MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 19, 1999, AT 6:00 P.M. PRESENT: Mayor Mollie Cardamone, Vice Mayor Gene Pillot, Commissioners Albert Hogle, Carolyn Mason and Mary Quillin, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Cardamone The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: "MY IDEA WORKED" AWARD TO JOAN D. AUXIER, SARASOTA POLICE DEPARTMENT #1 (0047) through (0193) Mayor Cardamone stated that a special presentation will be made for the largest award ever allotted in the history of the City's "My Idea Worked" program. City Manager Sollenberger stated that an important and memorable award is being presented to Joan Auxier, Budget Fiscal Analyst, Sarasota Police Department; and requested that Ms. Auxier join him before the Commission. City Manager Sollenberger stated that Ms. Auxier's suggestion entitled "Wrecker Service Contract" was to consider a towing service contract wherein the towing service pays a fee to the City in order to secure the contract; that the suggestion was approved by the "My Idea Worked" Awards Committee on February 23, 1999, under the category for suggestions which generate a savings to the City in the amount of $20,000 or greater after implementation costs; and requested John Lewis, Chief of Police, Sarasota Police Department, and Larry Lovejoy, Director of Employee Services, come before the Commission. Chief Lewis stated that the Sarasota Police Department is extremely proud of Ms. Auxier's 31 years of service and pleased to recognize her for a great idea. Mr. Lovejoy stated that Ms. Auxier's suggestion reflects the City's goal of being a financially responsible City providing quality services; that the suggestion was implemented in August 1998; that the contract with Direct Towing has produced a savings of $51,360 through March 1999 and will generate a first year's savings of $77,040; that the savings represent an income source BOOK 46 Page 18196 04/19/99 6:00 P.M. BOOK 46 Page 18197 04/19/99 6:00 P.M. for the general fund for the City; that the "My Idea Worked" program has existed for several years and recognizes employees for submitting ideas which promote effective communications and provides a means of recognition to employees; that additionally, Ms. Auxier is receiving the maximum award allotted under the Program. Mayor Cardamone presented Ms. Auxier with a plaque and a $2,500 monetary award in appreciation for her unique, cost-saving suggestion and congratulated her for her outstanding efforts; and stated that Ms. Auxier is the only employee to receive the maximum award. 2. PRESENTATION RE: : STAFF APPRECIATION AWARDS PRESENTED BY PAMELA DORWARTH, CHAIRMAN, CITIZENS WITH DISABILITIES ADVISORY BOARD #1 (0201) through (0315) Pamela Dorwarth, Chairman, Citizens with Disabilities Advisory Board, came before the Commission and stated that the City's dignity comes from a spirit of cooperation; and presented awards to the following persons in appreciation of the assistance provided to the Citizens with Disabilities Advisory Board: Glenn Bliss, Building and Fire Plan Examiner, accepted by Timothy Litchet, Manager, Building Zoning and Code Enforcement David Waugh, Building Official, accepted by Mr. Litchet Karen McGowan, Deputy City Auditor and Clerk Richard Nesmith, Customer Service Representative I David Sollenberger, City Manager Ms. Dorwarth presented a special plaque to Maggie Sumney, Total Quality Performance Manager, in appreciation of her many contributions to the disabled community; and stated that the following people were recognized at the most recent Citizens with Disabilities Board Meeting: William Hallisey, Director of Public Works Duane Mountain, Deputy Director of Public Works Joseph Pizzalato, Supervisor, Maintenance Operations 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0315) through (0340) City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Add as New Business, Item VIII-3, Approval re: Request to schedule an Attorney-Client Session in accordance with Section 286.011 (8), Florida Statutes (1997), regarding pending litigation with the Florida Department of Transportation (FDOT) concerning the Ringling Causeway Bridge Replacement to discuss settlement negotiations and strategy relating to litigation expenditures per the request of City Attorney Taylor. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 4. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, 7, 8 AND 9 - APPROVED (AGENDA ITEM III-A) #1 (0340) through (0353) 1. Approval Re: Set for public hearing proposed Ordinance No. 99-4127, amending Section 33-109(a) of the Sarasota City Code to clarify the exemptions to the prohibitions relating to the parking of any truck or trailer upon any street or highway in a residential district of the City, etc. 2. Approval Re: Set for public hearing proposed Ordinance No. 99-4129, amending Chapter 24, Personnel, Article II, Pensions, Division 3, Police, of the Code of Ordinances of the City of Sarasota; amending Section 24-78, Lay-off and Termination Benefits; amending Section 24-93, Deferred Retirement Option Plan, etc. 3. Approval Re: Request to authorize an amendment to the Table of Organization of the Pension Department to include an additional Pension Manager. 4. Approval Re: Set for public hearing proposed Ordinance No. 99-4134, amending Chapter 1, general provisions of the City Code, to add Section 1-12.1 providing for the prosecution of a principal in the first degree, etc. 5. Approval Re: Set for public hearing proposed Ordinance No. 99-4135, amending Chapter 36, Article II, Section 36-24 of the City Code pertaining to the regulation of vehicles for hire to prohibit the permitting of the operation of for-hire vehicles or taxicabs in service as a public vehicle without a license sticker, etc. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Second Renewal to the Agreement with Leggette, Brashears & Graham, Inc., (RFP #97-36) to provide hydrogeological/engineering services for the City of Sarasota Water and Sewer Systems for an additional one-year period. BOOK 46 Page 18198 04/19/99 6:00 P.M. BOOK 46 Page 18199 04/19/99 6:00 P.M. 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Sixth Amendment to the Agreement with Gary B. Hoyt, AIA, P.A., to provide architectural and historic preservation services for renovations of the Municipal Auditorium Phase VI Project. 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Sixth Amendment to the Agreement for Engineering Services with Coastal Planning & Engineering, Inc., for the Lido Beach Renourishment Project. 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the No-Cost Extension Amendment to the Agreement with Mote Marine Laboratory, Inc. for the Trends Analysis of Sarasota Bay water quality. On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 9, inclusive. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Quillin, yes, Pillot, yes; Cardamone, yes. Vice Mayor Pillot stated that an explanation should be provided the audience concerning Item No. 8 regarding the Lido Beach Renourishment Project. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that a contract with Coastal Planning & Engineering, Inc., is for surveying, testing, and topography for the recently completed Lido Beach Renourishment Project as required by State permitting laws and grant funding for the next three years; that a separate contract with Mote Marine Laboratory, Inc., concerning turtle monitoring will also be developed. Vice Mayor Pillot asked if the effect of the required tests are positive in the long and difficult job of renourishment on Lido Beach? Mr. Daughters stated yes; however, the tests are merely required follow-up on work already completed during the Lido Beach Renourishment Project of May 1998; that the tests will assist the City to obtain future funding as the results likely will show the Lido Beach renourishment was an effective project. Vice Mayor Pillot stated that the tests should confirm the City's efforts to do the best possible work within the State's permitting constraints to keep the beaches safe and protect the structures located on the beaches. Mr. Daughters stated that the next renourishment project will provide additional protection for the beach; that further discussion on Lido Beach renourishment will continue under Agenda Item VIII-1. 5. CONSENT AGENDA NO. 2: ITEM NO. 1 (RESOLUTION NO. 99R-1175) - ADOPTED; ITEM NO. 2 (RESOLUTION NO. 99R-1176) - ADOPTED; ITEM NO. 3 (RESOLUTION NO. 99R-1177) - ADOPTED; ITEM NO. 4 (ORDINANCE NO. 99-4126) - ADOPTED (AGENDA ITEM III-B) #1 (0353) through (0533) City Auditor and Clerk Robinson read proposed Resolution No. 99R-1176 in its entirety and proposed Resolution Nos. 99R-1175, 99R-1177 and Ordinance No. 99-4126 by title only. 1. Adoption Re: Proposed Resolution No. 99R-1175, accepting reports of abatement of nuisances, and cost incurred, pertaining to the repair, securing, or demolition of buildings or structures in accordance with the standard of unsafe building abatement codes 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 the circuit court in and for Sarasota county; providing for the accumulation of interest on said liens, etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 99R-1176, appropriating $9,230 from the unappropriated fund balance of the equipment maintenance fund to fund 1/2 the expense to repair the roof of the 12th Street public works building; etc. 3. Adoption Re: Proposed Resolution No. 99R-1177, closing A. B. Smith Park during certain designated hours, seven days a week; making certain findings; etc. (Title Only). 4. Adoption Re: Second reading of proposed Ordinance No. 99-4126, amending Section 33-167 of the Sarasota City Code to increase the fine for parking in spaces provided for disabled persons from $150 to $250; repealing ordinances in conflict; etc. (Title Only). On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 4, inclusive. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. 6. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4128, AMENDING THE ZONING CODE (1998) AS ADOPTED BY REFERENCE BY BOOK 46 Page 18200 04/19/99 6:00 P.M. BOOK 46 Page 18201 04/19/99 6:00 P.M. ORDINANCE NO. 98-4076; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING ARTICLE IV, DEVELOPMENT REVIEW PROCEDURES; DIVISION 2, GENERAL PROCEDURES; SEC. IV-202, NOTICES AND PUBLIC HEARINGS; SUBPARAGRAPH I, CONTACTS OUTSIDE OF THE HEARING, REGARDING EX PARTE COMMUNICATIONS AND QUASI-JUDICIAL HEARINGS; DIVISION 8, HISTORIC PRESERVATION IS AMENDED TO ADD THE FOLLOWING SECTIONS: SEC. IV-818, DEMOLITION BY NEGLECT; SEC. IV-819, ORDINARY MAINTENANCE; SEC. IV-820, DANGER TO LIFE, HEALTH OR PROPERTY; AND SEC. IV-821, REVOCATION OF CERTIFICATES OF APPROPRIATENESS, ARTICLE V, VESTED RIGHTS AND NONCONFORMITIES, DIVISION 1, NONCONFORMITIES IS AMENDED TO ADD A NEW SUBPARAGRAPH (G) PERTAINING TO HISTORIC STRUCTURES TO SEC. V-103, NONCONFORMING STRUCTURES: REPEALING ORDINANCES IN CONFLICT; SECOND SET OF ERRATA REVISIONS TO 1998 ZONING CODE, ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV) #1 (0533) through (0830) Mayor Cardamone requested that City Auditor and Clerk Robinson explain the public hearing process. City Auditor and Clerk Robinson stated that at this time any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. City Attorney Taylor stated that proposed Ordinance No. 99-4128 contains errata revisions dated April 19, 1999, amending the Zoning Code (1998) as follows: Article IV, Development Review Procedures Section IV-202 (2), Notices and Public Hearings, Subparagraph I, Contacts Outside of the Hearing, ex-parte communication and quasi-judicial hearings Division 8, Historic Preservation add the following Sections: Section IV-818 = Demolition by Neglect Section IV-819 - Ordinary Maintenance Section IV-820 = Danger to Life, Health or Property Section IV-821 = Revocation of Certificates of Appropriateness Article V. Vested Rights and Nonconformities Division 1 Nonconformities add new Section V-103, Nonconforming Structures. City Attorney Taylor stated that the phrase "and identify the person, group or entity with whom the communication took place" has been added to Section IV-202(2); that the word "substance" has been changed to "subject" in the quasi-judicial public hearings to remain consistent with the State statute authorizing the adoption of the exception to ex-parte communication requirements to result in the following: Section IV-202 (2) If the communication is oral, the Commissioner or board member shall identify the subject of the communication and identify the person, group or entity with whom the communication took place. . City Attorney Taylor stated that the changes are necessary as difficulties have already been encountered in a pending lawsuit where procedures conflict with the Zoning Code (1998). City Attorney Taylor stated that proposed Ordinance No. 99-4128 also relates to several aspects of historic designations; that the adopted Zoning Code (1998) left out several sections from the former Zoning Code (1981) including: 1) the demolition of istorically-dasignatea structures by neglect, 2) an allowance for ordinary maintenance and repair, 3) the provision for demolition of structures which present a danger to life, health or property, 4) the revocation of Certificates of Appropriateness, and 5) the exemption of historic structures from provisions of the Zoning Code (1998) pertaining to non-conforming structures; that no new language is contained in proposed Ordinance No. 99-4128, nor was the language prepared specifically for the proposed Ordinance; that the Planning Board/Local Planning Agency (PBLP) found proposed Ordinance No. 99-4128 consistent with the City's Comprehensive Plan, known as the Sarasota City Plan, 1998 Edition. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4128 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4128 on first reading. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to pass Ordinance No. 99-4128 on first reading. Commissioner Quillin stated that the City's Advisory Boards are not always being consulted regarding subjects of interest; that BOOK 46 Page 18202 04/19/99 6:00 P.M. BOOK 46 Page 18203 04/19/99 6:00 P.M. proposed Ordinance No. 99-4128 was not reviewed by the Historic Preservation Board. City Attorney Taylor stated that proposed Ordinance No. 99-4128 was not reviewed by the Historic Preservation Board as no requirement exists for such review; that additionally, the Historic Preservation Board was not consulted as the errata revisions were originally contained in the Zoning Code (1981) and are merely being reinserted in the Zoning Code (1998); that, if appropriate, the errata revisions may be submitted for review by the Historic Preservation Board. Mayor Cardamone asked if proposed Ordinance No. 99-4128 represents any change from the previous language? City Attorney Taylor stated no; that the language in proposed Ordinance No. 99-4128 was also contained in the Zoning Code (1981). Commissioner Quillin stated that the concern is City Advisory Boards are appointed by the Commission for advisory purposes; that new language appears in the errata revisions; that the age of the language contained in the previous Zoning Code (1981) is unknown; therefore, a recommendation by the Historic Preservation Board would have been desirable regardless of necessary changes, particularly in the case of Certificates of Appropriateness for Demolition. Mayor Cardamone stated that the Commissioner's concerns are heard. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to pass Ordinance No. 99-4128 on first reading. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 7. CITIZENS - INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) #1 (0860) through (1545) The following people came before the Commission: Ned Parsekian, 460 N. Washington Drive (34236), representing St. Armands Residents Association, came before the Commission and stated that the Commission's time and thoughts concerning the Ringling Causeway Bridge are appreciated. Mr. Parsekian referred to the April 19, 1999, article in the Sarasota Herald-Tribune regarding the status of negotiations between the City and the Florida Department of Transportation (FDOT) ; and stated that the St. Armands Residents Association is concerned about the increasing amount of traffic on St. Armands Key; that the proposed bridge will not alleviate traffic as the number of traffic lanes will not increase from the four lanes currently in existence; that secondly, the Administration has indicated over 60 percent of the traffic crosses the Ringling Causeway Bridge to reach destinations located on Longboat Key, rather than St. Armands or Lido Keys; that the City's first priority should be providing a bridge to Longboat Key; that the ever-increasing traffic causes safety and evacuation problems for all the barrier islands; that a tragedy could happen if no solution is found; that the likelihood of receiving $130 million for another bridge is minimal sO the funds on hand should be invested in a bridge to Longboat Key; that a poll taken by St. Armands Residents Association shows the residents favor construction of a bridge to Longboat Key; that a poll indicating opposition to a bridge to Longboat Key could have been taken by the Longboat Key Chamber of Commerce and directed to merchants rather than the general citizenry; that many comments to the Longboat Key poll indicate a second bridge should be constructed; that the Commission is urged to support construction of a bridge to Longboat Key. Richard Storm, South Gulfstream Avenue (34236) representing the Bridge Too High Committee, stated that the Committee is an intervener in the pending litigation between the City and FDOT; referred to the April 19, 1999, article in the Sarasota Herald- Tribune regarding negotiations between the City and FDOT which surprised the Committee by the mention of a possibility of a compromise. Mr. Storm continued that the Bridge Too High Committee would like to restate the position of the Committee which is finding a solution to the main issue surrounding the bridge question, i.e., traffic problems which is believed the position of the Commission as well; that rehabilitation of the existing bridge is desired while a study is being conducted to determine a solution to the traffic problems which will inevitably require construction of an additional bridge to Longboat Key; that the idea of compromise and renewed negotiations with FDOT is excellent; however, the City should not forget the target of solving the City's traffic problems in any compromise with FDOT; that a slightly higher bridge may help but not provide a long-term solution. Kathryn Cover, P.O. Box 8073 (34228), stated that the situation concerning Russell Pillifant, Deputy Chief of Police, Sarasota Police Department, is appalling; that the report dated April 7, 1999, entitled Investigation Regarding Sergeant Brenda E. Redden, Written Statement of Fact, Findings and Recommendations, written subsequent to a complaint by Ms. Brenda Redden on March 22, 1999, indicates an inappropriate remark was a one-time mistake, not a recurrent theme, in the BOOK 46 Page 18204 04/19/99 6:00 P.M. BOOK 46 Page 18205 04/19/99 6:00 P.M. behavior or actions of Deputy Chief Pillifant who has been a member of the Sarasota Police Department for 25 years and maintained an impeccable record; that complaints would have been reported if similar problems had occurred in the past; that no reports of lying, cheating or stealing have been received; that Deputy Chief Pillifant readily admitted and immediately apologized for the inappropriate comment; that she is speaking as a citizen, not an investigative reporter and having no affiliation with the Police Department other than speaking with other employees, who referenced comments made but not included in the investigative report; that the incident resulting in allegations of discrimination and problems in the workplace is either an isolated incident or a gross distortion; that the treatment of a long-term employee with an excellent record is wrong; that the message will not improve race relations in the community; that the City is requested to reopen the investigation; that the career and reputation of a good man and fine employee is at stake; that apparently Deputy Chief Pillifant is being made a token sacrifice in the cause of race relations; and asked if the investigation could be reopened? City Manager Sollenberger stated that the action is final; that the reports in the local news media concerning a deal for Deputy Chief Pillifant to tender a notice of retirement are not true; that the City is losing a valuable law enforcement officer with the impending retirement of Deputy Chief Pillifant; that the inappropriate comment did not result in a forced retirement of Deputy Chief Pillifant. John Lewis, Chief of Police, Sarasota Police Department, came before the Commission and stated that the disciplinary action of the Police Department, personally recommended and approved by the City Manager was contained in the disciplinary action letter dated April 16, 1999, and includes two weeks' suspension without pay, attendance at sensitivity training classes, and reassignment of responsibilities within the Police Department; that the decision was made solely by Deputy Chief Pillifant to retire on January 1, 2000; that the specific date was mentioned prior to setting a date for a pre-determination hearing required by civil service rules; that at no time was Deputy Chief Pillifant requested to leave the Police Department; that Deputy Chief Pillifant is a valuable asset to the department having served the City admirably for 25 years and was known first as a Captain ten years ago, was promoted to Commander in charge of police and fire support services, and later appointed as Deputy Chief; that the promotions would not have been granted if any doubts existed over the ability or character of Deputy Chief Pillifant. Ms. Cover asked if Deputy Chief Pillifant could remain with the Police Department if deciding not to retire? City Attorney Taylor stated that a question-and-answer session concerning matters with potential legal ramifications is inappropriate during Citizens' Input; that citizens should be heard and then dismissed from the Commission table. Mayor Cardamone stated that the Police Chief's comments are appreciated; that many calls expressing concern over the handling of the incident regarding allegations of discrimination and problems in the workplace have been received from the community. City Attorney Taylor stated that the intent was not to focus on any individual comments concerning a question-and-answer session during Citizens' Input; that the matter was brought up as questions were asked; that the same comment would be given if questions were asked during the presentation concerning the Ringling Causeway Bridge. Lorraine Garland, 1252 Center Place South (34236), representing Lido Shores Association, stated that the Lido Shores Association proposes the Commission address in the following order: 1) resolving the traffic congestion at US 41 and Ringling Boulevard, 2) developing a formal agreement with FDOT to construct a bridge from 10th Street to Longboat Key within seven years, and 3) supporting the construction of a replacement for the Ringling Causeway Bridge; that other interested persons sharing the Lido Shores Association approach to resolving traffic problems and to ensure the safety of the barrier islands are: City Island Eugene Whipp = Gulfwind Marine Dale Shields - Pelican Man's Bird Sanctuary Kumar Mohadevan - Mote Marine Laboratory, Inc. St. Armands Circle Tim Horvarth = St. Armands Pharmacy Everitt McCarver, Roland Moser McCarver and Moser Jewelers Mike Melnick - Armel Jewelers of St. Armands Ms. Garland stated that the Commission's consideration of plans to ensure the safety of citizens during emergencies is requested; that traffic problems are the main issue on Lido and Longboat Keys, especially during the winter season. Ronald MacPherson, 1240 West Way Drive 0626lreresenting Lido Shores Association, came before the Commission and stated that traffic problems and placing a bridge in the right place from the mainland to the Keys are the main issues; that the safety of citizens during emergencies should be addressed; that St. Armands Circle and Lido Beach are assets to the City and should be protected; that the majority of traffic from the mainland is destined for or returning from Longboat Key to the mainland BOOK 46 Page 18206 04/19/99 6:00 P.M. BOOK 46 Page 18207 04/19/99 6:00 P.M. without stopping at St. Armands Circle; that the qualifications of members of the Sarasota/Manatee Metropolitan Planning Organization (MPO) to make decisions affecting St. Armands, Lido Beach and Longboat Key area are questioned; that only a small number of people approve of the current plan to replace the Ringling Causeway Bridge; that the real problem is traffic on US 41 and Ringling Boulevard; that additionally, problems are caused by pleasure boaters with large yachts who require opening the Ringling Causeway Bridge thus holding up thousands of people driving to and from the barrier islands. Vice Mayor Pillot stated that the previous Commission's intent was to encourage and urge the construction of a second bridge within applicable budget constraints. City Attorney Taylor referred to the April 19, 1999, article in the Sarasota Herald-Tribune; and stated that no intent was made to speak on behalf of the Commission which has had no opportunity for discussion of a settlement concept; that a letter was received from Theodore Taub, P.A., Law Firm of Broad and Cassell, representing FDOT; that a response was provided in a letter dated April 8, 1999, indicating room for compromise both on the part of the City and the State is necessary prior to any settlement discussions and asking the willingness of FDOT to compromise; that no response has been received; that an Out-of-the-Sunshine meeting is requested with the Commission to discuss a settlement concept; that the letter of April 8, 1999, was not intended to imply the Commission approved anything other than the Commission's position already on the record. 8. UNFINISHED BUSINESS: DISCUSSION RE: : LEMON AVENUE MALL LEASE NEGOTIATIONS = APPROVED TO: 1) TERMINATE NEGOTIATIONS WITH CAFE KALDI, 2) ISSUE NEW RFP AND CONTINUED NEGOTIATIONS WITH CAFE KALDI TO RESOLVE POINTS OF CONTENTION, 3) SEPARATED NEGOTIATIONS WITH WEST END BAR & GRILL AND 4) DIRECT THE CITY ATTORNEY FILE ACTION TO QUIET TITLE ON PROPERTY AT SOUTH END OF LEMON AVENUE MALL (AGENDA ITEM VII-1) #1 (1545) through #2 (1003) City Manager Sollenberger stated that two matters are before the Commission: 1) lease negotiations with Cafe Kaldi and 2) lease negotiations with West End Bar & Grill; that several issues surround the lease negotiations for Cafe Kaldi; that a few weeks ago negotiations between the City and the representatives of Cafe Kaldi broke down over the following issues: 1. Length of Lease Term - The City's Request for Proposal (RFP) called for a minimum 5-year lease with 5-year options, with optional renewals subject to mutual agreement. Cafe Kaldi seeks a 20-year initial term plus a 10-year option to be exercised at Cafe Kaldi 's discretion if in compliance with the terms of the lease agreement. The request is tantamount to a 30-year lease. The question for the City Commission is acceptability of a 30-year lease term for the site. The City's previous experience with a 20-year lease, albeit a 5-year initial term with three 5-year options, resulted in the City's dissatisfaction with a required buyout of leasehold improvements for approximately $172,000. 2. Amortization of Capital Improvement Costs - The City's RFP indicated that the City would not fund any construction or renovation work for the leasehold. Cafe Kaldi seeks 100 percent amortization of capital improvements and estimates capital costs of between $351,200 to $371,200. Cafe Kaldi proposes to deduct these costs from the monthly rent payments to the City. The question to the Commission is whether the City should provide an amortized discount to the rent. 3. Encroachment by the existing Main Street Depot Building The building formerly leased by Ernest Ritz is not situated on City property but rather located on a 5- foot piece of land between the proposed lease parcel and the Wolf Camera building. The building was built 40 to 50 years ago. Michael Connolly, City Attorney's Office, believes the issue can be settled by means of an action to quiet title. Attorney Connolly has prepared papers to quiet title and will request the Commission's authorization to proceed. The attorneys for Cafe Kaldi do not oppose the action. 4. Water, Sewer and Storm Drain Easements A 42-inch storm sewer lies underground in the middle of the plaza area. The City was unaware of the presence of the storm sewer at the onset of negotiations with Cafe Kaldi. The storm sewer was not shown on quarter section maps reviewed by consultants associated with preparation of the RFP. City Manager Sollenberger stated that the RFP called for a minimum of 5-year lease, with 5-year renewals subject to mutual agreement; that regarding amortization, the City indicated funding renovations or construction on the property would not be considered; that the RFP indicated no reduction in the patio area of the plaza; that a disclosure item stated the City believed the contents of the RFP were accurate; however, respondents were encouraged to verify information through independent sources; that in addition to the 5-foot piece of land between the proposed lease parcel and the Wolf Camera building proposed for quiet BOOK 46 Page 18208 04/19/99 6:00 P.M. BOOK 46 Page 18209 04/19/99 6:00 P.M. title, a 12-inch water line exists; that the City would have had knowledge of the existence of the utility lines when the lease was negotiated with the Mr. Ritz if current development review procedures had been in place; however, no such procedures existed at the time; that additionally, a sanitary sewer line is located 8-feet under the ground in front of the former Main Street Depot building; that the possibility of construction beyond the current structure is a moot issue which relates to the length of the lease term and amortization issues; that the Administration believes the City should re-advertise the RFP due to the change in circumstances and requests authorization for the City Attorney's Office to proceed with the quiet title action. Commissioner Quillin asked the advice of the City Attorney's Office regarding the action to quiet title? Attorney Connolly, City Attorney's Office, came before the Commission and stated that investigations have been continuing for several weeks concerning the title for the 5-foot piece of land between the proposed lease parcel and the Wolf Camera building owned by Mr. & Mrs. Thomas Cook; that once records dating back to 1945 have been gathered, the next step is to obtain service of process on the interested parties; that the Oleander Realty Company, the last record owner of the parcel, dissolved in 1981; that the only living member from the Board of Directors was last seen in 1991 in California; that records should indicate sometime between 1946 and 1952 the subject 5 feet was divided sO only a small possibility of success is likely even if someone has objections to an action to quiet title; that the court will decide regarding ownership of the parcel once all the parties with a possible title claim have been located or all reasonable efforts to locate have been exhausted; that the title of record is Lot 22, less the easterly 5 feet; that the Cook's never had title to the subject 5 feet, sO are not likely to object; that the third party is the City; that lessee improvements have been on the subject 5 feet since 1988; that the logical conclusion for the court is to find the City holds title to the 5-foot parcel; that finding the remaining Board of Directors of Oleander Realty will require an indefinite amount of time; that once the lawsuit is filed, a six-month time frame for resolution is likely. Mayor Cardamone asked the family name associated with Oleander Realty? Attorney Connolly stated that Harry Weichman and his wife Grace, both deceased, and Lauretta Weichman, a cousin of Grace were associated with Oleander Realty; that the most recent address for Lauretta is from 1991 and located in California. Mayor Cardamone stated that personal information concerning Oleander Realty will be divulged after the meeting. Vice Mayor Pillot asked for clarification of the possibility of additional construction on the parcel. City Manager Sollenberger stated that the City would not ordinarily permit anyone to build over water, sanitary sewer or storm sewer lines. Vice Mayor Pillot stated that the City Manager used the word "moot" in reterence to construction; and asked if the issues of constructing a building or of additional building amortized on whatever terms are moot due to the infrastructure? City Manager Sollenberger stated that is correct. Chris Keesecker, 1352 Manhattan Avenue (34239) President, Jay Witham, 1568 Main Street (34233) Consultant and Robert Watrous, 275 Orange Avenue (34236) Attorney representing Cafe Kaldi, came before the Commission. Mr. Keesecker stated that prior to hearing the comments of the City Manager, the desire was to establish a basis upon which the City Attorney and the attorney for Cafe Kaldi could discuss areas of agreement or disagreement; that the optimism felt at the September 21, 1998, Commission Workshop and Regular Commission meeting has completely vanished; that the RFP recommendations were followed to create a new look for the Lemon Avenue Mall location and were unanimously approved by the Commission; that during a September 21, 1998, Commission Workshop, inquiries were made as to what could or could not be done at the site; that the Commission advised neither the trees nor the canopy could be disturbed; that Cafe Kaldi proceeded to design a building which did not impede the canopy nor destroy any trees; that questions were asked if any other hindrances existed on the site; that the answer was no; that a course of action must be taken to protect the interests of Cafe Kaldi as the question of building on the site is moot. Attorney Watrous stated that the utility issue should be addressed first; that Mr. Keesecker was made aware of the issue as recently as approximately one month ago following months of work and the expenditure of considerable funds to eliminate other barriers; that difficulties were experienced in negotiating the basic lease term length and the issue of capital improvement rebate with the City; that during the negotiations, Mr. Keesecker worked on other issues to comply with the RFP; that the change in circumstances to which the City Manager refers does not apply to the utility issue as no change has occurred; that the pipes have been in place for many years and were apparently an issue at the time of the original lease by Mr. Ritz; that building constraints were placed on Mr. Ritz to build only to a certain point due to BOOK 46 Page 18210 04/19/99 6:00 P.M. BOOK 46 Page 18211 04/19/99 6:00 P.M. the utility lines, which has been confirmed through subsequent conversations; that the City was aware of the utility lines due to maintenance requirements, etc., and yet the lines were not mentioned in the RFP proposal nor in any subsequent discussions; that the City is making a mistake by recommending withdrawal of the RFP considering the amount of time and money spent by Cafe Kaldi; that Mr. Keesecker would still be interested in the site even with the existing extreme limitations; that the building is very narrow; that additionally, the City may not own 5 feet of the building despite having presented written documentation of ownership at the time the RFP was issued; that Mr. Keesecker has the following options: 1) build over the utility easements which is a very expensive proposition, 2) enter into an agreement on the limited available space, or 3) receive compensation for the loss due to misinformation received from the City on an easement issue which should have been readily available; that the quiet title action is likely to take several years to resolve, especially if title is contested; that the possible issue is offering property for lease which is not owned by the City which raises the possibility of legal action. City Auditor and Clerk Robinson stated that the time allotted for presentation has expired. Mr. Keesecker stated that an extension of time is requested. Vice Mayor Pillot asked if Attorney Watrous' presentation is complete? Attorney Watrous stated no. Mayor Cardamone stated that hearing no objections, the request for an extension of time is granted. Attorney Watrous stated that firm verbal representations were made to Mr. Keesecker regarding the lease term; that subsequently, the length of lease term was cut by almost 50 percent at the February 16, 1999, Regular Commission meeting. Mayor Cardamone asked the terms of the lease proposed in the RFP? Attorney Watrous stated that no lease term is contained in the RFP; however, the RFP states: The City contemplates a lease term of five years. Additional five year renewals will be available upon mutual agreement between the City and the leaseholder. RFP respondents must describe and justify any proposed term that differs from either the initial 5-year lease term or the proposed 5-year renewal periods. Attorney Watrous stated that the proposed lease term was submitted in writing by Cafe Kaldi indicating the necessity for a full 20-year lease term. Mayor Cardamone stated that the Commission authorized a 5-year term with 5-year extensions. Attorney Watrous stated that a personal response is inappropriate as knowledge of the minutes from subsequent Commission meetings is unknown; that the RFP states the initial intention and is open to modification upon a showing of justification; that the justification was submitted and accepted by Staff; that at the February 15, 1999, Regular Commission meeting, the lease term reverted to a 10-year term without explanation, effectively reducing by 50 percent the period of time for control of the property; that Mr. Keesecker, a private businessman, had planned extensive improvements on City property; that the City would have the benefit of ownership of the structure at the end of the lease; that the term for use of the building on the property is a crucial issue; that at the February 15, 1999, Regular Commission meeting at which time as amortization terms were discussed, the Commission changed the allowable capital expenditures from 100 percent to 50 percent on the building as part of a lease abatement without explanation; that the change in terms caused the cost of capital improvement to double while the term of the lease was reduced by 50 percent; that subsequently, new knowledge indicated the City did not own a 5-foot section of the building and water, sewer and storm drain lines were discovered running under the property which would prevent construction of a building; that the hope was to discuss lease term and capital expenditure issues; and cited the terms of the proposed lease as follows: the tenant must provide the City access to all underground municipal facilities located beneath the leasehold for purposes of maintaining, repairing or replacing said facilities. The City shall not be responsible for any disruption to tenant's business activities caused by City exercising said right of access. Attorney Watrous stated that Cafe Kaldi would be foolish to enter into lease agreement since a 42-inch pipe runs beneath the building which would require ongoing, disruptive maintenance and for which no reimbursement would be made; that the original leasehold was changed. Commissioner Hogle stated that much discussion has taken place concerning the problems of Cafe Kaldi; and asked for a suggestion to resolve the issue? BOOK 46 Page 18212 04/19/99 6:00 P.M. BOOK 46 Page 18213 04/19/99 6:00 P.M. Attorney Watrous stated that Cafe Kaldi will not remove the utility lines on the property as the cost is prohibitive to move lines in a Downtown area at a major intersection; that the possibility for a significant structure on the site is eliminated since no commercial business would build on the site containing utility lines; that two options remain: 1) withdraw the original offer and request compensation for time, effort and out-of-pocket expenses to date., and 2) negotiate a proposal with the City using the limited existing space, assuming the quiet title action can be resolved. Commissioner Quillin asked if Cafe Kaldi can operate the business in the existing building? Mr. Keesecker stated that modifications would be necessary to utilize the structure; however, engaging design professionals is a concern until a solid commi tment is received from the Commission which could lead to reasonable negotiations. Commissioner Quillin asked if the 5-foot portion not owned by the City is a concern? Mr. Keesecker stated that the 5-foot portion not owned by the City will probably be resolved; however, the timeframe is unknown; that the larger concern is the utility lines. Commissioner Quillin stated that the utility lines are in the plaza area; that no building extension would be allowed. Mr. Keesecker stated that redesigning the existing structure to fit the concept of Cafe Kaldi is the next step; that the building cannot be expanded except in the area of a bicycle stand which is located south of the area containing the utility lines. Commissioner Quillin asked if Mr. Keesecker is willing to enter a new RFP process? Mr. Keesecker stated no. Mr. Witham stated that the City, particularly the Department of Neighborhoods and Redevelopment, strongly encouraged Cafe Kaldi to seek creative approaches within certain guidelines on a piece of property with severe construction constraints during the RFP process; that the advice was accepted and put into action by Cafe Kaldi; that a longer lease term was requested in order to recoup the considerable costs involved in creating an appropriate design which would benefit the site and Downtown; that the guidelines of the RFP were acknowledged but understood as subject to discussion and review; that changes to the terms would be acceptable only if everyone agreed to other terms; that Cafe Kaldi's proposal was unanimously accepted by the Commission at the September 21, 1998, Regular Commission meeting and was taken to mean at the very least a tacit acceptance of the terms clearly set forth in Cafe Kaldi's response. Vice Mayor Pillot stated that one option proposed by Cafe Kaldi is withdrawing the original offer and requesting compensation for expenses; that the other option proposes negotiating a proposal using the limited existing space, assuming the quiet title action can be solved and which leaves the possibility a workable alternative between the City Attorney's Office and Attorney Watrous can be developed; and asked which of the two options is favored assuming the Commission would grant compensation requested in the first option? Attorney Watrous stated that resuming negotiations to ascertain the possibility of a businesslike solution is favored; that a lawsuit can always be filed later if no resolution is accomplished; that the prudent action is to talk and investigate; that the City has a problem regardless of the interests of Cafe Kaldi on a piece of property located in a crucial Downtown location; that extreme limitations are now known on the site; that the 5-foot portion not owned by the City must be resolved; that the City must determine a use for the property regardless of the existence of Cafe Kaldi; that the problem with Cafe Kaldi is the large expenditure of time, effort and monetary expense leading to a frustrating situation; that any further action is inhibited based upon the belief accurate information has not been forthcoming; that the other concern in looking at potential options for the property would require spending more funds; that an interim agreement is favored to prevent wasting funds. Vice Mayor Pillot stated that the Commission will likely make a decision before the end of the meeting; and asked the response of Mr. Keesecker if the vote supports the issuance of a new RFP? Attorney Watrous stated the negotiations would end. Vice Mayor Pillot asked the likely action if the vote supports the issuance of a new RFP? Attorney Watrous stated that the potential for litigation is very strong; that Mr. Keesecker is not willing to walk away from a situation begun in good faith and where the RFP presented by the City and upon which reliance was placed contained an inaccurate drawing; that additionally, a situation exists for Mr. Keesecker to investigate legal options as material issues were not disclosed by Staff. City Attorney Taylor stated that the Commission should be aware a philosophical difference exists between Cafe Kaldi and the City over the events which have taken place since the RFP was first issued; that according to the City, an RFP is a request for an BOOK 46 Page 18214 04/19/99 6:00 P.M. BOOK 46 Page 18215 04/19/99 6:00 P.M. interested person to come forward with a proposal which meets the City's guidelines; that the negotiations proceed from that point; that discovery of the utility lines arose while negotiations were in process and provided practical difficulties; that the City never negotiated a lease agreement for the Commission's approval; that neither the City Manager nor any department manager was ever authorized to prepare an agreement; that the ultimate decision is made at the Commission table, yet claims made by Cafe Kaldi of a unanimous approval of an RFP do not present the same impact on the City as the impact felt by Cafe Kaldi; that comments about gremant/disagrement on various points concern discussions which took place at a departmental level rather than points recommended by the City Manager or the Commission; that the ultimate problem concerns two important yet unresolved issues; that no personal knowledge exists of any specific agreement; that a positive recommendation will not be made as the City Manager has not indicated a readiness to accept any proposal received to date on the following points: 1) the length of the lease term and the open-ended issue of renewal terms, and 2) the amortization process for capital improvements, if anyi that agreement by both sides to negotiate with an open mind on the two issues is the first priority. Mr. Keesecker stated that the City Attorney has spoken in error; that the Commission approved the RFP by a vote of 5 to 0; that the unanimous decision does not mean the deal is sealed; however, an accurate, detailed chronology was provided the Commission on negotiations with the City Manager's Office; that over a six-month period, the basic issues concerning the lease of the property were acceptable to the City Manager's Office; that the City Manager's Office expressed agreement to the proposed 20-year lease with the renewal option and the 100 percent amortization of construction costs at a meeting just prior to the revised terms announced at the February 16, 1999, Regular Commission meeting; therefore, the logical conclusion would be the negotiations were proceeding in the right direction; that regardless of the easement problem, the surprise was the change in direction following seven months of negotiations concerning the lease term and rebate of construction costs for no apparent reason; that the Commission has copies of all communication from Cafe Kaldi to the City regarding the ongoing negotiations; that Cafe Kaldi's stance has never changed concerning the RFP accepted by the City. City Attorney Taylor stated that the negotiations with Cafe Kaldi concern the lease which is a written document; that verbalizations are not the most important aspect considered in the contract process; that the misunderstanding is the rhetoric has resulted in a contract, which is not the case; that the City enters a lease agreement through written contracts not as the result of verbal representations; that the written contract is brought to the Commission for approval even after many discussion have taken place; that if desired, a meeting could be held with the attorney for Cafe Kaldi to discuss the lease and after which time a written report and recommendation could be given to the Administration; however, the agenda request contains the two main issues, i.e., length of lease term and amortization of capital improvement costs. Mayor Cardamone agreed; and stated that a meeting should be held with Cafe Kaldi. City Manager Sollenberger stated that Staff disagrees with some of the representations asserted in the detailed, accurate chronology provided by Mr. Keesecker of discussions between Cafe Kaldi and the City; that Gregory Horwedel, Director of Neighborhoods and Redevelopment, attempted to negotiate an agreement along the line of the proposal submitted by Cafe Kaldi; however, the Commission made strong comments regarding the length of the lease term and amortization at the time the agreement with the West End Bar & Grill was presented to the Commission at the February 16, 1999, Regular Commission meeting; that the length of the lease term and amortization also affect the negotiations with Cafe Kaldi; therefore, a change of course resulted in the negotiations with Cafe Kaldi. Charles D. Bailey, Law Firm of Williams, Parker, Harrison, Dietz & Getzen, 200 South Orange Avenue, (34236), and Thomas Roosa, 614 Avenida De Mayo (34242), came before the Commission. Attorney Bailey stated that at the February 16, 1999, Regular Commission meeting a reaffirmation was made of the Commission's desire to couple Cafe Kaldi with the West End Bar & Grill concerning lease negotiations; that the West End Bar & Grill desires to separate the lease negotiations due to the outstanding issues surrounding the lease agreement with Cafe Kaldi; and referred to his letter dated April 5, 1999, to Mr. Horwedel which sets forth a compromise between a five-year and a one-year lease agreement. Attorney Bailey continued that a three-year term is requested due to the large amount of funds expended to comply with the cumbersome RFP process; that the desirability of placing a perimeter around the plaza area of the West End Bar & Grill was raised at the February 16, 1999, Regular Commission meeting; that inexpensive possibilities are being investigated such as bollards and chains which can be removed sO other events can take place, i.e., the Saturday Farmers' Market, etc.; that the utility lines do not present a problem for the West End Bar & Grill; that an abatement would be requested of the City if maintenance would disrupt business for an extended period of time; that the Commission's consideration of the proposal and permission to proceed negotiations with the City Manager's Office is requested; BOOK 46 Page 18216 04/19/99 6:00 P.M. BOOK 46 Page 18217 04/19/99 6:00 P.M. that changes can be made to the terms outlined in his April 5, 1999, letter. Vice Mayor Pillot asked the response of the West End Bar & Grill if the Administration recommends and the Commission approves the issuance of a new RFP? Attorney Bailey stated that the matter has not been discussed; that the reason for reissuing an RFP on the north portion of the Lemon Avenue Mall is questioned; that the utility line issue will limit the City from leasing to someone wishing to use only the surface area without much capital investment; that the scope of a new RFP would resemble closely the current proposed lease term; that the response to a new RFP is unknown but open to dialogue; however, a quick resolution to the lease agreement is desired as the current season is coming to an end. Commissioner Quillin stated that the West End Bar & Grill is concerned about the plaza area which is located directly by the front door of the building; that Attorney Bailey's April 5, 1999, letter does not clearly outline the availability of the plaza area for use of the Farmers' Market and other public events; and asked if the plaza would be open if not in use by the West End Bar & Grill? Attorney Bailey stated yes; and cited his April 5, 1999, letter as follows: 5. The City would be responsible for trash pick-up following any public events e.g., the Farmer's Market, conducted on the premises. City Auditor and Clerk Robinson stated that the time allotted for presentation has expired. Vice Mayor Pillot stated that an extension of time had been granted earlier to Attorney Watrous; and asked the same courtesy be granted to Attorney Bailey. Attorney Bailey stated his presentation was complete. Mayor Cardamone stated that the Commission's original goal was to buy out Mr. Ritz and place a business on the property which would provide table service, a fence and provide some control over the property; that the Commission desired a musical element and a collaboration of the two entities as the two parcels are located next to one another at the Lemon Avenue Mall; that the RFP went far beyond the Commission's vision and request; that the City spent $172,000 to buy out the lease with Mr. Ritz; that in retrospect, a $400,000 building paid for through an amortization schedule and rates was never personally envisioned; that most other leases personally viewed place the responsibility on the leaseholder for any capital improvements on the property; that the capital improvement items are either removed by the leaseholder or allowed to remain with the property at the conclusion of the lease; that the City has an opportunity to realize income from the Lemon Avenue Mall property and provide entertainment for the community especially during the weekend; that the ability to establish short leasing terms with renewal options is desired to eliminate the necessity for buying out a leaseholder if the business does not work. Commissioner Quillin stated that copies of the submitted RFPS were received at the September 21, 1998, Commission Workshop when the RFP respondents presented proposals; that the difference is newly discovered utility lines running under a portion of the property which were not known at the time; that the utility line issue does not affect the West End Bar & Grill as no building over the utility lines is planned; therefore, a lease should be negotiated separately from Cafe Kaldi; that the proposed lease of the patio area is a good idea; that the serving of alcohol should not be included in the lease negotiations; that the patio tables can be allowed consistent with the permitting process of other businesses on Main Street and St. Armands Circle; that the permitting process precludes buying out a lease if an infraction of the permitting process takes place; that additionally, the business inside the restaurant can continue even if a violation occurs on the patio; that the permitting ensures the patio is well kept for the citizens' use. Mayor Cardamone asked if the permitting such as sidewalk dining on St. Armands and Downtown is advocated? Commi ssioner Quillin stated yes; that the City's interests should be protected; that complaints have been heard concerning noise; that actions can be taken if a violation occurs on a permitted use; that buying out leases is a long, tedious and expensive proposition; that review of the records with Ernest Ritz included $29,000 worth of equipment which may or may not be of use to the next leaseholder; that a consensus of the Commission to separate the West End Bar & Grill negotiations from Cafe Kaldi's negotiations is supported. Commissioner Mason stated that separating negotiations for West End Bar & Grill from Cafe Kaldi is a good idea. Mayor Cardamone stated that at the February 16, 1999, Regular Commission meeting, the Commission suggested but did not require, concurrent negotiations with Cafe Kaldi and the West End Bar & Grill; and referred to the April 5, 1999, letter from Attorney Bailey which lists proposed circumstances under which the lease will be subject to termination including the following: BOOK 46 Page 18218 04/19/99 6:00 P.M. BOOK 46 Page 18219 04/19/99 6:00 P.M. a) one conviction for dispensing alcohol to a minor on the lease premises; b) one conviction of the tenant for removal by a patron of an open container dispensed on the leased premises. Mayor Cardamone stated that the recommended circumstances for termination of the lease should remain intact; that combining some of the City's permitted uses with the lease is desirable, if legal; that a year-by-year lease is recommended rather than a three-year lease until the outcome of negotiations on the southern portion of the Lemon Avenue Mall are known; that the music should be kept inside the building; that a longer lease would be supported if all goes well during the first year. Commissioner Hogle agreed. Commissioner Quillin stated that the Commissions* direction is being requested; that the issues should be discussed and a unified position should be determined as the Lemon Avenue Mall is an important part of Downtown. Vice Mayor Pillot stated that the City Manager's final comments and recommendation is requested. City Manager Sollenberger stated that the terms outlined in Attorney Bailey's letter of April 5, 1999, are a positive response to the requests of Staff; that the Administration recommends finalizing the lease agreement accordingly with the addition of any other points the Commission desires; that the permitting issue would be discussed further at the request of the Commission; and stated that Attorney Bailey, who is present in the audience, has indicated his agreement. Mayor Cardamone asked if the Administration recommends a three- year or a one-year lease? City Manager Sollenberger stated that either a three-year lease or a one-year lease is acceptable subject to mutual agreement; that the lease term can also be discussed with the West End Bar & Grill. Commissioner Quillin stated that a three-year lease agreement with a permitted use on a year-to-year basis for the patio area is desired to protect the City. Commissioner Hogle asked the City Attorney's recommendations? City Attorney Taylor stated that the City has often issued permits which are another written form of granting a right; that the same detail as included in a lease is contained which includes ways to revoke if terms or conditions are not met; that a straight lease with the permit option will accomplish the desires of the Commission subject to agreement by the West End Bar & Grill. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to accept the Administration's recommendation to separate the West End Bar & Grill lease from other considerations on the property and to authorize the Administration to enter into negotiations with representatives of West End Bar & Grill to reach mutually agreeable lease terms consistent with policy guidance provided by the Commission. Mayor Cardamone asked if negotiations include items such as requiring the music to remain inside the building? Vice Mayor Pillot stated yes; that the music issue was one of the policy guidance issues mentioned. City Auditor and Clerk Robinson restated the motion as to separate the West End Bar & Grill lease from other considerations on the property and to authorize the Administration to enter negotiations with representatives of the West End Bar & Grill with mutually agreeable lease terms consistent with policy guidance provided by the Commission. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. City Manager Sollenberger stated that the Administration recommends terminating negotiations with Cafe Kaldi and issuing a new RFP. Vice Mayor Pillot stated that Cafe Kaldi was believed the best of the five respondents to the RFP presented at the September 21, 1998, Regular Commission meeting; that Mr. Keesecker and his business operating on Main Street have an admirable record; that the business proposed by Mr. Keesecker appears very positive; that additionally, the City Attorney is requested to invite and arrange for Mr. Keesecker and Attorney Watrous to seek resolution on the remaining points of contention. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to approve the Administration's recommendation to terminate the lease negotiations with Cafe Kaldi and reissue an RFP and to ask the City Manager and City Attorney to invite and arrange to seek resolution on the remaining points of contention with Cafe Kaldi. Vice Mayor Pillot stated that the motion was made reluctantly; however, is believed the best solution in a bad situation; that BOOK 46 Page 18220 04/19/99 6:00 P.M. BOOK 46 Page 18221 04/19/99 6:00 P.M. Attorney Watrous makes two good points: 1) the infrastructure will not be moved, and 2) no other construction will take place on the property located at the south end of the Lemon Avenue Mall; that the Commission should take a new outlook at the subject property and also be mindful a considerable amount of time will be required to obtain quiet title on the 5-foot parcel which the City does not own; that newly acquired data concerning the utility lines also complicates the negotiations; therefore, the respondents to a new RFP which should be issued upon finalization of the settled quiet title, will be aware of all the limitations attached to the infrastructure; that Mr. Keesecker is urged to reconsider and include Cafe Kaldi in the new RFP process. Commissioner Mason stated that telephone calls were received from Mr. Keesecker; that her secretary advised Mr. Keesecker of plans to return the telephone calls when information was received from Administration; however, a return telephone call was not made as the issue was not adequately understood to properly respond; that the original RFP was entered without knowledge of the utility lines; however, no information was intentionally hidden and was promptly divulged when discovered to the representatives of Cafe Kaldi; that a new RFP appears to be the best solution for the City. Commissioner Hogle stated that a new RFP appears the best solution; that the hope is Mr. Keesecker will respond favorably; that Cafe Kaldi is personally patronized and is a favorite among Downtown businesses. Commissioner Quillin stated that the City operated in good faith with all the respondents to the RFP; that the concern is the length of time of the negotiations; that the existence of utility lines and the issue of quiet title to the 5-foot parcel which the City does not own are both newly acquired data which hindered negotiations; that a new RFP should be processed in a timely manner; that Cafe Kaldi's presence on the Lemon Avenue Mall is personally favored; that the Administration should keep trying to find a way negotiate with Cafe Kaldi; that the hope is a good will effort will be extended to an admirable businessman; that no one should have to experience what Mr. Keesecker has undergone in attempting business with the City; that negotiations should continue with Cafe Kaldi; however, the Commission should be advised of the plans to reissue the RFP if negotiations fail. Mayor Cardamone called for a vote on the motion as to approve the Administration's recommendation to terminate the lease negotiations with Cafe Kaldi and reissue an RFP and to ask the City Manager and City Attorney to invite and arrange to seek resolution on the remaining points of contention with Cafe Kaldi. Motion carried (4 to 1): Hogle, yes; Mason, yes; Pillot, yes; Quillin, no; Cardamone, yes. City Attorney Taylor stated that Commission authorization is requested to file a quiet title suit in the name of the City. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to authorize the City Attorney to file an action to quiet title in the name of the City. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 9. UNFINISHED BUSINESS: APPROVAL RE: FUNDING OF THE TACTILE SIGN FOR SELBY LIBRARY - APPROVED FUNDING NOT TO EXCEED $2,000 (AGENDA ITEM VII-2) #2 (1003) through (1158) City Manager Sollenberger stated that additional information was requested at the February 16, 1999, Regular Commission meeting concerning the Tactile Sign for the new Selby Public Library. Duane Mountain, Deputy Director of Public Works, and Pamela Dorwarth, Chairman, Citizens with Disabilities Advisory Board, came before the Commission. Ms. Dorwarth stated that the correct reference is to a "map" rather than a "sign"; that the concept was developed with Cynthia Hamrick, Orientation and Mobility Teacher/VI, Sarasota County, a teacher of the blind, and prepared by the Scott Sign Company, to comply with Americans with Disabilities Act (ADA) regulations on lettering for the blind; that the sign is large and detailed to accommodate sighted persons as well as persons with vision impairment and the blind. Mr. Mountain displayed an actual-sized drawing of the tactile map for viewing by the Commission and the audience. Ms. Dorwarth stated that she spoke with Steve Hepfer, Project Administrator, Public Works Business Center, Sarasota County; that the County will fund one-half the cost of the tactile sign; that the Citizens with Disabilities Advisory Board requests the Commission's authorization for funding. Vice Mayor Pillot asked if the $2,000 provides adequate funding? Ms. Dorwarth stated yes; that the amount of $2,000 will not be exceeded. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve the Administration's recommendation for funding, not to exceed $2,000, for the tactile sign for the new Selby Public Library: BOOK 46 Page 18222 04/19/99 6:00 P.M. BOOK 46 Page 18223 04/19/99 6:00 P.M. Vice Mayor Pillot stated that Ms. Dorwarth does an excellent job of providing leadership both to citizens with disabilities and to the community; that her efforts and positive outlook are appreciated. Ms. Dorwarth distributed business cards for the Commissioners to distribute to businesses to assist businesses in the City with being compliant with the ADA. Mayor Cardamone called for a vote on the motion to approve the Administration's recommendation for funding, not to exceed $2,000, for the tactile sign for the new Selby Public Motion Library. carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. The Commission recessed at 8:06 p.m. and reconvened at 8:17 p.m. 10. NEW BUSINESS: DISCUSSION RE: LIDO BEACH WHITE SAND ISSUE - AUTHORIZED THE ADMINISTRATION TO DEVELOP SCOPE OF WORK TO ANALYZE THE POSSIBILITY OF PLACING A LAYER OF WHITE SAND ON TOP OF INTERIM LIDO RESTORATION PROJECT AND TO APPROACH THE TOWN OF LONGBOAT KEY FOR THE POTENTIAL OF A JOINT WHITE SAND SEARCH; APPROVED TO COOPERATE WITH STAFF IN EXPEDITING SECURING A SOURCE OF SAND, OBTAINING THE NECESSARY FUNDING AND PROCURING THE REQUIRED PERMITS (AGENDA ITEM VIII-1) #2 (1510) through #3 (0535) Dennis Daughters, Director of Engineering/City Engineer, John Kirker, Sr., and Shelly Lederman, representing the South Lido Coalition and Richard Spadoni, Vice President, Coastal Planning and Engineering, Inc., (CPE) came before the Commission. Mr. Daughters gave a computer-generated slide presentation entitled "Lido White Sand Issue" and stated that the US Army Corps of Engineers (USACE) completed the New Pass Maintenance Dredging Project, placing 163,000 cubic yards of sand on mid-Lido Key in September 1997; that the City completed a beach nourishment project with 25 percent funding from a State grant which placed 285,000 cubic yards of sand on mid-Lido Key in May 1998; that the latter sand, obtained from about 6 miles offshore, is gray and did not bleach as much as desired; that severe erosion of Lido Key beaches has occurred in the last few years; that an example of the severe erosion is the L'Elegance Condominium which lost almost all of a relatively new sand dune; that the proposed Interim Lido Restoration Project boundaries would extend from the Suntide Resort to the southern tip of Lido Key; that the restoration requires 350,000 cubic yards of gray, coarse sand; that construction could take place during the fall and winter of 1999; that Sarasota County authorized $304,000 of Tourist Development Tax (TDT) funds for engineering; that a State grant is pending for fiscal year (FY) 1998/99 in the amount of $178,000 and $2,461,000 for FY 1999/2000; that the City approved the Sixth Amendment to Agreement for Engineering Services with CPE on March 18, 1998; that on January 4, 1999, the Commission denied a request to study the possibility of procurement of light-colored sand from the shoal at the south end of Lido Key; that an offshore sand source exists approximately 8 miles west of Lido Key under 35 feet of water; however, the sand is gray in color; that a possible solution for the Interim Lido Restoration Project could be to place a base of ofishore gray sand on the beach as a foundation and position a one-foot-deep layer of white sand over the gray sand base as a top coat; that the project could include mid-Lido Key beaches; that a possible source of sand could be New Pass or inland sand mines; that the work could be phased in over two separate years; that cooperation with the Town of Longboat Key is possible with the Interim Lido Restoration Project; that the Town of Longboat Key is investigating white sand options which include placing a layer of white sand over course gray sand; that another option under consideration is funding a geotechnical investigation for white sand sources and constructing an entire white sand beach; that a possibility exists of joining the Town of Longboat Key in the search efforts as CPE is also the consulting firm to the Town of Longboat Key. Mr. Spadoni stated that initially the use of white sand was not an option due to grain size of the white sand found in the greater Sarasota area; that the white sand deposits along the southwest coast of Florida are usually of a very fine diameter between 0.18 to 0.2 millimeters (mm) ; however, offshore white sand deposits have been found with a diameter of slightly over 0.3 mm; that white sand is delivered into suspension by wave action and is swept away faster than larger diameter offshore gray sand; that in 1992 the Town of Longboat Key completed a beach restoration project using fine white grain sand; that concurrently Anna Maria Island completed a beach restoration project using heavier grain sand which was off white in color; that in March 1993 a strong storm removed most of the beach sand on Longboat Key; however, Anna Marie Island weathered the storm with minimal beach sand erosion; that sand grain size was an important factor in storm- related erosion of the beaches at the two Keys; that a possible source of white sand is the shoal located at the south end of Lido Key; that no other large areas of white grain sand are known to exist near Lido Key; that the issues for consideration before the Commission are: 1. Volume: The volume of white sand required for the proposed project is 50,000 cubic yards from the total 350,000 cubic yards of sand necessary to nourish the beaches; gray sand will be harvested using a hopper dredging process which is the only feasible way to mine offshore gray sand. BOOK 46 Page 18224 04/19/99 6:00 P.M. BOOK 46 Page 18225 04/19/99 6:00 P.M. 2. Cost: The project cost will increase as the sand is located 8 miles offshore. The limitations of a hopper dredge's draft dictates the use of a second shallow draft dredge for any near shore dredging work required such as a transfer of deep water sand to the beach or removal of white sand from a near shore location. 3. Engineering: Additional engineering considerations are involved with adding white sand to a base layer of gray sand. Deposits of white sand exist at New Pass, and a geotechnical study should be conducted to locate the exact position of any available white sand offshore. Another possibility is to search inland areas for white sand sources. 4. State Funding: Obtaining State funding requires presentation of geotechnical studies on white sand locations, and necessary permits require technical information be presented to the State before the required permits are issued. The permits are more complicated as two sand sources are involved in the search. An easement is required for the New Pass sand bar area as the sand is located on underwater State land. The plans and specifications will be more complicated than a single source search. The length of the construction project will be increased due to the double layer of sand and the redressing of the beach for both the contractor and the construction inspection. The State has a dedicated funding source and will receive $30 million for beach nourishment next year. Requests for funds do not cover the entire $30 million at this time, and the balance of non-requested funds will be available at the State level. 5. Beach Longevity: The concerns are white sand tends to erode faster than gray sand, and placing a white sand layer on top of a gray sand layer has not been undertaken before. A storm could create damaging wave and tide movements across the top layer of the nourished beach sand which could erode the white sand top layer and deposit the white sand in near shore areas of Lido Key. The longevity of the nourishment project under discussion is directly related to the grain size used for the top layer of sand on the beaches. 6. Sand Source: Sand sources exist from two potential sources: the shoal at New Pass and inland mines. Moving inland source sand may be difficult due to the enormous number of dump trucks required to carry the sand. The time required to carry the sand to the beach from an inland source will be extensive. The City will suffer some infrastructure degradation due to the number of dump trucks traversing City roads; and the impact and effect will be felt by both the businesses and residents of St. Armands Circle. Loading the sand onto a barge is an alternative approach with the barged sand taken and placed on the beaches either at the north or south end of Lido Key. The barge may work from either the channel at New Pass or the channel at Big Sarasota Pass; however, lack of knowledge about the current depth of either pass makes the feasibility of using the channels uncertain. The sand will be handled twice increasing the cost of the project if the barge method is employed. The sand will require distribution by front-end loaders once placed on Lido Key. 7. Complete mid-Lido Key Project: The City may wish to consider placing a white sand layer over the previously constructed mid-Lido Key Project at the same time as the south end of Lido Key is nourished which will create a consistent appearance for the entire Lido Key beaches. The volume of white sand required would approximately double from 50,000 to 100,000 cubic yards to cover the mid-Lido Key Project with a layer of white sand one foot deep. 8. Beach Tilling: The Florida Department of Environmental Protection (FDEP) will require tilling of the restored beach on an annual basis. The tilling process theoretically improves beaches for sea turtle nesting and the tilling involves a heavy rake with 36- to 40-inch tines mounted on a bulldozer extended downward into the sand and plowed across a beach. The result of tilling the beach sand is stirring and mixing of the two different layers of sand, sO the beach will probably have gray streaks until complete mixing of the surface sand occurs. Commissioner Hogle asked if the grain size from inland sand sources yields the same small size grains of sand as the sand from the Gulf of Mexico? Mr. Spadoni stated that a inland source may yield a white sand with a larger grain size; that the longevity of the beach will increase if a larger grain sand source is used, provided the discovered white sand source has a sufficient quantity for the project. Commissioner Mason asked if the likelihood of obtaining State funding is improved if the City collaborates with the Town of Longboat Key for a white sand search? Mr. Spadoni stated yes; that the cost for a white sand search will be less as the research equipment will already be in place in the Gulf of Mexico; that the Town of Longboat Key has not contracted for an offshore white sand search yet; that currently research is BOOK 46 Page 18226 04/19/99 6:00 P.M. BOOK 46 Page 18227 04/19/99 6:00 P.M. being conducted to determine if a search for white sand is cost effective; that a white sand search for Manatee County is almost complete; that white sand deposits have been found offshore at the north end of Manatee County; that the deposits found are being analyzed; that the preliminary results indicate the sand is higher in shell content and heavier in weight than sand normally found; that the information may provide the impetus for the Town of Longboat Key to proceed with a study to search for other sources of heavier grain white sand. Vice Mayor Pillot stated that the traveling of dozens of dump trucks through St. Armands Circle is opposed; therefore, using an inland white sand source should be eliminated from the options before the Commission; that the double handling of the inland white sand is impractical and asked if the City should eliminate the option for a inland white sand search? Mr. Spadoni stated that the City may wish to consider an inland sand source as the longevity of the beaches will be increased if a larger and heavier grain white sand deposit is found inland; that several years of additional white sand beach life will make the financial investment more cost effective; therefore, an answer to the question is not possible at this time. Vice Mayor Pillot stated that the City could reconsider the use of the shoal at the south end of Lido Key; that the first time the idea was presented no support was forthcoming from the Commission; that the new Commission should reconsider the use of the shoal sand. Commissioner Quillin asked if a regular dredging schedule exists for the passes? Mr. Spadoni stated no; that the Federal government is considering cut backs on navigation funding; that a dredging schedule for passes and inlets which may be removed entirely from the US Army Corps of Engineers (USAÇE) dredging program is unknown. Commissioner Quillin stated that one pass is almost blocked; that the sand probably came from the eroded beaches of Longboat Key; that sand is not being deposited on Lido Key beaches as in the past; and asked if the Town of Longboat Key and the City of Sarasota could cooperate in a search for sand to nourish each others beaches? Mr. Spadoni stated that the Town of Longboat Key is probably going to look offshore for a source of white sand rather than in the shallow passes of Sarasota Bay; that after many searches in the past, white sand appears not to exist any further offshore than one mile west of the shoreline. Commissioner Quillin stated that gray sand is referenced as deep water sand; that deep water sand does not have the shell content found on a white sand beach; that each barrier island has a distinct identity based on the type of sand on the beaches; that deep water sand should be considered as a foundation for beaches in order to keep the sand from washing away every time a storm arrives; that finding lighter color sand would be great; that a more important concern is infrastructure; that the heavy deep water sand will assist in the preservation of infrastructure; that a search for and use of white sand will not be supported unless accomplished economically. Mr. Spadoni stated that the summary of issues for consideration are: cooperate with the Town of Longboat Key placing a white sand layer over gray sand may be feasible construction and engineering costs will increase and additional field work will be required - the project schedule will lengthen to accommodate additional work white sand, with a fine grain size will erode more quickly white sand could be considered for a layer over the mid- Lido Key Project. Mr. Daughters stated that the funding and permitting aspects of the project are as follows: 1. The City may consider approaching the FDEP to increase City's funding request for the project. 2. Additional State funding most probably will not be available in FY 1999/2000. 3. The Project will require additional local share funding; and at this time, the local share of funding does not exist. 4. The City should consider approaching the FDEP to discuss permitting concerns. Mr. Kirker stated that a dangerous condition exists on South Lido Key; that the residents at the south end of Lido beach hope a disaster does not strike; that the condominium complex at 1900 Benjamin Franklin Drive is in serious condition with a seawall collapse and two sink holes on the property; that repair permits have been requested; that the permitting process moves slowly; that sand erosion has created numerous dangerous conditions to residential and commercial property on Lido Key; that no major storms have damaged Lido Key this winter; that the South Lido Coalition is aware the Commission supports the restoration of sand BOOK 46 Page 18228 04/19/99 6:00 P.M. BOOK 46 Page 18229 04/19/99 6:00 P.M. to the beaches; that the South Lido Coalition hopes the City does everything possible to remedy the situation. Mr. Lederman stated that he has been a resident of Sarasota for 16 years and has been the general manager of the Half Moon Beach Club for the same length of time, and has served on Tourist Development Council (TDC) for nine years; that while a member of the TDC, both the City of Sarasota and Sarasota County were promoted strongly and with integrity; that the Sarasota Convention and Visitor's Bureau has deleted the reference to "white sandy beaches" from descriptions of Sarasota County; that the Sarasota Convention and Visitor's Bureau $1 million promotional campaign will still include sandy beaches; however, the word "white" will be removed from the descriptive phase "white sandy beaches"; that the Half Moon Beach Club is marketed all over the world to potential customers who assume the shoreline is a beautiful, white sandy beach; that the beautiful white sand beaches are gone; that the ten-foot beach at the Half Moon Beach Club had a four-foot ledge created along the length of the beach due to erosion; that the cliff was dangerous and was raked down sO quests would not suffer an injury from a fall from the top of the four-foot ledge. Mr. Lederman submitted for Commission viewing various photographs showing an overhead view of the sand deposits in New Pass and Big Sarasota Pass. Mayor Cardamone asked the date of the photographs. Mr. Lederman stated that the photographs were taken less than one week ago; that the danger to the real property is a tangible effect; that the other danger is economic loss; that many registrations forms from the Half Moon Beach Club clearly indicate guests are not staying on Lido Key due to the beach conditions; that the residents and businesses of Lido Key require the City's assistance; that a study is required for the use of Big Sarasota Pass as a viable source of white sand; that swift action is required to halt the erosion; that at best the process is slow and assistance is required; that daily high tides and winds have caused serious erosion over the past six to eight weeks; that the community and Lido Key will suffer economically if the erosion is allowed to continue; that considerable investments exist on Lido Key and continued investments are likely; therefore, the City should protect the investments. Mr. Kirker stated that the South Lido Coalition is on record as supporting a regional approach to beach nourishment; that governmental cooperation on a regional basis would save money; that the South Lido Coalition believes enough sand exists in Big Sarasota Pass to replenish all of Lido Key. Mr. Spadoni stated that the shoal at Big Sarasota Pass at the south end of Lido Key is rated as one of the largest shoals found anywhere in the Gulf of Mexico; that enough sand exists in Big Sarasota Pass to do the entire project. Mayor Cardamone asked the consequences of dredging Big Sarasota Pass? Mr. Spadoni stated that an answer is not known; that depending on which side of the sand bar and the amount of sand removed from Big Sarasota Pass the effect could influence at the very least the navigation channel in Sarasota Bay including Big Sarasota Pass and the beaches on Lido Key. Mayor Cardamone stated that the concern is a lack of understanding of the consequences if sand is removed from Big Sarasota Pass. Commissioner Quillin stated that a large sand bar previously existed in the near shore area off Lido Key; that the sand bar was dredged at some point in the past; that the purpose for the sand bar's existence only became apparent over time after the sand bar was dredged; that in retrospect the purpose of the sand bar was to protect Lido Key beaches from erosion; that the concern is the City requires documentation or a study dealing with the shifting of sand; that beach erosion problems in New Jersey are similar to the problems in Sarasota; that barrier islands were never not meant for construction of dwellings; that sand shifts and will always shift; that the protection of the infrastructure is the major concern; that removing sand from a shoal is a major concern; that throwing sand onto the beach is not an answer; that the public beach on Lido Key has been as busy this year as last year with gray sand in place; that building a good foundation should be considered; that the heavy gray sand is a good foundation for beach nourishment; that the problem is a regional one; that the beach up to and past Pinellas County is part of the problem; that a study of the movement of sand should be conducted. Mr. Daughters stated that CPE is the consultant for some of the areas in New Jersey; that a study for taking white sand from shoal areas must be generated by someone; that the study will probably not be undertaken if the City does not generate the study. Mr. Daughters stated that in conclusion: 1. Current sand sources are offshore and gray in color 2. Some members of the public dislike gray sand 3. It is feasible to place a white sand layer over gray sand Mr. Daughters stated that Staff recommends: BOOK 46 Page 18230 04/19/99 6:00 P.M. BOOK 46 Page 18231 04/19/99 6:00 P.M. 1. Authorizing the Administration to develop a scope of work to analyze the possibility of placing a layer of white sand on top of the Interim Lido Restoration Project, and 2. Authorizing the Administration to approach the Town of Longboat Key for the potential of a joint white sand search. Mr. Leiderman stated that TDC revenue is down $82,000 sO far in 1999; that the decline is attributed to beach erosion on Lido Key; that a study to acquire white sand is necessary and owed to the residents of Lido Key. Mayor Cardamone stated that working with the Town of Longboat Key is desirable; that the effects of the recent extension of the sand groin placed at Sands Point on Longboat Key should be discussed; that the Sands Point groin probably captures sand which use to flow onto Lido Key; that the fact the groin was recently extended may have had an effect on the flow of sand; that the build of sand will be a cause to seek the removal of the groin by the up Town of Longboat Key. Mr. Spadoni stated that the groin was extended only a few feet. Mayor Cardamone stated that a discussion with the Town of Longboat Key is desired regarding the removal of the groin if the placement has hindered the flow of sand south; that people should never have been allowed to build on the beach side of the Benjamin Franklin Drive; that any and all sand beaches shift and change with time as a result of winds, tides, currents and wave actions; that the Commission is obligated to protect the structures already erected; that the appearance of the sand is not as important as protection of property; that no guarantee exists as to effect of the removal of sand from Big Sarasota Pass; that anyone who builds on a barrier beach runs the risk of loosing the investment; that saving structures already in existence is supported but not at an extreme cost to the community; and asked if any funding contribution Moon Blue Beach Club have been made to studies and/or nourishment by projects; and if the City has ever spoken with the South Lido Coalition about the use of public/private funding for beach nourishment? Mr. Lederman stated that a contribution may be possible. Mayor Cardamone stated that the City might consider a funding package similar to the joint private/public package created by the Town of Longboat Key. Mr. Lederman stated that TDC funds already exist. Mayor Cardamone stated that TDC funds fall far short of covering the cost of beach nourishment. Mr. Kirker stated that a safety problem also exists; that the darker water makes seeing stingrays difficult; that the stingray problem will continue as long as black sand exists. Commissioner Hogle stated that the Sarasota County Coastal Advisory Board has been speaking with other counties about the problems of the beach erosion; that a study of Big Sarasota Pass is not supported; that the possible effects of dredging sand from Big Sarasota Pass are not known; that a study of a regional solution is supported, and should include the shoreline from Tampa to Naples, should include all passes and shoals, and should address the effect of sand removal from passes and shoals; that the concept of a study is supported; however, to acquire white sand from Big Sarasota Pass is not supported at this time. Mr. Kirker stated that a study is the requested action. Mayor Cardamone stated that studies are fine; however, no one can say for certain what the effect of sand removal from Big Sarasota Pass will produce; and asked what will be the possible effect? Mr. Spadoni stated that a definitive answer cannot be given. Commissioner Quillin stated that a study for a search of the proper type of sand is supported; that heavier sand which will assist in the preservation of existing infrastructure is preferred; that an expeditious solution is supported; that the sand on Lido Key beaches appears gray not black; that beach longevity will be greater with gray sand than with lighter sand; that a study which explains the movement of sand is necessary; that the Commission should scrutinize solutions employed by other municipal governments dealing with beach erosion. Mr. Daughters stated that the scope of the study is to examine if justification exists to place a layer of white sand on Lido Key; that a reasonable search study will not be expensive. Mayor Cardamone asked if Staff would report to the Commission with the projected cost of a study? Mr. Daughters stated yes. Mayor Cardamone stated that the West Coast Inland Navigation District (WCIND) is investigating the dredging and regional cooperation issues including the problems specific to the City of Sarasota and Sarasota County; that the information was forthcoming from County Commissioner Nora Patterson who is Sarasota County's representative to WCIND; that the City should not duplicate research studies; that continued contact with Commissioner BOOK 46 Page 18232 04/19/99 6:00 P.M. BOOK 46 Page 18233 04/19/99 6:00 P.M. Patterson and WCIND, Commissioner Hogle and the Sarasota County Coastal Advisory Board is advised, as funding may be available from the Boards; that research the City does will assist the citizens of Florida's entire southwest coast. Mr. Spadoni stated that the Town of Longboat Key is considering a study; that the City could partner with the Town of Longboat Key. On motion of Vice Mayor Pillot and second of Commissioner Hogle it was moved to: 1. Authorize the Administration to develop a scope of work with Coastal Planning and Engineering, Inc., to analyze the possibility of placing a layer of white sand on top of the Interim Lido Restoration Project. 2. Authorize the Administration to approach the Town of Longboat Key for the potential of a joint white sand search study. 3. Cooperate with Staff in expediting securing a source of sand, obtaining the necessary funding and getting the required permits. Motion carried unanimously (5 to 0): : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 11. NEW BUSINESS: RE: REQUEST BY MR. JOHN COOK TO PROCEED IMMEDIATELY WITH THE PROPOSED AMENDMENT TO THE SARASOTA CITY PLAN, 1998 EDITION, FILED ON BEHALF OF SENIOR FRIENDSHIP CENTERS, INC. WITHDRAWN (AGENDA ITEM NO. VIII-2) #3 (0580) through (0790) City Manager Sollenberger stated that the request was to expedite the processing of an amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, with respect to the property the City leases to the Senior Friendship Centers, Inc., at Lukewood Park; that any disagreements between the Planning Department and Senior Friendship Centers, Inc., have been resolved. John Cook, Law Firm of Dent & Cook, P.A., representing the Senior Friendship Centers, Inc., and Robert Carter, Chief Executive Officer, Friendship Centers, Inc., came before the Commission. Attorney Cook stated that the intent of the proposed acceleration of consideration of the proposed amendment to the City's Comprehensive Plan was not to stop all other proposed amendments until the year 2000; that the Senior Friendship Center, Inc. understands the timing of the review of proposed amendments will be revised; that the annual review cycle of amendments to the City's Comprehensive Plan should continue as usual; that he understands the requested acceleration could cause difficulties for the Commission with others who may seek exceptions to the City's Comprehensive Plan; that the request is withdrawn in the interest of everyone involved. Mike Taylor, Deputy Director of Planning and Development, came before the Commission and stated that a schedule will be presented- to the Commission on May 3, 1999, to permit time for proper public notice to anyone interested in amending the City's Comprehensive Plan; that the schedule will allow amendments to proceed as early as the end of May 1999; that the Commission may vote to approve the schedule by resolution which will be presented at the May 3, 1999, Regular Commission meeting; that the proposed schedule is consistent with the existing ordinance allowing the Comprehensive Plan to be amended once year; that the procedure has been the City's policy for over 10 years. 12. NEW BUSINESS: APPROVAL RE: REQUEST TO SCHEDULE AN ATTORNEY- CLIENT SESSION IN ACCORDANCE WITH SECTION 286.011 (8), FLORIDA STATUTES (1997), REGARDING PENDING LITIGATION WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) CONCERNING THE RINGLING CAUSEWAY BRIDGE REPLACEMENT TO DISCUSS SETTLEMENT NEGOTIATIONS AND STRATEGY RELATING TO LITIGATION EXPENDITURES = APPROVED (AGENDA ITEM NO. VIII-3) # 3 (0790) through (0883) City Attorney Taylor stated that the Commission is requested to schedule an attorney-client session concerning the Ringling Causeway Bridge replacement litigation to discuss settlement negotiations and strategy relating to litigation expenditures; that the time and date should be selected tonight. Vice Mayor Pillot asked if adequate notice can be provided? City Auditor and Clerk Robinson stated that reasonable and adequate notice must be provided. City Attorney Taylor stated that establishing and announcing the meeting time tonight provides adequate timely public notice; that the meeting could be held on Wednesday April 21, 1999, at 8 a.m. at City Hall; that the only people allowed by law to attend the attorney-client session are the members of the City Commission, the City Manager, the City Attorney, Special Legal Council David Levin, and a certified court reporter. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to schedule an attorney-client meeting on Wednesday April 21, 1999, at 8 a.m. at City Hall to discuss the Ringling Causeway Bridge replacement litigation settlement negotiations and strategy relating to litigation expenditures. Motion carried BOOK 46 Page 18234 04/19/99 6:00 P.M. BOOK 46 Page 18235 04/19/99 6:00 P.M. unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 13. APPOINTMENT RE: BOARD OF RULES AND APPEALS - REAPPOINTED STEVEN LEE, CHARLES RIEDINGER, MICHAEL WALKER AND APPOINTED STEPHEN WILBUR (AGENDA ITEM NO IX-1) #3 (0890) through (0940) Mayor Cardamone stated that the terms of the seats on the Board of Rules and Appeals held by Brain Stirling, Licensed Engineer, Michael Walker, Licensed General or Building Contractor, Steve Lee, Licensed Fire Sprinkler Contractor and Charles Riedinger, Licensed Mechanical Contractor have expired; that Mr. Stirling has served two full terms and therefore is not eligible for reappointment; that Messrs. Walker, Lèe and Reidinger are eligible for reappointment and have expressed interest in serving again. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to reappoint Messrs. Walker, Riedinger and Lee to the Board of Rules and Appeals. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone stated that the seat for a Licensed Engineer occupied by Mr. Sterling is now vacant. Vice Mayor Pillot stated that only one person has applied for the vacant seat; that the applicant is not a City resident; however, the applicant has excellent qualifications and operates a business within the City. Vice Mayor Pillot nominated Stephen Wilbur to seat designated for a Licensed Engineer to the Board of Rules and Appeals. Mayor Cardamone stated that hearing no other nominations, Mr. Wilber is appointed to the Board of Rules and Appeals. 14. APPOINTMENT RE: CITY COMMISSION REPRESENTATION ON BOARDS AND COMMITTEES - APPOINTMENTS MADE (AGENDA ITEM NO. IX-2) #3 (0920) through (1180) Mayor Cardamone stated that the Commission has representation on the following boards to which assignment is necessary; that hearing the Commission's agreement, assignments are as follows: Metropolitan Planning Organization (MPO) Commissioner Hogle and Commissioner Quillin; Mayor Cardamone, alternate Sarasota Bay National Estuary Policy Committee Mayor Cardamone Tourist Development Council Vice Mayor Pillot; Commissioner Mason, alternate Economic Development Board Mayor Cardamone; Commissioner Quillin, alternate Children and Youth Services Advisory Council Commissioner Mason; Commissioner Quillin, alternate Sarasota Community Action Agency Board Commissioner Mason; Commissioner Quillin, alternate Sarasota County Coastal Advisory Committee Commissioner Hogle Manasota League of Cities Commissioner Hogle Council of Governments Mayor Cardamone; Vice Mayor Pillot, alternate 15. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - APPOINTED COMMISSIONER HOGLE TO SERVE AS THE LIAISON BETWEEN THE COMMISSION AND THE CITY'S PENSION BOARDS APPOINTED COMMISSIONER MASON TO SERVE AS THE LIAISON BETWEEN THE COMMISSION AND THE SARASOTA HOUSING AUTHORITY BOARD; SCHEDULED AN INFORMAL COMMISSION MEETING FOR MAY 3, 1999, AT 2 P.M. IN THE CONFERENCE ROOM AT SELBY PUBLIC LIBRARY (AGENDA ITEM X) #3 (1328) through (1565) COMMISSIONER HOGLE: : A. referred to the Commission Information Memorandum dated April 12, 1999, concerning the Sarasota Mobile Home Park as follows: The plan for the pre-1994 Mobile Home Park residents will be evaluated by Staff and the evaluation will be discussed with the Commission during the budget review sessions. The Deputy City Manager has authorized waiver of fees to Habitat For Humanity for the Mobile Home Park Auditorium for a meeting on Saturday, May 15, 1999 to work with park residents who may be interested in qualifying for a Habitat house. Commissioner Hogle stated that collaboration between Habitat for Humanity and the City Manager's Office is supported. B. stated that the Commission should schedule a discussion concerning regulation of vehicles in front yards. BOOK 46 Page 18236 04/19/99 6:00 P.M. BOOK 46 Page 18237 04/19/99 6:00 P.M. C. referred to the Commission Information Memorandum dated April 12, 1999, concerning the dock construction project in Hudson Bayou at Central Park: The Engineering Department advises that the engineering consultant for this project has found a site for the proposed dock. The location will provide the required depth for fishing or docking, but will not require a variance. Engineering is awaiting approval from the Florida Department of Environmental Protection on the site. After that has been received, Engineering will schedule a site meeting with Building, Zoning and Code Enforcement Director Tim Litchet. If he agrees the proposed location is acceptable, the proposal will be brought to the City Commission. Commissioner Hogle stated that construction of the dock is supported; that construction of the dock should move forward. D. stated that on a volunteer basis and with a background of 13 years of service on the City's Pension Boards, a request is made to be the liaison between the Commission and the City's Pension Boards. Mayor Cardamone stated that there is Commission consensus for Commissioner Hogle to serve as the liaison between the Commission and the City's Pension Boards. COMMISSIONER MASON: A. stated that the Bicycle Rodeo held on April 17, 1999, attracted 75 to 100 participants despite the rain; that the event was quite remarkable and included an obstacle course; that all the children had helmets; that Commissioner Quillin made sure that each child had a name on their helmet; that a request to hold the event again in the northern part of the City has already been discussed; that Tina Riggle of the Gillespie Park area requested having a Bicycle Rodeo. B. stated that on a volunteer basis a request is made to be the liaison between the City Commission and the Sarasota Housing Authority Board. Mayor Cardamone stated that there is Commission consensus for Commissioner Mason to serve as the liaison between the Sarasota Housing Authority Board and the City Commission. C. stated that a status report on the projects in the City involving urban agriculture (Urbanculture) is requested. City Manager Sollenberger stated that a report will be prepared and submitted to the Commission. MAYOR CARDAMONE: A. stated that scheduling an informal Commission meeting on the first Monday of the month would provide an opportunity for the Commissioners to communicate and discuss ideas; that the Commission could develop a more acute ability to assure meetings are kept on schedule; that the informal meetings will hopefully develop comradery on the Commission; that if agreeable, the first meeting could be scheduled for May 3, 1999, at 2 p.m. in the conference room at the Selby Public Library; that the informal meetings should continue to the end of the summer; that the meetings are not mandatory for the City Manager or the City Attorney. Mayor Cardamone stated that hearing the Commission's agreement, an informal meeting will be scheduled for May 3, 1999, at 2 p.m. in the conference room at Selby Public Library. 16. ADJOURN (AGENDA ITEM XII) #3 (1575) There being no further business, Mayor Cardamone adjourned the Regular meeting of April 19, 1999, at 9:53 p.m. hlicc MOLLIE C. CARDAMONE, MAYOR OT4, EST BLLE Rolinoan TI Y EUROBINSON, CITY AUDITOR AND CLERK s a BOOK 46 Page 18238 04/19/99 6:00 P.M.