BOOK 42 Page 15589 12/01/97 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 1, 1997, AT 6:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Jerome Dupree, Commissioners Mollie Cardamone, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Gene Pillot 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: EMPLOYEE OF THE MONTH, NOVEMBER 1997, GEORGE S. MCLEOD, FACILITY TECHNICIAN, VAN WEZEL PERFORMING ARTS HALL #1 (0052) through (0175) City Manager Sollenberger requested that William Mitchell, Executive Director, and George McLeod, Facility Technician, Van Wezel Performing Arts Hall (VWPAH), join him before the Commission. Mr. Mitchell stated that George McLeod has been employed with the City of Sarasota for 14 years, of which 11 years has been spent improving and maintaining the level of safety at VWPAH for both Staff and patrons; that Mr. McLeod's efforts in maintaining the appearance of the building and interior amenities help preserve the perception of the City of Sarasota as a fine arts community; that Mr. McLeod has contributed towards the City's goal to achieve economic vitality through healthy businesses and quality job opportunities by paying particular attention to detail and addressing the needs of performers prior to their arrival; that Mr. McLeod's ceaseless and dedicated worth ethic exemplifies an employee who serves with Excellence and Pride. Mayor Pillot presented Mr. McLeod with a City-logo watch, a plaque, and a certificate as the November 1997 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. McLeod recognized his wife, Shirley, and VWPAH Staff members, Chris Brzoza, Heidi Hancock, and Zdzidlaw Stadniczenko, who were present in the audience. 2. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 17, 1997 = APPROVED (AGENDA ITEM I) #1 (0175) through (0185) Mayor Pillot asked if the Commission had any changes to the minutes. Mayor Pillot stated that hearing no changes, the minutes of the regular city Commission meeting of November 17, 1997, are approved by unanimous consent. 3. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF NOVEMBER 5, 1997 - RECEIVED: AFFIRMED PBLP APPROVAL OF 97-SE-16 (AGENDA ITEM II-1) #1 (0185) through (0407) Jane Robinson, Director of Planning and Development, and Robert Lindsay, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Mr. Lindsay presented the following items from the Planning Board/Local Planning Agency's regular meeting of November 5, 1997: A. Petition Nos. 97-SE-16 and 97-PSD-25 Mr. Lindsay stated that Petition No. 97-SE-16 is a special request to permit an ambulatory surgical center use in an Office, Professional and Business (OPB) Zone District on property located at 2255 South Tamiami Trail; that a single-story medical facility exists on site; that Petition No. 97-PSD-25 is the accompanying Preliminary Site and Development Plan to permit the remodeling and a second story addition to the existing structure; that the PBLP found Petition No. 97-SE-16 consistent with the Sarasota City Plan and recommends Commission affirmation of the PBLP resolution approving the special exception request. Mr. Lindsay continued that the City requires construction of sidewalks in conjunction with new development; that the petitioner questioned the availability of an administrative waiver since the City does not have plans to construct sidewalks to the east of the subject site. Commissioner Patterson asked if the PBLP is recommending the waiver be granted? Mr. Lindsay stated no. Commissioner Patterson stated that the petitioner will be required to construct the sidewalk if the Commission affirms the PBLP's resolution. City Manager Sollenberger stated that is correct. On motion of Commissioner Patterson and second of Vice Mayor Dupree, it was moved to affirm the PBLP's resolution approving BOOK 42 Page 15590 12/01/97 6:00 P.M. BOOK 42 Page 15591 12/01/97 6:00 P.M. Special Exception Petition No. 97-SE-16. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. B. Ordinance No. 97-4019 Noise Regulations Mr. Lindsay stated that the PBLP found proposed Ordinance No. 97-4019 consistent with the Sarasota City Plan. City Attorney Taylor stated that proposed Ordinance No. 98-4019 has been advertised for public hearing on December 8, 1997, at a special City Commission meeting scheduled to address open-air dining, sidewalk cafes, and noise issues. C. Ordinance No. 98-4028 Open-air Dining Regulations Mr. Lindsay stated that the PBLP found proposed Ordinance No. 98-4028, amended as follows, consistent with the Sarasota City Plan and recommends Commission approval: In all zone districts, open-air dining facilities shall cease service of all food and beverages to patrons between 11:59 p.m. and 6 a.m., provided, however, if the open-air dining facility is located within 120 feet of residentially zoned property, then the facility shall cease service of all food and beverages to patrons between 10 p.m. and 6 a.m. Patrons shall be required to vacate the premises one hour after the cessation of service hours City Auditor and Clerk Robinson stated that proposed Ordinance No. 98-4028 has also been advertised for public hearing on December 8, 1997, at a special City Commission meeting scheduled to address open-air dining, sidewalk cafes, and noise issues. Commissioner Patterson asked if proposed Ordinance No. 98-4028 as amended would modify the existing requirement for a special exception to permit open-air dining at a facility located across the street from or abutting a residence? City Attorney Taylor stated no. Mr. Lindsay stated that hours of operation approved by special exception would have to be more restrictive than the hours of operation set forth in proposed Ordinance No. 98-4028. D. Number of Members Mr. Lindsay stated that on July 7, 1997, the City Commission requested input from the PBLP regarding the possibility of expanding the number of members on the PBLP to seven members; that the PBLP felt that an additional two members would extend discussions, create additional work for Staff, and involve additional cost but would not add to the quality of decisions currently made by five members; therefore, the PBLP recommends the membership remain at five members. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to receive the board report of the PBLP's November 5, 1997, meeting. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 4. BOARD ACTIONS: REPORT RE: REQUEST BY THE VAN WEZEL PERFORMING ARTS HALL COMMITTEE THAT ORDINANCE NO. 97-4023, REGARDING PROPOSED REVISIONS TO THE CITY CODE REGULATIONS REGARDING THE VAN WEZEL PERFORMING ARTS HALL COMMITTEE BE ADVERTISED FOR PUBLIC HEARING = MODIFIED; SET FOR PUBLIC HEARING (AGENDA ITEM II-2) #1 (0407) through (1390) William Mitchell, Executive Director, Van Wezel Performing Arts Hall (VWPAH) and Harvey Rothenberg, Chairman, Van Wezel Performing Arts Hall Committee, came before the Commission. Mr. Rothenberg stated that the description in the City Code has remained unchanged over the past 30 years although the role of the Van Wezel Performing Arts Hall Committee has changed, due in part, to the increased demands and associated decisions required by the inevitable VWPAH renovation; that under the direction of the City Manager a professional facilitator was chosen and all aspects of the Committee's role were examined; that proposed Ordinance No. 97- 4023 incorporates changes to the City Code suggested by the Committee. Mr. Rothenberg distributed copies to the Commission; and stated that the following changes to the draft language are recommended: Section 2-281. Created; purpose; appointment. (b) At such time as normal-term vacancies occur on the Van Wezel Performing Arts Hall Committee, such vacancies shall be filled by the City Commission as follows. In the case of a sudden or emergency vacancy, the City Auditor and Clerk will notify the Committee in writing within two days of such vacancy. Section 2-282. Composition; qualifications and terms of office of members; lifetime member. BOOK 42 Page 15592 12/01/97 6:00 P.M. BOOK 42 Page 15593 12/01/97 6:00 P.M. (a) The Van Wezel Performing Arts Hall Committee shall consist of six persons, all of whom shall be residents of Sarasota County and at least four of whom shall be residents of the City. Such Committee members shall be appointed by the City Commission. City and County officials and employees of the City or County shall not be eligible for appointment. In addition, the City Commission, in its discretion, may designate one lifetime member in recognition of special services to the City in connection with the VWPAH. Such appointee shall have the right to vote in any decision made by the Committee. All regular appointments to the Committee shall be for a term of three years. However, appointments to fill vacancies shall be limited to the unexpired term of such vacancy. No appointee shall be appointed for more than two consecutive terms excluding, however, any partial term for the filling of a vacancy. After having served for two consecutive terms, any appointee may reapply for reappointment to the board after an absence from the Committee of at least one year. Commissioner Patterson referred to the following draft language included under Section 2-284: Likewise, the Van Wezel Performing Arts Hall Committee shall be allowed to participate in the selection of key VWPAH personnel at the discretion of the VWPAH Executive Director. Commissioner Patterson stated that she is uncomfortable with the draft language cited; that the Executive Director has the ability to request advise from the Committee absent a requirement in the Code; that the City Commission does not participate in the selection of Department Heads absent a request by the City Manager, nor is Commission involvement mandated; that the language should be deleted. Commissioner Cardamone agreed; and stated that she has several concerns; and referred to the following: Section 2-285. Duties; reports. (g) to advise the City Commission on the selection of Van Wezel Performing Arts Hall Committee members; (i) to orient and educate new members of the Van Wezel Performing Arts Hall Committee; Commissioner Cardamone stated that new members' receiving an orientation from existing members may violate the Sunshine Law; that authorizing existing members to promote or propose new members for selection is difficult to support; that other city advisory boards are referred to as boards, not committees, and have five or seven members, not six; that naming the committee "the Van Wezel Performing Arts Hall Advisory Board" should be considered; that City residents are appointed to City boards unless none of the applicants who are City residents possess the expertise necessary; that more consistency with other boards is necessary. Mayor Pillot stated that the Committee currently has seven members: six appointed members and one honorary member, David Cohen, former Mayor of the City, who participates at meetings. Commissioner Cardamone stated that honorary members are not usually active members; that consideration should be given to changing the status of lifetime members and having seven or five active members appointed by the Commission in the future. Commissioner Cardamone asked if City Manager Sollenberger has had input in the drafting of proposed Ordinance No. 97-4023? City Manager Sollenberger stated yes; that the City Code section establishing the Van Wezel Performing Arts Hall Committee was written in 1971 when the VWPAH was first constructed; that the description and mission statement requires updating; that the Committee has taken a bold step forward in re-evaluating and developing a broader, long-range role for the Committee; that the Commission has raised two substantive issues; that successor appointments is a policy decision only the City Commission can resolve; that participation in the selection of key personnel has also been raised as an issue; that the intent was to recognize the role of the Committee when consulted by the Executive Director to participate in interview processes; that rewording could be considered to make clear the intent; that the Code changes have been reviewed and are supported. Mr. Rothenberg stated that Section 2-285(i) would not create a Sunshine Law violation as the orientation and education of new members would take place in a public meeting while the Committee is in session. Commissioner Cardamone stated the phrase "in session" should be included; that the, draft language should be consistent with the Charter language outlining advisory boards. Mr. Rothenberg stated that the Committee should have the opportunity to review applications and make a recommendation to the Commission regarding selection of new members; that the recommendation is advisory; that the ultimate decision is made by the City Commission; that the suggested Code changes actually BOOK 42 Page 15594 12/01/97 6:00 P.M. BOOK 42 Page 15595 12/01/97 6:00 P.M. dilute the existing provisions which provide the Committee authority to micromanage operations; that a knowledge of the applicants and an opportunity to advise the Commission regarding the areas in which expertise is necessary is desired. Commissioner Patterson stated that the time frames for notification developed would provide ample time for existing members to contact the Commissioners individually to recommend applicants with particular expertise; that a formal vote of the Committee is not necessary; that eliminating reference to the Committee's participation in the selection of key personnel will not prevent the Executive Director from requesting input from the Committee; that Committee participation should be at the option of the Executive Director and not a Code requirement. Mayor Pillot stated that the draft language regarding Committee involvement in the selection of key personnel includes the phrases "allowed to participate" and "at the discretion of the VWPAH Executive Director"; that a good working relationship exists between Mr. Mitchell and the Van Wezel Performing Arts Hall Committee; that the draft language is acceptable; that including the phrase "in session" under Section 2-285(i) is supported. Commissioner Cardamone stated that the existing relationships between the Executive Director and the Committee and among Committee members is currently good; however, the relationships could change in the future; that the draft language regarding selection of key personnel is not appropriate. City Manager Sollenberger stated that based on the discussion, the Administration recommends deleting the sentence referencing Committee participation in the selection of key personnel with the understanding the option of requesting Committee participation is available to the Executive Director. On motion of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to strike the following sentence from Section 2-284 and to set proposed Ordinance No. 97-4023 for public hearing as presented, including the revised Section 2-282: Likewise, the Van Wezel Performing Arts Hall Committee shall be allowed to participate in the selection of key VWPAH personnel at the discretion of the VWPAH Executive Director. Commissioner Merrill stated that the existing language requires the VWPAH manager to consult with the Committee regarding all budgetary and fiscal matters and for the Committee to recommend operating policies; that the draft language provides less latitude and more clearly defines the guidance role of the Committee; that cooperation between the executive directors and the Committee members will be a key factor regardless of the written text; that the proposed changes are supported. Vice Mayor Dupree asked if the intent of the motion is to include the phrase "in session" under Section 2-285(1)? Commissioner Merrill stated yes. Commissioner Cardamone asked if the intent of the motion is to strike the following draft language included under Section 2-281(b): : The Van Wezel Performing Arts Hall Committee shall, based upon its review of the applications, make a recommendation to the City Commission as to which candidate is best suited to fill the vacancy. Commissioner Merrill, as maker of the motion, stated that deleting the sentence referenced under Section 2-281(b) is acceptable. Vice Mayor Dupree, as seconder, agreed. Mayor Pillot stated that an objection will not be raised; however, the sentence referenced under Section 2-281(b) is acceptable; that he has always contacted existing members for comment before making an appointment to the Committee. City Manager Sollenberger stated that the Commission should also strike Section 2-285(g) for consistency. Mr. Rothenberg suggested Section 2-285(g) be revised to substitute the phrase "to advise" with the phrase "to confer with." Commissioner Cardamone stated that the Committee has the ability to confer with the City Commission regardless; that Section 2-285(g) should be deleted. Mayor Pillot restated the motion as to set proposed Ordinance No. 97-4023 for public hearing with Section 2-282 revised as presented and the following modifications: Section 2-281(b): add "normal-term" preceding "vacancies" in the first sentence strike "The Van Wezel Performing Arts Hall Committee shall, based upon its review of the applications, make a recommendation to the City Commission as to which candidate is best suited to fill the vacancy." add as the last sentence "In the case of a sudden or emergency vacancy, the City Auditor and Clerk will BOOK 42 Page 15596 12/01/97 6:00 P.M. BOOK 42 Page 15597 12/01/97 6:00 P.M. notify the Committee in writing within two days of such vacancy." Section 2-284: strike "Likewise, the Van Wezel Performing Arts Hall Committee shall be allowed to participate in the selection of key VWPAH personnel at the discretion of the VWPAH Executive Director." Section 2-285: strike subparagraph I (g) to advise the City Commission on the selection of Van Wezel Performing Arts Hall Committee members." Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Patterson expressed appreciation for the Committee's efforts in re-evaluating and updating the Code. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1,3,4, AND 6 - APPROVED; ITEM NO. 2 -APPROVED; ITEM NO. 5 - APPROVED; ITEM NO. 7- APPROVED (AGENDA ITEM III-A) #1 (1450) through (2290) Mayor Pillot asked for any items the Commission wished to remove for discussion. Vice Mayor Dupree removed Item No. 2; Commissioner Cardamone removed Item No. 5; Commissioner Patterson removed Item No. 7. 1. Approval Re: Authorize the Mayor to execute the Equipment Lease Agreement between the City of Sarasota and I.S.S. Landscape Management Services, to perform the groundskeeping services at the Ed Smith Sports Complex 3. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract with Feimster Painting and Services, Inc., Athens, Georgia (Bid #98-17), in the amount of $47,639, for the painting of the City of Sarasota, Ed Smith Sports Stadium 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interagency Agreement between the City of Sarasota and the University of Florida, Sea Grant College for the continuation of the Florida Yards & Neighborhoods Program 6. Approval Re: Authorize the Mayor and city Auditor and Clerk to execute the First Amendment to the Lease Agreement between the City of Sarasota and O'Leary Coastal Rentals, Inc., and concession to construct wooden stairs and a railing from the existing wooden deck area On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve Consent Agenda No. 1, Items 1, 3, 4, and 6. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. Approval Re: Award of Purchase Order Contract to F. A. Detwiler & Associates, Bowling Green, Florida, (Bid #98-18) in the amount of $80,072, for the Americans with Disabilities Act (ADA) grandstand additions for Ed Smith Stadium wooden stairs and a railing from the existing wooden deck area Vice Mayor Dupree stated that the purchase order exceeds the budgeted amount by $55,772; and asked for clarification. Patrick Calhoon, Sports Facilities Manager, came before the Commission and stated that $24,300 was budgeted for the ADA covered seating based on an estimate provided by the former architect contracted by the City during the conceptual development stage of the project; that the increased cost is the result of a low estimate originally received as well as unforeseen elevation enhancements required to ensure proper sight lines for the third level of the stadium; that responsive bids received ranged from $80,072 to $120,000. On motion of Vice Mayor Dupree and second of Commissioner Merrill, it was moved to approve and award a purchase order contract in the amount of $80,072 to F.A. Detwiler & Associates. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 5. Approval Re: Authorize the administration to proceed with the sale of the property located at 2190 10th Street, Sarasota, Florida, to Goff Communications, Inc. Commissioner Cardamone asked for clarification regarding the difference in sale price versus asking price and how the City originally acquired the subject property? V. Peter Schneider, Deputy City Manager, stated that the records will be researched and a report forwarded to the Commission regarding acquisition of the property by the City; that the property appraisal prepared for the City by Sewell, Valentich, Tillis & Associates indicates a value of $25,000; that the property appraisal prepared for Brian Jones of Goff Communications, Inc., by Lee A. Powell indicates a value of $11,000; that $18,000, which is BOOK 42 Page 15598 12/01/97 6:00 P.M. BOOK 42 Page 15599 12/01/97 6:00 P.M. essentially an average of the two appraisals, was the sales price negotiated; that Mr. Jones intends to use the unimproved parcel for additional parking adjacent to Goff Communications, Inc. Commissioner Patterson asked the City's policy regarding the sale of City-owned property? City Manager Sollenberger stated that the City does not currently have a policy regarding the disposition of surplus holdings; that sale proposals are reviewed on a case-by-case basis. Commissioner Patterson stated that a policy should be developed. Vice Mayor Dupree stated that the subject property is unkept, filled with debris, and frequented by many transients; that $18,000 is viewed as more than a fair price for the property. Commissioner Merrill stated that a policy recommendation regarding the disposition of City-owned property should be prepared by the Administration and presented to the Commission for review. City Manager Sollenberger stated that the Administration will report back to the Commission with a policy recommendation. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve Consent Agenda No. 1, Item No. 5. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 7. Approval Re: Direct the City Attorney to prepare an ordinance which will amend the Transportation Concurrency Regulations to reinstate the 4.5 percent standard as determinative of the transportation Concurrency Study Area, and to revise Section 5-22, De minimus Development, Zoning Code, to incorporate the new State determination of what will be deemed a development of de minimus impact Commissioner Patterson stated that the Engineering Department recently indicated the entire City would have to be used as the study area for all projects if the 2 percent standard is applied; that circumstances have not changed drastically since 1991; that Item 7 cannot be supported absent an understanding of the logic and rationale provided to the City Commission in 1991 when the standard was changed from 4.5 percent to 2 percent. City Manager Sollenberger stated that the City had little experience in concurrency management when the original concurrency ordinance was adopted; that 1991 was a time when development was slowing and few major projects were reviewed; that a broader explanation can be provided by Engineering Staff. Commissioner Patterson stated that a presentation is not necessary at this time; that the majority of the Commission may support preparation of an ordinance to reinstate the 4.5 percent standard; however, an explanation regarding the purpose for changing the standard from 4.5 percent in 1989 to 2 percent in 1991 and supporting data to indicate the change was inappropriate should be included when the ordinance is presented for public hearing. Commissioner Cardamone stated that similar questions were asked of the Engineering Staff earlier; that although the responses were not thoroughly satisfying, Item 7 will be supported. Commissioner Merrill stated that Item 7 authorizes preparation of an ordinance to reinstate the 4.5 percent standard; that Staff is processing an application for a concurrency exemption in the Downtown area; and asked if Item 7 could be delayed until the concurrency exemption proposal is presented for review? City Attorney Taylor stated that timing may be an issue; that the 2 percent standard is the law; therefore, will be applied henceforth to all projects requiring a transportation study unless an ordinance to reinstate the 4.5 percent standard is prepared and adopted. Commissioner Patterson stated that projects have been evaluated based on the 4.5 percent standard for the past six years. City Attorney Taylor stated that concurrency is not a pending issue on projects which have already been built and exist. Commissioner Merrill stated that concurrency is an issue of public interest; that addressing all facets of concurrency at one time would be preferred; and asked if the proposal to establish a concurrency exemption for the Downtown area will be presented to the Commission in the near future? Dennis Daughters, Director of Engineering/City Engineer, and Asim Mohammed, Assistant City Engineer, came before the Commission. Mr. Mohammed stated that the concurrency exemption for Downtown will be presented as part of the Comprehensive Plan Update; that proposed Comprehensive Plan amendments will not be presented to the Commission for several months. Commissioner Merrill asked the consequences of delaying action on Item 7. City Attorney Taylor stated that the traffic study performed for the proposed Mission Harbor development, which was based on the BOOK 42 Page 15600 12/01/97 6:00 P.M. BOOK 42 Page 15601 12/01/97 6:00 P.M. 4.5 percent standard, would have to be redone using the 2 percent standard. Mr. Mohammed stated that the 2 percent standard increases the study area and will impact all traffic studies being performed for planned projects; that the final impact may be negligible; however, the costs and time and effort expended on the studies will increase significantly. Commissioner Merrill asked if the issue is before the Commission because of the Mission Harbor development? Mr. Daughters stated no; that Staff has been using the wrong standard to evaluate concurrency; that the 2 percent standard is viewed as too restrictive and will increase the cost of the traffic studies and potentially the cost for transportation improvements; that the majority of surrounding jurisdictions use a 5 percent or higher standard; that the Engineering Department views reinstating the 4.5 percent standard as appropriate. City Manager Sollenberger stated that reinstating the 4.5 percent standard will not actually initiate a change; that the 2 percent standard has never been used by the Engineering Department; that the change from 4.5 percent to 2 percent was never recorded in the Engineering Department's operating manuals; that the discrepancy was discovered only recently; that the change is requested to provide for consistency with the procedures practiced by the City over the past eight years. City Manager Sollenberger continued that the Administration recommends the Commission authorize preparation of an ordinance to amend the transportation concurrency regulations. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to direct the City Attorney to prepare an ordinance to amend the transportation concurrency regulations to reinstate the 4.5 standard. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, no; Pillot, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 98R-1021) - adopted; ITEM 2 (RESOLUTION NO. 98R-1029) - ADOPTED; ITEM 3 (RESOLUTION NO. 98R-1032) - ADOPTED; ITEM 4 (RESOLUTION NO. 98R-1033) - ADOPTED; ITEM 5 (ORDINANCE NO. 97-4025) - ADOPTED; ITEM 6 (ORDINANCE NO. 97-4026) = ADOPTED; AND ITEM 7 (ORDINANCE NO. 97-4027) - ADOPTED (AGENDA ITEM III-B) #1 (2296) through (3401) AI Commissioner Merrill requested that Item No. 3 be removed to allow public comment. Vice Mayor Dupree requested that Item No. 4 be removed for discussion. City Auditor and Clerk Robinson read proposed Resolution Nos. 98R-1021 and 98R-1029 in their entirety and Ordinance Nos. 97-4025, 97-4026, and 97-4027 by title only. 1. Adoption Re: Proposed Resolution No. 98R-1021, appropriating $200,000 from the Unappropriated Fund Balance of the General Fund to fund legal fees for a federal lawsuit against Florida Department of Transportation concerning the Ringling Causeway Bridge; etc. 2. Adoption Re: Proposed Resolution No. 98R-1029, appropriating. $8,000 from the Special Law Enforcement Trust Fund (Forfeitures) to fund the purchase of two additional treadmills and the maintenance of three treadmills; etc. 5. Adoption Re: Second reading of proposed Ordinance No. 97-4025, to amend Ordinance No. 95-3897 by the substitution of Development Plan Petition 97-DPR-13 to incorporate modifications to the Morrill Court project including among others, the addition of two (2) residential units, the addition of Lot 13, Owen Burns Realty Company Subdivision, a/k/a 253 South Osprey Avenue, as well as to allow open-air dining in connection with a restaurant in lieu of the previously approved Development Plan 95-DPR-02; providing for the conditional rezoning from RMF-4 Zone District to CRT Zone District the following property: Lot 13, Owen Burns Realty Company Subdivision, a/k/a 253 South Osprey Avenue; approving Development Plan 97-DPR-13; providing for conditions; repealing ordinances in conflict; etc. (Title Only) (Petition Nos. 97-CO-07 & 97-DPR-13, Petitioner Russell Moore, Design Studios West, representing Law Building 1 - General Partnership) 6. Adoption Re: Second reading of proposed Ordinance No. 97-4026, to vacate a portion of the following streets to provide additional parking for the Human Services Center: a portion of 13th Street between Goodrich and Orange Avenue; a portion of Goodrich Avenue between 15th and 16th Street; a portion of 16th Street running easterly from Goodrich Avenue for 326 feet M.O.L.: more particularly described herein; etc. (Title Only) (Petition No. 97-SV-04, Petitioner City of Sarasota) 7. Adoption Re: Second reading of proposed Ordinance No. 97-4027, to amend Ordinance No. 97-3985 by the BOOK 42 Page 15602 12/01/97 6:00 P.M. BOOK 42 Page 15603 12/01/97 6:00 P.M. substitution of Preliminary Site and Development Plan 97-PSD-24 to allow the construction of a hotel in lieu of the previously approved Site and Development Plan 97-PSD-02 which approved a multi-family condominium on the following described property: said property is located in the WFR Zone District on the west side of Benjamin Franklin Drive, Lido Key, with a street address of 1234 and 1314 Benjamin Franklin Drive, as more particularly described herein; approving Site and Development Plan 97-PSD-24; providing for conditions; repealing ordinances in conflict; etc. (Title Only) (Petition Nos. 97-C0-14 & 97-PSD-24, Petitioner Stephen Rees, Icard, Merrill and Joel Freedman, AICP, Bishop and Associates, representing the Jacobson Group = Lido Beach and Lauren Green as Trustee) On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 2, 5, 6, and 7. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 3. Adoption Re: Proposed Resolution No. 98R-1032, regarding consideration of proposal of Comcast Cablevision of West Florida, Inc. to renew a cable television system in the City of Sarasota, Florida; etc. (Title Only) Steve Dvoskin, Area Vice President/Ceneral Manager, Comcast Cablevision of West Florida, Inc., 5205 Fruitville Road (34232), came before the Commission and stated that the resolution for preliminary denial of franchise renewal comes as a surprise; that Comcast thought all the items requested by the negotiating team had been addressed; that Comcast's proposal of November 18, 1997, included eight Public/ducational/Covermment (PEG) access channels based on a phase-in plan, a $2 million studio, and a $3 million Institutional Network (I-Net); that a plan for the production of programming has not been developed or provided to Comcast; that no other community the size of Sarasota has eight PEG channels; that a phase-in plan is appropriate since commercial channels must be displaced when PEG channels are added to the system; that Comcast disagrees with the need for the items requested but has agreed to provide them; that fine-tuning may be necessary; however, a response from the negotiating team was not received. Mr. Dvoskin continued that William Strode, Law Firm of Kirk- Pinkerton, responded to a letter from the Mayor on behalf of Comcast explaining that the Federal Communications Commission (FCC) and State of Florida previously addressed the noncompliance issues identified and found all of the billing practices used by Comcast to be valid, legal, and proper. Mr. Dvoskin further stated that preliminary denial of Comcast's franchise renewal tonight will end negotiations and trigger a lengthy and expensive administrative hearing. Jean Rice of Rice, Williams Associates, Inc., the consultants hired to provide technical assistance during the franchise renewal process, came before the Commission and stated that Comcast's latest proposal did not meet in full the items presented as major points at the joint City/County Commission meeting of November 10, 1997; that the negotiating team reviewed but did not find Comcast's response to the noncompliance issues persuasive; that activation of the PEG channels is one major issue which has not been agreed upon; that Comcast's proposal offered to provide over 15 years the amount of equipment replacement necessary within ten years; that numerous issues remain unresolved, including the interconnect for public safety, extension of service, outstanding questions on the I-Net, and technical concerns; that the negotiating team found that Comcast's latest. proposal does not meet the needs of community or substantially comply with the terms of the contract overall. City Auditor and Clerk Robinson read proposed Resolution No. 98R-1032 by title only. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to adopt proposed Resolution No. 98R- 1032. Commissioner Merrill stated that the extra effort by Comcast in putting forth a more responsive proposal is appreciated; that reference has been made that negotiations will not continue; however, the administrative process provides for further negotiations. Commissioner Patterson requested clarification regarding the date by which Commission action is required under the formal franchise renewal process? Ms. Rice stated that a decision on acceptance or preliminary denial is required by January 3, 1998; that both the City/County Commissions plan to take action in December 1997. Commissioner Patterson asked if progress has been made in the negotiations? Ms. Rice stated that some progress has been made but certainly not enough to initiate a change in the negotiating team's recommendation for preliminary denial. BOOK 42 Page 15604 12/01/97 6:00 P.M. a * BOOK 42 Page 15605 12/01/97 6:00 P.M. Mayor Pillot stated that the action about to be taken is an appropriate step in honest, honorable, respectful negotiations and not a result of improper or negative negotiations. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 4. Adoption Re: Proposed Resolution No. 98R-1033, appropriating $9,759.47 from the Unappropriated Fund Balance of the General Fund to fund the monthly interest and fiscal year 1997-98 that were not budgeted for a Xerox 5690 high volume duplicator Vice Mayor Dupree asked if the Xerox duplicator is available for purchase and if so at what cost? Nancy Carolan, Director of General Services, came before the Commission and stated that the cost of the Xerox duplicator is $131,995; that the purchase price is $69,581 with the trade-in of the City's existing Kodak duplicator which was purchased in June 1995; that the lease program is viewed as more advantageous to the City than an outright purchase as the Total Satisfaction Guarantee offered by Xerox would be in effect for a total of five years versus three years and the first three months of the 60-month lease term would be free. Commissioner Patterson stated that the Kodak duplicator the City purchased has never worked properly; that the purchase was a substantial expenditure; that the City should be entitled to a new, functioning machine from the manufacturer at no additional cost. Ms. Carolan stated that the City received a trade-in value of $30,550 for the previously-owned Xerox equipment and paid $66,038 for a Kodak 2110 high-volume duplicator in June 1995; that the Kodak duplicator was replaced with a compatible rebuilt model in September 1997; that production worsened following the replacement; that the best deal offered by Kodak was to trade-in the existing duplicator for a new, higher-grade model at a discounted price; that the Xerox lease is viewed as a better alternative. Commissioner Patterson stated that the result may have been different had the same difficulties been experienced at a private business. City Auditor and Clerk Robinson read proposed Resolution No. 98R-1033 in its entirety. On motion of Vice Mayor Dupree and second of Commissioner Merrill, it was moved to adopt proposed Resolution No. 98R-1033. Commissioner Cardamone stated that the duplicator issue should have been resolved when the difficulties first began; that the City should take a stronger position with manufacturers and sales personnel regarding malfunctioning equipment and warranties. City Manager Sollenberger stated that the Administration will provide a more thorough report to the Commission. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Commissioner Cardamone stated that a more thorough report, if available, should have been provided prior to requesting the Commission to appropriate additional funds. Mayor Pillot requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 7. PUBLIC HEARING RE: REOUIRED PUBLIC HEARING, IN ACCORDANCE WITH THE SPECIAL CONDITIONS OF LOCAL LAW ENFORCEMENT BLOCK GRANT 97LBVX3441, TO GIVE THE PUBLIC THE OPPORTUNITY TO PROVIDE WRITTEN AND ORAL VIEWS TO THE CITY ON THE PROPOSED USE(S) OF GRANT FUNDS TOTALING $223,446 PLUS MATCHING FUNDS OF $24,827 - ACCEPTED AWARD (AGENDA ITEM IV-1) #1 (3476) through #2 (0394) John Lewis, Chief of Police, Sarasota Police Department, and E.J. Whitehead, Captain, Sarasota Police Department (SPD), came before the Commission. Captain Whitehead stated that on September 30, 1997, the City was notified a Block Grant from the Bureau of Justice Assistance in the amount of $223,446 would be awarded; that the City is required to provide $24,827 in matching funds and to hold two public hearings; that the Local Law Enforcement Block Grants Program provides federal funding for projects to reduce crime and improve public safety; that the intent is to use the grant and matching funds to enhance investigative abilities and increase staff efficiency; that the grant funding will enable the SPD to purchase technology and computer hardware and software packages to enhance law enforcement services to the community and to BOOK 42 Page 15606 12/01/97 6:00 P.M. BOOK 42 Page 15607 12/01/97 6:00 P.M. further the Information Master Plan by integrating the SPD and City networks. Captain Whitehead continued that projects on which the SPD intends to expend the $248,273 of grant funds include Voice Recognition Technology and Digital Imaging, which will allow for nearly instantaneous transmission of mug photos, identifying features, on-line data, and crime scene photos to investigators; that police officers on the street will receive the information through on-board computers in the police vehicles. Mayor Pillot stated that the Commission will be voting on the acceptance of the award and not on the specific expenditures. Captain Whitehead stated that is correct. Mayor Pillot opened the public hearing. The following person came before the Commission: Mary Quillin, 2304 Ringling Boulevard #213 (34237), stated that she has been very active in the City of Sarasota Neighborhood Watch Program for several years and was instrumental in establishing Neighborhood Watch programs in the Downtown North area. Ms. Quillin continued that the Florida Statutes addresses the disposition of special law entorcement trust funds; and cited excerpts from Section 932.7055(4), Florida Statutes as follows: (a) Such proceeds and interest earned therefrom shall be used for school resource officers, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or other law enforcement purposes which includes defraying the cost of protractive or complex investigations, providing additional equipment or expertise, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. Ms. Quillin stated that the Commission approved an $8,000 appropriation for the purchase of treadmills under Consent Agenda No. 2. (c) (3) . - After July 1, 1992, - . local law enforcement agency must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program (s) . Ms. Quillin cited the following legal opinions provided by the Attorney General's Office in response to the use of funds to upgrade computers and communication systems: 1996: Response to Town of Longboat Key Accordingly, it is my opinion that the upgrading of computers in the sheriff's department would be part of the normal operating cost of the department that would not be funded from the Contraband Forfeiture Trust Fund. 1997: Response regarding upgrade to communications system It appears that the legislators intent of this statute is that these trust funds should be used only for the expressly specified purposes or for other extraordinary programs and purposes beyond what is usual, normal, regular, or established. Ms. Quillin stated that the exhaustive survey of technology needs performed by the SPD does not comply with the speçial conditions of the grant award; and cited the following from page 5 of 6 of the award continuation sheet: 15. The recipient agrees that prior to the obligation or expenditure of any Local Law Enforcement Block Grants funds, a designated or newly established advisory board will meet to discuss the proposed (purpose area) use of the grant funds. Ms. Quillin stated that the advisory board must include representatives from local law enforcement, the prosecutor's office, the court system, the school system, and a nonprofit - group active in crime prevention or drug use prevention; that the role of the board is to receive citizens' input and to provide a recommendation to the award recipient. Ms. Quillin continued that the Federal guidelines require a public hearing to provide the public an opportunity to bring forth and present ideas regarding the use of the grant funds; that this public hearing was not advertised; and requested that the Commission table the issue. Commissioner Patterson asked if the public hearing was advertised? City Auditor and Clerk Robinson stated no; that advertising is not required for all public hearings; that the SPD was contacted and indicated a published advertisement was not necessary; however, BOOK 42 Page 15608 12/01/97 6:00 P.M. BOOK 42 Page 15609 12/01/97 6:00 P.M. he requested and the Sarasota Herald-Tribune published an article regarding the grant award on December 1, 1997. Linda Holland, 617 Gillespie Avenue (34236) representing Gillespie Park Neighborhood Association, stated that an expenditure of the grant funds to upgrade computer equipment and to purchase technology which will enable instantaneous transfer of information to police officers on the street is supported. Johannah Armes, 1677 Sixth Street (34236), stated that she was not aware of the grant award prior to the meeting; and requested that the Commission table the public hearing until an appointed advisory board has had time to take public input, review, and then make a nonbinding recommendation for the use of the grant funds, as outlined under special condition #15. There was no one else signed up to speak and Mayor Pillot closed the public hearing. Commissioner Merrill asked if the process being followed is in compliance with the requirements for the grant funds? Police Chief Lewis came forward and stated yes. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to accept Local Law Entorcement Block Grant 97LBVX3441. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4030, AMENDING THE ZONING CODE BY SETTING FORTH REGULATIONS PERTAINING TO COMMERCIAL WIRELESS TELECOMKUNICATION FACILITIES, INCLUDING TOWERS AND ANTENNAS; SETTING FORTH FINDING AS TO INTENT AND PURPOSE; PROVIDING DEFINITIONS: REGULATING THE LOCATION OF COMMERCIAL WIRELESS TELECOMXUNICATION FACILITIES, INCLUDING TOWERS AND ANTENNAS AS PERMITTED USES; ACCESSORY USES, CONDITIONAL USES OR PROHIBITED USES IN ZONE DISTRICTS; SETTING FORTH PROCEDURES FOR THE PROCESSING OF CONDITIONAL USES; PROVIDING FOR THE EXPIRATION AND REVOCATION OF CONDITIONAL USES; PROVIDING STANDARDS AND CONDITIONS PERTAINING TO COMMERCIAL WIRELESS TELECOMXUNICATION FACILITIES, INCLUDING TOWERS AND ANTENNAS; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) MODIFIED; PASSED ON FIRST READING (AGENDA ITEM IV-2) #2 (0400) through #3 (0260) Paul Costanzo, Chief Planner, Sarah Schenk, City Attorney's Office, and Jean Rice of Rice, Williams Associates, Inc., came before the Commission. Mr. Costanzo stated that on May 21, 1997, the Planning Board/Local Planning Agency (PBLP) reviewed and reached consensus on a draft set of telecommunication regulations; that on July'21, 1997, the City Commission adopted a six-month moratorium on the construction of commercial wireless telecommunication facilities; that the moratorium will expire on December 16, 1997; that revisions were made to the original May 21, 1997, PBLP document as the result of subsequent Commission direction, two group meetings and several one-on-one meetings with representatives of the cellular industry, review and comment by the City's cable and cellular consultant, coordination with surrounding jurisdictions, including Sarasota County, the City of Venice, and the Town of Longboat Key, and additional Staff research; that on November 6, 1997, the PBLP held a public hearing, made several revisions to the draft ordinance presented by Staff, found consistency with the Sarasota City Plan, and recommended the Commission adopt the draft ordinance as amended. 1 Mr. Costanzo continued that throughout the moratorium process, the industry has commented extensively and suggested numerous revisions; that each of the industry requests was evaluated and discussed with the Administration and the City's consultant; that some of the suggestions were incorporated into the draft ordinance and some were not; that since the telecommunication regulations are being presented for adoption prior to adoption of the Land Development Regulations (LDRs), the Conditional Use process has been incorporated. Mr. Costanzo further stated that the telecommunication regulations are designed to fulfill the following purposes: facilitate the provision of wireless telecommunication services to the residents and business of the City minimize the adverse visual impacts of telecommunication towers protect residentially zoned areas and uses from potential adverse impacts, maximize the use of City-owned property maximize the use of existing towers, buildings, and structures for new telecommunication antennas in order to reduce the number of new towers erected maximize the use of co-location of new antennas, providing one tower for several antennas, protect and preserve distinctive characteristics of the City of Sarasota including Sarasota Bay, the Gulf of Mexico, and scenic view corridors from those bodies of water. BOOK 42 Page 15610 12/01/97 6:00 P.M. BOOK 42 Page 15611 12/01/97 6:00 P.M. expedite the removal of abandoned, unused and unsafe towers. Mr. Costanzo stated that a four-level system has been developed to control antenna and tower locations; that Section 6-34, Siting Preferences, requires applicants to demonstrate siting preferences have been evaluated in their site selection process and, when appropriate, to provide reasons why a higher preference site was not used; that Section 6-34, as presented to the PBLP, also lists in descending order of preference the following locations where the City supports the siting of antennas and towers: Antennas on City-owned buildings Antennas on non City-owned buildings Towers on City-owned property Towers on property zoned Industrial (I) and Industrial, Light and Warehousing (ILW) Towers on any other eligible property Mr. Costanzo continued that the draft ordinance presented to the Commission includes two versions of Section 6-34: Option A, without PBLP changes, and Option B, as amended by the PBLP; that Option B modifies the section to eliminate City-ownership preferences. Mr. Costanzo stated that Section 6-35, Emplacement Restriction Standards, provides supplemental location standards in addition to the primary restrictions found in Section 6-42(C), and specifically prohibits new towers in the following areas: traffic circles bridges - mangrove islands - beaches any conservation or Marine Park (MP) Zone District 1,400 linear feet from the high-water mark of either Sarasota Bay or the Gulf of Mexico any otherwise eligible area four acres or less in size Mr. Costanzo stated that Section 6-36 provides a - setback requirement from all residential zone districts of two feet for every one foot of tower height. Mr. Costanzo continued that Section 6-42(C) allows new telecommunication antennas as Permitted Accessory Uses in all zone districts and telecommunication towers as Permitted Primary Uses in I and ILW Zone Districts and Conditional Uses in all other zone districts except the Conservation (C) and MP Zone Districts. Mr. Costanzo referred to a board display and explained three unofficial zoning maps denoting approximate eligible areas for new telecommunication towers based on 35-foot, 100-foot, and 200- foot tower heights; and stated that Staff has not identified specific sites but rather approximate areas in which towers could be sited. Mr. Costanzo stated that Section 6-37, Additional Submittal Requirements, requires documentation and a visual analysis of a balloon test as part of a Conditional Use application; that the applicant is required to fly a balloon four-feet in diameter for three hours per day on three consecutive days at the same height and location as the proposed tower; that the provision is designed to allow the public, the PBLP, and the Commission to better visualize the potential impact of a tower in a particular location; that the proposed ordinance also requires the creation of a collapse zone equal to one-quarter the height of the tower and which is free of all buildings except those located on the tower site. Mr. Costanzo continued that Section 6-49, Interference or Obstruction with Public Safety Telecommunications, is presented to the Commission in two versions: Option C, without PBLP changes, and Option D, as amended by the PBLP; that Option D establishes a 10-day period within which the Sarasota Police Department, Sarasota County Sheriff's Office, or County Director of Emergency Management must file objections to applications for new telecommunication facilities; that the Administration is recommending Option D but modified to provide a 30-day period within which objections can be filed. Mr. Costanzo further stated that Sections 6-54 through 6-63 incorporate the Conditional Use process designed during the LDRs Update; that the process is similar to the existing Special Exception process but provides for revocation of an approved use not conducted in compliànce with the approved conditions. Attorney Schenk stated that a companion ordinance to provide local amendments to the Standard Unsafe Building Abatement Code, regarding procedures for the removal of unsafe, abandoned, unused towers, will be brought forward for one public hearing at the December 15, 1997, regular City Commission meeting. Commissioner Patterson requested clarification of the logic for prohibiting new towers within 1,400 linear feet of Sarasota Bay or the Gulf of Mexico. BOOK 42 Page 15612 12/01/97 6:00 P.M. SN 6 ld BOOK 42 Page 15613 12/01/97 6:00 P.M. Mr. Costanzo stated that the restriction was incorporated to protect the scenic vistas from the land through the Bay and the Gulf, which are viewed as a value to the City and one of the main reasons the City was established. Commissioner Merrill stated that views from all homes are considered scenic by residents; that the provision could be interpreted as an attempt to protect the expensive, waterfront neighborhoods from adverse impacts by allowing the siting of towers in District 3. Mr. Costanzo stated that an attempt was made to protect residential districts to the greatest extent legally possible; that camouflage is required; that the Commission will have the ability to determine if a tower is visually obtrusive in a given area. Commissioner Merrill stated that a requirement for the towers to be aesthetically attractive should negate the need for the 1,400 linear foot waterfront restriction. Mr. Costanzo stated that the following language is included under Section 6-39 (A): In addition to general review criteria, in order to be approved, towers and antennas shall be designed, as determined by the approving authority, to blend into the surrounding environment through the use of color, texture, and/or camouflaging architectural treatment Mr. Costanzo stated that aesthetics are subjective; that something architecturally and aesthetically acceptable to one neighborhood may not be acceptable to another neighborhood; therefore, a specific type of architectural treatment should not be mandated; that the draft language provides the Commission with flexibility to make a justifiable determination on a case-by-case basis. Commissioner Merrill asked if Section 6-39 as drafted provides the Commission the ability to deny an application on the basis that the proposed tower is not deemed to be appropriately camouflaged? Mr. Costanzo stated yes. Commissioner Merrill asked if the Commission could require any tower built in the City of Sarasota be camouflaged to the extent the existence of the tower on site is not known? Mr. Costanzo stated that towers would be allowed only in the following locations in residential zone districts: on City-owned parcels, and in conjunction with houses of worship, cemeteries, colleges or universities when appropriately camouflaged to blend into the facility's character or architecture; that specific examples, i.e., steeples and bell towers are cited in the ordinance. Commissioner Merrill stated that a monopole design versus the design of towers along the highways could be interpreted as aesthetically attractive. Mr. Costanzo stated that is correct; however, the Commission is provided the flexibility of allowing other types of poles if deemed to be appropriate or more aesthetically pleasing. Mayor Pillot opened the public hearing. The following people came before the Commission: Russell Thomas, Law Firm of Anderson & Orcutt, Suite 2400, SunTrust Financial Centre, Tampa (33802) representing Sprintcom, Inc. Dana Young, Law Firm of Fowler, White, Gillen, Boggs, Villareao, and Banker, 501 South Kennedy Boulevard, Tampa (33602) representing American Portable Telecom (APT) a/k/a Aerial Communications, and Michael Brooks, Attorney, 400 North Tampa Street, Suite 2400, Tampa (33611), representing LCC International and Bell South Mobility Attorney Thomas stated that significant strides have been made in achieving a telecommunications ordinance which is workable both to the industry and to the City; however, room for improvement still exists; that until last year, only two providers were able to provide wireless communications services in Sarasota; that the cellular telephones available today are smaller, digital, provide pager features, and offer better services than those available five years ago; that the Telecommunications Act of 1996 opened the telecommunications market to competition; that Sprint is in the process of negotiating with property owners to site antennas and anticipates becoming a wireless telecommunications provider in Sarasota next year; that additional, competitive service will result in better service opportunities and lower rates for the Sarasota community. Attorney Thomas continued that the Telecommunications Act limits the extent to which local governments can regulate telecommunications, specifically in terms of tower and antenna location; that local governments have the ability to enact ordinances which deal specifically with legitimate land use functions however, the Act prohibits specific restrictions that would prevent the entry or access of new or existing carriers to the market;. that the City's ordinance as drafted on an overall, cumulative basis includes restrictions which could prohibit entry into the market. BOOK 42 Page 15614 12/01/97 6:00 P.M. BOOK 42 Page 15615 12/01/97 6:00 P.M. Attorney Thomas referred to Section 6-34, Siting Preferences, and stated that Option A requires applicants to utilize City-owned properties first for antennas before considering private properties and then City-owned properties first if new tower locations are considered; that Option B includes two siting criteria requiring consideration of antenna sites first, whether City-owned or private, and if antenna sites cannot be identified within the search radius, then tower sites; that the legality of Option A is questionable as the restrictions are anti-competitive and prohibit the public from competing with the city for facilities; that the regulation may not be a legitimate land use function; that the industry has been successful in negotiating multi-site agreements for lease rates with municipalities; that competitive negotiation of the terms and conditions of a lease should not be hindered by the location of a City-owned property within the defined search radius; that incentives for providers to utilize City-owned properties, as offered by other municipalities, could be provided; however, Option B should be adopted. Commissioner Cardamone requested comment regarding the telecommunications regulations enacted by the City of Tampa. Attorney Young stated that the City of Tampa adopted a new ordinance after the Telecommunications Act was passed in 1996; that the existing Tampa ordinance includes extensive permitted uses among which city-owned property in residential areas and city-owned property in other zoning districts are included; that a moratorium is not in effect in Tampa; that a task force of citizens and industry members has been established to review and recommend changes to the existing Tampa ordinance; that the structure of the new Tampa ordinance will be similar to that proposed for Sarasota; however, the content will differ; that the City of Tampa recognizes location of facilities in sensitive areas may be required in some instances and is providing stringent criteria and public hearing requirements to allow rather than prohibit such sitings. Commissioner Cardamone stated that the City of Tampa strongly encourages the use of city-owned properties. Attorney Young stated that is correct; that the providers are interested in negotiating multi-site agreements with the municipalities; however, a difference exists between encouraging and requiring the use of city-owned property. Attorney Young referred to the zoning maps on the board display; and stated that the cumulative effect of the siting preferences, emplacement restrictions, setbacks, height restrictions, etc., produce many ineligible areas; that the eligible areas are further restricted when specific sites are considered; that, for example, the proposed ordinance prohibits the location of facilities in the right-of-way or on the side of or in front of buildings in zone districts other than I or ILW; that towers in residential areas will be allowed only on City-owned property, or if camouflaged, in conjunction with houses of worship, cemeteries, colleges and universities; that the restrictions on a cumulative basis extremely limit the number of sites on which towers could be sited; that the industry respects the Commission's desire to have an aesthetically pleasing city but is also attempting to provide a service which may require access to more sensitive areas to enable continuous coverage; that language should be incorporated in the proposed ordinance to provide an opportunity for the industry to request Commission consideration of siting a tower in an area where location is technologically required but where eligible properties do not exist; that a Conditional Use process or similar process requiring a public hearing would enable the industry to present justification for location in a certain area and mitigation measures planned to alleviate adverse impacts; that Section 6-37 (D): could be modified to include stringent aesthetic criteria for siting towers in residential areas, which if not met by the provider, would provide grounds for denial of the application. Attorney Young referred to Section 6-49 and stated that Option D, as recommended by the PBLP, requires appropriate agencies to evaluate the applications and file objections within 10 days; that 30 days is significantly longer and could cause delays in the issuance of building permits. Attorney Young continued that Section 6-39 includes several subjective criteria for evaluating applications for towers and antennas; that the criteria may be appropriate for conditional uses but is not appropriate for permitted uses in the I and ILW Zone Districts; that the restrictions should apply only to towers and not antennas which could be mounted on buildings, etc.; that the phrase "and antennas" may have inadvertently been included in first sentence of Section 6-39 (A)a and should be deleted. Attorney Brooks cited the following definition of "search radius" as defined in Section 6-33: The geographic area established by the City as the area in which an applicant for a telecommunication tower must evaluate the siting preferences and co-location possibilities. Attorney Brooks stated that Section 6-38, which requires applicants to evaluate all the alternatives within the search radius, defines "search radius" as a set distance based on the height of the tower as follows: BOOK 42 Page 15616 12/01/97 6:00 P.M. BOOK 42 Page 15617 12/01/97 6:00 P.M. Search Radius Tower Height 1 mile Greater than 119 feet 1/2 mile 80 - 119 feet 1/4 mile Less than 80 feet Attorney Brooks stated that evaluating alternatives within a search ring, as the area is referred to by the industry, is advantageous to providers both in saving time and money; however, concerns are raised with the definition of search radius as used in the proposed ordinance. Attorney Brooks briefly explained how a search ring is developed under the radio frequency concept, the process undertaken by a radio frequency engineer in determining the coverage objective area and in preventing violations of FCC regulations, and potential technological difficulties which could occur as a result of the definition set forth in the proposed ordinance. Attorney Brooks stated that the size and shape of a search ring as used and defined by the industry depends on a variety of factors; that height is only one of the components used in determining the size search ring required to serve a given coverage objective; that the coverage objective may be a linear corridor requiring a search ring in the shape of a rectangle versus a 360-degree circle and much smaller than actual coverage area; that the definition set forth in the proposed ordinance does not recognize how a search ring is developed and should be modified; that revising the definition for "search radius" as follows is suggested: A geographic area defined by substantial and competent evidence prepared by a certified engineer. Mark Fore, Law Firm of Frank and Gramling, 100 North Tampa Street, Tampa (33602), representing AT&T Wireless Services of Florida, Inc. and Ralph Jones, Zoning Analyst, LCC International. 1012 301, #1000, Tampa (33619) representing Bell South Mobility. Attorney Fore stated that AT&T Wireless is willing to comply with the requirement for submittal of a pertormance agreement prior to the issuance of a building permit as set forth under Section 6-50 of the proposed ordinance; however, concern is raised with the requirement for submittal of an additional guarantee in the form of either a cashier's check of a letter of credit; that similar provisions are not required of other land uses, e.g., high-rise apartment buildings or commercial structures which could be abandoned and become unsafe; that AT&T Wireless has never abandoned a tower in 15 years of operation; that abandoning a tower is not in the best financial interest of a builder; that the performance agreement will contain contractual obligations; that lease agreements negotiated between the property owner and the tower builder usually include 25- to 30-year terms and a contractual obligation by the builder to remove the tower if abandoned or - found to be unsafe; therefore, two contractual obligations will exist for the builder to remove the tower under the conditions identified in the proposed ordinance; that removal of a tower is also addressed under Section 6-47, Abandoned, Unused or Unsafe Towers, which references the Standard Unsafe Building Abatement Code; that a financial letter of credit is viewed as an additional, unnecessary requirement. Attorney Fore referred to Section 6-46, Annual Registration and Certification, and stated that no legitimate land use is advanced by the requirement for annual registration; that the requirement arbitrarily imposes an unreasonable burden on the wireless telecommunications industry; that the City's need for the requirement has not been identified; that the provider will be required to maintain records in order to file the annual declaration; that the penalty for fallure to timely file either the annual declaration or certification is removal of the tower, which seems harsh; that the section should be deleted or the penalty modified. Mr. Jones stated that concern is raised with the requirement for balloon testing; that flying a balloon continuously at a height of 200 feet is a difficult task since wind velocities vary; that approval from the Federal Aviation Administration (FAA) is required to fly any object above 200 feet, which can be costly; that the statements made by previous speakers regarding siting preferences are supported; that the requirement would hinder a provider's ability to negotiate the lowest, best offer for a lease in a particular location; that the zoning maps displayed indicate eligible areas in which a 35-foot high tower could be sited; that the majority of providers in the industry could not use a 35-foot high tower; that Bell South Mobility is not a mature carrier, therefore, will require the location of towers in excess of 35 feet, potentially in some of the residential or adjacent areas. Mr. Jones continued that concern is also raised with the requirement for the applicant to pay the fee for an independent consultant when necessary to assist the City during review of an application. There was no one else signed up to speak and Mayor Pillot closed the public hearing. Vice Mayor Dupree asked the reason for requiring versus encouraging the hierarchy of City-owned siting preferences? Mr. Costanzo stated that siting preferences were developed based on direction received from the Commission when the moratorium was BOOK 42 Page 15618 12/01/97 6:00 P.M. BOOK 42 Page 15619 12/01/97 6:00 P.M. imposed; that Section 6-34 simply requires the applicant to justify the site proposed is the best and most appropriate site for the facility; that similar justification is required for other land use requests. Attorney Schenk stated that part of the land use justification for preferring government-zoned property is a presumption that water towers, fire stations, police stations, recycling facilities, sewer treatment plants, etc., which potentially impact the surrounding neighborhoods, already exist on the property, thus the adverse effects would be grouped together rather than dispersed throughout the community. City Attorney Taylor asked for comment by Ms. Rice as to whether siting preferences for government-owned property is a common requirement in ordinances for other jurisdictions? Ms. Rice stated that preference for government property is often set forth by providing for a more expeditious permitting process. Mr. Costanzo stated that similar siting preferences have been incorporated in ordinances for other jurisdictions. Commissioner Patterson asked if the ordinance as drafted, with City-owned siting preferences, could withstand a legal challenge? Ms. Rice stated that she is not an attorney; that the question should be deferred to the City's legal staff. Commissioner Patterson asked if the proposed ordinance has been reviewed by an outside attorney? City Attorney Taylor stated no. Attorney Schenk stated that the Telecommunications Act of 1996 states that regulations imposed by local governments cannot prohibit or have the effect of prohibiting the provision of personal wireless services; that siting preference regulations have not been interpreted by the courts in Florida; that the language in Section 6-34 allows an applicant to consider a private site after demonstrating that City-owned property cannot accommodate the facility without unreasonably compromising signal reception or the ability to provide service. Commissioner Cardamone stated that the result of the ordinance is similar to the creation of a zoning district in which towers can be located; that sites are being made available, therefore, towers will not be prohibited. Commissioner Cardamone requested comment regarding the inclusion of the phrase "and antennas" under Section 6-39 (A). Mr. Costanzo stated that the phrase "and antennas" was purposely included; that antennas can be as obtrusive as towers and should be reviewed similarly. Commissioner Cardamone asked the radius of the City? Mr. Costanzo stated that the City is seven miles north to south and approximately six miles east to west. Vice Mayor Dupree asked the height of a tower required to provide coverage throughout the City? Mr. Costanzo stated that the search radius requirements outlined in Section 6-38 were not developed to indicate a tower of specific height could provide coverage for the entire City but to mandate co-location and a case justification for the site being proposed. Commissioner Cardamone stated that the telecommunications needs of the City could be accommodated by two or three towers strategically sited. Commissioner Cardamone asked if the City could require removal restrictions be incorporated in lease agreements for telecommunication facilities? Attorney Schenk stated yes, on City-owned property. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 98-4030 on first reading as recommended by the PBLP but modified to incorporate Option A under Section 6-34 and Option D under Section 6-49, revised to reference 30 days versus 10 days. City Auditor and Clerk Robinson entered the following documents into the record: Memorandum from Paul Çostanzo, Chief Planner, to the PBLP members dated October 24, 1997, regarding consistency. of proposed Ordinance No. 98-4030 with Sarasota City Plan Minutes of the special PBLP meeting of November 6, 1997, regarding the public hearing on proposed Ordinance No. 98-4030 The Planning Board report of actions taken at November 6, 1997, PBLP meeting reported to the City Commission on November 17, 1997 Minutes of the November 17, 1997, regular City Commission meeting The three unofficial zoning maps of the City of Sarasota denoting the following: BOOK 42 Page 15620 12/01/97 6:00 P.M. BOOK 42 Page 15621 12/01/97 6:00 P.M. (a) approximate eligible areas for new telecommunications towers based on a 35-foot tower height (b) approximate eligible areas for new telecommunications towers based on a 100-foot tower height (c) approximate eligible areas for new telecommunications towers based on a 200-foot tower height City Auditor and Clerk Robinson read proposed Ordinance No. 98-4030 by title only. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 98-4030 on first reading. Commissioner Cardamone stated that language should be incorporated under Section 6-37(C) to require notification to the neighborhood of alternative dates on which the balloon testing will occur if inclement weather conditions are experienced. Commissioner Cardamone continued that the language under Section 6-37(D) addressing pictorial representations and design specifications should include the phrase "to scale." Mayor Pillot stated that hearing no objections, the changes to Sections 6-37(C) and (D) as referenced by Commissioner Cardamone will be incorporated and considered as part of the proposed ordinance. Commissioner Patterson stated that she has sympathy for some of the objections raised by industry representatives; that an applicant could forego a lengthy public hearing process and be denied based on neighborhood objections to the siting of a telecommunication facility on City-owned property; that in practice, Staff should attempt to expedite the process so providers are not held up for long periods while various facilities are tried and defeated on the basis of political and aesthetic considerations for a neighborhood; that the industry's desire for an opportunity to present, under a Conditional Use or similar process, an adequately designed, acceptable facility for location on a site not eligible under the proposed ordinance is also valid; however, the City does not have the expertise to refute all the industry arguments as to why a particular site is the only applicable site which would service the industry appropriately; that in meeting with the industry representatives, she suggested a proposed alternative which maintained the City's prerogatives be presented to Staff for review; that such a proposal has not been forthcoming; that development of such a proposal should be considered if the proposed ordinance is not viewed by the industry as working properly. Commissioner Patterson commended the efforts put forth by the Staff and industry representatives in addressing an extremely complex issue and developing the proposed ordinance. Commissioner Merrill agreed; and stated that communities will not accept a proliferation of antennas similar to those sited along the Interstate highways; that architectural designs and standards imposed by other jurisdictions will be monitored; that the provision designating the 1,400 linear foot buffer along the waterfront is opposed; that the waterfront is not considered the only aesthetic part of the community; that a similar provision should not be incorporated in future ordinances; however, the proposed ordinance will be supported. Vice Mayor Dupree stated that he has some concern with limiting. a provider's right to negotiate the best offer without first being subject to choosing City-owned propertyi that the 30-day requirement for review by local agencies before a building permit can be issued is also of concern. Mr. Costanzo stated that 30 days would be a maximum; that the Police Chief and County Director of Emergency Management indicated that analyzing an application for potential interference or obstruction within 10 days, as recommended by the PBLP, would be difficult if not impossible; therefore, the Administration has recommended a period of not to exceed 30 days. Mr. Costanzo continued that the proposed ordinance would not prevent the providers from negotiating the best offer; that negotiations will be part of the providers' case building and site selection process, which will be performed prior to presenting the application to the PBLP and the City Commission for review; that the provider will pursue an alternative site if a deal on a City-owned parcel, property, site, or existing building or tower cannot be successfully negotiated. City Auditor and Clerk Robinson stated that this is the first of two required public hearings; that the second public hearing will be scheduled on the agenda for the December 15, 1997, regular City Commission meeting at 6 p.m. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 974030, as modified, on first reading. Motion carried unanimously (5 to 0): Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes. The Commission recessed at 9:05 p.m. and reconvened at 9:17 p.m. BOOK 42 Page 15622 12/01/97 6:00 P.M. BOOK 42 Page 15623 12/01/97 6:00 P.M. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4035, AMENDING ORDINANCE NO. 93-3639, WHICH VACATED A PORTION OF BROWNING STREET, so AS TO CORRECT SCRIVENER'S ERRORS IN THE LEGAL DESCRIPTION SET FORTH WITHIN ORDINANCE NO. 93-3639; ETC. (TITLE ONLY) - PASSED ON FIRST READING; SET SECOND READING FOR DECEMBER 8, 1997 (AGENDA ITEM IV-3) #3 (0260) through (0345) City Auditor and Clerk Robinson stated that the legal description used in Ordinance No. 93-3639, which was provided by a professional land surveyor as part of the original petition to vacate a portion of Browning Street, contained certain scrivener's errors; that the error was brought to the attention of the City by the Attorney representing the First Church of God of Sarasota, Inc., in the sale of Church property to the McClellan Park School; that the land surveyor has corrected the legal description; that a change in the legal description set forth in Ordinance No. 93-3639 is required before the sale of the property can conclude. City Auditor and Clerk Robinson continued that the Church has requested that second reading of proposed Ordinance No. 98-4035 will be scheduled for December 8, 1997, to assist in expediting the closing on the property. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 98-4035 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4035 by title only. On motion of Vice Mayor Dupree and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 98-4035 on first reading and to schedule second reading for December 8, 1997. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. 10. SCHEDULED PRESENTATION RE: RECOMMENDED NEIGHBORHOOD IMPROVEMENTS - RECEIVED REPORT; ADMINISTRATION TO SCHEDULE A MEETING BETWEEN THE TASK FORCE AND COUNTY STAFF TO DISCUSS ARLINGTON PARK AND TO ARRANGE FOR DISTRIBUTION OF NEIGHBORHOOD CRIME WATCH BROCHURES WITH WATER BILL MAILINGS; TASK FORCE TO REPORT BACK IN FEBRUARY 1998 WITH TRAFFIC CALMING PROPOSAL (AGENDA ITEM V) #3 (0345) through (1423) Shannon Snyder, President, Southeast Sarasota Neighborhood Association, Tammi Kist, Southeast Neighborhood Watch Crime Coordinator, Douglas Jones, Code Enforcement Committee Chairman, and Sharon Jones and Joseph Moraca, Co-Chairmen of the Traffic Calming Committee, members of the Southeast Sarasota Task Force, came before the Commission and distributed informational packets to the Commission. Mr. Snyder stated that on June 24, 1997, residents of the Arlington Park area met at the Waldemere Fire Station; that representatives from the City Engineering and Police Departments were in attendance to provide guidance; that residents were given the opportunity to participate on the Southeast Sarasota Task Force and three committees were established to address the following concerns in the neighborhood: 1. code enforcement 2. crime 3. traffic calming Mr. Jones stated that the Code Enforcement Committee consists of 12 active volunteer members who have been focusing on developing and implementing a process for reporting Code infractions; that research reveals most Florida cities of comparable size have 8 to 12 code enforcement officers while the City of Sarasota has only 6; that the Code Enforcement Department, which is instrumental to protecting the citizens' quality of life, should not be understaffed; that developing educational materials to encourage community involvement in identifying target areas for future inspections and distributing such materials with the City's water bills is recommended. Mr. Jones continued that the Code Enforcement Committee's efforts led to identification of 67 properties with potential violations, 29 of which were already under investigation and 21 of which resulted in new investigations; that the remaining 17 complaints were not viewed as violating current code specifications and could not be processed; that legislative action is requested to resolve major concerns identified in the following areas: Rental Property and Absentee Landlords Mr. Jones stated that a majority of the complaints stem from actions or lack thereof by. absentee landlords who make a mockery of the law, consume valuable City resources, and steal equity from the neighborhood; that a rental property inspection program is necessary to address the abuse neighborhoods face from landlords and renters who, through a lack of interest or stake in the neighborhood, are not willing to maintain their properties to BOOK 42 Page 15624 12/01/97 6:00 P.M. BOOK 42 Page 15625 12/01/97 6:00 P.M. the standards of neighboring homeowners; that a successful rental inspection program is operated in the City of St. Petersburg, Florida. Parking Mr. Jones stated that a parking code which contributes a positive effect on property values is requested to encourage basic homeowner standards, to control soil erosion, and to protect the stormwater systems; that the destruction of public assets such as curbs, sidewalks, and underground utilities is allowed by the lack of reasonable code requirements for parking; that the combination of traffic from Sarasota Memorial Hospital (SMH) and other business expansions as well as the ingress and egress of numerous vehicles onto and from non-designated areas of properties creates a safety hazard. Removal of Junk Cars Mr. Jones stated that entorceable codes for the removal of junk cars, inoperable or improperly licensed vehicles are requested; that the neighborhood was designed at a time when single-car ownership was the standard; that most families currently have two vehicles; that many homes in the neighborhood have as many as eight vehicles parked in the yard; that the current codes pertaining to junk cars and inoperable vehicles can be evaded by covering a vehicle with a tarp or old piece of canvas; that such eyesores add to the degradation of the community and are viewed as intolerable. Tammy Kist stated that the Crime Committee has met once a month since July 1997; that the need for citizen involvement in maintaining and developing programs necessary to create a sound community built on pride and home ownership is recognized. Ms. Kist referred to and explained the following problems identified and solutions recommended to address concerns identified: Problem 1: The basketball courts are frequented at night by players who park vehicles on the grounds, play loud music, drink beer, and annoy the surrounding neighbors with loud conversation. Arlington Park closes at 11 p.m. No set light timers exist to deter activity after park closing. Solution 1: Rope off basketball area to prevent vehicles from entering, thus eliminating the radios. Under-aged drinking would cease as the individuals would no longer be able to conceal the alcoholic beverages when law enforcement approaches. A timer for the lights would encourage groups to leave. A timer shut-off at 10:30 p.m. during the summer months and 9:30 p.m. during the winter months is recommended. Problem 2: Under-aged children roaming the neighborhood streets during the evening hours without proper supervision could possibly encourage criminal mischief to residential and commercial properties within the City. Solution 2: Research a Citywide juvenile curfew program similar to the St. Petersburg, Florida, program. Problem 3: The current light system in the park is ineffective for public safety as the cone-style lamps do not generate sufficient light on the walkways. No signs identify the pathways to and from the streets which access the park, which causes confusion for citizens reporting a crime especially when asked to identify the access road on which an assailant has fled. Solution 3: Replace the current light system with a new, radius-type lighting system. Place directional signs on the lamp posts indicating the streets which access the park. Problem 4: Arlington Park facilities do not provide community children any form of low-cost or no-cost enrichment programs after school hours or during the summer school break. Solution 4: Create and promote programs of interest to children of all ages which are affordable based on family income. Such a program should be made available to the families of the Arlington Park neighborhood only, much like the program in place in the Southgate community. Problem 5: Many neighborhood residents are not aware of the Neighborhood Crime Watch Program or the Crime Committee. The citizens need to be informed that such programs exists. BOOK 42 Page 15626 12/01/97 6:00 P.M. BOOK 42 Page 15627 12/01/97 6:00 P.M. Solution 5: (a) Post crime watch signs, including access information, at various stop signs within the neighborhood to notify residents of the existence of the program. (b) Establish for every block in the neighborhood, a block captain, educated properly through the Police Department, who will be responsible for notifying citizens about the crime watch program and who will have direct contact with the neighborhood regarding criminal activities. (c) Establish a section leader who will oversee the block captains and work closely with personnel at the new police substation on Hillview Street and Laurent Place, which will be the training center for participants in the Neighborhood Watch Program. (d) Budget funds for anticipated expenses, i.e., telecommunication tools for cellular patrol and distribution of informational data. (e) Distribute flyers prepared by the Crime Committee to residents of the Arlington Park neighborhood via the City's water bills. Ms. Jones stated that the neighborhood lacks an atmosphere which encourages observance of traffic signs and respect for residents; that "my neighborhood" usually means a place to live where one feels some human sense of belonging and of being part of a society, no matter how small, how large, how poor or wealthy; that neighborhoods are memorable and not just a place where one lives for a period of time; that a stop sign, a speed hump, or an individual abatement intervention will not produce the positive effects sought; that the design and appearance of the streets will provide the best solution; that a comprehensive abatement plan will have the greatest ability of decreasing the speed, lowering nonresidential traffic, and reducing littering while the design of the street will help achieve the goal of being a pedestrian-friendly neighborhood; that "pedestrian friendly" means an encouragement of people to walk, bike, and interact with one another in a safe, beautiful environment; that portions of East Avenue are unsafe; that redesigning the street to include sidewalks, curbs, bike paths, friendly lighting, trees, street signs, and general grooming will assist in meeting the neighborhood's goal. Ms. Jones continued that the team approach has resulted in many successes the City can take pride in and include: the Bayfront, Hillview Street, Osprey and Orange Avenues; that Laurel Park is a recent example of neighborhood interest, well-thought-out plans, and a design generated by community input; that the Southeast Sarasota neighborhood wants to be the next success; and requested Commission support by directing the Administration to work with the Southeast Sarasota Task Force in developing a creative, attractive plan to define the neighborhood. Mr. Moraca stated that the assistance provided by the City's Engineering Staff throughout the process has been extremely helpful; that the following are ideas for achieving the neighborhood's traffic calming goals: lower the number of nonresident vehicles driving on residential streets lower the high speeds of vehicles traveling in the neighborhood make the neighborhood more pedestrian and bicycle friendly use design elements to encourage traffic safety Ms. Moraca stated that some of the design elements being explored include traffic circles with plantings, traffic tables, and small medians; that Commission endorsement of developing a set of "standards" to tie the neighborhood together, i.e., colored street lights and brick paver street corner circles, is requested. Mr. Moraca continued that specific concerns have been identified in the following areas: Hyde Park and Waldemere Street Mr. Moraca stated that much of the east/west traffic travels through the neighborhood from Tuttle to Shade Avenues to access the medical complex around SMH. Bougainvillea, Rose, and Goldenrod Streets Mr. Moraca stated that assistance is necessary on streets at the southern end of the neighborhood which connect Shade Avenue to U.S. 41 and have no interconnecting cross streets to slow traffic. - School Avenue Mr. Moraca stated that one of the more interesting proposals being considered is to. create a bike path on the School Avenue right-of-way from Webber Street south to Siesta Drive, utilizing the 50-foot grass strip to develop a ribbon park and installing raised traffic tables for pedestrian/bicycle crossing, which would also assist in slowing the traffic; that the design is envisioned with the incorporation of fencing, concrete bicycle paths, benches, nice plantings and maintained grass as funds become available. BOOK 42 Page 15628 12/01/97 6:00 P.M. BOOK 42 Page 15629 12/01/97 6:00 P.M. Shade and Tuttle Avenues Mr. Moraca stated that much has been done to improve Shade and Tuttle Avenues, the major north/south routes in the area; that the plantings and speed tables installed on Shade Avenue have lessened the volume and slowed traffic; that several homeowners have made major improvements to their homes as a result; that the project should be completed by adding curbs and gutters in the remaining areas of Shade Avenue. East Avenue Mr. Moraca stated that East Avenue, a north/south route, currently acts as a service road to U.S. 41; that commercial businesses are located on the north end and high-density, multi- family located in the middle; that the fate of the rest of the local area is undecided; that an upgrade to East Avenue could provide long-term benefits to the neighborhood; that currently only short segments of the road have sidewalks; that walking or riding on East Avenue is a dangerous experience; that people are forced to walk in the street with vehicular traffic traveling in both directions; that residents are regularly seen traveling to and from Midtown Medical Laboratory using motorized wheelchairs. Mr. Moraca continued that East Avenue north of Prospect Street, in the commercial area, should be redesigned with the input of current business owners and special consideration given to ensuring easy access to Midtown Medical Laboratory. Mr. Moraca further stated that the proposed center median at Prospect Street and East Avenue could become the entrance to the Southeast Sarasota neighborhood. Mr. Moraca referred to other concerns of the neighborhood as follows: Drainage Mr. Moraca stated that the inadequacy of the drainage system in the neighborhood was noticed following the November 13, 1997, storm event; that eight to nine inches of water remained in many areas for quite awhile. Pedestrian Crossover Mr. Moraca stated that the Task Force may not be the appropriate forum in which to address a pedestrian crossover to access Southside Elementary School; however, the safety of school-aged children who are forced to cross U.S. 41 twice daily is a major concern of parents in the neighborhood. Mr. Snyder stated that the Task Force. intends to complete the traffic calming plan, hold a neighborhood meeting on the plan, and report back to the Commission in February. At the request of Ms. Johns approximately 20 Task Force supporters who were seated in the audience stood and were recognized by the Commission. Mr. Snyder requested that the City Administration assist the Task Force in arranging a meeting with the Sarasota County Parks and Recreation Department to discuss maintenance issues prior to the planned City investment into Arlington Park. Commissioner Cardamone stated that the energy sensed is impressive; that a good sense of pride and community spirit is being developed; that the City is exploring a landlord program on which a presentation to the Commission is expected shortly; that the improvements to Hyde Park Street should serve as a model to other homeowners. Commissioner Patterson asked if an ordinance to limit the parking of vehicles on front lawns is being requested? Mr. Jones stated that such an ordinance would be optimum; however, the real concern is with vehicles crossing over and destroying sidewalks and curbs and ruining the lawns which in turn allows dirt and debris to run off the properties into the street and clog up the stormwater drains; that designated areas for parking should be defined; that the ordinances adopted in Largo, St. Petersburg, and other communities should be explored. Commissioner Patterson stated that the concept is intriguing; however, the creation of hardships is of concerni that many of the homes in Southeast Sarasota only have single-car garages and/or single-width driveways; that a hardship could be created for families with several teenagers who also own vehicles; that support from the neighborhood in favor of making the sacrifices required would have to be shown before she could support the development of an ordinance which limits parking on private property. Mr. Jones stated that parking additional vehicles in a nearby parking lot or on the street are alternatives to parking on the lawn; that properties with numerous vehicles parked on the front lawn negatively affect the values of neighboring properties as well as publicly owned assets. Vice Mayor Dupree stated that the issue raised is valid; however, on-street parking is not an alternative in areas with multi- family dwellings. BOOK 42 Page 15630 12/01/97 6:00 P.M. BOOK 42 Page 15631 12/01/97 6:00 P.M. Mr. Jones stated that property owners in St. Petersburg are required to designate specific areas of a yard in which additional vehicles will be parked; that the safety of children playing in an area is also a major concern when numerous vehicles park on a front lawn in undefined spaces; that spaces can be delineated with mulch or other materials to create low-impact driveway parking and to make passersby aware of the potential for ingress and egress. Commissioner Merrill stated that parking on front lawns and inspections of rental properties are two issues with which the Commission has struggled and on which the Task Force is requesting further review; that the concept of developing a bike path on School Avenue from Webber to Siesta Drive is supported; that the width of East Avenue is inadequate given the proximity to SMH and its location parallel to U.S. 41; that a change in zoning on East Avenue is being considered in the Comprehensive Plan Update; that the Task Force should be involved in the Update process to ensure future changes address the goals of the neighborhood. Mr. Jones stated that the dramatic changes on East Avenue over the past two years have not been positive; that the Task Force intends to provide input in order to prevent a further decline. Commissioner Merrill stated that the enthusiasm of the Task Force members and supporters in the audience is appreciated. Mr. Snyder commended the efforts of City Staff in the Engineering and Police Departments who have worked with the Task Force. Commissioner Cardamone stated that the Task Force has recommended solutions to various problems identified; that the Administration should review the suggestions and provide a response to the Task Force. City Manager Sollenberger stated that receiving the Task Force recommendations in writing is appreciated; that Staff will be directed to review and discuss with the Task Force development of an implementation program for presentation to the Commission; that a meeting between the Task Force and County Staff regarding Arlington Park will be arranged; that the Police Department will be requested to follow up on distribution of the Neighborhood Crime Watch brochures; that the status report was encouraging. 11. CITIZENS' INPUT CONCERNING CITY TOPICS - ADMINISTRATION TO PROVIDE A WRITTEN RESPONSE REGARDING THE CODE ENFORCEMENT PROCEEDING PERTAINING TO 2914 NORTH TAMIAMI TRAIL (AGENDA ITEM VI) #3 (1430) through (1681) The following people came before the Commission: Kenneth Smiley, P.O. Box 6107 (34278), distributed excerpts from the Bible, Chapter 1, Genesis, and Malachi 4. Mayor Pillot stated that the subject indicated on the Request to Speak form does not qualify as a topic for discussion under citizens' Input Concerning City Topics; that the next speaker will be called if Mr. Smiley does not have any comments to make specifically regarding City Topics. Paul Christopher Lambert, 2914 North Tamiami Trail (34234), cited the following from Section 8-304, Zoning Code: Intent and purpose. The North Trail (NT) Zone District is a mix of neighborhood scale commercial; cultural and educational facilities; tourist accommodations and attraction; multifamily residential and mixed uses. Mr. Lambert stated that Code Enforcement has indicated the parking of his truck at 2914 North Tamiami Trail is in violation of the Zoning Code; that a billboard located on the subject property is allowed by special permit; that a truck should be allowed on the same property, which is located in a commercial neighborhood; that a change in the zoning is requested to accommodate his business and the parking of a truck on the property. City Manager Sollenberger stated the Special Master has held a code enforcement hearing on this issue; that final judgment has been withheld until January 1998; that Mr. Lambert met with the Deputy City Manager earlier today; that Timothy Litchet, Manager of Building, Zoning and Code Enforcement, is available for comment. Mayor Pillot stated that the formal code enforcement process should be followed to conclusion; that Mr. Lambert could return to the Commission if the results are not satisfactory. Mr. Lambert stated that he resides and operates his business on site; that the Special Master's recommendation required relocation of his business within 35 days, which is not economically feasible; that he appears before the Commission in an effort to avoid a court case; that packets of information regarding the code enforcement hearing were delivered to the Commission earlier. Commissioner Cardamone stated that the packets were reçeived late in the day. Commissioner Patterson requested a written response from the Administration be provided to the Commission. BOOK 42 Page 15632 12/01/97 6:00 P.M. BOOK 42 Page 15633 12/01/97 6:00 P.M. 12. UNFINISHED BUSINESS: APPROVAL RE: GRANT THREE DRIVEWAY EASEMENTS ACROSS CITY-OWNED PROPERTY AT FIFTH STREET AND EAST AVENUE FOR DEVELOPMENT BY THE HISPANIC AMERICAN ALLIANCE, PROVIDED THE HISPANIC AMERICAN ALLIANCE AND THEIR SUCCESSORS AGREE TO ACCEPT RESPONSIBILITY FOR THE MAINTENANCE OF THE GRASS PORTION OF THE CITY-OWNED PROPERTY - APPROVED WITH STIPULATIONS (AGENDA ITEM VII-1) #3 (1694) through (2370) Donald Hadsell, Director of Housing and Community Development, stated that the request by the Hispanic American Alliance was originally presented to the City Commission on September 15, 1997; that the Commission delayed consideration after objections were raised by the Park East Community Association; that Housing and Community Development Staff subsequently met with representatives of both groups; that a consensus has been reached; that the Association has agreed to a proposal by the Alliance to build four concrete block houses using wood trim and porches to de-emphasize the location of the garages in front; that the Alliance has agreed to construct one house similar to the house at 1650 8th Street, as specifically requested by the Association. Mr. Hadsell referred to and explained the house plans proposed; and stated that the house plans are smaller than those originally proposed; that the two-month delay has allowed for the development of a proposal which is more aesthetically pleasing to the neighborhood but also meets the goals of the Hispanic American Alliance. The following people came before the Commission: Sandra Vaughn, 2135 4th Street (34237), representing Park East Community Association, stated that the houses proposed by the Hispanic American Alliance are more characteristic of existing houses in the neighborhood and are supported; that the Alliance has agreed to incorporate deed restrictions prohibiting parking on front lawns and the conversion of the garages into additional rooms, as a condition of purchase. Ms. Vaughn continued that the lack of attendance by Alliance representatives at neighborhood meetings is a concern; that the Alliance plans to develop 25 new houses in the Park East neighborhood; that the Association meetings should be attended. Commissioner Patterson asked if the deed restrictions could be enforced by the City? City Attorney Taylor stated that the right for the City to enforce the deed restrictions could be incorporated as a condition of approval. Commissioner Patterson asked if the Park East Community Association would be in a position to bring suit to force compliance with the deed restrictions? City Attorney Taylor stated that the four houses proposed will be interrelated; that the instrument prepared granting the easement could also provide the Association the right to enforce the deed restrictions; however, the City could not legally enforce deed restrictions on any of the other properties developed unless requested to do so by the Alliance. Commissioner Cardamone asked the number of residences located in Park East neighborhood? Ms. Vaughn stated that the Association represents over 450 residences located between U.S. 301 and Tuttle Avenue and Fruitville Road to 12th Street; that the target area is Lime Avenue to U.S. 301, Fruitville Road to 12th Street. Vice Mayor Dupree stated that absent additional lighting, sidewalks, and curbs on East and Lime Avenues, the proposed houses will not appear as beautiful as depicted in the drawings presented. Lee Halstead, 2945 51st Street (32434), stated that the houses proposed will blend into the neighborhood well; that a similar house plan will be used when additional houses are constructed in the Park East neighborhood; that the houses are in great demand; therefore, incorporating deed restrictions as referenced will not be a problem; however, enforcement may be difficult as vehicles are currently parked on the front lawns of neighboring properties; that the Hispanic American Alliance is willing to incorporate any deed restrictions the Commission deems appropriate and to stipulate the right for City enforcement. Commissioner Patterson stated that she would feel more comfortable providing for enforcement by the City versus the Park East Community Association since the Association represents property owners who will not be bound by the deed restrictions. Commissioner Cardamone stated that the sale of the houses will not be restricted to Hispanic Americans. Mr. Halstead stated that is correct. City Manager Sollenberger stated that the Administration recommends the City of Sarasota grant three driveway easements across the City-owned property at Fifth Street and East Avenue provided the Hispanic American Alliance constructs the houses described in the report dated November 6, 1997, from Mr. Hadsell to the City Commission, provides the right for City enforcement of the deed restrictions prohibiting vehicular parking on front BOOK 42 Page 15634 12/01/97 6:00 P.M. BOOK 42 Page 15635 12/01/97 6:00 P.M. lawns and conversion of the garages; and that the Alliance's successors agree to accept responsibility for the maintenance of the grass portion of the City-owned property. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to approve the Administration's recommendation. Mayor Pillot stated that he has served for several years on the Board of Directors of the Hispanic American Alliance; that the city Attorney has advised no conflict of interest is created by his non-paid position. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 13. NEW BUSINESS: DISCUSSION RE: PROPOSED RESOLUTION NO. 98R-1020, AFFIRMING THE COMMISSION'S DESIRE FOR THE NATIONAL RAILROAD PASSENGER CORPORATION TO RESTORE PASSENGER RAILROAD SERVICE TO THE BABABOTA-PRADENTON AREA; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM VIII-1) #3 (2380) through (2520) Vice Mayor Dupree stated that this item was agendaed to provide an opportunity for Mr. Walter Diem to address the Commission. Walter Diem, President, Florida Association Railroad Passengers, requested that the Commission pass proposed Resolution No. 98R-1020, affirming support for Amtrak and State officials to provide the Sarasota-Bradenton area with railroad passenger services similar to those proposed for St. Augustine and Daytona Beach, Florida. Deputy City Auditor and Clerk Karen McGowan, Deputy City Auditor and Clerk, read proposed Resolution No. 98R-1020 by title only. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to adopt proposed Resolution No. 98R-1020. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot stated that copies of the resolution will be forwarded to State of Florida Congressional Delegation as well as members of the State of Florida Legislative Delegation, the Secretary of the Florida Department of Transportation, and the Governor. - 14. NEW BUSINESS: REPORT RE: STATUS OF COMPLAINTS ASSOCIATED WITH THE LIFT, LIQUIDS-SOLIDS-VIBES LOCATED ON THE CORNER OF MAIN STREET AND : GULF STREAM AVENUE = ADMINISTRATION TO REPORT BACK WITH RECOMMENDED ACTIONS (AGENDA ITEM VIII-2) #3 (2523) through (3606) John Lewis, Chief of Police, Sarasota Police Department, came before the Commission and stated that Lift, Liguide-solide-vibes, a nightclub which recently began operation on Main Street, received an occupational license for a purported use which is permitted in the applicable zone district; that the Lift also obtained a license to sell beer and wine until 2:30 a.m.; that although the sale of alcoholic beverages ceased, the establishment was remaining open until 5 a.m.; that the noise generated by 200 to 300 people gathering outside the establishment during the early morning hours created problems which resulted in complaints filed with the Sarasota Police Department (SPD); that the owners of Lift have been advised of a new State law which does not allow establishments whose revenues are derived primarily as a result of a beer and wine license to remain open past the times restricted on an alcoholic beverage license; that copies of applicable City ordinances were also provided to the owners; that a citation for unreasonable noise was issued last week; that. the SPD has not responded to calls for service within the last four or five days. Commissioner Patterson stated that the problems experienced at the Lift could continue if the business owner decides not to serve beer and wine; that as the Downtown becomes more and more successful and desirable for people, additional conflicts will arise; that the Administration should take a proactive approach in designing restrictions for properties on the periphery of the Commercial, Central Business District (C-CBD) Zone District to prevent major investments by businesses in certain types of uses on properties located close to condominium complexes, where conflicts are inevitable. Vice Mayor Dupree agreed; and stated that successful businesses in other parts of the City are experiencing similar problems being created by customers who gather outside the establishment; that a proactive approach would be preferred to adoption of ordinances after businesses have made major investments in properties. V. Peter Schneider, Deputy City Manager, stated that Staff has discussed the potential of developing a code amendment which would establish hours of operation in the C-CBD Zone District or for properties within the C-CBD Zone District located within a set distance of residential properties; that an ordinance could be drafted if so desired by the Commission. Mayor Pillot and Commissioner Cardamone expressed strong support for the development of an ordinance to restrict the hours of BOOK 42 Page 15636 12/01/97 6:00 P.M. BOOK 42 Page 15637 12/01/97 6:00 P.M. operation on properties Close to residential properties in the C-CBD Zone District. The following people came before the Commission: Kelly Wade, Co-owner, Lift Liquids-Solids-Vibes, 1145 41st Street (34234), stated that the SPD discussed numerous concerns with the co-owners after citing Lift for a noise violation; that measures have been taken to mitigate the concerns; that controls have been incorporated to prevent volume increases in the decibel levels of sound inside Lift; that barriers have been erected in the rear of the building to prevent people from congregating or parking in the private parking area; that customers are now required to park along the street, which discourages crowd gatherings; that additional staff has been hired to monitor and keep people moving along outside; however, preventing congregation of customers on the sidewalks is difficult. Commissioner Patterson stated that the owners' efforts are appreciated. Adrian Vandenberg, 1255 North Gulf Stream Avenue (34236), stated that he is a resident of Bay Plaza Condominium; that Lift opened in August 1997 and in a short time has become an eyesore of the lower Main Street area; that in addition to the appearance of broken glass panels and burnt plywood on the building, beer bottles and broken glass are found on the streets; that staff from Bay Plaza patrol the streets and clean up the glass on Saturday and Sunday mornings; that vandalism has occurred; that several globes have been removed from the lamps at Bay Plaza and smashed on the street by Lift customers; that the noise heard from customers entering and exiting vehicles on Gulf Stream Avenue between 1 a.m. and 5 a.m. prevents him from sleeping; that customers congregate around vehicles parked on Gulf Stream Avenue and continue drinking after leaving Lift; that the noise over the past weekend ceased at approximately 3 a.m., which is an improvement but far from acceptable; that the staff at Lift, who were asked to request that customers not park on Gulf Stream Avenue after midnight, told him nothing could be done and he should move if the activity was too disturbing; that prohibiting overnight parking on Gulf Stream Avenue is viewed as a potential solution. Hart Wurzburg, 1255 North Gulf Stream Avenue (34236), stated that adequate parking is available at the Bayfront near Marina Jack, from which customers could easily access Lift; that the breaking of bottles and opening and closing of vehicle doors are sudden noises which awaken even sound sleepers; that parking adjacent to Bay Plaza should be prohibited from 10 p.m. to 7 a.m. Mr. Wurzburg submitted a petition signed by approximately 50 residents who occupy. units at the south and west end of Bay Plaza and support prohibiting parking on Gulf Stream Avenue from 10 p.m. to 7 a.m. Craig O'Neil, Promotional Manager and Booking Director, 626 South Owl Drive (34236), stated that Lift wants to be a good neighbor to the residents at Bay Plaza; that prohibiting parking on Gulf Stream Avenue from 10 p.m. to 7 a.m. could be supported if parking remains available at the Bayfront. Mr. O'Neil continued that Lift provides a safe, local place for people between the ages of 18 to 35 to congregate and express themselves; that the Downtown location provides an alternative to traveling on the Interstate to Tampa or holding parties in residential neighborhoods; that Lift provides a venue for the City and other community groups to address a specific demographic group; that Wildlife Rescue has held an event at Lift; that a Pediatric Aids benefit is being scheduled; that the potential exists for an event such as a. winter music conference at which representatives from large corporations in the music industry come and boost the local economy. Mr. O'Neil further stated that "Right to Dance" or RTD is a Statewide movement which supports the music industry; that the right to dance and express oneself while having fun should be preserved; that the concerns regarding Lift can be resolved if all parties work together. : Mayor Pillot stated that Mr. O'Neil's positive input was appreciated. City Manager Sollenberger stated that Staff has discussed the potential of prohibiting overnight parking on Gulf Stream Avenue; that the Administration will prepare a comprehensive report with options for presentation to the Commission. 15. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 98R- 1031 APPROPRIATING $24,287 FROM THE SPECIAL LAW ENFORCEMENT TRUST FUND (FORFEITURES) TO PROVIDE MATCHING FUNDS FOR A BUREAU OF JUSTICE BLOCK GRANT WHICH WILL PURCHASE TECHNOLOGY TO REDUCE CRIME AND IMPROVE PUBLIC SAFETY ADOPTED (AGENDA ITEM VIII-3) #3 (3608) through #4 (0028) City Manager Sollenberger stated that the 'city is required to provide $24,827 in matching funds to receive a Bureau of Justice Block Grant in the amount of $223,446. City Auditor and Clerk Robinson read proposed Resolution No. 98R-1031 in its entirety. BOOK 42 Page 15638 12/01/97 6:00 P.M. BOOK 42 Page 15639 12/01/97 6:00 P.M. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to adopt Resolution No. 98R-1031. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 16. NEW BUSINESS: DISCUSSION RE: BIRD KEY DRIVE ENTRANCE SAFETY STUDY = APPROVED INSTALLATION OF TWO SPEED TABLES AND SIGNAGE AT THE ENTRANCE TO BIRD KEY; DIRECTED ADMINISTRATION TO MONITOR THE EFFECTIVENESS OF THE IMPLEMENTED MEASURES AND REPORT BACK (AGENDA ITEM VIII-4) #4 (0028) through (0107) Asim Mohammed, Assistant City Engineer, came before the Commission and distributed a report relating to the proposed installation of speed tables and signage at the entrance to Bird Key. Commissioner Cardamone asked if the proposed installation of speed tables and signage is supported by the Bird Key Improvement Association, Inc.? Mr. Mohammed stated that a report was presented to members of the Bird Key Improvement Association, who subsequently responded with a letter strongly supporting the proposed installation of speed tables and signage. Commissioner Cardamone asked if the letter is included in the Agenda materials? Mr. Mohammed stated no; that the Board members' unanimous support was indicated in the letter signed by Marvin Lubner, Chairman of the Security Committee of the Bird Key Neighborhood Association; that a copy of the letter will be forwarded to the Commissioners. Commissioner Patterson stated that support for traffic-calming measures was expressed by the President of the Bird Key Improvement Association, during a recent conversation. Mr. Mohammed stated that Mr. Lubner and two other Bird Key residents attended the November 17, 1997, regular Commission meeting at which the proposed traffic-calming measures were scheduled for discussion; however, the meeting was adjourned before the item was addressed; that Mr. Lubner telephoned today to determine the necessity of attending this meeting and was informed that the Association's support for the traffic-calming measures would be represented to the Commission by Staff. Commissioner Patterson stated that letters of support from neighborhood residents should be included in the Agenda materials. city Manager Sollenberger stated that the Administration recommends the installation of two speed tables and signage at the entrance to Bird Key and monitoring the effectiveness of the implemented measures. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to install two speed tables and signage at the entrance to Bird Key and to direct the Administration to monitor and report back on the effectiveness of the implemented traffic-calming measures. Motion carried unanimously (5 to 0): : Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 17. NEW BUSINESS: REPORT RE: STRUCTURE FLOODING DUE TO THE STORM ON NOVEMBER 13, 1997 = DIRECTED THE ADMINISTRATION TO REQUEST COUNTY STAFF TO REPORT ON THE CAUSES OF THE FLOODING AND PROPOSED MITIGATION MEASURES AND PROVIDE ÇOMPARATIVE DATA (AGENDA ITEM VIII-5) #4 (0117) through (0319) City Manager Sollenberger stated that a report on flooding in the vicinity of Bahia Vista Street and in the Phillippi Creek Basin during the November 13, 1997, storm event has been provided for Commission review; that the Administration recommends requesting County Staff to present to the Commission a report regarding the causes of and possible mitigation measures for the flooding. Richard Winters, Engineering Technician V, came before the Commission and stated that numerous structures and streets within the city were flooded as a result of the November 13, 1997, storm event; that a listing of the flooded streets is included in the Agenda materials; that 58 City residents reported structural flooding in an area purportedly protected by the County's expensive celery fields project; that a report to the City Commission by County Staff on the status of mitigation efforts to eliminate or reduce the flooding should be requested. Commissioner Patterson asked if statistics on structural flooding reported during the 1992 storm event are available? Mr. Winters stated that the County was responsible for stormwater drainage control in the Phillippi Creek Basin in 1992. Commissioner Patterson stated that statistics including the number of houses flooded during the 1992 storm event should be presented to the Commission by County Staff; that a comparison between the 1992 and November 1997 storm events should. be developed to determine if structural flooding problems have increased or decreased in the last five years. BOOK 42 Page 15640 12/01/97 6:00 P.M. BOOK 42 Page 15641 12/01/97 6:00 P.M. Mayor Pillot stated that County Staff could be requested to provide a statistical comparison between the 1992 and the November 13, 1997, storm events. Commissioner Cardamone stated that flooding problems in the Phillippi Creek Basin can be traced to 1962 when subdivisions in the area were built; that the structural flooding caused by the November 1997 storm event may be severe as the flooding caused by the 1962 storm event. Mayor Pillot stated that the current level of structural flooding is less severe than in 1962. Commissioner Patterson stated that an article in the Sarasota Herald-Tribune reported statistics comparing the 1992 and November 1997 storm events as provided by the Sarasota Board of County Commissioners; that although the County asserts flooding problems have been mitigated by stormwater drainage improvements implemented since 1992, the mitigation efforts may be inadequate in the City portion of the Phillippi Creek Basin. Commissioner Cardamone stated that the County has emphasized that less than 200 structures flooded in November 1997 whereas massive structural flooding occurred in 1992; that certain flooding problems may not be correctable; that some of the listed properties may be intended for purchase by the County. Mr. Winters stated that the County has identified and intends to purchase and demolish the structures with flooding problems too severe to mitigate with stormwater drainage improvements. Commissioner Cardamone stated that the County Staff should provide information as to whether any of the houses flooded in the November 1997 storm event are intended for purchase. Commissioner Patterson stated that an engineer who lives upstream and travels by boat on the Phillippi Creek recommends dredging the lower, shallow end where the Creek exits into the Bay to mitigate stormwater flooding; that the report to the Commission by County Staff should include the potential mitigating effects of dredging the Phillippi Creek. Commissioner Merrill asked the source of the information used to compile the list of City streets which flooded on November 13, 1997? Mr. Winters stated that the information was compiled from data provided by the County's Immediate Response Team (IRT) and Stormwater Environmental Utility (SEU) and the City's Public Works Department. Commissioner Merrill stated that a vehicle stalled in flood waters on Shade Avenue south of Hyde Park Street; that East Avenue near the Waldemere Fire Station is always impassable in a storm; that neither street is included on the list of flooded streets; that a more comprehensive listing of flooded streets should be developed. Commissioner Merrill continued that the State dredging permit is called a Dredge and Fill Permit; that the State prohibits dredging of new boat canals; that the gambling boat Vegas-N-Venice will be forced to relocate due to actions taken by State and County regulators after discovering the vessel had dredged the bottom of the surrounding waterway; that the environmental consequences of dredging may outweigh the potential benefits. On motion of Vice Mayor Dupree and second of Commissioner Patterson, it was moved to request County Staff to report on the causes of the flooding and proposed mitigation measures and provide comparative data on- the 1992 and November 1997 storm events. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 18. BOARD APPOINTMENTS: APPOINTMENT. RE: BOARD OF ADJUSTMENTS REAPPOINTED JOHN BROWNING; APPOINTED JOYCE MINTZER (AGENDA ITEM IX-1) #4 (0320) through (0351) Mayor Pillot stated that the terms of Frank Conrad and John Browning expire this month; that Mr. Conrad has served two full terms and is not eligible for reappointment; that Mr. Browning is eligible and has expressed an interest in reappointment. Commissioner Patterson nominated Mr. Browning for reappointment. Mayor Pillot stated that hearing no objections, Mr. Browning is reappointed to the Board of Adjustment. Commissioner Cardamone nominated Joyce Mintzer for appointment. Hearing no other nominations, Mayor Pillot announced the appointment of Joyce Mintzer to the Board of Adjustment. Commissioner Cardamone stated that the Mr. Conrad's service to the City on the Board of Adjustment and in other capacities should be recognized formally. City Auditor and Clerk Robinson stated that a Mayor's citation recognizing Mr. Conrad's service will be prepared and presented at a future regular Commission meeting. 19. BOARD APPOINTMENTS: APPOINTMENT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD - REAPPOINTED DONALD DAWKINS AND TERI BERKET; APPOINTED MARY CINER (AGENDA ITEM IX-2) #4 (0352) through (0407) BOOK 42 Page 15642 12/01/97 6:00 P.M. BOOK 42 Page 15643 12/01/97 6:00 P.M. Mayor Pillot stated that the terms of Donald Dawkins and Teri Berket expire this month; that John Bardsley has resigned; that Mr. Dawkins and Ms. Berket are eligible and have expressed an interest in reappointment. Commissioner Cardamone nominated Mr. Dawkins and Ms. Berket for reappointment. Mayor Pillot stated that hearing no objections, Mr. Dawkins and Ms. Berket are reappointed to the Citizens With Disabilities Advisory Board. Commissioner Patterson asked if being physically challenged is a requirement for appointment to the Citizens With Disabilities Advisory Board? City Auditor and Clerk Robinson stated no; that the Board Appointment can be readvertised if a broader choice of candidates is desired. Mayor Pillot nominated Ralph Molby for appointment. Commissioner Patterson nominated Mary Ciner for appointment. Mayor Pillot called for a vote on the nominations. Ralph Molby received 2 votes: Dupree, yes; Pillot, yes. Mary Ciner received 3 votes: Cardamone, yes; Merrill, yes; Patterson, yes. Mayor Pillot announced the appointment of Mary Ciner to the Citizens with Disabilities Advisory Board. 20. BOARD APPOINTMENTS: APPOINTMENT RE: HISTORIC PRESERVATION BOARD - REAPPOINTED WILLIAM MERRILL (AGENDA ITEM IX-3) #4 (0408) through (0434) Mayor Pillot stated that the term held by William Merrill expires this month; that Mr. Merrill is eligible and has expressed an interest in reappointment. On motion of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to reappoint Mr. Merrill to the Historic Preservation Board. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Patterson stated that the vacancy created by the resignation of Kristina Tignor requires an appointment. City Auditor and Clerk Robinson stated that no qualified candidates have applied for appointment; that the vacant seat requiring appointment of a Registered Professional Engineer or General or Specialty Contractor will be advertised again. Commissioner Patterson asked if the Historic Preservation Board is aware of the vacancy? City Auditor and Clerk Robinson stated yes. 21. BOARD APPOINTMENTS: APPOINTMENT RE: NUISANCE ABATEMENT BOARD - REAPPOINTED DOROTHY CLARK AND LINDA HOLLAND (AGENDA ITEM IX-4) #4 (0435) through (0445) Mayor Pillot stated that the terms of Dorothy Clark and Linda Holland have expired; that both are eligible and have expressed an interest in reappointment. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to reappoint Ms. Clark and Ms. Holland to the Nuisance Abatement Board. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 22. BOARD APPOINTMENTS: APPOINTMENT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD = APPOINTED JOSEPH MORACA (AGENDA ITEM IX-5) #4 (0447) through (0462) Mayor Pillot that the term held by Alan Lillie expires this month; that Mr. Lillie has served two full terms and is not eligible for reappointment. Commissioner Merrill nominated Joseph Moraca for appointment. Mayor Pillot asked if Mr. Moraca represented the Southeast Sarasota Neighborhood Association under Scheduled Presentations earlier on the Agenda? Commissioner Cardamone stated yes. Hearing no other nominations, Mayor Pillot announced the appointment of Joseph Moraca to the Parks, Recreation, and Environmental Protection Advisory Board. 23. BOARD APPOINTMENTS: APPOINTMENT RE: PUBLIC ART COMMITTEE REAPPOINTED KATHERINE O'CONNELL AND GERTRUDE KASLE (AGENDA ITEM IX-6) #4 (0464) through (0471) Mayor Pillot stated that the terms of Katherine O'Connell and Gertrude Kasle expire this month; that both are eligible and have expressed an interest in reappointment. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to reappoint Ms. O'Connell and Ms. Kasle to the Public Art Committee. Motion carried unanimously (5 to 0): BOOK 42 Page 15644 12/01/97 6:00 P.M. BOOK 42 Page 15645 12/01/97 6:00 P.M. Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 24. BOARD APPOINTMENTS: APPOINTMENT RE: ROSEMARY DISTRICT REDEVELOPMENT ADVISORY BOARD - REAPPOINTED RICHARD BASS, JENCIE DAVIS, ROY SMITH, AND PAUL THORPE (AGENDA ITEM IX-7) #4 (0472) through (0485) Mayor Pillot stated that the terms of Richard Bass, Jencie Davis, Roy Smith, and Paul Thorpe expire this month; that each is eligible and has expressed an interest in reappointment. Commissioner Cardamone nominated Mr. Bass, Ms. Davis, Mr. Smith, and Mr. Thorpe for reappointment. Mayor Pillot stated that hearing no objections, Ms. Bass, Ms. Davis, Mr. Smith, and Mr. Thorpe are reappointed to the Rosemary District Redevelopment Advisory Board. 25. BOARD APPOINTMENTS: APPOINTMENT RE: VAN WEZEL PERFORMING ARTS HALL COMMITTEE APPOINTED WALT CANNON (AGENDA ITEM IX-8) #4 (0487) through (0519) Mayor Pillot stated that the terms of Michael Pender and Glenda Williams expire this month; that Mr. Pender has served two full terms and is not eligible for reappointment; that Ms. Williams is eligible and has expressed an interest in reappointment. Commissioner Patterson nominated Walt Cannon for appointment. Commissioner Cardamone stated that she intended to nominate Sam Schackow based on his background and experience; however, Mr. Cannon's experience includes serving as a member of the Board of Lincoln Center Theater in New York, New York; that hopefully, Mr. Schackow will allow his application to remain on file for future vacancies. Commissioner Patterson stated that Mr. Cannon's expertise in advertising could be extremely helpful to the Van Wezel Performing Arts Hall Committee. Hearing no other nominations, Mayor Pillot announced the appointment of Walt Cannon to the Van Wezel Performing Arts Hall Committee. 26. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA: THE ADMINISTRATION TO: 1) PROVIDE A REPORT REGARDING THE ARLINGTON STREET CLOSURE AND SEND A COPY TO THE ARLINGTON PROFESSIONAL MEDICAL BUILDING, 2) DRAFT A LETTER REQUESTING THE COUNTY COMMISSION TO ADDRESS THE MAINTENANCE OF THE SELBY LIBRARY BUILDING, AND 3) PROVIDE A STATUS REPORT RELATING TO THE COMMERCIAL VEHICLES ORDINANCE; REQUESTED THE CITY ATTORNEY TO ADVISE THE BAYFRONT CONDOMINIUM ASSOCIATION REGARDING A NEWLY PROPOSED SCALE TO MEASURE NOISE LEVELS: REQUESTED THE CITY AUDITOR AND CLERK TO PREPARE A MEMORIAL RESOLUTION HONORING ANDREW SANDEGREN AND ROBERT PERKINS; ADMINISTRATION TO PROVIDE REPORTS REGARDING THE CHILDREN'S FOUNTAIN ON ISLAND PARK AND THE DEVELOPMENT OF A CITYWIDE STANDARD FOR STREET LIGHTING (AGENDA ITEM X) #4 (0520) through (1519) COMMISSIONER CARDAMONE: A. stated that a letter was received, from Dr. Gregory Dickinson, whose medical practice is located in the Arlington Professional Medical Building; that the letter addresses the City Manager's decision to renew a permit originally granted six months ago to allow the closure of Arlington Street during one phase of a construction project by Sarasota Memorial Hospital (SMH); that Dr. Dickinson is one of the owners of the Medical Building, a condominium occupied by professionals who feel sorely impacted by the street closure and are dismayed that the permit was extended after a letter from the City Manager was received stating no renewal of the permit would be granted absent consultation with the doctors; and asked the rationale for extending the permit? City Manager Sollenberger stated that the permit was extended through March 15, 1998, and includes a penalty clause if Arlington Street is closed beyond that date; that SMH indicated the project would become more labor-intensive and costly if the contractors were required to * relocate on-site dumpsters. Commissioner Cardamone stated that the professionals in the Arlington Professional Medical Building, serving sick people and providing emergency care, have been negatively impacted by the closing of Arlington Street; that the owners of the Medical Building received assurance from the City Manager that they would be consulted if a renewal of the permit was requested by SMH and are extremely upset by the City Manager's actions; that maintaining the current location of dumpsters to lighten the labor workload seems an inadequate reason to keep the street closed. Commissioner Cardamone asked if the City Manager has the authority to renew a street-closure permit? City Manager Sollenberger stated yes. Commissioner Patterson asked when the street-closure permit was renewed? City Manager Sollenberger stated that the street-closure permit was renewed last week. BOOK 42 Page 15646 12/01/97 6:00 P.M. BOOK 42 Page 15647 12/01/97 6:00 P.M. Commissioner Patterson asked if the permit is revocable? City Manager Sollenberger stated yes; that the issue will be reviewed and a report provided to the Commission. Commissioner Cardamone requested a copy of the report be sent to the doctor/owners of the Arlington Professional Medical Building. B. stated that at the July 7, 1997, regular Commission meeting, the Administration was directed to install a fence around the steigervaldt-Jockey Fountain, commonly known as the children's fountain, on Island Park; that a letter from City Manager Sollenberger to Donna Wolf Steigerwaldt indicates the proposed installation will be delayed; that a letter to the editor on the issue was recently published recently in the Sarasota Herald- Tribune; that the letter writer misunderstood the Commission's intent and mistakenly believes the purpose of the fence is to keep unleashed dogs out of the children's fountain. Commissioner Cardamone continued that the issue of children wandering away from the children's fountain was addressed at the July 7, 1997, regular Commission meeting; that one child wandered out onto the rocks totally unsupervised; that a City employee actually caught another child who was about to step off the seawall of the boat basin; that keeping dogs out of the children's fountain was considered as an unintended benefit of installing a fence; that the original and primary reason for suggesting a fence was not to keep the dogs out but to keep the children safely inside the fountain area; that at the same regular Commission meeting, Commissioner Patterson requested enforcement of and amendments to the City's ordinance regulating unleashed dogs at Island Park; that the status of the proposed decorative fence around the children's fountain in Island Park should be clarified. City Manager Sollenberger stated that the discussion at the July 7, 1997, regular Commission meeting relating to children wandering away from the fountain is not recalled. Commissioner Cardamone stated that the nature of the discussion under Agenda Item X, Remarks of Commissioners, as recorded in the meeting minutes is clear; and asked if the decision to install a decorative fence around the children's fountain has been deferred? City Manager Sollenberger stated that installation of the fence has not been deferred as the action was authorized by the Commission; that the Sarasota County Health Department suggested hiring a full- time attendant to watch the children; that the Commission directed the installation of a fence as a substitute for a full-time Staff member; that a decision should be made as to whether a full-time Staff member is necessary or if a fence will suffice. Commissioner Cardamone stated that the problem will most likely be resolved with installation of a low fence which has one or two entrances. City Manager Sollenberger stated that installing a fence is preferable to hiring an attendant; that the situation will be evaluated and a report returned. Commissioner Cardamone stated that an attendant cannot supervise more responsibly than parents; that supervising the large number of children who frequent the fountain would be difficult for one person. COMMISSIONER PATTERSON: - A. stated that a copy of a letter from the City Manager to the Gulf Coast World of Science indicates a letter of credit is inadequate due to conditions attached to the funding; that the only condition referenced in the City Manager's letter is that the donor's funds will not be released until the museum is granted a 20-year lease by the City for the Selby Library building. Commissioner Patterson stated that the Gulf Coast World of Science should be provided a 20-year lease as other lessees willing to make substantial improvements to City properties have been granted leases for 50 years or longer; that the Gulf Coast World of Science intends to invest $2 million into the building currently housing the Selby Library; and requested clarification of other conditions stipulated in the donor's letter of credit? City Manager Sollenberger stated that the "letter of credit" is not a true letter of credit but rather a conditional gift; that the document was reviewed by the City Attorney's Office which determined the document's similarity in nature to the conditioned pledges associated with the John Ringling Centre Foundation; that a letter of credit from a bank should be provided; that the purpose of his letter to the Gulf Coast World of Science is to clarify the insufficiency of the letter of credit and specify that a 20-year lease condition is unacceptable; that the lease term is a policy issue requiring a decision by the Commission which, in the past, has indicated the lease should be limited to five years. Mayor Pillot asked if the lease would include provisions for renewal under conditions satisfactory to the City and the leaseholder? City Manager Sollenberger stated yes; that the lease provides for renewals based upon mutual agreement. BOOK 42 Page 15648 12/01/97 6:00 P.M. BOOK 42 Page 15649 12/01/97 6:00 P.M. Commissioner Patterson stated that the proposed five-year lease would also include a clause allowing termination of the leasehold if the use of the building for a different public purpose is perceived by the city as providing a greater benefit; that the Gulf Coast World of Science will not be able to make the intended improvements if the lease term is limited to five years. Commissioner Merrill stated that the lease term should be reasonable and enable the Gulf Coast World of Science to make planned improvements; that the lease should contain a clause providing the City an ability to retake possession of the property after 20 years with adequate reimbursement to the museum for vested improvements; that a donor will not contribute a substantial amount of funds to a cultural entity limited to a five-year lease term. Vice Mayor Dupree asked if the Gulf Coast World of Science still has the opportunity to provide a letter of credit from a bank? City Manager Sollenberger stated yes. Vice Mayor Dupree asked if the amount required from the museum by the City to enable use of the building could be reduced from the current threshold of $100,000? City Manager Sollenberger stated no; that the operating expenses for the Selby Library building are estimated at approximately $400,000 per year; that the Commission required at least three months operating cash reserve or $100,000 to prove the ability of the Gulf Coast World of Science to generate sufficient capital; that the five-year lease term was determined by the Commission as appropriate due to skepticism regarding the museum's ability to capitalize; that limiting the lease would enable an evaluation of the situation in five years to determine if renewal is in the City's best interest; however, the five-year lease could restrict the museum's ability to raise funds. Commissioner Cardamone stated that the Selby Library building should be repainted; that the view of the building from the Van Wezel Performing Arts Hall is embarrassing. Commissioner Patterson stated that the Commission should request the Administration to forward a letter respectfully requesting the County Commission to address the maintenance of the current Selby Library building. Mayor Pillot stated that hearing no objections, the Administration is directed to draft a letter requesting the County Commission to address the maintenance of the exterior of the current Selby Library building. B. stated that a letter was received from Tom VanZandt, President of the Bayfront Condominium Association, regarding new standards for measuring noise levels as indicated in the proposed ordinance developed by Mark Singer, Attorney, city Attorney's Office; that the letter indicates the existing decibel standards will be replaced by a scale calculated to measure all sounds; and asked for clarification. City Attorney Taylor stated that the existing allowable noise level of 70 decibels as measured by the decibel A-weighting (dBA) will be retained in the proposed ordinance; that the low-frequency, beat-thumping bass sounds will be calculated by a newly proposed scale; that a new method of measuring different types of noise not yet addressed by ordinance will be established; that the City Attorney's Office will respond to Mr. VanZandt's letter. Commissioner Patterson stated that raising the existing 70 dBA noise level to 75 dBA may be feasible if the newly proposed scale can be used to eliminate low-trequency, beat-thumping bass sounds; however, actual tests should be taken and the results evaluated. C. stated that a memorial resolution honoring the major contributions to the community by Andrew Sandregen, former member of the Sarasota Board of County Commissioners, and Robert Perkins, Executive Director of the Selby Foundation should be prepared. Mayor Pillot stated that a memorial resolution will be presented at the December 15, 1997, regular Commission meeting. D. requested information regarding the status of the commercial vehicle ordinance. City Manager Sollenberger stated that a status report will be provided. VICE MAYOR DUPREE: A. stated that although Staff efforts to repair and maintain stormwater drains are appreciated, a blockage of drains along 18th Street caused a flooding problem at J.H. Floyd Sunshine Manor; that the blockage was caused by pipes on 19th Street covered with debris; that the matter has been brought to the Administration's attention. B. stated that the poor lighting on East and Lime Avenues is a concern; that a survey of lighting from U.S. 41 east to the railroad tracks and from Fourth Street to 22nd Street has been conducted; that Commission support is requested to direct the Administration to develop a BOOK 42 Page 15650 12/01/97 6:00 P.M. BOOK 42 Page 15651 12/01/97 6:00 P.M. Citywide standard for street lighting particularly in high-crime areas. City Manager Sollenberger stated that street lights for East and Lime Avenues were ordered approximately 30 days ago; that Florida Power and Light (FPL) installs lighting 60 to 90 days after receiving the request. Vice Mayor Dupree stated that a Citywide standard for street lighting should be developed for parks and high-crime areas and implemented within a specific time frame. City Manager Sollenberger stated that Staff has been directed to develop a Citywide standard for street lighting and report back. Commissioner Patterson stated that complaints received from Laurel Park residents indicate the lighting on Osprey Avenue is too bright; that lower-level bulbs may resolve the problem. City Manager Sollenberger stated that the street lights were selected by the Laurel Park Neighborhood Association. Duane Mountain, Streets, Landscape Maintenance and Solid Waste Manager, came before the Commission and stated that the Laurel Park Neighborhood Association is circulating a petition requesting a reduction in the level of lighting; that the brightness of the lighting can be reduced by installing smaller bulbs or shields inside the lamps; that the level of lighting on Osprey Avenue will be reduced when the neighborhood's official response is received. C. stated that the Park East Community Association is requesting the City develop a park in the neighborhood. Commissioner Patterson asked if Local Option Sales Tax (L.0.S.T.) funds have been allocated to develop a park in East Sarasota? City Manager Sollenberger stated yes. Commissioner Cardamone stated that removing structures identified as frictional housing could provide land centrally located in the Park East neighborhood for a wonderful park. Commissioner Patterson stated that the L.0.S.T. funds are not yet available. City Manager Sollenberger stated that the L.O.S.T. funds will be allocated to develop one or more parks in East Sarasota; that no final decision regarding the location of the parks has been made; that the newly created Department of Neighborhoods and Redevelopment will provide input. MAYOR PILLOT: A. requested a status report regarding the lawsuit pertaining to the L.O.S.T. referendum. city Attorney Taylor stated that a strategy meeting is scheduled this week; that Mark Singer, City Attorney's Office, is the liaison with the County Attorney's Office which has requested a meeting with the City; that the County is expected to propose that concerned governmental entities join in the litigation if so authorized by the various Commissions; that exact details are unavailable at this time; that a report will be returned. B. stated that an article in the Los. Angeles Times reported that a councilman in the Town of Simi Valley, California, concerned about adult entertainment businesses infiltrating the community proposed a tax, i.e., $20, to gain admission to such establishments; that an uproar regarding Constitutional rights issues was immediately raised; that the councilman justified the widely supported recommendation by asserting the tax would be required to offset increased costs of law and code enforcement; that law and code enforcement officers could conduct inspections every day if such establishments infiltrate Sarasota; that enforcement costs would be estimated and presented as a legitimate reason to impose the tax; that the Town Council of Simi Valley agreed to study the recommendation to charge adult entertainment businesses an extra tax; however, American Civil Liberties Union (ACLU) attorneys immediately dismissed the recommendation as unconstitutional. 27. OTHER MATTERS/ADMINISTRATIVE OFFICERS - POSTPONED TO A REGULAR COMMISSION MEETING A DECISION REGARDING THE LEASE TERM WITH GULF COAST WORLD OF SCIENCE (AGENDA ITEM XI) #3 (1520) through (1759) CITY MANAGER SOLLENBERGER: A. stated that under Remarks of Commissioners, the term of the proposed lease with the Gulf Coast World of Science for the Selby Library was referenced earlier; however, no decision was made as to whether the lease term should be five or twenty years; that Commission direction is requested. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to direct the Administration that any lease drafted with the Gulf Coast World of Science be for a minimum of 20 years. Mayor Pillot stated that the motion will not be supported as the Administration's decision to limit the lease to five years should BOOK 42 Page 15652 12/01/97 6:00 P.M. BOOK 42 Page 15653 12/01/97 6:00 P.M. not be overruled; that sufficient data required to consider the ramifications of granting a 20-year lease is not available. Commissioner Patterson stated that the City Manager does not feel overruled. Mayor Pillot stated that the City Manager's recommendation was to draft a five-year lease with the Gulf Coast World of Science. City Manager Sollenberger stated that the details of the decision limiting the lease term to five years are not recalled; that the rationale for limiting the lease to five years is to provide the Commission opportunity to evaluate the museum's ability to successfully capitalize operating costs; that the lease would not be renewed if the museum is unsuccessful after five years; however, limiting the lease term to five years will inhibit fund-raising efforts; that the lease term should be determined by the Commission. Mayor Pillot stated that the five-year lease would be renewed if the Gulf Coast World of Science is successtul; that prospective donors would not wish to contribute to a cultural entity which cannot achieve solvency in five years; that limiting the lease term to five years should not deter thoughtful donors. Commissioner Patterson stated that she disagrees; however, the reasons have already been stated. Commissioner Merrill stated that many donors want reassurance that the funds will be used to produce a long-term benefit; that a donor interested in contributing to the $1 million renovation costs will reconsider the donation if the lease term is limited to five years; that a five-year lease term will have a major negative impact on the ability of the Gulf Coast World of Science to raise funds. Commissioner Cardamone stated that the issue will be addressed in January 1998; that the donor to the Gulf Coast World of Science should be requested to provide a more substantial letter of credit; that the entire matter including lease terms should be agendaed at a regular Commission meeting. Commissioner Cardamone continued that contributions up to the $2 million required to renovate the building will not be donated to a children's museum if the possibility exists that the museum will not be allowed to remain after five years; that she would not donate under those circumstances; that the Gulf Coast World of Science must meet the original $100,000 obligation required by the City and then begin a major capital campaign. Commissioner Patterson stated that one donor pledging $50,000 has stipulated the funds will be contributed only if the Gulf Coast World of Science is granted a 20-year lease by the City; that the gauntlet thrown down by the City may be impossible for the museum to meet. On motion of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to postpone action regarding the lease term for the Gulf Coast World of Science until the item is agendaed by the City Manager. Commissioner Merrill stated that the decision to provide a 20-year lease to the Gulf Coast World of Science should be advertised to allow public input at a regular Commission meeting. Mayor Pillot called for a vote on the motion. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, no; Pillot, yes. CITY AUDITOR AND CLERK ROBINSON: A. stated that the following two special Commission meetings are scheduled: December 3, 1997 Selection of a consultant to 9 a.m. perform the Financial Sustainability Study December 8, 1997 Public hearings on noise, 7 p.m. open-air dining, and sidewalk cafe ordinances 28. ADJOURN (AGENDA ITEM XII) #4 (1760) There being no further business, Mayor Pillot adjourned the regular meeting of December 1, 1997, at 11:30 p.m. - 2 GÉNE PILLOT, MAYOR: SOTA ATTESTS Gls BILLY, E ROBINSON, CITY AUDITOR AND CLERK - 6XP 4 90 - BOOK 42 Page 15654 12/01/97 6:00 P.M.