating the store, pay the permit fee, comply with in-store viewing booth regulations, comply with hours of operation regulations, and comply with nudity and private performance prohibitions; that the permit is subject to revocation, suspension and potential penalties as set forth in proposed Ordinance No. 97-4015; that grandfathering as to location only does not grant existing businesses the right to conduct illegal activities. Attorney Connolly continued that the highlights of Ordinance No. 97-4015 are as follows: Section 5-42.1 Requires an Adult Use permit, the permit addresses the location as well as the operators of the business Section 5-42.4 Sets forth the criteria for denial of the permit which is any falsehoods in the application process, the specified criminal activities, etc. Section 5-42.5 Sets forth the permit fee which is $972.00 Sections 5-42.8 & 9 Concerns revocation and suspension of the permit Section 5-42.3 (a) Prohibits an adult modeling studio, adult photographic studio and special cabaret in any zoning district within the City Section 5-42.3 (b) Provides that an adult bookstore/video store is a permitted principal use only in the Commercial, General (CG), Commercial, Intensive (CI), Commercial, Shopping Center, Community (CSC-C), Commercial, Shopping Center, Regional (CSC-R), Industrial (I) and Industrial, Light and Warehousing (ILW) districts Section 5-42.3 (c) Provides that adult theaters are permissible by special exception only in CG, CI, CSC-C, CSC-R, I and ILW zoned districts Section 5-42.3(d) Provides that a physical culture establishment is permissible by special exception only in the CG, CI, I, ILW zoned districts Section 5-42.3 (e) and (f) Sets forth dispersal requirements BOOK 44 Page 16800 06/01/98 3:00 P.M. BOOK 44 Page 16801 06/01/98 3:00 P.M. Section 5-43.2 Sets forth in-store viewing booth regulations for an adult video store or an adult bookstore which provides for an unobstructed view from the manager's station hence eliminating the opportunity for illegal conduct Section 5-43.3 Sets forth hours of operation which provides that the adult businesses must be closed between 2 p.m. and 8 a.m. Section 5-44 (b) Prohibits straddle dancing, lap dancing, specified sexual activity, nudity, private pertormances and touching Section 5-48 Sets forth nonconforming adult uses regarding a bookstore/video store, adult theater, and physical cultural establishment; provides that a permit must be obtained within 45 days; that if a businesses ceases for any reason the nonconforming status would be lost and the business cannot reopen; that the business cannot be enlarged; that grandfathering as to location only applies only to the three specified businesses Section 5-49 Permits enforcement through municipal code prosecutions in misdemeanor court, the Code Enforcement Special Master or any other legal remedy such as injunctive relief Attorney Connolly stated that the purpose of the public hearing is to hear public comment and discuss the Substantial Governmental Interests affected by adult uses which is the criteria applied in determining if proposed Ordinance No. 97-4015 is an appropriate ordinance for the City. Commissioner Pillot stated that Staff's thorough and understandable presentation is appreciated; that Staff presented three major points as follows: : 1) that Commission action is limited by Federal or other applicable laws to which the City is subject, 2) that proposed Ordinance No. 97-4015 was prepared in accordance with Commission direction to draft the strongest possible ordinance which could reasonably withstand a legal challenge, and 3) that proposed Ordinance No. 97-4015 is a unified package and modifying any portion increases the possibility of legal challenge. Attorney Connolly stated that is correct; that modifying parts of proposed Ordinance No. 97-4015 may open the door to legal challenge. Vice Mayor Patterson stated that the City has adopted several adult use ordinances; that one adult use ordinance addresses establishments serving alcohol; and asked if the ordinance still remains in effect. Attorney Connolly stated yes; that the severability clause of proposed Ordinance No. 97-4015 addresses potential conflicts; that the several previously adopted pertinent ordinances are: Ordinance No. 92-3599, adopted July 20, 1992, prohibiting nudity in any establishment serving alcoholic beverages Ordinance No. 93-3649, adopted February 1, 1993, prohibiting nudity in commercial establishments Ordinance No. 94-3792, adopted October 3, 1994, regulating adult use establishments Vice Mayor Patterson stated that Ordinance No. 92-3599 applies to The Score Board lounge; and asked if previous litigation with The Score Board lounge is relevant to proposed Ordinance No. 97-4015? Attorney Connolly stated that The Score Board lounge does not practice nudity as defined in Ordinance No. 92-3599 because the specified anatomical areas are covered; that litigation based on nudity was relevant under Ordinance No. 94-3792, which permitted but attempted to regulate nudity making litigation concerning nudity relevant; however, litigation concerning nudity is not relevant if proposed Ordinance No. 97-4015 is adopted; that The Score Board lounge would be in violation of proposed Ordinance No. 97-4015 as well as Ordinance No. 92-3599 if The Score Board lounge allows exposure of specified anatomical areas. Vice Mayor Patterson asked if Ordinance No. 92-3599 continues in effect? Attorney Connolly stated yes; that Ordinance No. 92-3599 is not impacted by proposed Ordinance No. 97-4015. Vice Mayor Patterson asked the provisions of Ordinance No. 93-3649? Attorney Connolly stated that Ordinance No. 93-3649 prohibits nudity in any business establishment regardless of whether alcoholic beverages are served; that proposed Ordinance No. 97-4015 is consistent with other City ordinances; that Ordinance BOOK 44 Page 16802 06/01/98 3:00 P.M. BOOK 44 Page 16803 06/01/98 3:00 P.M. No. 94-3792 is inconsistent with other City ordinances as nudity is permitted although regulated. Vice Mayor Patterson stated that the definition of nudity differs between Ordinance Nos. 92-3599 and 93-3649 and proposed Ordinance No. 97-4015; and asked if Ordinance Nos. 92-3599 and 93-3649 will continue in effect? Attorney Connolly stated that the nudity definition differs with respect to the female breasts; that revising the definition of nudity in Ordinance Nos. 92-3599 and 93-3649 is advisable if proposed Ordinance No. 97-4015 is adopted. Vice Mayor Patterson asked if all three ordinances will continue to function simultaneously? Attorney Connolly stated that Ordinance Nos. 92-3599 and 93-3649 prohibit nudity and Ordinance No. 94-3792 allows but regulates nudity at the present time; that a conflict exists today; that proposed Ordinance No. 97-4015 eliminates the inconsistency. Commissioner Pillot stated that the members of the public signed up to speak will probably be supportive of the efforts made; and asked if proposed Ordinance No. 97-4015 can be strengthened without increasing the potential for litigation should speakers make that request? Attorney Connolly stated that strengthening proposed Ordinance No. 97-4015 has been researched; that the only strengthening measure found is to increase the permit fees based upon the cost of living (COL) since 1994; that proposed Ordinance No. 97-4015 as drafted is the strongest possible ordinance which is reasonably defensible. City Attorney Taylor stated that the public hearing process requires hearing from the public; that a new idea which has not been considered could develop from the public speakers; that proposed Ordinance No. 97-4015 amends the Zoning Code providing new regulations concerning adult bookstores, adult video stores, physical culture establishments, adult theaters, adult photographic studios, adult modeling studios and special cabarets to which reference is collectively made as adult uses. Mayor Dupree opened the public hearing. The. following people came before the Commission. Russell Franz, 5353 Harold Avenue (34235), stated that he is a resident of Sarasota County and appreciates the opportunity to speak; that members of the American Family Association (AFA) attended meetings with Sarasota County agencies responsible for inspection, enforcement and compliance of adult use businesses in Sarasota County; that defining adult uses based on the amount of inventory and floor space dedicated to pornographic materials is ambiguous; that the new definitions of adult uses in proposed Ordinance No. 97-4015 eliminates loopholes and subjective determinations; however, the new definition of nudity allows pasties which is a mistake; that changing the separation distance requirement from 1,000 to 600 feet is also questioned; that proposed Ordinance No. 97-4015 strives for a higher moral ground and should be supported. Esther Rachwal, 4975 Southern Wood, Sarasota (34241), stated that the City Attorney's Office is commended for making proposed Ordinance No. 97-4015 less susceptible to litigation on Constitutional grounds; however, reducing the separation distance from 1,000 to 600 feet is disappointing; that the sufficiency of the 600-foot separation distance requirement in protecting the community from the secondary effects of adult uses is questioned; that a 700- or 800-foot separation distance requirement should have been studied; that the Commission should protect the citizens of Sarasota; that adult businesses have the means and determination to fight restraints with the unlimited funds generated by the adult use businesses; that the community does not have such resources and must rely on the Commission; that evil will triumph if good people do nothing; that responses to these questions are desired: 1. Will the businesses that flaunted Ordinance No. 94-3792 be given an additional year to operate after the date of adoption of the changes proposed? 2. Is the City required to grandfather existing adult use businesses? 3. Will the existing adult use businesses be affected by proposed Ordinance No. 97-4015 or will the adult use businesses be able to circumvent the proposed ordinance due to the inventory requirement? Ms. Rachwal stated that private residences are located behind some of the businesses; that XTC Super Center of Sarasota (XTC) located on 17th Street is the only adult business with an adult permit; that XTC violated the City's ordinance by placing doors on private viewing booths; that an ordinance is only good if enforced; that an ordinance should be written to pass Constitutional challenges; that a show of hands from the audience of people in support of the Commissions action is requested; that a majority of the audience indicated support for the strongest ordinance possible. Attorney Connolly stated that all separation distances from 500 to 1,000 feet were studied; that a 600-foot separation distance requirement proved the most effective in achieving dispersal; BOOK 44 Page 16804 06/01/98 3:00 P.M. BOOK 44 Page 16805 06/01/98 3:00 P.M. that exceeding 600 feet results in a significant concentration in the City's northern industrial/commercial area which is undesirable from a legal and political perspective. Attorney Connolly continued that no additional rights were granted to the litigants opposing Ordinance No. 94-3792; that proposed Ordinance No. 97-4015 grandfathers specified adult-use businesses as to location only; that the three specified adult businesses are the only adult bookstores/video stores in the City which do not meet the proposed separation distance requirements; that XTC, the fourth bookstore/video store in the City, meets the separation distance requirements; that concerns regarding violations of existing ordinances must be addressed by the Building, Zoning and Code Enforcement Department and the Police Department; that an ordinance is only as good as the enforcement. Attorney Connolly further stated that the inventory requirement in the proposed ordinance was not highlighted as one of the six most important changes but is an important change; that the definition in proposed Ordinance No. 97-4015 provides that a "significant or substantial" part of stock and trade determines the adult business classification rather than a particular percentage of inventory dedicated to the adult use; that the effort is to replace subjective criteria with objective criteria which is less susceptible to litigation. Vice Mayor Patterson asked if the term "significant or substantial" is subjective? Attorney Connolly stated that the courts have upheld S significant or substantial" as an adequate criterion; that measuring a particular area and counting the number of movies of an adult nature are not required; that the term "significant or substantial" is applied by- the courts in a more objective manner. Dawn Byrd, 2100 Sarasota Mobile Home Park #1946 (34237), stated that addressing the Commission regarding the issue is a privilege; that the Commission acts as the parent of widows and orphans and is the steward of the people in bringing excellence and pride to the City; that the existing adult use businesses promote urban blight; that adult use businesses produce inappropriate behavior; that she is a victim of child molestation caused by adults reading pornography; that allowing the businesses to continue condones behavior which can be harmful to others; that pornography is in the same category as alcohol, drugs, road rage and guns; that adult use businesses are not an asset to a healthy lifestyle. David Caton, P.O. Box 82722, Tampa (33682), President, Florida Family Association, stated that the Commission's diligence in producing an ordinance which is strong and still Constitutional is appreciated; that proposed Ordinance No. 97-4015 will protect citizens from the secondary adverse effects of crime, social decay and economic destruction as well as the health risks increased by adult use businesses; that reducing the distance separation from 1,000 to 600 feet is not favored; however, the ordinance must be Constitutional to allow enforcement; that Commission support for proposed Ordinance No. 97-4015 is requested. Mr. Caton continued that changing the definition of nudity to include the potential for pasties is a concern; that allowing the wearing of pasties in any establishment in the community is a dangerous erosion' of standards; that the Commission should adopt the definition sof nudity in Ordinance 94-3792 or the definition adopted by Fort Myers, Florida, as the standard; that establishments which allow g-strings and pasties should be defined as adult cabarets and, therefore, illegal under proposed Ordinance No. 97-4015; that proposed Ordinance No. 97-4015 is a good ordinance with the exception of the less restrictive definition of nudity; that Commission support is urged. Attorney Connolly stated that the definition of nudity in Ordinance No. 94-3792 and in the Fort Myers ordinance is subjective; that the definition begins with a statement that the areola must be covered which is objective; that the definition continues by referencing any portion of the breast below the top of the areola except for cleavage which is ordinarily exposed by a blouse, bathing suit, leotard, etc.; that determining the amount of cleavage ordinarily exposed is subjective and can be litigated; that the definition of nudity was a major issue in The Score Board lounge litigation; that the definition may be supportable but opens the door for legal challenge; that the City Attorney's Office recommends the definition as proposed which has been upheld by the U.S. Supreme Court. Vice Mayor Patterson asked the result of The Score Board lounge litigation? City Attorney Taylor stated that the litigation terminated with The Score Board lounge coming into compliance; that the condition which caused the filing of the complaint was corrected; that employees are sufficiently dressed, causing no compliance problem. Commissioner Cardamone asked if the proposed definition would allow other establishments throughout the community to have semi- nude activity? Attorney Connolly stated yes, from the perspective of the Zoning Code; however, more adult use establishments are unlikely from a market support perspective; that Ordinance Nos. 92-3599 and 93-3649 address nudity in establishments selling alcoholic beverages as well as other business establishments; that adult BOOK 44 Page 16806 06/01/98 3:00 P.M. BOOK 44 Page 16807 06/01/98 3:00 P.M. uses will be governed by proposed Ordinance No. 97-4015; that Ordinances Nos. 92-3599 and 93-3649 contain the more restrictive definition of nudity included in Ordinance No. 94-3702 and the Fort Myers ordinance. Commissioner Cardamone stated that the earlier recommendation of the City Attorney's Office was to change the definition of nudity in Ordinance Nos. 92-3599 and 93-3649; and asked if the current definition can be retained? Attorney Connolly stated that changing the definition of nudity in Ordinance Nos. 92-3599 and 93-3649 would make the ordinances consistent with proposed Ordinance No. 97-4015; that the preference for a stricter definition had not previously been raised; that no change to Ordinance Nos. 92-3599 and 93-3649 is being proposed at this time; that only proposed Ordinance No. 97-4015 amending the Zoning Code is before the Commission. Vice Mayor Patterson asked for clarification regarding the wearing of g-strings. Attorney Connolly stated that proposed Ordinance No. 97-4015 prohibits exposure of the anal cleft which is a change from Ordinance No. 94-3792; that proposed Ordinance No. 97-4015 requires a minimum of pasties and more coverage than provided by a g-string. City Attorney Taylor stated that the public hearing should be continued and comments withheld until the discussion period; that other alternatives may be available but further public comment should be received first. Mr. Caton stated that the implication was Ordinances Nos. 92-3599 and 93-3649 could be amended to reflect the new definition of nudity which raises concern; that the definition of nudity adopted by Fort Myers is the same as adopted by St. Johns County, Florida, which was upheld by the U.S. District Court, Middle District of Florida, the U.S. 11th District Court of Appeals and allowed to stand by the U.S. Supreme Court; that the higher standard of nudity requires a minimum of a French cut bathing suit, which is preferred. Willis Derstine, 940 South Allendale Avenue (34237), stated that the opportunity to appear before the Commission is appreciated; that as a member of the community for 31 years, he is strongly opposed to any adult use establishments in the City or County of Sarasota; that the efforts to prepare an ordinance as restrictive as legally possible are appreciated; that establishing moral convictions concerning community matters is important; that citizens should not be intimidated by the resources of the opposition; that the public moral code cannot be compromised; that a prohibition against nudity is supported; that provisions allowing so many adult bookstores and adult use establishments in the area are unnecessary; that the number of adult use establishments should be limited; that a provision that 70 percent of adult use establishments will be located in the City's northern industrial/commercial area is unfair; that such establishments should be spread throughout the entire City or located in one place; that adult use establishments are a blight on the City and a detriment to the public welfare; that the 600- foot separation distance requirement is too short; that the previous 1,000-foot separation distance required is preferred. Gerry Gallicchio 3906 Webber Street (34232) stated that the Commission's taking a stand and guarding and protecting the community is appreciated; that speaking as a resident of the City for 40 years, the attempt to uphold moral standards is appreciated; that the Commission is thanked on behalf of all grandparents; that pornography has touched her family; that the detriment to children is known; that the Commission's taking a stand is appreciated; that forewarning results in forearming. Luke Lirot, 112 East Street #B, Tampa (33602) representing 6-sof Sarasota, Inc.. stated that the adoption of proposed Ordinance No. 97-4015 is opposed; that the Commission is in an awkward position; that adult use businesses create urban blight, deteriorating residences, lower property value and increased crime based on the studies presented; that the Commission is told that approximately 35 adult use businesses must be allowed within the City limits following the presentation of the detriment of such businesses; that based on personal experience with several lawsuits, no tinkering should be attempted with the main functional portions; however, the specifics should be checked before the Commission adopts the proposed ordinance. Mr. Lirot stated that the Findings of Fact based on the various studies are set forth in Section 5-40 (b) of proposed Ordinance No. 97-4015; that legitimate concerns are raised regarding proposed Ordinance No. 97-4015; that the studies should be read and analyzed with neutrality; that incorporating information from the public hearings held on the adoption of Ordinance No. 94-3792 into the Findings of Fact is an error since the Circuit Court found Ordinance No. 94-3792 invalid; that incorporating Ordinance No. 94-3792 into the record will dramatically compromise the Constitutionality of proposed Ordinance No. 97-4015; that the author of the Phoenix, Arizona, study revealed in deposition that the research methodology used was not neutral and the normal procedure of creating and then testing a theory was not performed as the desired results would not be produced; that the majority of the studies listed were conducted similarly; that the Commission is urged to read the studies; that another concern is the omission of the case of United States V. O'Brien in which a four-part test was established to determine the validity of adult use ordinances; that one legal requirement is the least BOOK 44 Page 16808 06/01/98 3:00 P.M. BOOK 44 Page 16809 06/01/98 3:00 P.M. restrictive method of addressing the particular problem must be applied; that the decision to exclude several aspects of businesses particularly private modeling studios and special cabarets is the major concern; that different types of adult businesses cannot be Constitutionally excluded if others are allowed; that proposed Ordinance No. 97-4015 requires existing businesses to modify viewing booths providing for an unobstructed view from the manager's station; that the installation of closed circuit cameras which monitor the viewing booths should be considered as an alternative; that potential lawsuits can be avoided by not requiring businesses to reconfigure stores; that the same First Amendment of the Constitution which protects the other speakers also protects his clients. Mr. Lirot further stated that he is an attorney on the Executive Board of the First Amendment Lawyer's Association and represents North Street News and 6-S of Sarasota, Inc. which are the corporations operating two of the existing adult uses in Sarasota; that one business will be grandfathered in and one will not. Richard Brantley, 4137 King Richard Drive (34232) Senior Pastor and Founder, The Rock of Sarasota Church, stated that the comments regarding proposed Ordinance No. 97-4015 are good; that the Commission's efforts are supported; that over 25,000 personal counseling sessions have been reviewed; that approximately, 80 percent resulted from adult activities in the community including adult reading materials and adult videos; that his position as a religious leader in the community requires picking up the pieces of broken families; that adults may be entering the store; however, the effects are brought home to the children and families; that no beneficial activity is produced by an adult store in the community; that being required by the U.S. Constitution to provide space for activities in the community which cause heartache, pain, and disaster is heart-wrenching; that the Commission is the gatekeeper of the City and will be held accountable to God; that the stricter nudity definition should be retained; that criminal activities in the streets are brought about almost entirely by the adult-produced activities in the City; that the Commission is requested to. exercise the greatest empowerment afforded by law., Burt Polishook, 39311 Bay Shore Road (34234), Vice President. Indian Beach/Sapphire Shores Association, stated the 1,200 homeowners in the northwest area of the City are represented; that the neighborhood is wonderful except for the Pleasures II and Blue Video businesses located in the neighborhood; that the secondary effects described in the overhead projections are accurate; that the adult use businesses impact the neighborhood; that property values have decreased; that crime has increased; that the existence of the businesses is a concern; that proposed Ordinance No. 97-4015 is supported as the strongest possible at the present time; however, the Association is concerned about the number of businesses able to locate in the City's northern industrial/commercial area; that two of the three grandfathered businesses in the City are in the Indian Beach/Sapphire Shores neighborhood; that having two of the grandfathered businesses in one neighborhood is too manyi that a method to eliminate at least one of the businesses should exist; that controlling the signage of the business to prevent provocative advertising is requested; that police enforcement should be ensured once proposed Ordinance No. 97-4015 is implemented. Kafi Benz, Box 1669, Tallevast (34270), Indian Beach/Sapphire Shores Association, stated that the neighborhood suffers severely from having the two adult business establishments in the neighborhood; that the businesses encourage prostitution; that prostitutes are observed going back and forth between the two businesses; that the signage can be changed; that the largest sign states "private modeling"; that the sign should be circumscribed if private modeling is not allowed; that multiple signs exist on the facilities; that businesses are only allowed a limited number of signs; that following up on all criminal activities occurring on the premises is desired; that prostitution and drug dealing are activities occurring on the properties; that controlling the illegal activities in the area is vital to the neighborhood. Jeff Spaulding, 607 Mecca Drive (34234) stated that proposed Ordinance No. 97-4015 is not supported unless the clause allowing the continued operation of Pleasures II, North Washington Boulevard News and Blue Video within 600 feet of the nearest residential property is deleted; that residents not living in the affected neighborhood support the ordinance; however, having the disreputable businesses located nearby is unfair to the neighborhood residents; that a legal basis for making the exceptions is presumed; however, case law should be cited; that a review of the reason why the City determined the three businesses will gain special favors would be appreciated; that amending Ordinance No. 97-4015 to preclude the operation of Pleasures II, North Washington Boulevard News and Blue Video within 600 feet of residential property is urged unless a compelling case is made to the Commission and to the citizens of the City as to the legal necessity; that the City could make a reasonable bid to purchase the properties, thereby making the grandfathering clause a mute issue; that reducing property taxes for residents living in neighborhoods with adult use businesses within 600 feet could be possible. Michael Menokian, 3317 Prudence Drive (34235), stated that for seven years he lived on Biscayne Boulevard in Miami which is notorious for adult use businesses; that clubs are attracted once adult bookstores and dancers are allowed; that male and female prostitutes are attracted once clubs are operating; that the BOOK 44 Page 16810 06/01/98 3:00 P.M. BOOK 44 Page 16811 06/01/98 3:00 P.M. activities are as addictive as drugs primarily to men of all economic means and races; that families are eventually destroyed; that most prostitutes have a crack cocaine habit; that drugs will be provided and sold generally by teenagers; that gang districts will develop; that every effort should be made to stop the activity in the community; that the community can be saved by residents who stand together; that a stand must be taken to avoid losing the fabric of society; that families and children must be educated on the dangers of pornography if adult use businesses are allowed to open. Linda Royale, 1520 Glen Oaks Avenue #344C (34232), stated that the definition of nudity in Ordinance No. 94-3792 which provided that any portion below the top portion of the female areola must be covered is preferred; that the wearing of pasties is unacceptable; that other businesses will open attempting to benefit from the proposed definition of nudity; that advertising and signage should be addressed; that the list of substantial governmental interests is outdated; that all the reasons listed apply; however, others have been omitted which are equal protection for females and sexual harassment; that the effects on the customers' treatment of women should be addressed; that signage or advertising on the business site and off-site and on billboards should be addressed; that anyone observing offensive billboards relating to the businesses can contact Esther Rockwell of the Florida Family Association; that advertisers, namely the Sarasota Herald Tribune, should be pressured not to accept advertisements from adult use businesses, which are placed in the sports sections and read by young boys who are very impressionable; that the Sarasota Herald Tribune is advertising a full nudity and liquor bar for one offensive lounge; that allowing more adult use businesses in the area is feared; that prevention is the issue not tinkering and maintenance. Tracey Payne, 4008 Crockers Lake Boulevard (34238), stated that the strongest ordinance possible should be implemented; that she was molested by her father; that action should be taken ahead of time to prevent molestation of children and grandchildren; that the City's goals for the year 2000, i.e., a safe place for people, viable neighborhoods working together as a community, healthy businesses and quality job opportunities, are admirable and should be followed. There was no one else signed up to speak and Mayor Dupree closed the public hearing. Commissioner Cardamone requested Attorney Connolly repeat the opening statement concerning proposed Ordinance No. 97-4015. Attorney Connolly stated that the Commission's direction was to create the strongest adult business regulation reasonably defensible; that proposed Ordinance No. 97-4015 accomplishes that direction. Vice Mayor Patterson stated that a speaker requested lowering property taxes; however, property values are not established by the Commission; and asked for clarification of the specific reasons for grandfathering Pleasures II, North Washington Boulevard News and Blue Video. Attorney Connolly stated that existing adult uses including adult modeling studios, photographic studios or special cabarets will not be permitted in any zoning district in the City and will not be grandfathered; that four adult bookstores exist within the City limits; that XTC meets all of the separation distance and dispersal requirements of proposed Ordinance No. 97-4015; that the three other adult businesses which operate under the permitted uses specifically set forth in proposed Ordinance No. 97-4015 are grandfathered as to location only; that the three businesses recommended for grandfathering are the only businesses which currently exist with vested rights. Commissioner Cardamone asked for clarification of the distinction between permitted and non-permitted activities in certain zoning districts and the grandfathering of certain existing businesses. Attorney Connolly stated that certain existing businesses will no longer be permissible under proposed Ordinance No. 97-4015; that grandfathering, for example, an adult modeling studio, would not be applicable as an adult modeling studio will become an illegal use; that only the three existing businesses which can comply with the substantive requirements of proposed Ordinance No. 97-4015, but do not comply with the separation distance requirements will be grandfathered. Vice Mayor Patterson asked how other businesses involving nudity which is not permitted under Ordinance Nos. 92-3599 or 93-3649 exist? Attorney Connolly stated that businesses involving nudity were allowed under Ordinance No. 94-3792; that Ordinance No. 94-3792 permits and regulates adult modeling studios; that proposed Ordinance No. 97-4015 provides that adult modeling studios will be no longer permissible anywhere in the City; that a business has a vested right and attempting to take away the vested right will result in litigation; that litigation increases the possible amortization period; that any amortization period opens the door for legal challenge; that the objective is not to open the door for legal challenges risking a preliminary injunction and delaying the implementation of the ordinance; that the number and the character of adult uses will grow rapidly if no adult use regulations are in effect. BOOK 44 Page 16812 06/01/98 3:00 P.M. BOOK 44 Page 16813 06/01/98 3:00 P.M. City Attorney Taylor stated that grandfathering the three businesses under proposed Ordinance No. 97-4015 was determined as a simpler solution than attempting to establish a defensible amortization period; that an ordinance providing for amortization can be prepared if the Commission desires. Commission Pillot stated that an amortization period which would open the door for legal challenges and give businesses a sense of being able to operate freely over a period of years is undesirable; that several speakers commented concerning signs; that a sign ordinance exists which applies to all businesses; that the businesses have a right to use permissible signs; that Staff should determine if any signs are in violation of the sign ordinance. City Attorney Taylor stated that all sign ordinances are applicable to all adult businesses as well as any other type of business; that some limitations apply to the type of signage permitted. Attorney Connolly stated that a restriction on signs cannot be based upon the content of the sign; that the existing sign ordinance is content neutral and can be applied to any and all businesses in the City. Commissioner Pillot stated that comments were made regarding the modification of the definition of nudity; that Attorney Connolly initially recommended consistency in the definition of nudity between proposed Ordinance No. 97-4015 and Ordinances Nos. 92-3599 and 93-3649 by amending the definition of nudity in the two existing ordinance; that retaining the existing definition in the Ordinances Nos. 92-3599 and 93-3649 may be advisable based upon the public speakers' comments; and asked if changing the definition in proposed . Ordinance No. 97-4015 to assure consistency with Ordinance Nos. 92-3599 and 93-3649 is advisable. Attorney Connolly stated that the definition of nudity utilized in the previous ordinances may be upheld by the courts; however, the intent in creating Ordinance No. 97-4015 was to avoid any subjective issues; therefore, a definition of nudity which has been supported by U.S. Supreme Court precedent was recommended; that proposed Ordinance No. 97-4015 could be modified using the previous definition of nudity and may survive litigation; however, changing the definition may open the door for legal challenges. City Attorney Taylor stated that the public will have the opportunity to provide input again at the second public hearing; that alternate language defining nudity can be provided prior to second reading of proposed Ordinance No. 97-4015; that a determination regarding the definition of nudity can be made at the June 15, 1998, regular Commission meeting. Vice Mayor Patterson stated that two public hearings on proposed Ordinance No. 97-4015 are required; that potentially, the first hearing could be based on one definition of nudity; that a different definition of nudity could be the basis for the second public hearing; and asked if two potentially different definitions is a concern? Attorney Connolly stated that the title of the ordinance is advertised and is sufficiently broad to allow a change in the definition of nudity prior to the second public hearing without jeopardizing the process. Vice Mayor Patterson stated that changing the definition is supported. Commissioner Pillot stated that the change is supported. Commissioner Dupree stated that bringing different language back for consideration at the second public hearing is supported based on information received and questions raised during this public hearing; that 21 of the approximate 35 adult use sites could be located in the City's northern industrial/commercial area; and asked for further clarification. Attorney Connolly stated that an adequate number of alternate sites must be made available for adult uses to locate in the City; that the study conducted by Adley, Brisson, Engman, Inc., based upon the 600-foot separation distance requirement provides the potential for 35 sites throughout the City with 21 located in the City's northern industrial/commercial area; that longer separation distance requirements limits dispersal to the City's northern industrial/commercial area with the exception of one or two sites; that the zoning restrictions in proposed Ordinance No. 97-4015 limit the location of sites to the I, ILW and other commercial zone districts. Mayor Dupree asked if the expectation is the City will be successful in litigation? Attorney Connolly stated yes; that adequate case law exists to support the issues; that the assignment of the City Attorney's Office was to create the strongest ordinance reasonably defensible; that an attempt was made to avoid opening the door for legal challenges due to: 1) time and money involved in litigation, 2) the opening to every possible issue requiring investigation and response, and 3) the opportunity for adult use businesses to seek preliminary injunctions delaying implementation of an ordinance for several years; that proposed Ordinance No. 97-4015 will be effective on second reading at the BOOK 44 Page 16814 06/01/98 3:00 P.M. BOOK 44 Page 16815 06/01/98 3:00 P.M. June 15, 1998, regular Commission meeting rather than in the year 2000 if implementation is delayed by litigation. Commissioner Pillot stated that the market place and other factors make utilizing the 35 sites for adult use businesses unlikely; that residents should not be concerned the City will have 35 adult use businesses; that few, if any, of the 35 sites will be used for adult use businesses. Attorney Connolly stated that the point is well made; that the courts require that adequate sites be made available but not that markets be made available for adult use businesses. Commissioner Cardamone stated that adult businesses are market driven; that a need must exist to assure the success of any business; that the community has three adult businesses which have managed to stay in business and which may be the maximum the market will support; that properties will become higher rent properties as the City is redeveloped economically and improvements are made to North Tamiami Trail; that adult use businesses normally exist in lower rent areas; that optimism is expressed that adult use businesses will no longer exist on North Tamiami Trail after anticipated business expansion and redevelopment; that adult use businesses may relocate into one of the industrial zoned districts which are not as visible as frontage property on North Tamiami Trail. Vice Mayor Patterson stated that the Commission's task is to turn around properties in low rent areas; that the City should consider any opportunity to purchase the properties operating as adult use businesses; that no enforceable adult use ordinance has been in existence for some time having been stopped by litigation; that adult use businesses could have started up all over the City during that time; that 35 adult use stores will not open due solely to the passage of proposed Ordinance No. 97-4015; that the location of such businesses near a place of residence or business is undesirable in addition to the moral issues involved; that passing an ordinance which would be challenged in court accomplishes nothing. On motion of Commission Cardamone and second of Commission Pillot, it was moved to pass proposed Ordinance No. 97-4015 on first reading. Commissioner Cardamone stated that providing for alternative language regarding the definition of nudity was deliberately omitted from the motion to avoid tinkering with proposed Ordinance No. 97-4015 as requested by the City Attorney's Office. Commissioner Pillot stated that the willingness of the City Attorney's Office to bring back alternative language prior to second reading is appreciated; that weakening proposed Ordinance No. 97-4015 in any way and opening the door to possible litigation is not desired; that the statements of Commissioner Cardamone are supported unless the City Attorney's Office indicates that changing the language in proposed Ordinance No. 97-4015 is not tantamount to tinkering. Vice Mayor Patterson stated that changing the language in Ordinance Nos. 92-3599 and 93-3649 is not supported; that the City Attorney's Office should make recommendations regarding appropriate language for use in the various ordinances. Mayor Dupree stated that parents can do a better and more unified job of educating and monitoring the activities of young people; that doing a better job with the children will result in the failure of adult use businesses. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 97-4015 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-4015 on first reading. Mayor Dupree requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (4 to 0): Pillot, yes; Patterson, yes; Dupree, yes; Cardamone, yes. The Commission recessed at 9:20 p.m. and reconvened at 9:32 p.m. 19. PRESENTATION RE: IMPROVEMENTS TO THE INTERSECTION OF FIRST STREET AND PINEAPPLE AVENUE (AGENDA ITEM VIII) #5 (0535) through (1113) Paul Thorpe, Executive Director of the Downtown Association, came before the Commission and distributed a sketch indicating the three traffic intersections at Selby Five Points Park including recommended traffic circles and brick pavers at: Central Avenue and First Street Pineapple and Central Avenues and Main Street First Street and Pineapple Avenue Mr. Thorpe stated that the City's Engineering Department completed a 1996 Downtown Parking Study with a phased implementation schedule; that Selby Five Points Park was completed as part of Phase I; that the three proposed traffic circles with brick pavers could be completed in three phases when additional Local Option Sales Tax (L.O.S.T.) funds are received; that the five-points intersection at Pineapple and Central Avenues and Main Street was originally planned as part of the Main Street streetscape program; that the traffic circle at First BOOK 44 Page 16816 06/01/98 3:00 P.M. BOOK 44 Page 16817 06/01/98 3:00 P.M. Street and Pineapple Avenue should be completed first; that the traffic circle at First Street and Central Avenue should not begin until the future of the Southeast Bank building and parking lot is determined as possible developers may be willing to help finance the project. Vice Mayor Patterson stated that the cost of one traffic circle with brick pavers is $25,000. Mr. Thorpe stated that is correct. Vice Mayor Patterson stated that only one traffic circle with brick pavers would not be aesthetically pleasing. Mayor Dupree agreed. Commissioner Cardamone asked the significance on the sketch of the design on First Street between Pineapple Avenue and Central Avenue? Mr. Thorpe stated that the design represents a walkway connecting the new library to Selby Five Points Park. Vice Mayor Patterson asked who is financing the walkway from the library to Selby Five Points Park? City Manager Sollenberger stated that the financing source is unknown; that the City is not responsible for financing the walkway. Vice Mayor Patterson asked if the City has committed to constructing the walkway. City Manager Sollenberger stated no. Vice Mayor Patterson asked if construction has begun in the area where the walkway will be located on First Street? Mr. Thorpe stated yes; that construction has begun on Central Avenue, First Street and Pineapple Avenue. Vice Mayor Patterson asked if construction has begun at the intersection of Pineapple Avenue and Main Street? Mr. Thorpe stated no; that the intersection of Pineapple Avenue and Main Street is included in Phase III of the implementation schedule developed in the 1996 Downtown Parking Study; that additional parking spaces on Second Street have been generously donated to Sarasota County by the City. Vice Mayor Patterson asked the location of a triangle-shaped land parcel which will be landscaped? Mr. Thorpe stated that the location of the triangle is on the corner of Cocoanut and Pineapple Avenues and Second Street; that David W. Johnson of David W. Johnson Associates, Inc. did an excellent job of drawing the sketch to depict the traffic circles with brick pavers. Commissioner Cardamone asked if the parking on Central Avenue is for the general public? Mr. Thorpe stated yes. Vice Mayor Patterson asked if Pineapple Avenue and Main and First Streets will have' a 15-miles-per-hour (mph) speed limit due to back-out parking? City Manager Sollenberger stated that no proposal has been brought forth but the speed limit on Second Street which is extremely narrow will be closely examined. Commissioner Cardamone asked if the $25,000 cost to construct the traffic circle with brick pavers has been allocated? Mr. Thorpe stated that the answer is not known. Vice Mayor Patterson stated that the area will look incomplete if only one traffic circle with brick pavers is constructed; that the total cost of constructing all three traffic circles with brick pavers will be approximately $100,000. Mr. Thorpe stated that the traffic circle at the five-points intersection of Pineapple and Central Avenues and Main Street will be much larger than the traffic circle at First Street and Pineapple Avenue. Commissioner Cardamone stated that a decorative star in the five- points intersection was envisioned. Mr. Thorpe stated that a rose-compass design could be created at the five-points intersection. Commissioner Cardamone agreed. Mr. Thorpe stated that the possibility of constructing the traffic circles with brick pavers should be examined. Vice Mayor Patterson stated that the City Manager may be able to allocate funds for the project. Commissioner Cardamone stated that the traffic circle at Central Avenue and First Street should not be constructed due to the possibility of street construction; that the traffic circles at the intersections of First Street and Pineapple Avenue and Central and Pineapple Avenues and Main Street should be constructed. Vice Mayor Patterson stated that those two traffic circles will cost approximately $75,000. BOOK 44 Page 16818 06/01/98 3:00 P.M. BOOK 44 Page 16819 06/01/98 3:00 P.M. City Manager Sollenberger stated that cost estimates will be prepared. Vice Mayor Patterson stated that more landscaping and plantings will be added to the area around Selby Five Points Park upon completion of the new library; that installation of traffic circles with brick pavers are tempting but may not be necessary; however, the traffic circles will serve as a minor traffic abatement device. Mr. Thorpe stated that is correct; that numerous design plans have been suggested for the area around Selby Five Points Park. City Manager Sollenberger stated that the availability of funding is a concern; that the Commission has accepted the Administration's recommendation to acquire the land on North palm Avenue for a parking garage; that funds equivalent to the appraisal of the land have been allocated; that additional funding must be found if the negotiated price exceeds the appraisal, which is a possibility; that finding additional funds for continuing expenditures in the downtown area is a concern; that some type of brick paving would be wonderful; that the Wynnton Group, Inc., is planning a decorative project with the Southeast Bank; that the City and the Wynnton Group, Inc., may be able to coordinate brick paving for the entire five points area; that brick paving should be scheduled at the time the Wynnton Group's, Inc., project begins; that the only way to complete the First Street and Pineapple Avenue intersection at this stage without additional road construction at a later date is for Sarasota County to negotiate a change order with the contractor and receive reimbursement from the City; that otherwise, the City will have to initiate a competitive bidding process which could take 120 days or more; that the streets will be repaved by the time a bidding process could be completed; that much unhappiness would be created if streets must be reconstructed after completing the project; that long-range uses of tax revenues should be examined; that tax revenues are the only funding sources available; that possible excess L.0.S.T. funds will also be examined; that long-range planning and fund usage will be examined during the budget process; that the City may realize more Tax Increment Financing (TIF) revenues which may be used for these types of projects; that the idea of traffic circles with brick pavers is applauded; however, the City may be better off to examine long-range views and project financing; that a concern is the price of the Palm Avenue site for a parking garage has not been firmly established. Mr. Thorpe stated that the Palm Avenue parking garage is desired over the traffic circles if only one project can be done. Commissioner Cardamone agreed. Vice Mayor Patterson stated that the Palm Avenue parking garage does not represent a trade-off in terms of funds; that the proposed traffic circles with brick pavers should be referred to the Administration. Commissioner Pillot stated that total beautification should be part of a total plan with the possible involvement of the Wynnton Group, Inc., and Sarasota County; that the proposal should be considered during the budget process. Vice Mayor Pattèrson stated that the proposal is not being refused. Commissioner Cardamone stated that the streets near the library will probably be re-paved next week; that colored asphalt which can be scored like brick has been discussed several times; that colored, scored asphalt is not a large expense over regular asphalt; and asked if colored, scored asphalt can be considered for some streets in the area? City Manager Sollenberger stated that considering the use of colored, scored asphalt for street paving is too late; that the County is already bringing asphalt to the area; that the viability of asphalt-simulated brick pavement on speed tables will be evaluated to determine how well the brick wears; that asphalt scored like brick may be introduced in the area of Selby Five Points Park if the speed tables wear as well as expected. Commissioner Cardamone stated that entire streets could be repaved using colored, scored asphalt. City Manager Sollenberger agreed; and stated that beautification of streets surrounding Selby Five Points Park can be discussed during the Community Redevelopment Agency (CRA) portion of the budget. 20. CITIZENS' INPUT CONCERNING CITY TOPICS ADMINISTRATION REPORT TO THE COMMISSION REGARDING WHITAKER GATEWAY PARK AT THE JUNE 15, 1998, REGULAR COMMISSION MEETING (AGENDA ITEM IX) #5 (1113) through (2115) Mayor Dupree asked the Deputy City Auditor and Clerk to explain the Citizens' Input process. Deputy City Auditor and Clerk McGowan stated that at this time citizens have three minutes to address the Commission concerning City topics. The following people came before the City Commission: BOOK 44 Page 16820 06/01/98 3:00 P.M. BOOK 44 Page 16821 06/01/98 3:00 P.M. Doug Means, 1100 Hampton Road (34236), stated that his residence is north of and adjacent to Whitaker Gateway Park; that many parties and group gatherings take place during the weekends with loud music boxes and considerable alcohol consumption; that the noise primarily affects multi-family residences on the south side and single-family residences on the north side of the park; that a wind tunnel is created by a high-rise building on one side and a series of lower-height homes on the other side of the park; that the issue is whether recreational use of the park is either passive or active; that the assumption was the recreational use would be passive; however, the use is very active, especially on weekends; that loud music, considerable alcohol consumption and bottles being thrown over the fence take place; that barbecue grills are constantly operating with fumes invading the neighborhood; that air, noise and light pollution all take place; that bright lights shine through residential windows at night; that residents have requested light shields which have not yet been provided; that many residents participated in a meeting with Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, Greg Horwedel, Director of Neighborhoods and Redevelopment, and Deputy Police Chief Russell Pillifant; that residents' concerns were presented and should be addressed expeditiously. Vice Mayor Patterson stated that a call was received from a resident living close to Whitaker Gateway Park; that much noise coming from the park was heard during the conversation; that the noise was above a tolerable level; that something must be done. Mr. Means stated that hundreds of people use what some people call a "neighborhood park"; that the park is a point of destination; that many residents adjacent to the park were not made aware of some activities programmed into the park; that the current level of activity was not envisioned. Vice Mayor Patterson asked for clarification of programmed activities? Mr. Means stated that the barbecue grills and the gazebo size and placement were not discussed; that the recreational "tot lot" has become a large playground facility accommodating 18 children at once; that the playground is 50 feet away from his residence; that children playing is a nice noise; however, weekends are becoming unbearable; that most residents adjoining the park are very distraught. Commissioner Cardamone stated that two telephone calls were received on Memorial Day afternoon from residents living adjacent to Whitaker Gateway Park; that a visit was made to the park, which was one of the busiest places in the City and very noisy and full of people; that many stacked folding chairs were in the gazebo, which is close to the bay and a single-family neighborhood; that trucks had crossed the curb and driven across the grass to set up a commercial barbecue; that commercial barbecues were never envisioned; that Whitaker Gateway Park was intended to be a quiet, passive, no-recreation and "sit-and- enjoy-the-water" type park; that the gazebo was full and many people were lying on lawn chairs and folding chairs; that the appearance was not of heavy drinking; that one-third of the illegally parked cars were from outside Sarasota County; that ten times the number of cars envisioned were parked in the surrounding area; that something must be done; that no one would appreciate City government bringing a park with this level of activity and associated noise into a residential neighborhood; that the noise could be supported if the park were only heavily used on Memorial Day, July 4th and Labor Day; however, large picnics have become very popular and frequent events. Vice Mayor Patterson asked the activity level at Whitaker Gateway Park during the weekend of May 30 and 31, 1998? Mr. Means stated that the park was amazingly quiet due to the overcast weather and the considerable amount of rain; that one small birthday party was held, which is the type of expected activity. Commissioner Cardamone asked if people had installed a port-o-let during the Memorial Day weekend? Mr. Means stated that a church group brought port-o-lets to the park on Memorial Day; that the port-o-let were apparently not used. City Manager Sollenberger stated that the matter was brought to the Administration's attention two weeks ago; that a meeting was held on May 29, 1998, with City Staff and neighbors; that another meeting will be scheduled in an effort to resolve the situation; that the Administration will present recommendations to the Commission as soon as a report is completed; that the use of commercial barbecues or port-o-lets was not known; that the activities have become excessive; that measures will be taken to deal with the complaints; that the Administration is looking for ways to respond to the complaints. Beverly Scott, 1050 Hampton Road (34236L, distributed a list of complaints and requests made at the meeting between the neighbors surrounding Whitaker Gateway park and City Staff; and stated that appreciation is expressed to Vice Mayor Patterson and Commissioner Cardamone for expediting the solutions to the problems at Whitaker Gateway Park; that no one expected the intensity of gatherings at the park; that last weekend was quiet and enjoyable only because of rainy and overcast weather; that residents desired to leave for the Memorial Day weekend but could not due to park visitors crawling over the fence, urinating and BOOK 44 Page 16822 06/01/98 3:00 P.M. BOOK 44 Page 16823 06/01/98 3:00 P.M. defecating on personal property even though port-o-lets were brought into the park; that the level of park activity is a major problem; that neighborhood residents do not dare leave their homes for the weekend; that the high level of activity occurs constantly not just two or three times per year; that park visitors climb over the fence and swim in residents' pools. Ms. Scott entered into the public record a video tape of the meeting with City Staff, including Mr. Mountain, Mr. Horwedel and Deputy Police Chief Pillifant and stated that residents took notes which have been given the Commission; that Gillespie Park has four picnic tables, Island Park has six picnic tables, Laurel Park has no picnic tables and Whitaker Gateway Park has 25 picnic tables, seating 200 people; that the 25 picnic tables are part of the problem; that the neighborhood is being affected due to the park's capacity and size; that the surrounding residential area has not been taken into consideration; that residents have presented suggestions and possible solutions, which the residents would like to see implemented; that more drastic measures should be taken if necessary. Vice Mayor Patterson stated that the type of activity occurring is more appropriate to not yet improved Ken Thompson park; that the improvements on Ken Thompson Park may be hastened to relieve the demand for barbecuing, etc. : that increased traffic on St. Armand's Key will not be welcomed; however, the intensity level of the activities is possible at Ken Thompson Park, which has waterfront area similar to Whitaker Gateway Park. City Manager Sollenberger stated that the schedule of improvements for Ken Thompson Park will be reviewed. Commissioner Cardamone stated that the existence of 25 picnic tables at Whitaker Gateway Park was not known. Ms. Scott stated that the barbecue grills should be removed; that neighborhood residents contend with the fumes every weekend. Vice Mayor Patterson stated that commercial barbecues are not permitted. Ms. Scott stated that a total of 14 barbecue grills exist at the park. Vice Mayor Patterson asked if the barbecue grills are built into the ground? Ms. Scott stated yes. Commissioner Cardamone asked if the police have been called? Ms. Scott stated that the Police Department has responded; however, the overall noise level was not found excessive and unusual due to the large number of people; that a party at a neighbors once in a while is acceptable; that a party with 200 people every weekend with excessive alcohol, basketball hoops, horseshoe equipment and volleyball nets cannot be tolerated every weekend. Beth Steele, 1513 Palmetto Lane (34236), stated that alcohol consumption is a major problem at Whitaker Gateway Park; that on Memorial Day, the' drunkest and most obnoxious and threatening group of people stayed the latest; that installation of a "no alcohol" sign should be expedited. Commissioner Cardamone asked if a "no alcohol" sign is posted in the park? Ms. Steele stated no. Mayor Dupree stated that "no alcohol" signs have not yet been installed. City Manager Sollenberger stated that àlcoholic beverages are not permitted in City parks unless specifically allowed for a particular event. Vice Mayor Patterson asked if alcoholic beverages are illegal at all City parks? Commissioner Cardamone stated yes. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that alcohol is permitted in City parks unless otherwise posted; that alcohol is not permitted in Sarasota County parks. Vice Mayor Patterson asked if a "no alcohol" sign can be posted this weekend and if Sarasota County is responsible for Whitaker Gateway Park? City Manager Sollenberger stated that a "no alcohol" sign can be posted this weekend; that Sarasota County is responsible for Whitaker Gateway Park. Commissioner Cardamone stated that people camp on park grounds throughout the night to reserve an area. Ms. Steele stated that having park lights on during the night implies the park is open; that park hours should be established and posted. Commissioner Cardamone stated that the park entrance could be chained during the night. City Manager Sollenberger stated that park closing hours have been discussed but have always been a debatable issue; that the BOOK 44 Page 16824 06/01/98 3:00 P.M. BOOK 44 Page 16825 06/01/98 3:00 P.M. Commission requested a Citywide report; that the report is being prepared. Vice Mayor Patterson stated that the Administration requested a 6:00 p.m. closing time the last time park closing hours were discussed; that most parks have a closing time of 11:00 p.m. Mayor Dupree stated that is correct. City Manager Sollenberger stated that no Citywide standard for park closing hours exists but is currently being investigated. Commissioner Cardamone asked if a temporary sign posting closing hours can be posted pending the Administration's recommendation? City Manager Sollenberger stated no. Ms. Steele stated that parks have different situations due to the parks' location; that noise and smoke cannot be dispersed at Whitaker Gateway Park due to the surroundings; that other parks could handle many barbecue grills due to plenty of open air and space; that a barbecue grill was lit at 10:30 p.m. on Memorial Day; that the fumes were unbearable; and asked if barbecuing is a passive or active activity? Vice Mayor Patterson stated that barbecuing is usually not a passive activity. Commissioner Pillot stated that solutions to major problems should not be ad-libbed; that the City Manager has indicated a meeting was held and that Staff is working on proposed solutions; that the issue should not be legislated at the Commission table at 10:30 p.m. City Manager Sollenberger stated that a report and recommendations will be presented at the June 15, 1998, regular Commission meeting. 21. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - CITY ATTORNEY TO PREPARE AN ORDINANCE TO ALLOW ADDITIONAL CONSECUTIVE TERMS FOR ADVISORY BOARD MEMBERS WHEN THE COMMISSION DETERMINES EXTRAORDINARY CIRCUMSTANCES EXIST (AGENDA ITEM XI) #5 (2115) through (2972) COMMISSIONER CARDAMONE : A. stated that mooring in the harbor is a very old problem which must end; that a report on managing the boats moored on the Basin near Marina Jack's and O'Leary Coastal Rental, Inc., is requested; and asked the status of the Administration's report to the Commission regarding the possibility of Jack Graham managing the harbor mooring. City Manager Sollenberger stated that a report will be provided. Vice Mayor Patterson stated that a report will be necessary from the City Attorney including the options to restrict the mooring area and obtain City rights from the State to regulate mooring if the Commission desires to take any action. B. stated that the special Commission meeting of May 19, 1998, concerning the Financial Sustainability Study was missed due to a medical problem; that an advantage always exists when sitting quietly and watching a video tape of the meeting; that the disadvantage of missing a meeting is the inability to participate; that the Commission agreed to bring in a key-note speaker who will generate ideas to revitalize the community and bring people together; that many people have excellent ideas and success stories; that a special public participation event is planned as part of the Financial Sustainability, Study; that the Commission may. make a mistake if the proposed special event, which has already been discussed, is greatly changed; that Commission participation is important; that her involvement in choosing speakers along with Commissioner Merrill is desired; that the amount of money being spent on speakers and to hold to sessions is small compared to the overall cost of the Financial Sustainability Studyi that holding a Friday night session, as previously planned, was eliminated; and asked the Commission to reconsider holding the proposed special event on a Friday night and a Saturday, as previously planned. Vice Mayor Patterson stated that deciding against a Friday night session was not intentional. Commissioner Pillot stated that the special event will be reconsidered; that listening to Commissioner Merrill's findings is desired. Commissioner Cardamone stated that Commissioner Merrill has not had the opportunity to work with the consultants or look for other key-note speaker possibilities due to out-of-town travel; that the Commission was very enthused regarding public participation when first planning the event. City Manager Sollenberger stated that the Financial Sustainability Study is viewed as the 1990's version of the Regional/Urban Design Assistance Team (R/UDAT) of the 1980's sO far as setting tones for the City's future possibilities; that BOOK 44 Page 16826 06/01/98 3:00 P.M. BOOK 44 Page 16827 06/01/98 3:00 P.M. the special event will to set the corner stone for City investments in neighborhoods and more critically, towards the bottom-line strategy of neighborhood investment achievements; that the speaker roster provides an opportunity to spark community imagination and stimulation; that the special event planned will hopefully provide the same catalysts to bring support and move ahead. Mayor Dupree stated that Commissioner Merrill's findings should be discussed before making any changes; that the Commission recommended reducing the special event; that the Commission did not eliminate the special event. Commissioner Cardamone asked if a Friday night session is still a possibility. Commissioner Pillot stated yes. City Manager Sollenberger stated that a meeting is scheduled for June 5, 1998, to discuss the special event; that a report will be presented to the Commission. Commissioner Cardamone stated that the minutes of this discussion should be forwarded to Commissioner Merrill; that the Commission can handle the special event if Commissioner Merrill changes his mind. Vice Mayor Patterson stated that support was given for Commissioner Merrill to handle the special event's key-note speaker list due to his continual references to books and speakers; that Commissioner Merrill seems ideal to chose interesting people; that the list of speakers presented to the Commission did not seem to elevate the event to a potential R/UDAT study; that the City developed a Vision Plan which has not been referenced; that the special event should not be anticipated as the R/UDAT of the 1990's; however, the special event should be as interesting as possible. Commissioner Cardamone stated that she does not always agree with the books quoted by Commissioner Merrill; that Commissioner Merrill should not have total responsibility in choosing speakers; that many dynamic speakers have been heard regarding City redevelopment and Florida topics. Vice Mayor Patterson stated that many books regarding City redevelopment have been referenced by Commissioner Merrill. VICE MAYOR PATTERSON: A. stated that the sidewalk on New Pass bridge is on a different side than the sidewalks on the approaching roads; that the Lido Shores sidewalk was constructed on the same side as the sidewalk on Longboat Key; that pedestrians cross in front of traffic at the beginning and end of the New Pass bridge; that the potential of a traffic light has been discussed; that information regarding the possibility of a traffic light would be appreciated. COMMISSIONER PILLOT: A. stated that fundraising by the Van Wezel Performing Arts Hall (VWPAH) for the renovation of the VWPAH is one of the most important activities currently happening; that the term efforts of the leader of the fund-raising expires in a few months; that the loss of his leadership as a member of the VWPAH would result in serious harm to the fund-raising efforts; that the City Attorney and the City Manager have been contacted to assure legitimacy regarding the forthcoming motion. On motion of Commissioner Pillot and second of Vice Mayor Patterson, it was moved for the City Attorney to prepare an ordinance to allow additional consecutive terms for Advisory Board members when the Commission determines extraordinary circumstances exist. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes, Dupree, yes. Commissioner Pillot stated that the circumstances are extraordinary in this situation. MAYOR DUPREE: A. asked if the lighting on Lime and East Avenues has been improved? City Manager Sollenberger stated that his understanding was the lighting has been improved. Mayor Dupree stated that the lighting is still very dark. B. asked if any consideration has been given to repaving and adding drainage at the intersection of East Avenue and Eighth Street? City Manager Sollenberger stated that the Public Works Department will be contacted regarding paving East Avenue and Eighth Street; that repaving Lime Avenue is not suggested at this time as Lime Avenue is a project being funded by the Local Option Sales Tax (L.O.S.T.). Vice Mayor Patterson asked when the reconstruction of Lime Avenue will occur? BOOK 44 Page 16828 06/01/98 3:00 P.M. BOOK 44 Page 16829 06/01/98 3:00 P.M. City Manager Sollenberger stated that reconstruction is scheduled to occur during the fourth year of the L.O.S.T. extension; that the Administration suggested the Commission reorder priorities during consideration of the Capital Improvements Program (CIP); that the recommendation is to advance the Lime Avenue project to within three years and begin reconstruction during Fiscal Year (FY) 2000/01. Greg Horwedel, Director of Neighborhoods and Redevelopment, came before the Commission and stated that a strategy is being developed with the Park East Community Association to redevelop Lime Avenue and key streets in the surrounding neighborhood; that a report with recommendations for using FY 1998/99 Community Development Block Grant (CDBG) funds and other possible funding sources will be presented to the Commission. Mayor Dupree asked if street lights in the surrounding area have been improved? Mr. Horwedel stated that Staff is examining various lighting options. Mayor Dupree stated that a survey of lighting from Fourth Street to 22nd Street between U.S. 41 and the railroad right-of-way was conducted; that no lights had been added to the area. City Manager Sollenberger stated that the use of future CDBG funds has been discussed and CDBG funds should be concentrated into selected neighborhoods to complete necessary projects such as sidewalks, curbs, gutters, etc.; that those changes will then help upgrade neighborhoods. 22. OTHER MATTERS /ADMINISTRATIVE OFFICERS (AGENDA ITEM XII) #5 (2973) through (3108) CITY ATTORNEY TAYLOR: A. stated that Attorney Steven Lewis of Tallahassee represents the City on the issue of the dredging permits in the area of Marina Jack's; that the Florida Department of Transportation (FDOT) asked the law firm of Attorney Lewis to represent FDOT in the Ringling Causeway Bridge lawsuit filed by, the City; that Attorney Lewis asked if the City Commission has a concern with his firm's representing FDOT; that Attorney Lewis was informed the City does have a concern with Attorney Lewis' firm representing FDOT due to the conflict of interest. 23. ADJOURN (AGENDA ITEM XIII) #4 (3110) There being no further business, Mayor Dupree adjourned the regular meeting of June 1, 1998, at 10:36 p.m. OTA ame Cuptus DEROME DUPREE, MAYOR TTE; do 90 3lly & RRebers à - KAREN D. CMCGOWAN, DEPUTY CITY AUDITOR AND CLERK BOOK 44 Page 16830 06/01/98 3:00 P.M.