MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 7, 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 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: RECOGNITION OF THE CONTRIBUTIONS OF DR. MARK KAUFFMAN AND MR. DAVID BAND TO DOWNTOWN REDEVELOPMENT THROUGH THE REVITALIZATION OF THE MAIN STREET PLAZA AND CONSTRUCTION OF THE COBB HOLLYWOOD 20 CINEMA #1 (0000) through (0159) City Manager Sollenberger stated that approximately six years ago when the Main Plaza and Maas Brothers department store closed speculation as to the future of the property was raised; that the speculation ceased in May 1997 with the opening of the Cobb Hollywood 20 Cinema and a new Main Plaza, a wonderful, mixed-used entertainment center; that the project has been well-received by the public and will serve as a catalyst for further redevelopment in the eastern portion of Downtown; that the project was made possible by Dr. Mark Kauffman and David Band. Mayor Pillot requested that Dr. Kauffman and Mr. Band join him before the Commission. Mayor Pillot stated that all of the City Commissioners and a large part of the general population have had the pleasure of frequenting the new complex; and requested Dr. Kauffman to explain the tradition in which the Commissioners participated earlier today. Dr. Kauffman stated that an important wall has been designated at the Cinema where 40 hand prints, including those of the Mayor, City Commissioners, the City Manager, himself, Mr. Band, and other major contributors to the Sarasota Ballet and Asolo Performing Arts are displayed. Mayor Pillot read in its entirety and presented individual framed plaques to Dr. Kauffman and Mr. Band recognizing the social, cultural, and economic importance revitalization of Sarasota Main BOOK 42 Page 14852 07/07/97 6:00 P.M. BOOK 42 Page 14853 07/07/97 6:00 P.M. Plaza and the Cobb Hollywood 20 Cinema is to the Downtown, to the entire City of Sarasota, and to the surrounding communities. 2. APPROVAL RE: MINUTES OF THE JOINT MEETING OF THE SARASOTA CITY COMMISSION AND THE SARASOTA BOARD OF COUNTY COMMISSIONERS OF MAY 19, 1997, REGULAR CITY COMMISSION MEETING OF JUNE 16, 1997, AND SPECIAL SARASOTA CITY COMMISSION MEETING OF JUNE 24, 1997 = APPROVED AS MODIFIED (AGENDA ITEM I-1,-2,-3) #1 (0159) through (0209) Mayor Pillot asked if the Commission had any changes to the minutes. City Auditor and Clerk Robinson stated that pages 29 through 34 of the minutes of the regular City Commission meeting of June 16, 1997, have been revised to reflect an accurate summary of the motion and substitute motion pertaining to the reallocation of funds for proposed projects funded through a ten-year extension of the Local Option Sales Tax (L.0.S.T.) and to delete reference to Mayor Pillot's voting on motions regarding the same subject. Commissioner Patterson stated that the following changes are also necessary in the minutes of the regular City Commission meeting of June 16, 1997: Page 48 the term "stormwater" should replace the term "dredging" in the two references to the project for the North Fork Mayor Pillot stated that hearing no objections, the minutes of the joint meeting of the Sarasota City Commission and the Sarasota Board of County Commissioners of May 19, 1997, regular City Commission meeting of June 16, 1997, as modified, and special City Commission meeting of June 24, 1997, are approved by unanimous consent. 3. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF JUNE 4, 1997, AND SPECIAL MEETING OF JUNE 18, 1997 - RECEIVED; SET PROPOSED ORDINANCE NO. 97-3995 FOR PUBLIC HEARING; CONSENSUS IN FAVOR OF ASSIGNING ENGINEERING STAFF TO ASSIST PBLP DURING OUASI- JUDICIAL PUBLIC HEARINGS (AGENDA ITEM II) #1 (0209) through (0362) Michael Taylor, Deputy Director of Planning and Development, and Judson Boedecker, Vice Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Mr. Boedecker presented the following items from the Planning Board/Local Planning Agency's regular meeting of June 4, 1997, and special meeting of June 18, 1997: Proposed Ordinance No. 97-3995 Prohibition of Gambling Boats in the Marine Park (MP) Zone District Mr. Boedecker stated that proposed Ordinance No. 97-3995 prohibits the boarding of passengers and the docking and mooring of boats in the MP Zone District unless necessary for fueling or for emergency stops; that the PBLP found proposed Ordinance No. 97-3995 consistent with the Sarasota City Plan and recommends approval to the City Commission. Commissioner Cardamone asked if the ordinance will apply to the entire MP Zone District or only the area surrounding Marina Jack? City Attorney Taylor stated that the prohibition will apply to the portion of Sarasota Bay located within the corporate limits of the City of Sarasota. City Manager Sollenberger stated that the Administration recommends setting proposed Ordinance No. 97-3995 for public hearing. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to set proposed Ordinance No. 97-3995 for public hearing. Motion carried unanimously (5 to 0) : Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Request for Staff Assignment Mr. Boedecker stated that the PBLP is concerned with making quasi-judicial determinations absent sufficient information regarding internal or external traffic circulation for developments; that assignment of an Engineering Department Staff member to attend and to provide the PBLP with guidance and expert testimony regarding traffic issues during quasi-judicial public hearings is requested. city Manager Sollenberger stated that the PBLP's request is viewed as appropriate and supported by the Administration. Mayor Pillot stated that hearing no objections, the Commission supports the assignment of an Engineering Staff member to assist the PBLP during quasi-judicial public hearings. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to receive the board report of the PBLP's regular meeting of June 4, 1997, and special meeting of June 18, BOOK 42 Page 14854 07/07/97 6:00 P.M. BOOK 42 Page 14855 07/07/97 6:00 P.M. 1997. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Patterson stated that the Commission will be considering board appointments to the PBLP later in the agenda; and publicly thanked Mr. Boedecker for the efforts and contributions made during his many years of service on the PBLP. Mr. Boedecker stated that serving on the PBLP has been a privilege and a wonderful experience. Mayor Pillot stated that the PBLP is one of the most time- consuming, difficult, and important advisory boards in the City; that Mr. Boedecker's years of service have been a major contribution. 4. CONSENT AGENDA NO. 1: ITEM NOS. 1,2,3,4, AND 5 - APPROVED; ITEM NO. 6 - APPROVED WITH AUTHORIZATION FOR THE CITY ATTORNEY TO MODIFY LANGUAGE UNDER ADDENDUM B (AGENDA ITEM III-A) #1 (0367) through (0545) Commissioner Cardamone requested that Item No. 6 be removed for discussion. 1. Approval Re: Set for public hearing proposed Ordinance No. 97-4004, pertaining to gambling boats; creating Section 21-92, Sarasota City Code, prohibiting the boarding of passengers upon, and the docking or mooring of, gambling boats within the City limits of the City of Sarasota; setting forth findings; repealing ordinances in conflict; providing for the severability of the parts hereof if declared invalid; etc. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Interlocal Agreement between the City of Sarasota, Manatee County and Sarasota County for the construction by the City of an emergency potable water interconnection 3. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract with Jon F. Swift, Inc., Sarasota, Florida, (Bid #97- 70) in the amount of $300,977 for the construction of sidewalks, pavilions, landscaping, lighting, street furniture and miscellaneous improvements of Whitaker Gateway Park, Phase II 4. Approval Re: Award of contract and authorize the Mayor and city Auditor and Clerk to execute a contract with Centerline Road Striping, Inc., Bradenton, Florida, in the amount of $43,595.50 for the completion of the North/South Bicycle Lanes, Phase I - City Engineer Daughters 5. Approval Re: Amendments to the 1993-94 Community Development Block Grant to provide funding for the basketball court lighting and the purchase of the property located at 1322 Dr. Martin Luther King, Jr. Way and that the remainder of the amendment be denied to permit the funds to be used for the renovation of the Bethel Villa Apartments On motion of Vice Mayor Dupree and second of Commissioner Patterson, it was moved to approve Consent Agenda No. 1, Items 1 through 5, inclusive. Motion carried unanimously (5 to 0): : Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 6. Approval Re: Authorize the administration to purchase the Ivory property located at 1322 Dr. Martin Luther King, Jr. (MLK) Way for $50,000, subject to an environmental study being performed on the property and the results of that study being favorable Commissioner Cardamone requested an explanation of the City's purpose in purchasing the Ivory property? City Manager Sollenberger stated that the unattractive appearance of the building on the subject property, which was an attempt at a remodeling that has remained in an unfinished state for many years, is incompatible with the surrounding neighborhood and detracts from the appearance of Dr. MLK Way; that the Administration proposes acquiring the property, razing the building, adjoining the property to the adjacent City-owned parcel, and developing a turf parking area for use during events at Dr. Martin Luther King, Jr. Park and to provide an aesthetically pleasing open space area which will assist in upgrading the neighborhood. City Attorney Taylor cited the following from Addendum B of the contract: Buyer agrees to pay Sellers' mortgage amount of $384 per month beginning September 1 if closure does not occur on August 29, 1997 City Attorney Taylor stated that the language in Addendum B is open-ended; that more restrictive language is necessary; that the standard clause regarding an environmental assessment has been included in the contract; that the City should not be required to pay damages, e.g., the seller's mortgage, if an environmental problem is identified; that the addendum should not be applicable if the contract is canceled because of the seller's inability to BOOK 42 Page 14856 07/07/97 6:00 P.M. BOOK 42 Page 14857 07/07/97 6:00 P.M. perform and should apply for a set period of time and only in those circumstances where an act or omission not otherwise provided for in the contract delays the closing; and requested authorization to modify the language to protect the City's interest. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve Consent Agenda No. 1, Item No. 1, with the understanding the City Attorney will modify Addendum B of the contract as necessary to protect the City's interest. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 5. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 97R-984) - ADOPTED; ITEM 2 (RESOLUTION NO. 97R-989) - ADOPTED; ITEM 3 (RESOLUTION NO. 97R-990) - ADOPTED; ITEM 4 (ORDINANCE NO. 96-3928) = ADOPTED; ITEM 5 (ORDINANCE NO. 97-3996) - ADOPTED; ITEM 6 (ORDINANCE NO. 97-4000) = ADOPTED; ITEM 7 (ORDINANCE NO. 97-4002) - ADOPTED; AND ITEM 8 (ORDINANCE NO. 97-4006) - ADOPTED (AGENDA ITEM III-B) #1 (0554) through (0710) City Auditor and Clerk Robinson read proposed Resolution Nos. 97R-984, 97R-989, 97R-990, and Ordinance Nos. 96-3928, 97-3996, 97-4000, 97-4002, and 97-4006 by title only. 1. Adoption Re: Proposed Resolution No. 97R-984, accepting reports of abatement of nuisances, and costs incurred, pertaining to the demolition of buildings or structures in accordance with the Standard Unsafe Building Abatement Code as adopted by the City; directing the assessment of liens against the real property upon which such costs were incurred; providing for the recording of said assessments in the City's "Assessment Book for Local Improvements" and in the Official Records of the Clerk of Circuit Court in and for Sarasota County; providing for the accumulation of interest on said liens; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 97R-989, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; etc. (Title Only) 3. Adoption Re: Proposed Resolution No. 97R-990, accepting reports of abatement of nuisances, and costs incurred, pertaining to the demolition of buildings or structures in accordance with the Standard Unsafe Building Abatement Code as adopted by the City; directing the assessment or liens against the real property upon which such costs were incurred; providing for the recording of said assessments in the City's "Assessment Book for Local Improvements" and in the Official Records of the Clerk of Circuit Court in and for Sarasota County; providing for the accumulation of interest on said liens; etc. (Title Only) 4. Adoption Re: Second reading of proposed Ordinance No. 96-3928, amending Article IX of the Zoning Code, to provide that certain existing nonconforming uses located in residential zone districts shall be exempted from the provision of the Zoning Code which require the termination of nonconforming uses after a reasonable amortization period; making findings as to need; repealing ordinances in conflict; providing for severability of the parts hereof; etc. (Title Only) 5. Adoption Re: Second reading of proposed Ordinance No. 97-3996, to conditionally rezone from RMF-2 and RSF-3 Zone District to RMF-3 Zone District and to approve Final Site and Development Plan 97-PSD-06 to permit the construction of an assisted living facility on property located on the northeast corner of Lockwood Ridge Road and Fruitville Road with a street address of 3253 and 3257 Fruitville Road, Sarasota, Florida; more particularly described herein; etc. (Title Only) 6. Adoption Re: Second reading of proposed Ordinance No. 97-4000, establishing the boundaries of the City as required by Article I, Section 3, Charter of the City of Sarasota (1996); adding to the municipal boundaries those areas annexed into the City in 1996; setting forth finding; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) 7. Adoption Re: Second reading of proposed Ordinance No. 97-4002, amending Chapter 33 of the City Code; providing for the impoundment of motor vehicles used to facilitate prostitution or drug related crimes; providing for notice and hearings to be conducted within certain time limitations; providing for imposition of a civil penalty for the use of motor vehicles to facilitate prostitution or drug related crimes; providing for recovery of towing and storage charges; providing for the severability of parts hereof; repealing ordinances in conflict; etc. (Title Only) 8. Adoption Re: Second reading of proposed Ordinance No. 97-4006, pertaining to the assessment of fines for BOOK 42 Page 14858 07/07/97 6:00 P.M. BOOK 42 Page 14859 07/07/97 6:00 P.M. excessive false fire alarms located within the City; providing for the effectiveness and enforceability of County Ordinance No. 97-036; providing for an affirmative finding that such County ordinance is not in conflict with any City ordinance; providing for the repeal of Chapter 4, Article II, Fire Prevention and Protection, Fire Alarms, Section 4-2 thru 4-5, inclusive, relating to fire alarms; repealing ordinances in conflict; etc. (Title Only) On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to adopt Consent Agenda No. 2, Items 1 through 8, inclusive. 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. 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. 6. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-4003, ESTABLISHING A MORATORIUM ON THE ACCEPTANCE, PROCESSING AND ISSUANCE OF DEVELOPMENT PERMITS FOR THE CONSTRUCTION OF COMMERCIAL WIRELESS TELECOMXUNICATION FACILITIES FOR SIX (6) MONTHS FROM JUNE 16, 1997 TO DECEMBER 16, 1997; SETTING FORTH FINDINGS AS TO THE NEED FOR AND PUBLIC PURPOSE SERVED BY SUCH A MORATORIUM; PROVIDING FOR EXCEPTIONS; DEFINING TERMS; PROVIDING FOR A STUDY; PROVIDING FOR ENFORCEMENT; : REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) PASSED ON FIRST READING WITH THE TERM "ANTENNA" TO BE DEFINED PRIOR TO SECOND READING AND AN UNDERSTANDING THE ZONING CODE AMENDMENT TO ADOPT NEW REGULATIONS WILL BE EXPEDITED (AGENDA ITEM IV-1) #1 (0720) through (2375) City Attorney Taylor referred to a memorandum dated June 10, 1997, from Paul Costanzo, Chief Planner, to the Mayor and City Commission which provided background information, an outline of existing regulations in the City's codes pertaining to telecommunications, and the following: In summary, Staff recommends a six-month moratorium on the construction of wireless telecommunications towers as the minimum time necessary for the following reasons: The existing zoning regulations do not adequately address the unique needs and impacts of wireless telecommunication towers and expose the City to potential legal challenges. Tower requests need to be deferred while appropriate revisions are developed and adopted as an amendment to the Zoning Code. Many of the surrounding municipalities and Sarasota County have similar concerns and the feasibility of an intergovermmental work group should be explored. This type of work group could be invaluable to share experiences, concerns, and recommended regulatory strategies. The moratorium will allow time for review and comment on proposed ordinance revisions by all affected parties, including providers, the public, and a possible staff consultant The moratorium will also ensure that code changes will not need to be rushed through and that all the issues can be completely examined. The moratorium will give the City a chance to adopt a comprehensive policy on the use of City-owned land for wireless telecommunications facilities and ensure that all requests are handled on a consistent basis. City Attorney Taylor stated that the proposed ordinance was drafted with assistance from the consultants hired to assist the City in negotiating a Franchise Renewal Agreement with Comcast Cable; that the terms commercial wireless telecommunication facility, development permit, and tower have been defined under Section 3 of the proposed ordinance; and cited the following definition for the term "tower": a guyed, monopole, or self-supporting tower taller than nine feet constructed as a free-standing structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving television, radio, digital, microwave, cellular, telephone, or similar forms of electronic communication City Attorney Taylor stated that proposed Ordinance No. 97-4003 establishes a moratorium on the process and issuance of development permits for construction of commercial wireless telecommunication facilities for six months, from June 16 to December 16, 1997, to provide the City the opportunity to develop and enact zoning regulations applicable to such facilities; that the proposed ordinancé includes numerous prefaces outlining the BOOK 42 Page 14860 07/07/97 6:00 P.M. BOOK 42 Page 14861 07/07/97 6:00 P.M. need for the City to take time out and develop regulations which will prevent the expected increase in the number of commercial wireless telecommunication facilities over the next decade from becoming a blight on the community; that six months has been upheld in a court decision as a reasonable time period for a moratorium. City Attorney Taylor continued that the moratorium will not apply to the following: (a) Any existing commercial wireless telecommunication facility replacement or repair; or (b) Amateur radio antennas; or (c) Adding an antenna to an existing structure or tower, provided that the antenna extends less than 20 feet above the roof line of the structure or tower and the height of the existing structure or tower remains unchanged. City Attorney Taylor stated that the City Attorney's Office has received input from service providers; that many new service providers have plans which have not come to fruition; that one of the new service providers which was requesting an exemption from the moratorium could not provide specifics as to the height or size of planned telecommunications structures and antennas. Commissioner Patterson stated that the referenced new provider could lease space from an owner/operator of an existing telecommunications tower during the moratorium. City Attorney Taylor stated that is correct. Mayor Pillot opened the public hearing. The following people came before the Commission: Lee Barnard, 1549 Ringling Boulevard (34236), representing Pinnacle Tower, stated that Pinnacle Tower has facilities located throughout the southeastern United States; that the Cities of Tampa and Orlando, Florida, which have been in the process of updating their zoning codes to regulate telecommunication facilities over the past two years, decided not to deprive citizens in the area of new, inexpensive technology by establishing a moratorium; that as a result, wireless service rates can be achieved for as low as 10 cents per minute in Tampa. Mr. Barnard continued that the City of Sarasota can regulate telecommunications facilities without bringing the wheels of progress to a halt; that an entire road is not closed when new road construction occurs; that alternative approaches are developed to maintain access on the road; that the telecommunications industry is willing to work with City Staff in the development of regulations for telecommunications facilities in the City of Sarasota; that the existing Zoning Code requires public hearings for the placement of telecommunications towers in virtually all the zone districts, which allows the city Commission to deny requests for construction of telecommunications towers deemed inappropriate; that a moratorium is not necessary; that contrary to popular opinion, service providers prefer co-location over construction of new, expensive telecommunications towers. Mr. Barnard further stated that service providers have invested substantial funding in obtaining the licenses required and equipment necessary to make their systems operational; that time is of the essence; that citizens will enjoy less expensive rates the sooner new telecommunications facilities can be established and the new service providers begin operating; that the City's concerns can be resolved without a moratorium. John Hill, Vice President of Marketing, and Brad Akison, Director of Engineering, representing Paradise Cable and Paradise Skylinks, 6072 Clark Center Avenue Suite #2 (34238). Mr. Hill stated that Paradise Cable is initiating a new product called Paradise Skylinks; that four test sites for the Skylinks system will be operational by the end July 1997; that 10 megabytes per second download through wireless communications on the Internet or through a local loop modem will be offered; that the service will allow a physician to view vital signs or the results of Magnetic Resonant Imaging (MRI) from his home on the computer at 3 a.m.; that in excess of $0.25 million has been committed to the Skylinks system, which is scheduled to come on- line during the proposed six-month moratorium; that the moratorium will hinder Paradise Cable's ability to deliver a new, innovative, and useful service to professionals by prohibiting the installation of an antenna at a user's site; that the Federal Telecommunications Act of 1996 actually pre-empts the City from taking the action proposed. Mr. Hill referred to and submitted for the record a summation of the April 18, 1997, Federal Communications Commission (FCC) State and Local Advisory Committee meeting at which the issue of tower siting and new challenges facing local zoning authorities and the FCC with rapid build-out of personal communications service (PCS) and digital television was discussed. Mr. Hill referred to and submitted for the record an August 1996 FCC Fact Sheet which contained the following regarding placement of antennas: The new rule prohibits restrictions that impair the installation, maintenance or use of antennas used to BOOK 42 Page 14862 07/07/97 6:00 P.M. BOOK 42 Page 14863 07/07/97 6:00 P.M. receive video programming. These antennas include direct broadcast satellites (DBS), and antennas used to receive multipoint distribution (wireless cable) providers (MMDS). Mr. Hill referred to and submitted for the record an FCC Fact Sheet dated April 23, 1996, regarding new national wireless tower siting policies. Mr. Hill stated that Paradise Cable is an MMDS service provider for high speed data and television; that the City Attorney's Office could not be provided specific height requirements because the antenna proposed for the Skylinks system has to clear the tree line; that the height of the antenna will vary, e.g., between 2 feet and 30 feet above the roof line, depending on the height and density of trees at the user's site; that the transmitter is positioned on a 192-foot-high telecommunications tower on Clark Road; that a direct line of site from the transmitter to the antenna at the receiving site is required. Mr. Akison displayed the Skylinks antenna, which was rectangular in shape and resembled had a "grill" appearance. Mr. Hill stated that users currently pay $600 per month for television subscription of a T-1 line to receive high-speed data; that beginning in August 1997, Paradise Cable will be able to offer the business community the same service through Skylinks for approximately $200 per month; that lower prices, e.g., $35 per month, will be established for Internet service restricted to downloads of 500 kilobytes per second; that Comcast Cable already has an operational high-speed modem system; that Paradise Cable wants to compete with Comcast Cable by offering a similar service; that restricting the height of antennas permitted at the user's site will prohibit the development of the Skylinks system; that the proposed moratorium is opposed. Commissioner Cardamone stated that a user, e.g., residing in Harbor Acres, which has tremendously large trees, would require installation of a pole high enough above the roof line to receive transmissions from the Clark Road facility. Mr. Hill stated that is correct; that Paradise Cable has filed for a new transmission site in Venice to allow for positioning of a transmitter at the 500-foot level, which would make the line of site lower; that efforts are being made to address the problem of antenna heights required to receive service. Dana Young, Attorney, Law Firm of Fowler, White, Gillen, Boggs, Villareao, and Banker, 501 East Kennedy Boulevard #1700, Tampa (33602), representing American Portable Telecom (APT), stated that APT is a wireless telecommunications service provider; that approximately $500,000 is required to go through the zoning process and construct a transmission tower; that the approval process is costly and time-consuming; that co-location and placement of antennas on existing structures is preferred; that inclusion of language in the proposed ordinance which provides service providers the ability to continue siting antennas on existing structures during the proposed moratorium is appreciated; that the City's desire to work with the industry to develop good, workable regulations is also appreciated; however, APT is not in favor of a moratorium; that the length of the proposed moratorium is APT's main concern; that consideration of a three-month period is requested if a moratorium will be enacted; that representatives in the telecommunications industry will provide technical data to and work diligently with City Staff to develop workable regulations; that the moratorium could be extended if acceptable regulations are not achieved within the three-month period. Russell Thomas, Attorney, Law Firm of Anderson and Orcutt, Suite 2400 Sun Trust Center, Tampa (33602), representing Sprint PCS, stated that a moratorium on telecommunication facilities is discouraged; that Sprint PCS is a new service provider in the process of analyzing locations and service areas; that constructing an expensive, new telecommunications tower is viewed as a last resort; that co-location and antenna attachments are preferred; that a six-month moratorium in the City of Sarasota will have a detrimental effect on Sprint PCS and other service providers in the industry that are attempting to provide the best cellular service at the lowest cost. Attorney Thomas stated that the proposed ordinance has been reviewed; that appreciation is expressed to the City Attorney's Office for incorporating concepts important to the industry, e.g., not restricting attachments on existing buildings nor co- location; that the proposed ordinance was drafted on the basis and the belief that a proliferation of new tower sites will result if a moratorium is not enacted; however, the City currently does not have any applications for new towers pending; that a moratorium may be premature and should not be enacted; that as an alternative, City Staff should be directed to work diligently with representatives of the industry to develop an ordinance which comprehensively addresses all the issues surrounding tower locations and tower siting. Anthony Flores, 501 E. Kennedy Boulevard, Tampa (33602) representing AT&T Wireless Services, stated that the proposed ordinance as drafted is an improvement over the ordinance presented at the June 16, 1997, regular City Commission meeting; that the language has been revised to allow antenna attachments to existing towers or to buildings; that AT&T Wireless is not in favor of a moratorium but understands the City's need to draft usable, logical ordinance language to address telecommunications facilities; however, maintaining a balance between the need for BOOK 42 Page 14864 07/07/97 6:00 P.M. BOOK 42 Page 14865 07/07/97 6:00 P.M. regulations and the desires of the community is important; that AT&T Wireless was a sponsor for the Suncoast Offshore Grand Prix Races, an event held in Sarasota over the Fourth of July weekend; that the current service in Sarasota, disappointingly, did not meet the demand for service expected by AT&T Wireless customers; that numerous complaints were received from customers who were visiting Sarasota from out of town; that improvements to the system are necessary; that the moratorium is opposed; that a three-month period, which will provide the incentive for expeditious development of regulations, should be considered if a moratorium is enacted. There was no one else signed up to speak and Mayor Pillot closed the public hearing. Commissioner Merrill asked if a three-month moratorium is feasible? City Manager Sollenberger stated that an amendment to the Zoning Code is a time-consuming process which requires review by the Planning Board/Local Planning Agency (PBLP) and a report by the PBLP to the City Commission; that passing the proposed ordinance on first reading as drafted with the six-month moratorium is recommended; that a processing schedule will be prepared for presentation to the Commission at second reading. Mayor Pillot asked if the language could be revised to enact the moratorium for six months or until the time the zoning regulations are brought to the Commission, whichever is sooner? City Manager Sollenberger stated that six months is viewed as the maximum time necessary to process the zoning regulations; that attempts will be made to complete the process sooner; that the language suggested is acceptable. Commissioner Patterson stated that a revision in the language is unnecessary; and asked if the Commission has the ability to end a moratorium when the moratorium is no longer necessary? City Attorney Taylor stated yes; that the Commission would have the ability to end the moratorium as part of the ordinance adopting the new regulations. Commissioner Cardamone asked if the City has requests pending for telecommunications towers? Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission and stated that GTE Mobinet, which received a variance from the Board of Adjustment to construct two telecommunications towers, has not yet applied for building permits. Commissioner Cardamone asked for clarification of the City's existing regulations regarding telecommunications towers. Paul Costanzo, Chief Planner, came before the Commission and stated that towers are allowed as a permitted use in the Industrial (I) and Industrial, Light and Warehousing (ILW) Zone Districts; that towers are allowed by special exception in the Residential, Multiple Family (RMF), Commercial, General (CG), Commercial, Intensive (CI), Commercial, Central Business District (C-CBD), Commercial, Residential Transition (CRT) , General (G), and North Trail (NT) Zone Districts; that a public hearing by the PBLP is necessary prior to approval of a special exception use. Commissioner Cardamone stated that the moratorium proposed would apply Citywide, e.g., in the Industrial and ILW Zone Districts which currently permit towers. Mr. Costanzo stated that is correct. Commissioner Patterson stated that the purpose of applying the moratorium to zone districts in which the construction of towers is currently permitted and where towers historically have not been a problem is not clear. Mr. Costanzo stated that the Zoning Code does not specifically address telecommunications towers; that the existing regulations reference "television and radio transmitters"; that telecommunication towers have been interpreted by the Manager of Building and Zoning as similar to television and radio transmitters for purposes of obtaining development approval; that no design parameters for towers are included in the existing regulations. Commissioner Cardamone stated that in traveling the Interstate, towers are viewed at every major intersection; that a proliferation of towers in the City of Sarasota is a major concern and should be prevented. Commissioner Cardamone continued that most people have been pleased with the elimination of the antennas previously placed on the roof tops of residential homes to enhance television reception; that the installation of antennas at residential sites for people desiring the ability to interface with the hospital or a professional office may create an undesirable appearance in City neighborhoods, which is an issue that has not been discussed. Commissioner Patterson stated that antennas attached to existing structures or towers are exempted in the proposed ordinance; however, the term "antenna 1 has not been defined; that attachments to existing buildings or towers are viewed as something relatively innocuous and small; that, as drafted, the BOOK 42 Page 14866 07/07/97 6:00 P.M. BOOK 42 Page 14867 07/07/97 6:00 P.M. proposed ordinance would allow a 20-foot antenna of substantial size to increase the height of an existing 100-foot tower; and asked the basis for proposing 20 feet? City Attorney Taylor stated that antennas are viewed as a less substantial structure of thinner construction than a tower as defined under Section 3(c) of proposed Ordinance No. 97-4003; that the intent was not to allow an extension of an existing tower by 20 feet; that the length of 20 feet was taken from Sarasota County's ordinance regulating towers, which has not yet been implemented. Commissioner Patterson stated that 20 feet seems substantial; that the term "antenna I should be defined. Commissioner Patterson asked if properties zoned ILW are buffered from residential zone districts by other zone districts? Mr. Costanzo stated that the City has many properties zoned Industrial and ILW which directly abut residential zone districts. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that a definition for the term "antenna 1 could be included in the proposed ordinance prior to second reading. Mayor Pillot agreed the term "antenna" should be defined. Vice Mayor Dupree stated that new regulations regarding telecommunication facilities are necessary; that information regarding the time required to adopt new regulations is required to determine an appropriate length of time for the moratorium. Mayor Pillot stated that the moratorium will not continue once new regulations are completed; that a three-month versus a six- month moratorium makes a difference psychologically, however, representatives of the industry should be assured that Staff will work as quickly and efficiently as possible to bring forth new regulations on the earliest date. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-4003 on first reading with a processing schedule and definition of the term "antenna" to be presented at second reading. City Auditor and Clerk Robinson read proposed Ordinance No. 97-4003 by title only. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 97-4003 on first reading with the term "antenna" defined prior to second reading and an understanding the Zoning Code process will be expedited. 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. 7. SCHEDULED PRESENTATIONS: PRESENTATION RE: 250 SEAT WATERFRONT RESTAURANT ON THE SITE OF THE FORMER LIDO CASINO = REJECTED PROPOSAL (AGENDA ITEM V) #1 (2375) through (3540) City Manager Sollenberger stated that representatives of the Lido Casino Corporation are proposing development of a waterfront restaurant on Lido Beach north of the Radisson Lido Beach Resort; that following the presentation, the City Commission's interest in the proposed project should be determined; that if the ui Commission has interest in pursing the project, the Administration recommends calling for competitive proposals with the selection of a development team to be approved by the Commission; that a similar process has been followed for development of the Mission Harbor site. Peter Laughlin, Chuck Flanigan, and Frank Kelleher, representing Lido Casino Corporation, came before the Commission. Mr. Laughlin stated that partners of the Lido Casino Corporation have the expertise and experience necessary to develop and operate a successful business on Lido Beach; that recreating the Lido Casino, which was once a major facility in Sarasota and for which a lot of sentimental interest exists, as a neighborhood friendly restaurant is the project proposed; that a public/private endeavor is proposed whereby the Lido Casino Corporation would fund the construction and operational costs of the $1 million facility, and the City would provide the land; that an opportunity to negotiate a land lease which would be lucrative to the city and the residents of Lido and St. Armands Keys is requested; that the revenue received from the land lease could be allocated toward projects, i.e., renourishing the beach. Mr. Laughlin referred to and explained conceptual designs depicting front, back, and interior views of the proposed structure which replicated the design of the major building of the former Lido Casino, including the seahorses for which a duplicate mold has been prepared; and stated that the building would be located landward of the Gulf-front setbacks and meet the requirements of applicable zoning codes. Mr. Laughlin continued that the Cities of Venice and Anna Maria Island and the Town of Longboat Key have located restaurants on the beach for the enjoyment of visitors and residents; that the developers have been sensitive to the needs of the residents; that the project was presented to representatives of the Lido Key BOOK 42 Page 14868 07/07/97 6:00 P.M. BOOK 42 Page 14869 07/07/97 6:00 P.M. and St. Armands Residents Associations; that a favorable response was received during the meeting with three concerns expressed; that the developers feel the concerns can be addressed as follows: 1. Parking problems Mr. Laughlin stated that 70% of the restaurant's business will occur after 5 p.m.; that a considerable amount of vacant parking space is available at the beaches after 5 p.m. 2. Noise Mr. Laughlin stated that the proposed location of the structure is extremely far from any condominium and from most of the single-family homes in the area; that the restaurant will be positioned facing the Gulf of Mexico, which will mitigate potential noise impacts. 3. Additional traffic Mr. Laughlin stated that the majority of patrons will access the restaurant via the direct route around St. Armands Circle onto Benjamin Franklin Drive; that traffic on residential streets will be minimal. Mr. Laughlin continued that input was sought from the Lido Key and St. Armands Residents Associations in an effort to mitigate concerns which may be raised; that the negative tone of the survey used to poll the residents was surprising; that the survey did not accurately represent the proposed project, solicited opposition, and lacked the option for residents to express support for the project; that substantial support in favor of the proposed project has been expressed to the developers; that many of the residents who did not respond to the survey support the project; that the developers realize the City Commission is sensitive to the needs and desires of the adjacent neighborhoods; however, the needs and desires of the entire constituency should be considered also; that partners of the Lido Casino Corporation have successfully operated Turtles Restaurant on Little Sarasota Bay for the past three years without receiving any complaints from the residents of the condominium located within 15 feet of the restaurant; that an independent survey should be initiated if the Commission's decision will be based on public opinion. Mr. Laughlin stated further that consideration of entering into a land lease arrangement with the Lido Casino Corporation for the construction of a restaurant facility on Lido Beach is requested; that consideration of a land lease at Ken Thompson Park is requested if the Lido Beach location is not supported by the Commission. Mayor Pillot requested comments from the Commission. Commissioner Patterson stated that a proposal to recreate the former Lido Casino, which is referenced in most books published regarding the history of Sarasota, is tempting; however, Sarasota is blessed with numerous restaurants; that finding a mandating public purpose to utilize publicly-owned property to establish another restaurant is difficult; that during a previous, individual meeting at which the project was presented to her, the developers were encouraged to garner support for the project from the Lido Key and St. Armands residents, which has not occurred; that feedback received has been uniformly negativei; that she has not heard from any citizen who supports the project; that absent support from the citizens and neighboring residents, she cannot support the project. & Vice Mayor Dupree stated that the concept is exciting and the : rendering well prepared; however, based on the number of negative responses received, he cannot support the proposed project. Commissioner Cardamone stated that the renderings depict an accurate recreation of the former Lido Casino, which she frequented as a child; that during an individual meeting at which the proposed project was presented, Mr. Laughlin was informed that gaining the support of the neighboring residents was important; that support for the project by the residents has not been achieved; therefore, her supporting the project would be difficult; however, she agrees the survey had a negative connotation. Commissioner Cardamone continued that, historically, the Commission has not supported providing public park land for commercial endeavors, e.g., the use of Centennial Park for the development of a conference center/hotel complex; that the Commission should consider sending a message to the public that use of park land for commercial purposes is not supported. Commissioner Merrill stated that a group of constituents had requested language be included in the Charter of the City of Sarasota which would prevent the sale of certain public lands; that the Commission wanted to retain flexibility and elected not to include such language in the Charter but has been committed to not using public lands for commercial purposes; that open public space, specifically beach front, which is desired by the community, is limited; that zoning which would allow the proposed use on private land could be considered if a clear need for the proposed project is identified; however, the use of public land for the proposed project is not supported. Mayor Pillot stated that the sentiment on the Commission is unanimous; that the presentation was positive both during the individual meetings and tonight; that the developers' intent to BOOK 42 Page 14870 07/07/97 6:00 P.M. BOOK 42 Page 14871 07/07/97 6:00 P.M. recreate a landmark of the past is commendable; however, he agrees with the comments made by the other four Commissioners. Mayor Pillot asked if a formal motion is required? City Manager Sollenberger stated that no action on the item is necessary; however, a motion would express a stronger position. Mayor Pillot requested the Commission's positions regarding: 1) locating the proposed project on Ken Thompson Park and 2) drafting a policy pertaining to commercial development on public lands. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to reject with appreciation the proposal to locate a replica of the former Lido Casino as a restaurant on Lido Beach. Mayor Pillot stated that the developers alternately requested consideration of a land lease on Ken Thompson Park, which he also does not support; that although long-standing commercial establishments are located on Ken Thompson Park, the remaining open space is limited; and asked if the Commission's position regarding Ken Thompson Park should be included in the motion? Commissioner Patterson stated that the areas on Ken Thompson Park at which the public can picnic and fish are limited; that she is looking forward to the commencement and completion of the Ken Thompson Park Master Plan; that the recent expansion of the Sarasota Sailing Squadron leasehold was supported with reluctance; that giving up any more of the public land on Ken Thompson Park is not supported; however, she would prefer the Commission express an opinion regarding Ken Thompson Park rather than include a position in the motion. Commissioner Patterson continued that proposals for the use of public land which may be presented in the future are unknown; that the public land on Lido Beach is precious and limited; however, Marina Jack, for which the Commission has supported an expansion of the existing facility, and O'Leary's Sarasota Sailing School, for which the Commission could have denied the recently approved lease term extension, exist on public park land; that viable proposals could be presented in the future, e.g., to develop a marina at the boat basin in the vicinity of Centennial Park, a project for which the Commission has previously expressed an interest; that the existing and former City Commissions have acted responsibly regarding the governance of public lands; that drafting a policy is not supported. Mayor Pillot stated that the intent was to consider drafting a policy specifically regarding the use of public land on Lido Beach. Mayor Pillot called for a vote on the motion to reject the proposal for a waterfront restaurant on Lido Beach. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 8. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) #1 (3540) through #2 (0171) The following people came before the Commission: Audrey Lucker, President, Lido Key Residents Association, 729 Tyler Drive (34236), stated that the Lido Key Residents Association viewed the proposal to recreate the former Lido Casino as a restaurant on Lido Beach with an open mind; that the survey distributed to residents by the Lido Key and St. Armands Residents Associations was not slanted; that the following are the results of the responses received thus far: Opposed Support Lido Key: 936 2 Sarasota Harbor 128 0 St. Armands 161 Ms. Lucker submitted for the record the survey responses received to date. Ms. Lucker stated that an excellent relationship exists between the residents and the management of the Radisson Lido Beach Resort, who have fulfilled all promises made when their special exception was granted; that approving the proposed 250-seat restaurant, located within 20 feet of choice rooms at the Radisson Resort, would negatively affect an established business and potentially set a precedent for the development of restaurants or concession stands at South Lido Park and North Lido Beach; that the public beach lands should be preserved. Richard Starfield, 800 Beniamin Franklin Drive (34236), stated that the Commission's rejection of the proposal to recreate the former Lido Casino as a restaurant on Lido Beach is appreciated; that Lido Beach receives extensive use by Sarasota residents; that utilizing the public land to develop recreational uses, e.g., tennis and basketball courts, which are lacking on Lido Key, should be considered. Mayor Pillot requested that the Administration report back regarding the potential of establishing recreational uses on Lido Beach. BOOK 42 Page 14872 07/07/97 6:00 P.M. BOOK 42 Page 14873 07/07/97 6:00 P.M. Gertrude Seltzer, 1 Benjamin Franklin Drive #71 (34236), stated that the new signs and obstacles to speeding which were recently installed on Lido Key have reduced traffic impacts; that locating a 250-seat restaurant on Lido Beach would increase traffic congestion on St. Armands Circle and Benjamin Franklin Drive; that the Commission's rejection of the proposal to recreate the former Lido Casino as a restaurant on Lido Beach is appreciated. Nancy Cook, 444 North Washington Drive (34236), stated that the public land remaining on the barrier islands is precious; that the Commission's rejection of the proposal to recreate the former Lido Casino as a restaurant on Lido Beach and expressed position against utilizing public land for commercial purposes is appreciated. Greg Hunter, 711 Tyler Drive (34236), stated that he and his wife are new residents on Lido Key; that the Commission's honoring of the public will regarding a proposal to site a restaurant on Lido Beach is appreciated; that the Commission's wisdom regarding use of public lands is commended. 9. UNFINISHED BUSINESS: APPROVAL RE: LOCAL OPTION SALES TAX (L.0.S.T.) FUNDS FOR STORMWATER CAPITAL IMPROVEMENTS - APPROVED PURSUING STORMWATER EQUITY ALTERNATIVE 4 WITH A COMMITMENT TO ACHIEVE EQUITY ON THE PHILLIPPI CREEK BASIN EITHER THROUGH ADDITIONAL PROJECTS OR THROUGH THE CREDIT REFERENCED IN ALTERNATIVE 4A; APPROVED REAFFIRMING IN WRITING TO THE CHAIRMAN OF THE SARASOTA BOARD OF COUNTY COMMISSIONERS THE CITY COMMISSION'S POSITION REGARDING THE NEWTOWN CANAL (AGENDA ITEM VII-1) #2 (0171) through (2203) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and gave a computer-generated slide presentation explaining the background, issues, and Administration's recommendation regarding stormwater capital improvement assessments. Mr. Daughters stated that at the May 19, 1997, joint meeting between the Sarasota City Commission and the Sarasota Board of County Commissioners, and subsequently at the June 2, 1997, workshop regarding Local Option Sales Tax (L.0.S.T.), the City Administration was directed to develop more equity in the County's stormwater assessments and to allocate the stormwater portion of the proposed L.O.S.T. funds in an equitable manner. Mr. Daughters explained the following issues reviewed: 9-tiered/3-sub basin Assessment Structure Mr. Daughters stated that during the joint meeting with the County Commission, the City Commission expressed an interest in expanding the existing three-tiered assessment structure to provide more equity in the Phillippi Creek Basin; that the City Commission also expressed discomfort with the lack of clear, direct, significant benefit to City property owners from the purchase of the celery fields, the primary project for which capital assessments collected in the Phillippi Creek Basin had been used; that County Staff analyzed possible alternatives of expanding the assessment structure to nine tiers and establishing three sub basins; that based on the current method of assessment used by the County, City property owners are paying 13.74% of the total capital improvements in the Phillippi Creek Basin versus 6.842% which is required by the Interlocal Agreement; that the 13.74% would be reduced to 13.26% using the nine-tiered approach and to 10.97% using the sub basin approach; that although the nine-tiered versus three-tiered assessment structure is a more equitable assessment approach, the alternative approaches analyzed by the County would not result in a percentage equal to that currently required for the Phillippi Creek Basin, per the Interlocal Agreement. Phillippi Creek Basin Equity Mr. Daughters stated that City Staff believes the requirements of Sections 4 and 9C of the Interlocal Agreement can both be met for assessments in the Phillippi Creek Basin now and in the Whitaker Bayou Basin in the future; that assessing in-City properties on the relative land area basis per Section 9C would generate funds of approximately $318,000 annually or $4.77 million over a 15- year bond life; that the County's methodology results in approximately $619,000 annually or $9.28 million over a 15-year bond life; that the required annual effective in-City rate of $35.30 could be achieved by dividing the capital expenses by the number of in-City equivalent stormwater units (ESUS); that the County would have to make up the annual loss of $301,000 per year ($619,000 $318,000) by increasing the rate for properties outside the City from $71.97 to $77.86; that the $77.86 rate could be charged uniformly throughout the Phillippi Creek Basin, per Section 4, with a $41.36 credit, similar to the mitigation credit factors used for properties with retention ponds, applied to in-City properties; that credits are acceptable as determined by the May 1, 1997, Supreme Court ruling on the appeal from order validating bonds issued for the purpose of funding Sarasota County's stormwater management program. Mr. Daughters continued that calculating assessments using the City's proposed methodology would result in a uniform assessment throughout the basin, as required by Section 4 of the Interlocal Agreement, and a rate for in-City properties based on the relative land area basis, as required by Section 9C of the Interlocal Agreement. BOOK 42 Page 14874 07/07/97 6:00 P.M. BOOK 42 Page 14875 07/07/97 6:00 P.M. Mr. Daughters further stated that a copy of the City's proposal was forwarded to County Staff approximately two weeks ago; that earlier today, John C. Goodknight, Transportation Director, Sarasota County Government, reported to him that the proposal is not viewed as feasible or acceptable; that Mr. Goodknight also indicated that the request by the City Commission at the joint City/County meeting was interpreted simply as a desire to achieve a higher rate of return for investments made by City property owners; that he agrees with Mr. Goodknight that the City's stormwater system, which was originally constructed in the 1920s and 1930s, may be large enough but is not structurally adequate and is falling apart; that in an effort to gain equity in the Phillippi Creek Basin, the County is proposing to redefine the level of service for capital improvement projects to include preservation of the system, which would provide funding for major drainage facilities, acquisition of right-of-way, etc.; that the redefined level of service would also apply to the Whitaker Bayou Basin in the future; that the $71.97 capital assessment rate may increase, but a larger portion of the funding would be expended in the City; that the difference resulting from the funds collected based on the County's existing method of assessment and the City's proposed assessment methodology is $4.5 million; that "preservation of system" projects totaling $4.5 million may not exist soley within the Phillippi Creek Basin; that details of the County's proposal have been requested for review. Citywide Equity Mr. Daughters stated that four alternative solutions to achieve equity have been developed; that all four alternates assume the capital improvement projects will be completed by the Sarasota Stormwater Environmental Utility (SEU) and are based on total assessments estimated for collection had the City's methodology been used the first year capital assessments were charged; that negotiation of another agreement or amendment to the existing Interlocal Agreement with the County would be necessary to assure accountability and to "spell-out" exactly how the equity would be achieved; that each alternate includes two analyses; that Analysis "A" applies if the City is successful and Analysis "B" applies if the City is unsuccessful in negotiations with the County regarding the City's stormwater equity proposal for the Phillippi Creek Basin; that the analyses were based on previous action taken by the Commission to allocate $9.25 million in potential L.0.S.T. revenue as follows: $5.5 million for stormwater capital improvement projects, $1.75 million for the St. Armands drainage project, and $2 million for street underdrains. Mr. Daughters continued that Analysis "A" is based on the Engineering Department's List of Proposed L.O.S.T. Projects for Stormwater Infrastructure, using $707,000 as the estimated city share of the United States Army Corps of Engineer (USACE) project in the Whitaker Bayou Basin and $4.777 million as the City share of the Phillippi Creek Basin, for a total expense of $18,807 million; that Analysis "B" is basically the same but utilizes County estimates of $1.48 million as the estimated City share of the USACE project and $9.28 million as the City share of the Phillippi Creek Basin, for a total expense of $24.190 million. Mr. Daughters stated that the Whitaker Bayou Basin stormwater projects are included in the $5.5 million estimate under Analysis "A"; and explained the following: Projects Analysis "A" Analysis "B" Stormwater Citywide - > 5,500,000 $ 5,500,000 Whitaker Bayou 883,000 St. Armands Drainage S 1,750,000 / 1,750,000 Street Underdrains 2,000,000 $ 2,000,000 Phillippi Creek $ 4,770,000 $ 9,280,000 Total expenses $18,807,000 $24,190,000 L.O.S.T. funds $_9,250,000 $9,250,000 Shortfall $ 9,557,000 $14,940,000 Mr. Daughters reviewed and explained in detail the following four alternates: Alternate 1: Pay $9.25 million to SEU, requiring as many projects as possible on the City's priority list be funded along with St. Armands Drainage and Street Underdrains - which would not include projects in the Phillippi Creek Basin. Alternative 2: Pay $9.25 million to SEU to prepay, all in- City capital improvement projects, including St. Armands Drainage, Street Underdrains, and Phillippi Creek Basin for as long as funds last. Alternative 3: Pay $9.25 million to SEU to be applied as a "grant" for in-City capital improvement projects, including St. Armands Drainage, Street Underdrains, and Phillippi Creek Basin, with the differential spread proportionately in each basin. Alternative 4: Pay $9.25 million to SEU to be applied as a "grant" for in-City capital improvement projects, including St. Armands Drainage, Street Underdrains, and Phillippi Creek Basin, with the differential (shortfall) spread amongst all City properties. BOOK 42 Page 14876 07/07/97 6:00 P.M. BOOK 42 Page 14877 07/07/97 6:00 P.M. Mr. Daughters referred to and explained the following rate comparison of the alternatives: County annual CIP rate: Hudson Bayou $103.38 Phillippi Creek 71.97 Whitaker Bayou 58.91 Coastal Areas 16.15 Basin Alternate 1 Alternate 3 Alternate 4 "A" "B" "A" "B" "A" "B" Hudson Bayou 25.65 39.58 52.53 63.85 22.75 35.57 Phillippi Creek 48.51 85.18 24.65 29.96 22.75 35.57 Whitaker Bayou 28.42 21.44 29.94 36.38 22.75 35.57 Coastal Areas 16.15 16.14 8.20 9.97 22.75 35.57 Mr. Daughters stated that Alternative 2A, after 7.4 years, results in varied assessments, ranging from $16.15 to approximately $103.38 per year depending on which basin the property is located; that Alternative 2B results in varied assessments after 5.7 years. Mr. Daughters continued that as with the current procedure, property owners will pay maintenance assessments, currently $69.98/ESU per year, in addition to the capital improvement assessments. Mr. Daughters further stated that Alternates 1, 2, and 3 utilize a basin-by-basin assessment approach different than the approach previously utilized by the City for the 1985 General Obligation Bond Issue where costs for all stormwater capital improvements were shared equally by all City property owners; that all the alternates provide for better equity than the County's current procedure; however, the Administration recommends Alternative 4A which is summarized as follows: 1) sums the expenses of Phillippi Creek and Whitaker Bayou Basins, on the Section 9C relative land area basis, with the expenses of all other in-City stormwater projects, including St. Armands Drainage and Street Underdrain projects; and utilizes future L.0.S.T. funds for approximately 50% of the expenses with the remaining 50% shared via a uniform assessment rate of $22.75/ESU per year throughout the City; 2) results in uniform assessments Citywide, provides the best equity, and is compatible with past City experience; and 3) will meet the current criteria for laws related to assessment proceedings based on a legal opinion from the City Attorney's Office. Mr. Daughters stated that the Staff recommends approval of Alternative 4A; however, the City should remain flexible regarding consideration of the County's alternative proposal to gain equity in the Phillippi Creek Basin by redefining the level of service for capital improvement projects to include preservation of system. Commissioner Merrill asked if Commission approval of Alternative 4 without reference to Analysis "A" or "B" is supported by Staff? Mr. Daughters stated yes. Commissioner Cardamone stated that the County Staff's interpretation of the City Commission's desires is questionable; that as she recalls, the City Commission asked the County Commission to "make it right" regarding the assessments viewed by the city as overcharges to City property owners in the Phillippi Creek Basin. Mayor Pillot stated that is correct; however, the corrective measures would not apply retroactive. Commissioner Cardamone stated that she had requested consideration of applying a credit for the overpayments previously paid by the property owners. Mayor Pillot stated that he left the joint City/County meeting with the impression retroactive correction was not an option. Commissioner Patterson stated that the City's minutes of the May 19, 1997, joint City/County meeting have been reviewed; that the City Commission's motion requested "more equity"; that she realized retroactive correction may not be possible, viewed the current situation as unacceptable, and was hopeful an expanded multi-tiered approach may provide an acceptable percentage; however, she was not in any way endorsing the County's existing assessment system, which is neither more equitable nor equitable. Mayor Pillot cited the following from the minutes of the joint meeting between the Sarasota City Commission and the Sarasota Board of County Commissioners on May 19, 1997: Mayor Pillot called for a vote restating the motion as to instruct the City Administration to work with County Staff to revise the existing Interlocal Agreement to provide equity, the necessary procedures for BOOK 42 Page 14878 07/07/97 6:00 P.M. BOOK 42 Page 14879 07/07/97 6:00 P.M. accountability, and the possibility of retroactive correction where appropriate and reasonable. Commissioner Patterson stated that the County's minutes should be reviewed to determine if the motion is the same. Mayor Pillot stated that audio tapes of the meeting are also available for review. Commissioner Patterson stated that adhering to the Interlocal Agreement obviously will be inconvenient for the County; that if adherence to the Interlocal Agreement is the desired end result, the City Commission may be required to inform the County Commission that the Interlocal Agreement is a contractual agreement to which the City expects the County to adhere. Commissioner Patterson continued that the City Commission has proposed an allocation of $2 million in future L.O.S.T. funds for the replacement of street underdrains in various sections of the City; and asked if the decaying street underdrains are located in the Phillippi Creek Basin? Mr. Daughters stated yesi that the majority of the street underdrains requiring replacement are located in the Phillippi Creek Basin. Commissioner Patterson stated that Mr. Daughters previously indicated that the total cost to replace the street underdrains may exceed $2 million; that the County's proposal to gain equity in the Phillippi Creek Basin by addressing preservation of system projects may be acceptable if street underdrains were included, allowing the City to reallocate the $2 million of future L.0.S.T. funds for other projects. Mr. Daughters stated that the street underdrain projects were not discussed with Mr. Goodknight; that the County's proposal would be more appealing if replacement of the City's street underdrains were eligible for funding as a stormwater drainage project; that the potential of funding some of the projects which have not met the criteria for capital improvement projects but are too large for the operational budget was raised by the City Commission at the joint City/County meeting; that the County's proposal to provide equity within the Phillippi Creek Basin may have merit. Mr. Daughters continued that the Interlocal Agreement for Stormwater Management and the County ordinance establishing stormwater assessments are conflicting; that the County's ordinance has withstood an appeal to the Supreme Court and other tests; that in his opinion, the Supreme Court ruling will be weighed more heavily by the County than their contractual obligation to the City under the Interlocal Agreement; however, the Interlocal Agreement was adopted in 1989 and existed before the County's ordinance establishing the current method of assessment was adopted in 1994; that developing a proposal which will allow the County to address the conflict will be possible once a determination is made that the Interlocal Agreement and the ordinance must be made compatible. Commissioner Merrill stated that the lack of an underdrain can cause a road to deteriorate; and asked if the County views street underdrains as a stormwater drainage issue or as a road construction issue? Mr. Daughters stated that the street underdrains were initially installed to maintain the road beds; that replacing the decaying street underdrains with stormwater systems or a combined underdrain/stormwater facility would be more appropriate than constructing new underdrains which will again fail in the future; therefore, replacing the street underdrains could be viewed as a stormwater project. Commissioner Cardamone asked if the County views replacement of street underdrains as a stormwater project? Mr. Daughters stated that based on past experience the answer would be no; that replacing street underdrains will not meet the County's existing level of service for capital improvement projects, which requires structural flooding or street flooding of evacuation routes; however, the issue has not been discussed in detail with County Staff. Commissioner Cardamone stated that an uphill battle is sensed; and asked if reaching a resolve with the County is viewed as feasible? Mr. Daughters stated yes; that resolving the stormwater issue is possible if all parties involved are willing to work toward a positive solution; that communication between City and County Staff has been lacking; that the City's proposal was forwarded to the County weeks ago; that a response was not received until late this afternoon, which makes progress difficult. Commissioner Cardamone stated that the city Manager should be directed to deal with the County Administrator in an effort to achieve improved communication between the City and County regarding the stormwater issue; that she is somewhat annoyed that County Staff misinterpreted the motions adopted by the City Commission. Commissioner Patterson asked if the proposed mechanism in Alternate 4A and 4B has been reviewed by the County's attorneys? Mr. Daughters stated that the proposal - was forwarded to Mr. Goodknight; that he is not aware if Mr. Goodknight forwarded the proposal to the County's attorneys. BOOK 42 Page 14880 07/07/97 6:00 P.M. BOOK 42 Page 14881 07/07/97 6:00 P.M. Commissioner Patterson stated that criteria of structural flooding or flooding of evacuation routes has been referenced; and asked how the desiltation facility proposed at Sarasota High School (SHS), which is an environmental project, meets the level of service currently established by the County for stormwater projects? Mr. Daughters stated that the SHS desilation facility will eliminate structural flooding further upstream in conjunction with other projects proposed for the Arlington and Euclid Canals. Vice Mayor Dupree asked the time frames associated with the completion of the stormwater projects? Mr. Daughters stated that funds from a voter-approved ten-year extension of the L.0.S.T. will not be available until after the year 2000; that design work has been performed on previously scheduled projects; however, the SEU has not pursued any new projects or completed construction of previously scheduled projects since the City Commission denied the capital assessment structure proposed for Hudson Bayou Basin, which occurred approximately two years ago; that the SEU will be establishing rates and scheduling projects for FY 97/98 in the near future; that the USACE project for the Whitaker Bayou Basin is in the early reconnaissance stages; that decisions are necessary to ensure stormwater projects will be constructed in the City over the next year. Vice Mayor Dupree asked if directing the City Manager to contact the County Administrator will assist in expediting the process? Mr. Daughters stated yes. City Manager Sollenberger stated that Alternative 4 proposes a methodology for the distribution of future L.0.S.T. funds which provides a uniform level of capital charges throughout the City and addresses equity within the Phillippi Creek Basin; that the Administration recommends pursing stormwater equity Alternative 4A but a compromise between Alternatives 4A and 4B may be more realistic since Alternative 4A is dependent upon successful negotiations with Sarasota County. Commissioner Patterson stated that a time urgency exists in resolving the stormwater issue before City property owners in the Phillippi Creek Basin are overcharged capital assessments for the third, consecutive year. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to approve pursuing stormwater equity Alternative 4 with a commitment to achieve equity in the Phillippi Creek Basin either through additional projects or through the credit referenced in Alternative 4A. Commissioner Patterson stated that a private business which experienced a $4.5 million deviation from a contractual agreement would not be considering negotiations; that although "going to war" with the County regarding the issue is not desired, the fact the County signed an agreement with the City stipulating a mechanism for capital assessments should not be ignored; that the City Commission sitting in 1989 may not have approved an Interlocal Agreement for Stormwater Management had the effects or the use of the current method of assessment been known; that the Administration should vigorously pursue Alternative 4, reaffirming to the County the City Commission's desire of achieving equity in the Phillippi Creek Basin; however, leeway should be provided for the City to consider a viable County proposal which would include funding for street underdrain projects thereby allowing the City to reallocate the $2 million of future L.0.S.T. funds proposed for street underdrains to alternative stormwater projects. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yesi Patterson, yes; Pillot, yes. Mayor Pillot requested comment from the City Manager regarding contacting the County Administrator to expedite the process and improve communication. City Manager Sollenberger stated that both the City and County Commissions have meetings scheduled this week; however, an effort will be made to schedule a meeting with the County Administrator to discuss the issue. Mayor Pillot stated that achieving a solution without going to court to enforce a contract is clearly worth pursuing. Commissioner Patterson stated that the City's stormwater equity proposal should be forwarded to the County's attorneys for review; that issues for potential litigation which may exist if the method of assessment changes should be identified. Commissioner Patterson asked the resolution reached by the County regarding the Newtown Canal? Mr. Daughters stated that the City Commission previously reaffirmed support for the original project of piping and covering the canal; however, the County Commission has since taken action to pursue the alternative open-pond concept by failing to authorize additional funds for the engineering studies required to pipe the canal. BOOK 42 Page 14882 07/07/97 6:00 P.M. BOOK 42 Page 14883 07/07/97 6:00 P.M. Commissioner Patterson asked the District #1 Commissioner if the County's alternative open-pond concept is acceptable? Vice Mayor Dupree stated no. City Manager Sollenberger stated that he learned during a recent management meeting of the Sarasota Bay National Estuary Program (NEP) that some of the debris and litter found in Whitaker Bayou is emanating from the Newtown Canal open ditch; that the open- pond alternative will not sufficiently address the issues for which the project was originally intended. Commissioner Cardamone stated that she also attended the NEP meeting; that funds are budgeted to educate the public regarding the damages caused to Sarasota Bay when debris and litter are thrown into drainage ditches; that a former City Commission declared the open ditch of the Newtown Canal as a hazard; that the County is proposing to change a deplorable, hazardous, unsafe ditch into an attractive, nuisance open pond; that children attending the newly constructed Boys & Girls Club adjacent to the Newtown Canal will be attracted to the wide, open body of water. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to reiterate to the County Commission the importance and the City Commission's position in favor of piping and covering the Newtown Canal, referencing the effects the debris and littering has on the Whitaker Bayou Basin and stating opposition to the alternative open-pond approach. Commissioner Patterson stated that the County Commission may not understand the City Commission's position or concerns; that scheduling a joint meeting or contacting the County Commissioners individually to express the importance of the issue would be appropriate. Mayor Pillot stated that a letter of similar content was signed and forwarded to the County Commission last week; that the County's response was not favorable; therefore, the motion is to draft a second letter to the County Commission strengthening the City Commission's position. Commissioner Merrill stated that children play daily on the banks of the lake at Arlington Park; that the lake has not been declared an attractive nuisance requiring in fill and is welcomed as a body of water which attracts people to the Park to view the ducks and turtles and to go fishing; that Roy McBean, whose name is on the new Boys & Girls Club, does not view the County's alternative proposal to create a retention pond as a problem; that the County Commission is a wise body capable of evaluating safety issues and makes decisions daily which affect far more people than the decisions made by the City Commission; that the City may not fully understand the County's proposal; that he agrees scheduling a joint City/County meeting to discuss the issue may be appropriate. Mayor Pillot stated that prior to the grand opening of the Roy McBean Boys & Girls Club in Newtown, he met with Mr. McBean and the project architect, both of whom expressed a preference in favor of the open-pond concept. Vice Mayor Dupree stated that the County Commission's experience and ability to make sound judgments is respected; however, developing an open pond in the Newtown Canal will be create more than an attractive nuisance; that during a recent heavy rainstorm, substantial debris blocked the pipe opening in the ditch causing an overflow of stormwater; that the open ditch should be filled to prevent similar situations from occurring in the future; that he supports scheduling a joint meeting with the County Commission to discuss the issue or to jointly view the site with them to review the impending factors. Mayor Pillot stated that he previously voted in favor of forwarding a letter to the County; therefore, will vote in favor of the motion; however, the desires of the Boys & Girls Club administration, who are at the site daily, should be taken into consideration. Mayor Pillot called for a vote on the motion to reaffirm in writing to the Chairman of the Sarasota Board of County Commissioners the City Commission's position regarding the Newtown Canal. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, no; Patterson, yes; Pillot, yes. 10. UNFINISHED BUSINESS: APPROVAL RE: PROPOSED PROJECTS TO BE FUNDED BY THE TEN-YEAR EXTENSION OF THE ONE-CENT LOCAL OPTION SALES TAX (L.0.S.T.) BEGINNING SEPTEMBER 1, 1999 THROUGH AUGUST 31, 2009 - APPROVED WITH FUNDS FOR STREET RESURFACING REDUCED FROM $7.5 MILLION TO $7.25 MILLION AND THE $250,000 REALLOCATED TO PURCHASE AND DEVELOP PROPERTIES IN NEWTOWN AS PUBLIC PARKING LOTS; DIRECTED ADMINISTRATION TO PREPARE AND FORWARD A FINAL LIST TO THE COUNCIL OF GOVERNMENTS AND SARASOTA COUNTY; APPROVED REQUESTING THE COUNTY TO CONSIDER ADDING A SKATEBOARD PARK TO THE COUNTY'S LIST OF L.0.8.T. PROJECTS (AGENDA ITEM VII-2) #2 (2217) through (3383) City Manager Sollenberger stated that this item is continued from the June 16, 1997, regular City Commission meeting. Gibson Mitchell, Director of Finance, came before the Commission and stated that the list of projects has been revised per the direction of the Commission at the June 16 public hearing; that changes have been made as follows: BOOK 42 Page 14884 07/07/97 6:00 P.M. BOOK 42 Page 14885 07/07/97 6:00 P.M. 1. Park projects have been reclassified from Neighborhood Improvements to Parks. 2. St. Armands Drainage project has been reclassified from Transportation to Stormwater. 3. Van Wezel Renovations has been separated into allocations of $7.5 million for renovations, $2.5 million for bond debt service, for a total of $10 million, and $2.5 million to contingency for Van Wezel and reclassified to Contingency. 4. The project, Purchase Additional Waterfront property, has been reduced from $2.0 million to $1.0 million. 5. The project, Arlington Park Improvements, in the amount of $250,000 has been added to the classification Parks. 6. The project, Siesta Drive Medians, in the amount of $250,000 has been added to the classification Transportation. 7. The project, Cohen Way Infrastructure Assistance, in the amount of $500,000 has been added to the classification Neighborhood Improvements. 8. The project, Future Projects for All Neighborhoods, in the amount of $1,522,257 has been reclassified from Neighborhood Improvements to Contingency because no specific projects have been defined. Mr. Mitchell stated that the Administration has discussed with the Sarasota County Director of Parks and Recreation, the Arlington Park Improvements project, which was suggested to the Commission by Richard Martin at the June 16, 1997, public hearing. Mr. Mitchell referred to a letter dated June 23, 1997, from Walter Rothenbach, Director, Parks and Recreation Department, Sarasota County, to V. Peter Schneider, Deputy City Manager, which responded to the ten suggestions made by Mr. Martin referencing the issues as maintenance items, except for the parking lot, and included a relative time in which some of the maintenance items would be addressed; and stated that further discussion by the Commission regarding the proposed allocation for the Arlington Park Improvements project may be appropriate. Mr. Mitchell continued that the Administration was directed to prepare a report on the amount of L.0.S.T. funds required to continue the street resurfacing program. Mr. Mitchell referred to and explained a report which reflected the amount spent from the Gas Tax Fund and the L.O.S.T. Fund for street resurfacing beginning in FY 92/93, the proposed amounts for FY 97/98 through FY 2001/02, and the miles paved. Mr. Mitchell stated that no funds are reflected from the L.O.S.T. fund in FY 99/00 and beyond since the source of revenue does not currently exist; however, funding in the amount of $700,000 to $750,000 per year would be required to maintain a level of street resurfacing whereby each street in the City could be resurfaced every eight to nine years, which equates to approximately 25 miles per year; that the report indicates $1 million of the funding proposed for the street resurfacing program could be reallocated to other projects desired by the Commission. Mr. Mitchell continued that Sarasota County has scheduled a public hearing on Infrastructure Sales Tax, commonly referred to as the One-cent L.O.S.T., for 1:30 p.m. and 6:30 p.m. on Tuesday, July 22, 1997; that the public hearings will be advertised in newspapers on July 10 and 11, 1997; therefore, a decision on the Commission's final list of proposed projects for funding through a ten-year extension of the L.0.S.T. is necessary tonight. Commissioner Merrill stated that the project, Siesta Drive Medians, should be rephrased as Siesta Drive Streetscape since a specific project has not been identified. City Manager Sollenberger stated that will be done. Commissioner Merrill stated that the County recently installed a beautiful, lighted, spraying water fountain at Arlington Park; that Mr. Martin also suggested the development of a master plan to upgrade the Park; that Mr. Rothenbach, who responded only to the 10 suggestions viewed as maintenance items, indicated the bike paths will be repaved; that the County maintenance department informed him only the worst portions of the bike paths will be repaved; that the City's intention to pursue a quantum upgrade in Arlington Park will make the L.0.S.T. referendum more salable. Commissioner Cardamone stated that she was recently presented with and viewed a video on skateboard parks developed by Airwalk Shoe Corporation, which contained substantial information regarding development, maintenance, insurance, etc.; that the video, prepared last year, referenced a construction cost of $150,000 to develop a state-of-the-art skateboard park with concrete surfaces for beginners, intermediate and advanced skaters; that skateboarding Downtown and in other areas has been a problem; that a Countywide skateboard park located at the 12th Street sports complex is a perfect project for funding through a ten-year extension of the L.0.S.T.; that the project would be salable to the large group of voters who have children that enjoy skateboarding; that consideration should be given to introducing BOOK 42 Page 14886 07/07/97 6:00 P.M. BOOK 42 Page 14887 07/07/97 6:00 P.M. the concept at the County Commission's public hearing and requesting that a portion of the County's anticipated L.0.S.T. revenue be allocated to a skateboard park. Vice Mayor Dupree stated that the suggestion is supported; that signs prohibiting skateboarding are posted Citywide; that the development of a facility at which children could enjoy Skateboarding should be considered. Mayor Pillot stated that a portion of the contingency funds allocated for the project, Future Projects for All Neighborhoods, could be allocated for a skateboard park if deemed appropriate. Commissioner Patterson stated that a skateboard park may not be considered a neighborhood project. Commissioner Merrill stated that requesting the County to allocate $150,000 of funding toward a skateboard park on the County's list of L.0.S.T. projects can be supported. City Auditor and Clerk Robinson stated that the following motions which were postponed on June 16, 1997, are still pending: Commissioner Patterson's motion to reduce the allocation of L.O.S.T. funds for the street resurfacing project from $7.5 million to $6.5 million and allocate the $1 million to Newtown commercial economic development Commissioner Cardamone's substitute motion to reduce the allocation of L.0.S.T. funds for the street resurfacing project from $7.5 to $7.25 million and allocate $250,000 to purchase and develop properties in Newtown as public parking lots City Auditor and Clerk Robinson stated that a vote to accept or reject the substitute motion is necessary before action is taken on the main motion. Mayor Pillot called for a vote to accept the substitute motion. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, no; Pillot, yes. Mayor Pillot called for a vote on the main motion as substituted to reduce the allocation of L.O.S.T.. funds for the street resurfacing project from $7.5 to $7.25 million and allocate $250,000 to purchase and develop properties in Newtown as public parking lots. Motion carried (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. City Manager Sollenberger stated that the Administration recommends approval of the final list of L.0.S.T. projects as revised. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to approve the proposed L.O.S.T. projects and to direct the Administration to prepare the final list of L.O.S.T. projects for submission to the Council of Governments and Sarasota County Government. Commissioner Patterson stated that the Commission previously expressed a desire to include specifics on the stormwater projects in an effort to successfully sell the L.0.S.T. referendum to the public; that based on the alternate approved by the City Commission to utilize future L.0.S.T. revenue to fund stormwater capital improvements, consideration should be given to including the 28 stormwater projects on the City's list of proposed projects submitted for funding through a ten-year extension of the L.0.S.T.; and asked if including on the list stormwater projects proposed for partial funding through future L.O.S.T. revenue is advisable? City Manager Sollenberger stated that the stormwater projects could be included on the City's list of projects; however, language will have to be crafted to indicate the projects will be only partially funded. 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. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to request the County Commission to consider allocating funding for the construction of a skateboard park on the County's list of L.0.S.T. projects. Commissioner Patterson stated that the City previously reviewed the feasibility of developing a skateboard facility; that Staff worked with the skateboarding community and reported a construction cost of $1.5 million for the facility desired; that the costs for insurance and staffing were substantial; that the County requested full-time staffing for the children's fountain at Island Park to ensure safety; that the County Commission's constructing a skateboard facility without providing a budget for operational and staffing costs is unlikely; that the chances are slim the County will include a skateboard park on their L.0.S.T. project list; that inadvertently reopening the issue at the City level should be avoided. Commissioner Cardamone stated that the extensive City Staff report on the development of a skateboard facility has been reviewed; that many of the issues identified in the report have BOOK 42 Page 14888 07/07/97 6:00 P.M. BOOK 42 Page 14889 07/07/97 6:00 P.M. been addressed over the past five years; that the video includes interviews with elected officials of cities where skateboard parks have been constructed; that the facilities are not being staffed or creating a liability; that a skateboard park would allow the County to address a problem created by youth in a positive manner; that she realizes the issue is being raised late in the L.0.S.T. process, but felt compelled to bring it forth. Vice Mayor Dupree asked if the facilities referenced in the video were funded exclusively with public funds? Commissioner Cardamone stated that one community used Community Development Block Grant (CDBG) funds; that the skateboard park was located in a low- to moderate-income neighborhood; that some of the skateboard parks were funded through public/private endeavors. Vice Mayor Dupree asked if the video will be shown to the County? Commissioner Cardamone stated that she plans to share the video with Walter Rothenbach, Director, Sarasota County Parks and Recreation Department. Mayor Pillot stated that the concept of a skateboard park has a tremendous amount of merit for the youth who enjoy skateboarding; however, absent sufficient information on the subject, he cannot support the motion. Mayor Pillot called for a vote on the motion to request the County Commission consider allocating funding for the construction of a skateboard park on the County's list of L.0.S.T. projects. Motion carried (3 to 2): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, no; Pillot, no. 11. UNFINISHED BUSINESS: RESCISSION RE: ASSIGNMENT OF NEW PASS BAIT SHOP LEASE TO JOHN AND VICTORIA ROSE AND, IF RESCINDED, AUTHORIZE THE PREPARATION OF AN AMENDMENT TO THE EXISTING LEASE WITH CARL AND BEVERLY SADLER TO EXTEND THE TERM AND INCREASE THE BASE RENT = RESCINDED (AGENDA ITEM VII-3) #2 (3430) through #3 (0107) City Manager Sollenberger stated that Carl and Beverly Sadler, lessees of the New Pass Bait Shop, approached the City Commission on November 18, 1996, seeking approval of assignment of the lease to prospective lessees, John and Victoria Rose; that the Commission authorized the assignment and, as part of the assignment, agreed to extend the existing lease for 12 years, thereby granting the new lessees a lease term of 20 years in exchange for a new rental rate of $560; that the rental rate previously paid was $413 per month; that the Commission action was finalized on December 16, 1996; however, the contract for sale fell through and the Lease Amendment and Consent to Assignment was never executed by the Roses; that the Sadlers are now seeking a rescission of the Commission's December 16, 1996, action and to apply the terms and conditions the City had previously approved for the Roses to the existing lease held by Carl and Beverly Sadler. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to rescind the December 16, 1996, assignment of the New Pass Bait Shop lease to John and Victoria Rose. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. On motion of Commissioner Patterson and second of Vice Mayor Dupree, it was moved to authorize the preparation of an amendment to the existing lease with Carl and Beverly Sadler to extend the term and increase the base rent to $560 per month. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. The Commission recessed at 9:02 p.m. and reconvened at 9:15 p.m. 12. UNFINISHED BUSINESS: DISCUSSION RE: PROPOSED ORDINANCE NO. 97-4007, AMENDING ARTICLE VI OF THE ZONING CODE PERTAINING TO REGULATIONS FOR SIDEWALK CAFES; AMENDING DESIGN STANDARDS : PROHIBITING SIDEWALK CAFES ON PROPERTY WHICH ABUTS OR IS WITHIN A CERTAIN DISTANCE OF ADJACENT RESIDENTIALLY ZONED PROPERTY OR PROPERTY USED FOR RESIDENTIAL PURPOSES IN THE COMMERCIAL TOURIST (CT) ZONE; DEFINING TERMS: SETTING FORTH GROUNDS FOR DENIAL OF PERMITS FOR SIDEWALK CAFES; SETTING FORTH EXCEPTIONS AMENDING PERFORMANCE STANDARDS; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF: REPEALING ORDINANCES IN CONFLICT; ETC. - REFERRED TO THE PLANNING BOARD/LOCAL PLANNING AGENCY FOR A FINDING OF CONSISTENCY WITH SARASOTA CITY PLAN (AGENDA ITEM VII-4) #3 (0107) through (0936) Sarah Schenk, city Attorney's Office, Dennis Daughters, Director of Engineering/City Engineer, and Marlena Clair, Engineering Technician III, came before the Commission. Attorney Schenk stated that proposed Ordinance No. 97-4007 will amend the sidewalk café ordinance to add: 1) definitions, 2) a section regarding denial of permits, and 3) a section that prohibits sidewalk café permit areas within 80 feet of residentially-zoned property in the Commercial Tourist (CT) Zone District. Attorney Schenk continued that the following proposed language clarifies the intent of the existing sidewalk café ordinance to provide the City Manager the ability to deny permits: BOOK 42 Page 14890 07/07/97 6:00 P.M. BOOK 42 Page 14891 07/07/97 6:00 P.M. Denial of Sidewalk Café Permits: The City Manager shall have the right to deny an application for a sidewalk café permit upon determining that issuance of the permit would impose a use on public right-of-way that would not be in the interest of the public health, safety and welfare. The City Manager may consider in making such determination: whether the proposed permit area is needed by the City for any public purpose or whether issuance of the permit would violate any standard requirement or the intent of the City Code or the Zoning Code. Attorney Schenk stated that the proposed ordinance includes language pertaining to the CT Zone District and will result in the exemption of one CT-zoned parcel which has operated on an encroachment permit issued prior to the sidewalk café ordinance; and cited the following: In the CT Zone District, the permit area of the sidewalk café shall not abut or be within 80 feet of the property lines of adjacent residentially zoned property or the property lines of property used for residential purposes. Provided, however, this prohibition shall not apply to sidewalk cafes who had been operating lawfully pursuant to an encroachment permit prior to May 20, 1995, and subsequently were issued a revocable use permit for the sidewalk café. This exception shall be effective only so long as the entity for which the sidewalk café permit was issued has not changed the type or scope of business operation it conducts. Mr. Daughters stated that the proposed ordinance includes modified performance standards as follows: > Distance to the curb Mr. Daughters stated that distances of tables and chairs from the curb at existing sidewalk cafes were measured; that reducing the standard from four feet to three feet was reviewed from the perspective of providing adequate space for people to enter and exit vehicles; that reducing the distance requirement from the curb will have negligible impacts; however, language also has been added to require a minimum of four feet clear distance between tables. Planters Mr. Daughters continued that planters were previously prohibited in the permit area; that planters and landscaping, which make an area attractive, now will be allowed by an encroachment permit. Clear Zone for Pedestrian Access Mr. Daughters stated that several of the sidewalk cafes have tables which restrict pedestrian access from parked vehicles to the sidewalk; therefore, the following language has been included to ensure adequate pedestrian access through the permitted areas: The permittee shall maintain a four-foot wide clear zone for pedestrian access from the space between parking stalls or such space abutting the curb designated by the City manager through the permit area to the sidewalk. Mr. Daughters stated that he and Ms. Clair conducted a field review of the St. Armands sidewalk cafes on Monday, June 23, 1997. Mr. Daughters distributed, referred to, and explained the following chart which refers to the permitted and actual number of seats and the number of seats which will be allowed based on the proposed ordinance: Business Permitted Actual Proposed Café L'Europe 20 16 16 Charley's Crab 16 18 18 Joffrey's Coffee & Tea 24 20 20 St. Armands Deli 10 12 8 Swiss Coffee House 10 14 10 Big Olag Creamery 12 12 8 Cha Cha Cocoanuts 64 60 40 Barnie's Coffee & Tea 12 13 10 Loving Touches 16 0 Morty's Bagel Café 4 4 4 Ben & Jerry's 16 4 4 Columbia 32 28 20 Tommy Bahama Desired 40 seats; permit denied Jeff's Desserts 0 ) 5 Casey's Ice Cream 0 7 4 Kilwin's Chocolate J 16+ 16+ Mr. Daughters stated that Charley's Crab is in the process of updating their permit; that Big Olaf Creamery will not experience a reduction in seats if a table is relocated; that the seat loss for Cha Cha Cocoanuts and Barnie's Coffee & Tea will result from the four-foot distance requirement between tables. Commissioner Merrill asked for claritication of the purpose of requiring a distance of four feet between tables? BOOK 42 Page 14892 07/07/97 6:00 P.M. BOOK 42 Page 14893 07/07/97 6:00 P.M. Mr. Daughters stated that, currently, the tables at Cha Cha Cocoanuts are positioned so closely that no maneuvering space is available; that the four-foot distance requirement between tables will provide for maneuverability and a reasonable number of tables. Commissioner Merrill asked if the concern is with the inability of patrons to access the tables or to provide access from parked vehicles to the sidewalk? Mr. Daughters stated both; that, in addition, the four-foot distance requirement would improve the "wall" appearance created by closely-positioned tables. Commissioner Merrill stated that the problem identified has not been viewed personally. Commissioner Cardamone asked if the zeros next to businesses on the chart indicate the sidewalk cafes are being operated absent a permit? Ms. Clair stated yes; that permit approval for Jeff's Desserts is pending; that Casey's Ice Cream and Kilwin's Chocolate currently offer outdoor seating but have not obtained a sidewalk café permit; that notices have been forwarded advising the businesses of the need to obtain a sidewalk café permit. Vice Mayor Dupree stated that tables positioned too closely makes exiting chairs difficult and limits privacy in conversations; that restricting the distance between tables is supported. Commissioner Patterson stated that three feet is viewed as an insufficient width in which to completely open the side door of a vehicle; that the safety concern she envisioned was the potential of a passenger opening the side door of a vehicle and hitting one of the patrons seated in the chairs; and asked the original purpose for requiring a set distance from the tables to the curb? Mr. Daughters stated that the distance requirement from the curb was originally proposed to ensure convenient access to the sidewalk for passengers entering or existing parallel-parked vehicles; that the existing four-foot requirement was based on the standard distance requirements established to protect fixed objects from vehicle error. Commissioner Patterson asked if people were dining at the sidewalk cafes when the field review was conducted? Ms. Clair stated yes. Mr. Daughters stated that the field study was performed at approximately 2 p.m.; that some of the businesses had tables positioned within three feet from the curb; that convenient passenger access to and from a vehicle occurred in those locations. Commissioner Patterson stated that chairs positioned within inches of the curb have been viewed in front of the Columbia restaurant. Commissioner Patterson asked the reason the distance from the property lines of adjacent residentially zoned property is proposed at 80 feet? Mr. Daughters stated that the 80 feet includes the width of the right-of-way on most of the side streets on St. Armands Circle, which is 50 feet, and an additional 30 feet to meet site distance triangle requirements; that the measurements are taken from property line to property line. Commissioner Patterson stated that outdoor seating could be located within the 30 feet extending from the commercial property right-of- way toward the main establishment? Mr. Daughters stated that is correct. V. Peter Schneider, Deputy City Manager, stated that the Administration recommends the proposed ordinance be referred to the Planning Board/Local Planning Agency (PBLP) for a finding of consistency with the Sarasota City Plan. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to refer proposed Ordinance No. 97-4007 to the PBLP for a finding of consistency with the Sarasota City Plan. Commissioner Patterson stated that she is not comfortable with the proposed distance requirements; and asked if the proposed four-foot distance requirement will be measured between the tables? Mr. Daughters stated yes; that the distance will be measured from table to table regardless of the shape or size. Commissioner Patterson stated that the seats could actually meet back to back. Mr. Daughters stated that is correct; that approximately 50% of the businesses position tables within four feet of each other; that the remaining businesses provide a greater distance between tables, e.g., at Charley's Crab. Commissioner Patterson stated that, ironically, Charley's Crab was issued a notice of violation; that the density at Charley's Crab is far less than the density at other locations on St. Armands Circle. BOOK 42 Page 14894 07/07/97 6:00 P.M. BOOK 42 Page 14895 07/07/97 6:00 P.M. Mr. Daughters stated that the notice of violation issued to Charley's Crab was in reference to a different element of the ordinance. Commissioner Patterson stated that the four-foot distance required between tables will not address the issue of density; and asked if the public health department's mandate for indoor restaurants is stricter?. Mr. Daughters stated that the answer will be researched and reported back to the Commission. Commissioner Patterson stated that the proposed ordinance is an improvement compared to the existing ordinance; that the motion to allow for review of the proposed ordinance by the PBLP will be supported; that the ambiance created by allowing outdoor dining has made St. Armands Circle more popular; however, at the time the original ordinance was passed she had two concerns: traffic and parking; that a special assessment district was established to construct a $2 million parking lot which created approximately 150 additional parking spaces on St. Armands; that the actual number of seats at sidewalk cafes is 224 which, based on three seats per parking space, consumes 75 parking spaces; that, in essence, the ordinance dedicated half of the new parking lot to additional seats at the restaurants. Commissioner Patterson continued that at the time the original ordinance was adopted, the Commission was informed that a substantial expansion in seating in areas where landscaping existed was unlikely as a permit for the removal of the landscaping was necessary; that the City Manager indicated the City would not be approving such permits; that the graphics presented when the original ordinance was adopted showed both Cha Cha Cocoanuts and the Columbia as landscaped areas with virtually no potential for outdoor dining; however, the landscaping was removed and sidewalk cafes established; that removing landscaping and expanding seating will change the character of St. Armands Circle; that language to prevent the removal of landscaping for an expansion of outdoor seating should be included in the proposed ordinance or a policy decision drafted to ensure landscaping permits will not be approved to allow continual expansion of seating at sidewalk cafes. Commissioner Cardamone asked if the City can require the removed landscaping be replaced? Commissioner Patterson stated that the City may have approved permits for the removal of the landscaping. City Manager Sollenberger stated that the issue will be researched and a response reported back to the Commission. Commissioner Cardamone stated that she is also uncomfortable with the three-foot versus four-foot distance requirement from the curb; that providing an ability for the public to access and walk along the sidewalk is important. Commissioner Merrill stated that the Commission is attempting to fine tune an ordinance which has had positive results; that sidewalk cafes have provided additional character and attracted more people to the Downtown and St. Armands Circle; that the noise impact on residential properties is a primary concern, which the proposed ordinance addresses; that landscaping is an element of the character created by sidewalk cafés; that maintaining the landscaping is important; however, businesses which have maintained landscaping should not be penalized while other businesses that never installed landscaping are allowed to take advantage of their previous poor behavior by creating sidewalk cafes. Commissioner Merrill continued that the City should view the distance requirements between tables from the perspective of health, safety, and welfare versus a set distance preferred by the Commission; that business owners are more familiar with the desires of patrons and will change the layout if patrons are not comfortable with the distance between tables. Commissioner Merrill further stated that side doors of vehicles are easily opened within two-feet of space; that most garages built for maintenance-free homes have a 19-foot interior space, of which 12 feet is consumed by two vehicles, leaving three walking isles of two feet each; that many of the businesses currently violate the proposed distance requirement of three feet from the edge of the curb; however, motorists typically park eight to ten inches from the curb; that something which is working should not be changed. Mayor Pillot called for a vote on the motion to refer proposed Ordinance No. 97-4007 to the PBLP for a finding of consistency with the Sarasota City Plan. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 13. UNFINISHED BUSINESS: STATUS REPORT RE: UPDATE OF THE SOUTHEAST SARASOTA NEIGHBORHOOD TASK FORCE ACCEPTED (AGENDA ITEM VII-5) #3 (0936) through (1083) Dennis Daughters, Director of Engineering/City Engineer, John Lewis, Chief of Police, and Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission. Police Chief Lewis stated that the first meeting of the Southeast Sarasota Neighborhood Task Force was held at 7 p.m., June 24, BOOK 42 Page 14896 07/07/97 6:00 P.M. BOOK 42 Page 14897 07/07/97 6:00 P.M. 1997, at the Waldemere Fire Station; that a mailing list was compiled and agendas were mailed to those on the list; that invitations were sent to all neighborhood associations and the Coalition of City Neighborhoods Association (CCNA) ; that there was a large turnout for the meeting; that the following was accomplished at the June 24, 1997, meeting: Defined purpose of the Task Force Decided upon the boundaries of the study area Organized the Task Force into three committees: Crime Prevention, Code Enforcement, and Street Improvements and Traffic Calming Selected chairmen for each committee Decided upon time and location of each committee meeting Set agendas for the next meetings of each committee Police Chief Lewis stated that minutes of the first Task Force meeting are being prepared and will be forwarded to the Commission upon completion. Commissioner Merrill stated that the establishment of the Task Force has been well received; that the Staff has been successful in attracting participation from residents south of Hyde Park Street, who have been underrepresented in the past. Mayor Pillot requested the dates of the next committee meetings. Police Chief Lewis cited the following: Code Enforcement Committee July 22 and July 29, 1997 7 p.m. Waldemere Fire Station Crime Committee July 15, 1997 at 7 p.m. Sarasota Police Department Traffic Calming Committee July 22, 1997 at 7 p.m. Waldemere Fire Station Police Chief Lewis stated that additional dates and times will be established for the month of August. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to accept the status report on the Southeast Sarasota Neighborhood Task Force. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 14. UNFINISHED BUSINESS: APPROVAL RE: DIRECT THE PREPARATION OF A REVISED OCCUPATIONAL LICENSE ORDINANCE WITH REVISED LICENSE AND FEES AND SET FOR PUBLIC HEARING - APPROVED (AGENDA ITEM VII-6) #3 (1083) through (1307) Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission and stated that State law, pursuant to the Dudley Bill, allows the City Commission to consider an increase of up to 5% for occupational license fees every two years; that on April 21, 1997, the Administration was directed to review the current occupational license fee schedule and make recommendations as to any categories the proposed 5% increase should not be applied; that he met with V. Peter Schneider, Deputy City Manager; Gibson Mitchell, Director of Finance; and Lee Kovacs, Occupational Licenses Inspector, to discuss the issue; that increasing all categories by 5% except the following is recommended: Home-Based Occupation Category 32 Mr. Litchet stated that home-based occupations for which the fee is currently $42.00 are generally small companies that do not generate large revenuesi that Sarasota County's fee is substantially less at the current time; that many neighborhoods have expressed interest in the home-based occupation concept. Merchants, Wholesale and Retail Categories 37(a-i) Mr. Litchet stated that concern was expressed by the previous Equity Study Committee and the City Commission that small retailers have been paying a proportionately larger fee than other businesses which generate similar revenues; that Staff did not feel the same logic applies for merchants whose inventory stock is over $100,000, Category 37(j). Schools operating for Profit Categories 51(a-e) Mr. Litchet stated that the majority of schools licensed are music schools, nursery schools, and other types of schools that do not generate large revenues. Mr. Litchet continued that the proposed recommendation will increase annual revenues from occupational licenses fees by approximately $18,000; that a $25,000 increase in revenues is expected if all categories are increased by 5%. Commissioner Patterson asked if City business owners pay the County's license fee in addition to the City's fee? Mr. Litchet stated yes. Vice Mayor Dupree asked if the fees are determined based on the amount of money generated by the businesses? BOOK 42 Page 14898 07/07/97 6:00 P.M. BOOK 42 Page 14899 07/07/97 6:00 P.M. Mr. Litchet stated no; that the license fees are based on varying factors, e.g., number of employees, amount of inventory, square footage, depending on the category. Commissioner Cardamone stated that the fees should be based on the impact a business has on the City. City Manager Sollenberger stated that the Administration recommends authorizing the preparation of an ordinance to revise the Occupational License Ordinance consistent with the license fees recommended by Staff. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to direct the Administration to prepare and set for public hearing a revised occupational license ordinance consistent with the license fees proposed by Staff. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 15. UNFINISHED BUSINESS: APPROVAL RE: PROGRAM SCOPE AND AUTHORIZE THE CITY ATTORNEY TO PREPARE A LEASE FOR 18.75 ACRES LOCATED AT DR. MARTIN LUTHER KING JR. WAY AND MARION ANDERSON PLACE - APPROVED (AGENDA ITEM VII-7) #3 (1308) through (1356) City Manager Sollenberger stated that the Florida House Foundation, a 501(c)3 not for profit organization, through its Florida House Institute for Sustainable Development (FHI) proposes to use 18.75 acres of land located at Dr. Martin Luther King Jr. (MLK) Way and Marion Anderson Place for educational, research, and demonstration of Urban Agriculture that promotes an understanding of sustainable agriculture and sustainable water management; that the Administration recommends approving the program scope, provided the City will bear no expense other than making the land available, and directing the City Attorney to prepare a lease. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to approve the program scope and authorize the City Attorney to prepare a lease, as soon as possible, hopefully, for presentation at the July 21, 1997, regular Commission meeting. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 16. NEW BUSINESS: DISCUSSION RE: REOUEST FOR TEMPORARY PARKING ON KEN THOMPSON PARK BY WATER CLUB II = REFERRED TO ADMINISTRATION FOR NEGOTIATION OF FINAL CONTRACT AND TO REQUEST DEVELOPER TO ENCOURAGE AN ALTERNATIVE TRAVEL ROUTE TO ACCESSING KEN THOMPSON PARK THROUGH ST. ARMANDS KEY (AGENDA ITEM VIII-1) #3 (1359) through (1964) Mayor Pillot stated that at the June 16, 1997, regular City Commission meeting, the Parks, Recreation, and Environmental Protection Advisory Board recommended approval of a temporary agreement with Water Club II to park construction employees' vehicles at Ken Thompson Park for a two-year period; that a motion to refer the issue to the Administration for negotiation and development of a final contract failed by a Commission vote of 2 to 2; that he was not in attendance at the June 16 meeting and was subsequently contacted by the attorney representing Water Club II; that the City Auditor and Clerk has advised him a rescission of the vote is not necessary as no action was taken. On motion of Mayor Pillot (who passed the gavel to Vice Mayor Dupree) and second of Commissioner Patterson, it was moved to : approve the temporary parking agreement with Water Club II as presented at the June 16, 1997, regular City Commission meeting. Commissioner Cardamone asked if a 2 to 2 vote represents no action or denial? City Auditor and Clerk Robinson stated that the motion to approve failed 2 to 2; therefore, no action was taken. Commissioner Cardamone asked if a 2 to 2 vote on a motion to deny would have been viewed similarly? City Auditor and Clerk Robinson stated that a motion to deny which fails is also viewed as taking no action. Commissioner Patterson stated that at Planning Board/Local Planning Agency meetings, an item for which a motion to approve does not pass is considered denied. Commissioner Cardamone stated that this subject has been brought back for discussion four times, which surpasses the normal procedure for Commission consideration of any item; that earlier in the Agenda, the Commission quickly informed a developer of the City's disinterest in utilizing public park lands for public endeavors; that completion dates often vary from construction schedules; that a request for an extension to the two-year agreement for temporary parking can be anticipated; that she is not in favor of approving the request of Water Club II, but is less in favor of the same issue continuously returning to the Commission. Mayor Pillot asked if he is "out of line" in placing the item on the Agenda? City Auditor and Clerk Robinson stated no. BOOK 42 Page 14900 07/07/97 6:00 P.M. BOOK 42 Page 14901 07/07/97 6:00 P.M. City Auditor and Clerk Robinson stated that the recommendation at the June 16, 1997, meeting was to refer the temporary parking agreement with Water Club II to the Administration for negotiation and development of a final contract. Mayor Pillot stated that was the intent of his motion. Commissioner Patterson stated that Commissioner Cardamone raised a valid issue regarding future requests for extensions of the agreement; that the Ken Thompson Master Plan should be completed within two years; that the agreement negotiated should clearly specify a two-year term; that she voted against the request initially; that Water Club II reduced the number of vehicles for which parking would be required before the proposal was reviewed by the Parks, Recreation, and Environmental Protection Agency; that a former opponent to the request who sits on the Parks Board indicated his support for the request was based on the developers' willingness to work with Staff regarding the layout, locations, and relocation and a view that the impacts to the development of the Park would be de minimus, thus the dollars offered, which would assist in completing the Park earlier, should not be turned down. Commissioner Cardamone stated that the Parks Board did not take into consideration the traffic impacts to the neighborhoods by the employees accessing Ken Thompson Park through St. Armands Key. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to amend the motion to include requesting the developers of Water Club II to encourage or insist employees residing north of the City of Sarasota utilize a travel route other than accessing Ken Thompson Park through St. Armands Key. Commissioner Cardamone stated that a large number of the construction employees reside in Manatee County and north of the airport; that those employees should be required to utilize Gulf of Mexico Drive to access Ken Thompson Park. Mayor Pillot asked if the request is proposed as a requirement or an encouragement? Commissioner Cardamone stated that enforcement would be difficult if a requirement is established; however, using the terms encouraging/insist should be considered. Commissioner Patterson stated that language which would place the burden of enforcement on the City should not be included in the agreement; that she expects the developer will inform employees of the behavior preferred by the City and will attempt to control the impacts of traffic. Commissioner Merrill stated that motorists traveling long, roundabout routes generate environmental impacts, e.g., air pollution; that the amendment could be supported if the term "insist" is deleted from the motion and the language is not included in the agreement. Commissioner Cardamone, as maker of the motion, and Commissioner Patterson, as seconder, agreed to strike the term "insist" from the amendment. Mayor Pillot stated that he agrees the Commission's request should not be included in the agreement negotiated with Water Club II. City Auditor and Clerk Robinson restated the amendment as to include requesting the developers of Water Club II to encourage employees residing north of the City of Sarasota to use a travel route other than accessing Ken Thompson Park through St. Armands Key. Vice Mayor Dupree stated that he voted against the request previously; that the time required for use and the impacts on the completion of the Ken Thompson Master Plan have been reconsidered; that he will reluctantly support the main motion. Vice Mayor Dupree called for a vote on the amendment: Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Vice Mayor Dupree called for a vote on the main motion to: refer the temporary parking agreement with Water Club II to the Administration for negotiation and development of a final contract and 2) request the developers of Water Club II to encourage employees residing north of the City of Sarasota to use a travel route other than accessing Ken Thompson Park through St. Armands Key. Motion carried (4 to 1): Cardamone, no; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 17. APPROVAL RE: VIDEO IMPROVEMENTS FOR THE CITY COMMISSION CHAMBERS = ADMINISTRATION TO DEVELOP ALTERNATIVE PROPOSALS (AGENDA ITEM VIII-2 #3 (1934) through (2490) City Manager Sollenberger referred to and explained the following costs originally estimated, quotes/bids received, and items recommended for purchase in the amount of $24,635: Estimate Quotes Recommended Signal lighting $2,500 $3,400 Monitors 2,050 3,260 3,260 BOOK 42 Page 14902 07/07/97 6:00 P.M. BOOK 42 Page 14903 07/07/97 6:00 P.M. Portable Elmo 1,536 1,536 Ceiling camera 8,000 w/cable & installation Table remodeling 7,500 Lighting modification 300 300 500 Security wall 3,000 3,410 Slide-to-video transfer 4,375 unit w/monitor Control box w/cabling 1,000 TOTALS $9,386 $11,906 $24,635 City Manager Sollenberger stated that the recommended improvements would allow for complete site plans to be shown on the monitors versus the limited 18-inch by 18-inch graphic that can be shown on the portable Elmo; that the improvements would enhance the ability to show visual presentations both to those physically present in the audience and those viewing the meeting on television; that the Police Department has indicated the security wall proposed would not produce the benefit intended. City Auditor and Clerk Robinson stated that the Commission table would be widened to provide sufficient space in which to display site plans; that a camera mounted on the ceiling would project the site plan on overhead monitors positioned at the ends of the table facing the Commission. Commissioner Merrill stated that distancing the speakers from the Commission is not supported. Commissioner Patterson asked the additional cost for installing monitors at the Commission table versus two overhead monitors? Commissioner Cardamone stated that the cost for installing 13" color monitors recessed in the Commission table is estimated as $3,000 on page 4 of the Administration's report. Commissioner Merrill stated that the existing table is preferred to the County Commission's table, which is impersonal; that widening the table and positioning speakers six to eight feet from the Commissioners is not supported; that the area in which the Mayor presents awards would be dramatically reduced. Mayor Pillot stated that site plans could be placed on a table in a remote location as the camera will be projecting the site plan on the monitors. Commissioner Patterson stated that the speaker showing the site plan would be required to make the presentation from the remote location. Commissioner Merrill stated that sufficient space for the display of site plans would be provided if movable stands for the microphones were installed in front of the speakers' seats. Commissioner Cardamone stated that a microphone system similar to that in the County Commission Chambers should be considered in front of all the seats at the table. Commissioner Patterson agreed. Commissioner Patterson stated that the real need for improving the Commission Chambers is not recalled; that the ability to maintain eye contact with the presenter and audience will be lost if the Commission is required to view overhead monitors positioned to the side; that upgraded camera equipment to make the meetings project better and the installation of an alternative microphone system are the only features she feels are necessary; that monitors, if installed, should be placed at the table. City Manager Sollenberger stated that the Sarasota City Commission has set a high standard for openness in government and interaction with the public; that, currently, the audience and television viewers cannot see the site plan the Commission is viewing on the table and discussing; that existing camera equipment and lighting are insufficient to project clear presentations given on the slide projector; that the equipment proposed would be valuable in strengthening production capabilities of meetings and elevating the level of graphics presentations; that improving the projection of information to the audience and television viewers is important. Mayor Pillot stated that he agrees projecting information to the public is important; that except for the level of graphics presentations, the adequacy of the microphone systems is the only other feature he views as requiring improvement. Commissioner Cardamone suggested the following: widen the table slightly and remove the center microphone to provide sufficient space for the display of site plans utilize an Elmo to project the site plans onto monitors install one monitor for every two people seated at the table install an alternative style of microphones for each seat at the table BOOK 42 Page 14904 07/07/97 6:00 P.M. BOOK 42 Page 14905 07/07/97 6:00 P.M. replace the center speaker microphone with an alternative microphone, e.g., a portable microphone V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the suggestion is feasible; that cost estimates for replacing the microphones will be prepared. City Manager Sollenberger stated that a revised report based on the Commission's discussion will be prepared and brought back. Commissioner Merrill stated that large site plans are not frequently displayed; that widening the table even by six inches is of concern; that speakers often choose to address the Commission from the center seat; that providing amplification for the center speakers' seat may be difficult if the center microphone is removed; that speakers should not be required to hold a portable microphone while providing input; that the existing table should be retained. Mayor Pillot agreed; and stated that a hinged extension of the table in front of last two seats closest to the wall, where the City Manager Sollenberger and Mr. Schneider currently sit, should be considered to allow for site plan display. Commissioner Merrill stated that Mayor Pillot's suggestion is supported. City Manager Sollenberger stated that the Commission's support in favor of retaining the shape, size, and intimacy of the existing table is understood; that alternative proposals will be prepared for presentation to the Commission. Commissioner Cardamone asked if the Administration plans to report back regarding the placement of monitors between every two officials? City Manager Sollenberger stated yes; that the Administration will also report back regarding a change in the microphone system. Mayor Pillot stated that the existing table requires revarnishing. 18. NEW BUSINESS: DISCUSSION RE: FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE DESIGNATION OF THE CITY OF SARASOTA'S VOTING DELEGATE = DESIGNATED COMMISSIONER NORA PATTERSON: AUTHORIZED COMMISSIONER PATTERSON TO TRANSFER DELEGATION IF REQUIRED (AGENDA ITEM VIII-3) #3 (2490) through (2573) City Manager Sollenberger stated that the Florida League of Cities (FLC) Annual Conference will be held at the Buena Vista Palace on August 21-23, 1997; that each city is requested to designate one official as a voting delegate. Mayor Pillot stated that he will not be attending the FLC Annual Conference; that Commissioners Cardamone and Patterson are planning to attend; and asked for a volunteer to serve as the City's voting delegate. Commissioner Merrill stated that he is unable to attend the Conference. Commissioner Patterson stated that she is obligated to attend the Conference and is willing to serve as the City's voting delegate. On motion of Vice Mayor Dupree and second of Commissioner Merrill, it was moved to designate Commissioner Nora Patterson as the City of Sarasota's voting delegate at the FLC Annual Conference. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Patterson stated that the FLC requires a letter designating each city's delegate but allows the designated official to transfer the delegation to another official if required. Mayor Pillot stated that hearing no objections, Commissioner Patterson is authorized to transfer the delegation if deemed appropriate. 19. NEW BUSINESS: APPROVAL RE: SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 97-4005, IMPLEMENTING A PUBLIC SERVICE FEE: AMENDING THE SARASOTA CITY CODE TO IMPOSE THE PUBLIC SERVICE FEE ON NEWLY CONSTRUCTED STRUCTURES FOR THE PERIOD OF TIME AFTER A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED FOR A STRUCTURE AND THE POINT IN TIME WHEN THE STRUCTURE APPEARS ON THE TAX ASSESSMENT ROLLS OF THE SARASOTA COUNTY TAX COLLECTOR; SETTING FORTH FINDINGS: PROVIDING DEFINITIONS ESTABLISHING THE METHOD FOR COMPUTING THE PUBLIC SERVICE FEE ANNUALLY; PROVIDING A PROCESS FOR COLLECTION: REPEALING ORDINANCES IN CONFLICT: PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. - NO ACTION TAKEN (AGENDA ITEM VIII-4) #3 (2589) through (3794) Gibson Mitchell, Director of Finance, came before the Commission and stated that the Interim Service Fee Ordinance established by the City of Venice places a fee on new dwelling units to partially pay for all governmental services provided to new residential and commercial structures not on the Sarasota County tax rolls until the following January 1; that the Venice BOOK 42 Page 14906 07/07/97 6:00 P.M. BOOK 42 Page 14907 07/07/97 6:00 P.M. ordinance provides a methodology of calculating the fee for each new dwelling unit by determining the unreimbursed expense on a per dwelling unit basis; that proposed Ordinance No. 97-4005 requires the City of Sarasota's Finance Director to calculate an interim service fee each year using a prescribed methodology. Commissioner Patterson stated that a flat fee will be assigned to every residence. Mr. Mitchell stated that is correct. Commissioner Patterson stated that the proposed interim service fee will be greater than the ad valorem taxes subsequently assessed on some properties. Mr. Mitchell referred to and explained the proposed interim service fee calculation as of September 30, 1996, which reflected a cost per unit of $456.65 and a daily cost of $1.2511; and stated that prior year audited financials for the General Fund expenditures will be reduced by all General Fund revenues, except ad valorem taxes, and then the ad valorem taxes subtracted on vacant property; that the result of the calculation is divided by the total number of Equivalent Residential Units (ERU) to determine an annual fee per/ERU; that the annual amount is divided by 365 days to obtain a daily rate; that the fee is due and payable in the Building Department upon issuance of a Certificate of Occupancy. Commissioner Merrill stated that reference to the establishment of an interim service fee to partially pay for all the governmental services that will be provided to new residential structures not on the tax rolls as of January 1 indicates the property owner will not be paying any taxes; however, the City will receive utility franchise fees, excise taxes, etc., which make up a substantial portion of the City's budget. City Manager Sollenberger stated that the Administration recommends setting proposed Ordinance No. 97-4005 for public hearing. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to set proposed Ordinance No. 97-4005 for public hearing. Commissioner Patterson stated that the proposed ordinance will not be supported; that approximately two years ago, the Venice ordinance was presented for review to the City Manager who at that time reached the conclusion the revenue generated was not sufficient to pursue establishing a service fee; that an analysis of the effects of an interim service fee were not previously reviewed; however, based on the calculations prepared by Mr. Mitchell, the impact to residences constructed as affordable housing will be tremendous; that the construction of good, affordable housing in neighborhoods the City desires upgrading should not be discouraged by an interim service fee which will generate only $75,000 annually. Commissioner Cardamone stated that payment of the fee will not be required until a Certificate of Occupancy is issued, e.g., when a house is sold and the structure is occupied. Mr. Mitchell stated that is incorrect; that the Building Department issues Certificates of Occupancy upon completion of construction; that requiring payment upon issuance of the Certificate of Occupancy is the only control mechanism available to the City for the collection of the interim service fee. Commissioner Cardamone stated that the potential of structures remaining empty for months pending the sale of a structure, e.g., constructed by the Community Housing Corporation, was not considered. Commissioner Merrill stated that the general public continuously asks builders if a property is located within the City limits; that dispelling the reputation that cities have higher taxes is necessary for the City to be successful in attracting the development of homes on in fill lots; that the additional revenue generated by the proposed interim service fee will not fund a specific proposal; that he objects to the philosophy of establishing a new tax just because the option to do so exists. City Manager Sollenberger stated that the $75,000 of additional revenue has been incorporated in the proposed budget for FY 97/98 to support a variety of programs, including a Department of Neighborhood and Redevelopment; that the Commission may wish to delay action on this item until after the budget workshops. Commissioner Patterson stated that the average property owner in District #1 does not pay $300 or $400 annually in City ad valorem taxes; that an interim service fee requiring a one-time payment of $300 to $500 would be viewed as a penalty for building, e.g., in Newtown where the Commission is encouraging redevelopment; that the flat fee proposed will be counterproductive; that, conversely, she supports the Florida League of Cities and League of Counties' initiative to impose a Statewide partial-year tax assessment. Mayor Pillot asked if establishing a usable estimate of the property value based on the construction permits could be considered to address the valid concern raised by Commissioner Patterson and if such an approach would be legal? City Attorney Taylor stated that the concept would be legal; however, the proposal is not for a tax but for a service fee; and asked Mr. Mitchell if the necessary calculation could be made and BOOK 42 Page 14908 07/07/97 6:00 P.M. BOOK 42 Page 14909 07/07/97 6:00 P.M. apply for all circumstances taken into consideration in the proposed ordinance? Mr. Mitchell stated yes. Commissioner Patterson asked how the percentage would be derived? Mayor Pillot stated that property owners currently avoid a full year of assessment if the Certificate of Occupancy is issued on January 2; that the value attached to a building permit would be used to develop an annual estimate of assessment for the property, which would be divided by the number of days remaining in the year resulting in an interim service fee. Commissioner Patterson stated that the concept is interesting; that taxes are already assessed on the land before construction begins. City Attorney Taylor stated that the concept suggested is a possibility; that the proposed ordinance is modeled after the Venice ordinance; that the ordinances of other jurisdictions which have established interim service fees could be reviewed. With consensus of the Commission, the motion to set proposed Ordinance No. 97-4005 for public hearing was withdrawn by Commissioner Cardamone, as maker of the motion, and Vice Mayor Dupree, as seconder. Mr. Mitchell asked if the Commission wants the Administration to bring back alternative proposals? Mayor Pillot stated that a response to the feasibility of his suggestion is requested. Commissioner Cardamone stated that new homes in District #1 are being sold for $75,000; that the $456.65 interim service fee would not exceed the ad valorem taxes assessed on those properties in the future. Mayor Pillot stated that a property for which a Certificate of Occupancy is issued in December 1997 is included on the tax rolls on January 1, 1998, and the property owner receives a tax bill in November 1998. Commissioner Merrill stated that is correct. Commissioner Cardamone stated that the builder required to pay the interim service fee on properties not sold will most likely incorporate the cost in the selling price. Commissioner Patterson stated that a Statewide or Countywide partial-year assessment is supported as the tax would not be considered as an additional expense for building in the City; however, the proposed interim service fee is opposed. Mayor Pillot stated that the proposed interim service fee could be supported provided a more logical approach and a pro-rata basis can be developed. Vice Mayor Dupree stated that the service fees resulting from the consolidation of the Fire Department have been burdensome on property owners in other districts as well as in District #1; that the amount of additional revenue estimated is not worth the potential effect of discouraging the building of new homes in the City. Commissioner Cardamone agreed; and stated that people should not be penalized for building in the City; that she does not support the Administration's developing additional proposals for review. Mayor Pillot stated that Commissioners Cardamone, Merrill, and Patterson have withdrawn support for the concept; therefore, development of additional proposals is not necessary. 20. BOARD APPOINTMENTS: APPOINTMENT RE: PLANNING BOARD/LOCAL PLANNING AGENCY - APPOINTED DR. ROBERT KANTOR (AGENDA ITEM IX-1) #3 (3789) through #4 (0268) Mayor Pillot stated that the term of Judson Boedecker has expired; that the Commission had requested that Ronald Annis and Mr. Boedecker, who had served two full consecutive terms and were not eligible for reappointment, continue serving through the completion of the Land Development Regulations (LDRs) Update; that Mr. Annis declined; that Mr. Boedecker understands the intent of the Commission was to have both members continue serving and will respect the Commission's decision to appoint a new member to his seat. Commissioner Cardamone nominated Dierdre Fuller for appointment; and stated that Ms. Fuller has resided in Sarasota for 20 years and has been active in several civic organizations; that Ms. Fuller, whose real estate experience will bring a different perspective to the PBLP, showed a sincere interest in serving when interviewed. Commissioner Merrill nominated Brian O'Connell for appointment; and stated that Mr. O'Connell and his wife, who own the Hodgell Gallery in Downtown have been active in many civic organizations; that Mr. O'Connell would bring the perspective of some of the eastern neighborhoods to the PBLP. Vice Mayor Dupree nominated Steven Bradley for appointment; and stated that Mr. Bradley has resided in Sarasota for 10 years, has been involved with numerous civic organizations, and has expressed an interest in serving. Mayor Pillot nominated Dr. Robert Kantor for appointment; and stated that Dr. Kantor has resided in Sarasota for over 24 years BOOK 42 Page 14910 07/07/97 6:00 P.M. BOOK 42 Page 14911 07/07/97 6:00 P.M. and has re-emphasized his interest in serving on the PBLP; that the willingness of Dr. Kantor to give his extremely valuable time to serve on the PBLP provides the City with an unusual opportunity. Commissioner Patterson stated that as the Commission has been attempting to fill recent vacancies on the PBLP, she has on separate occasions supported nominations of both Ms. Fuller and Dr. Kantor; that expanding the membership on the PBLP should be considered; that all of the nominees set forth are excellent choices; however, her initial willingness to support Deirdre Fuller will be honored. Mayor Pillot called for a vote on the nominations. Dierdre Fuller received 2 votes: Cardamone, yes; Patterson, yes. Brian O'Connell received 1 vote: Merrill, yes. Steven Bradley received 1 vote: Dupree, yes. Dr. Robert Kantor received 1 vote: Pillot, yes. Mayor Pillot stated that a majority has not been achieved, and called for a second vote on the nominations. Dierdre Fuller received 2 votes: Cardamone, yes; Patterson, yes. Dr. Robert Kantor received 3 votes: Dupree, yes; Merrill, yes; Pillot, yes. Commissioner Cardamone and Commissioner Patterson requested their votes be changed, making the appointment of Dr. Kantor unanimous. Mayor Pillot announced the appointment of Dr. Robert Kantor to the Planning Board/Local Planning Agency(PBLP). 21. REMARKS OF COMMIBSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - REQUESTED ADMINISTRATION TO CONTACT SARASOTA COUNTY STAFF TO ENFORCE MAINTENANCE AT SOUTH LIDO BEACH, DEVELOP A PROPOSAL TO ERECT A FENCE AROUND THE CHILDREN'S FOUNTAIN AT ISLAND PARK, AND DETERMINE IF THE SARASOTA COUNTY ADMINISTRATION BUILDING PARKING LOT WAS CLOSED ON JULY 3, 1997; DIRECTED ADMINISTRATION TO SEND LETTER INFORMING THE SARASOTA MANATEE AIRPORT AUTHORITY THAT THE CITY WILL SIGN AS MAINTAINING AGENCY IF THE AIRPORT AUTHORITY WILL FUND THE COSTS OF MAINTAINING THE MEDIANS ON NORTH TAMIAMI TRAIL OUTSIDE THE CITY LIMITS AND PREPARE A RESOLUTION EXPRESSING APPRECIATION TO THE DOWNTOWN ASSOCIATION OF SARASOTA FOR PRESENTING THE FOURTH OF JULY CELEBRATION EVENT: AGREED TO SEND A LETTER OF APPRECIATION TO BARNETT BANK FOR MAKING PINEAPPLE AVENUE PARKING GARAGE AVAILABLE DURING THE BOAT PARADE (AGENDA ITEM X) #4 (0283) through (1173) COMMISSIONER CARDAMONE: A. stated that she attended a Sarasota Bay National Estuary Program (SBNEP) meeting earlier today; that Sarasota County decided to withhold their $50,000 annual contribution to the SBNEP despite the fact that the SBNEP has targeted $21 million in Federal, State, and miscellaneous grant funding over the past seven years to projects directly benefiting Sarasota County, i.e., a regional wastewater reuse system, habitat restoration, and a wastewater treatment program; that the County Commission voted to contribute $150,000 to fund a model and study of Little Sarasota Bayi that a coastal engineer will be hired to determine if Midnight Pass can be opened without having to dredge the waterway; that the SBNEP will also contribute funds to the study; that the policy committee intends to request that the County continue contributing $50,000 per year to the SBNEP. B. stated that on July 5, 1997, the morning after the Fourth of July, conditions at South Lido Park were appalling; that litter was strewn throughout the beach and Park property; that the current enforcement of the rules and maintenance of the Park are inadequate. Commissioner Patterson stated that South Lido Beach is owned by the County. Commissioner Cardamone stated that the Administration should notify the County that South Lido Park resembled a dump site with chicken bones and cans littered about the grounds. C. stated that a fence should be installed around the children's fountain "The Family Place" on Island Park; that children sometimes wander away from the fountain to the edge of the seawall; that installation of a low fence with two gates will eliminate the health problem produced by dogs drawn to the fountain and the need for a city-funded lifeguard. Mayor Pillot stated that the Administration should report back with a recommendation. City Manager Sollenberger stated that the City is obtaining one cost estimate for a wrought-iron fence and another for a chain-link fence; that installation of a plastic-coated chain-link fence may be an option. Commissioner Merrill stated that an unattractive chain-link fence should not be installed around the children's fountain on Island Park. BOOK 42 Page 14912 07/07/97 6:00 P.M. BOOK 42 Page 14913 07/07/97 6:00 P.M. Mayor Pillot stated that a wrought-iron fence will be more attractive and is preferable to a chain-link fence; that the fence should be designed absent sharp points along the top. D. stated that the medians on North Tamiami Trail in the vicinity of New College/University of Florida (USF) and the Sarasota-Bradenton International Airport are unattractive; that the medians on North Tamiami Trail located within City limits in the same vicinity are extremely attractive. Duane Mountain, Streets, Landscape Maintenance and Solid Waste Manager, came before the Commission and stated that three years ago, the Sarasota-Bradenton International Airport was required by the Florida Department of Transportation (FDOT) to install a new median north of the then-existing median and to renovate the median located underneath the overhead bicycle/pedestrian path at New College/USF; that a permit for improvements to State roads cannot be issued without an agreement from a governmental entity willing to maintain the new improvements; that the FDOT required the Sarasota Manatee Airport Authority to provide a document signed by a maintaining agency; that three years ago, the Airport Authority requested the Commission to sign an agreement to act as the maintaining agency for one of the medians on North Tamiami Trail; that the request was denied as the Commission determined a median located outside City limits should not be maintained by the City. Commissioner Patterson stated that more than one median was addressed; that two or three of the medians on North Tamiami Trail in the vicinity of New College/USF are located outside the City limits. Mr. Mountain stated that more than one median may be located outside the City limits; that the City Attorney was recently requested to prepare an interlocal agreement with the County by which the City would maintain the medians located on North Tamiami Trail in the County, and the County would maintain the medians in the newly annexed portions of the City on South Tamiami Trail; that the County was reluctant to maintain medians located in the City; that the City sent a letter advising the Airport Authority that the FDOT should be informed in writing that the Airport Authority would sign the agreement to act as the maintaining agency. Commissioner Patterson stated that a diplomatic letter from the City Commission to the Sarasota Manatee Airport Authority should be sent advising that the City will sign an agreement to act as the maintaining agency if the Airport Authority will fund the costs for maintaining the medians on North Tamiami Trail in the vicinity of New College/USF; that a cost estimate should be included in the letter; that one of the medians is located in Manatee County; that Sarasota County's refusal to maintain a median located in Manatee County is understandable; however, the cost of maintaining medians in Sarasota or Manatee Counties should not be funded by the City. Commissioner Merrill stated that he will support sending the letter; however, the Sarasota Manatee Airport Authority should not be expected to fund the costs of maintaining medians on North Tamiami Trail. Commissioner Patterson stated that Sarasota County should not be expected to fund maintenance costs for a median located in Manatee County. Commissioner Cardamone stated that the medians, located on a gateway to the City, are unattractive; that a letter should be sent informing the Sarasota Manatee Airport Authority that the City will maintain the medians if the Airport Authority will fund the costs. Mayor Pillot stated that hearing no objection, the Administration is directed to send a letter informing the Sarasota Manatee International Airport Authority that the city will sign an agreement to act as the maintaining agency if the Airport Authority will fund the costs of maintaining the medians located outside the City limits on North Tamiami Trail in the vicinity of New College/USF and the Airport. E. stated that the parking garage at Barnett Bank on Pineapple Avenue remained open with a parking attendant on duty until 9 p.m. during the Boat Parade on July 3, 1997; that a letter expressing the City's appreciation and encouraging Barnett Bank to continue making the parking garage available during Downtown events should be sent. Mayor Pillot stated that hearing no objection, a letter will be sent expressing the Commission's appreciation to Barnett Bank for keeping the Pineapple Avenue parking garage open during the Boat Parade on July 3, 1997, and encouraging the Bank to make the parking garage available during future Downtown events. Commissioner Cardamone stated that information was received indicating the parking lots at the Sarasota County Administration building were roped off and signs displayed prohibiting parking during the July 3, 1997, Boat Parade; that the information should be confirmed; and asked if the parking lot was open on the Fourth of July? City Auditor and Clerk Robinson stated yes. BOOK 42 Page 14914 07/07/97 6:00 P.M. BOOK 42 Page 14915 07/07/97 6:00 P.M. Commissioner Patterson stated that the County Commission may have scheduled a meeting at the Sarasota County Administration building on July 3, 1997. COMMISSIONER MERRILL: A. stated that the City Commission should publicly express appreciation to the Downtown Association of Sarasota for presenting the Fourth of July celebration activities; that the Downtown Association has assumed the responsibilities for the celebration each year; that one of the members has advised the responsibilities have become burdensome; that the Commission should publicly recognize the efforts of the Downtown Association of Sarasota. Commissioner Patterson stated that a resolution expressing appreciation to the members of the Downtown Association of Sarasota for presenting the Fourth of July celebration event should be drafted; that the resolution should be presented to Paul Thorpe, the Executive Director, at a regular Commission meeting. Mayor Pillot stated that hearing no objection, the Administration is directed to draft a resolution expressing the Commission's appreciation to the members of the Downtown Association of Sarasota for presenting the Fourth of July celebration event. Commissioner Cardamone stated that the members of the Downtown Association of Sarasota may decline future responsibility for the Fourth of July celebration due to the excessive amount of work. B. stated that Robert's Rules of Order provides direction as to when a speaker should yield the floor; that Commissioners sometimes ask questions of public speakers or Staff; that when the question is answered, the Commissioner, who still has the floor, may request the City Attorney to answer a question; that other Commissioners sometimes decide to ask a follow-up question while the first Commissioner still has the floor; that Robert's Rules of Order indicate the Commissioner asking the first question retains the floor until he/she yields the floor back to the Chair. Mayor Pillot stated that the rule is well known; that the body language of the Commissioner who has the floor is observed; that he asked a Commissioner at this meeting if the floor was yielded. Commissioner Merrill stated that he informed the City Auditor and Clerk a few weeks ago that the issue would be raised; however, he hesitated to do so at previous meetings which ran late; that the procedure followed at this meeting is not questioned. C. stated that Richard Martin, representing the Arlington Park Neighborhood Association at the June 16, 1997, regular Commission meeting, raised the issue of Brazilian pepper trees and potato vines overrunning Arlington Park; and requested Commission support to refer the issue to the Parks, Recreation, and Environmental Protection Advisory Board and to contact the Sarasota County Parks and Recreation Department to find a method to control the rapid growth of the two plants. Commissioner Patterson stated that the action is supported. Commissioner Merrill stated that Richard Sanger, Horticulturist, Sarasota Parks and Recreation Department, stated that the County is interested in developing a program to solve the overgrowth of the two species; that a program should be initiated by the City. Commissioner Patterson asked if small tubers are attached to the potato vine? Commissioner Merrill stated yes; that the potato vine is consuming the native vegetation in the forested areas of Arlington Park; that Brazilian pepper trees can be routinely cut down; however, a solution to controlling the potato vine is unknown; that the issue of the proliferating potato vine in Arlington Park should be referred to the Parks, Recreation, and Environmental Protection Advisory Board for review. Mayor Pillot stated that City Staff will know how to address the problem. COMMISSIONER PATTERSON: A. stated that other cities have ordinances regulating the behavior of dogs in public parks; that an ordinance in one city allows dog owners to unleash their pets after 10 p.m. and before 8 a.m.; that the City's ordinance in Island Park requires dogs be kept on leashes except when in the water; however, dogs are constantly running free as the ordinance is never enforced; that parents with children and elderly strollers who are most negatively affected by dogs running loose are not usually in Island Park after 10 p.m. or before 8 a.m.; that a time restriction included in the dog ordinance for Island Park may alleviate concerns expressed by the Sarasota County Health Department regarding dogs wandering in and out of the children's fountain "The Family Place". BOOK 42 Page 14916 07/07/97 6:00 P.M. BOOK 42 Page 14917 07/07/97 6:00 P.M. Commissioner Merrill stated that the fence for which the Administration is currently soliciting cost estimates should be installed before the regulations in the existing ordinance are revised to include time restrictions. Commissioner Cardamone stated that the existing City ordinance requiring dogs to be leashed should be enforced; that dog owners are not cleaning up after their pets. Commissioner Patterson stated that fewer protests from dog owners regarding the leash regulations may be elicited if dogs are legally allowed to run loose during specific time periods. B. stated that Dennis Daughters, Director of Engineering/City Engineer, developed extremely prudent proposals to the City's complicated stormwater problems; that Mr. Daughters's analysis was excellent. C. stated that City Staff has recommended the County address stormwater and maintenance problems related to the Newtown Canal by proceeding with the original proposal to pipe and cover the Canal; that the County's alternative concept to install an open pond on the property next to the Roy McBean Boys and Girls Club is opposed by City Staff; that the proper way to address the problem is unknown; that enclosing the entire Newtown Canal in pipe will cost hundreds of thousands of dollars more than the open-pond concept; that the expenditure should not be required unless a clear benefit to the community can be proven; that the issue should be addressed by City and County Staffs at a joint City/County Commission workshop rather than remain the subject of letters being sent back and forth; that a reasonable resolution should be sought. Mayor Pillot stated that the hazard to children posed by retaining an open area of Newtown Canal adjacent to the new Boys and Girls Club was originally a concern; however, the County's alternative open-pond concept is supported by Roy McBean, a member of the Board of Directors for the Boys and Girls Club of Sarasota County, Inc., who does not view the installation of a retention pond on the adjacent property as a hazard; that the activities of children attending the Boys and Girls Club are monitored. Commissioner Patterson stated that a clean, well-maintained, open drainage ditch can be an attractive amenity; however, the Newtown Canal is filled with shopping carts and refuse; that the City should determine if the request to the County to enclose the Newtown drainage ditch in pipe will provide the best results for the neighborhood; that no written agreement between the City and the County appears to exist. Commissioner Cardamone asked if the County has ever provided a written agreement promising to solve the drainage problems? City Manager Sollenberger stated that no written agreement between the City and County exists; however, the County Commission verbally committed to piping the Newtown Canal at a joint City/County Commission meeting several years ago. Commissioner Patterson stated that documentation should be developed to confirm the County's commitment to piping the Newtown Canal and City Staff's preference for the original project; that the correct action to address the problem is unknown. Commissioner Cardamone stated that the Boys and Girls Club may have accepted the County's alternative open-pond concept as a way to expedite the clean-up of the Newtown Canal. Mayor Pillot stated that Mr. McBean is thorough and attentive to problems affecting the Boys and Girls Club of Sarasota, Inc. Commissioner Patterson stated that the Newtown Canal extends into areas other than the property adjacent to the new Boys and Girls Club. D. stated that two of the five current members of the Planning Board/Local Planning Agency (PBLP) serve on another City Board; that although she supported Linda Holland's appointment to the PBLP, dual appointments became a concern when the Commission appointed to the PBLP a second individual who serves on another City Board; that the Commission traditionally has not appointed people to more than one City Board at the same time, especially the PBLP, on which membership is greatly desired; that clarification is requested. City Auditor and Clerk Robinson stated that the Commissions seated during the 1970s and 1980s did not appoint people to more than one City Board. Commissioner Patterson asked if previous Commissions deliberately limited people to membership on only one City Board? City Auditor and Clerk Robinson stated yes. City Attorney Taylor stated that a State Statute prohibiting dual office-holding by elected City officials does not apply to Board members; however, previous Commissions adhered to the practice as a matter of tradition when appointing people to City Boards. BOOK 42 Page 14918 07/07/97 6:00 P.M. BOOK 42 Page 14919 07/07/97 6:00 P.M. Commissioner Patterson asked if people were limited to membership on one City Board to ensure the equitable distribution of Board seats? City Auditor and Clerk Robinson stated yes; that the Commissions strove to provide equity. Commissioner Cardamone stated that two current PBLP members are also serving on the Nuisance Abatement Board, which does not function as an advisory Board to the City; that the duties of the PBLP and the Nuisance Abatement Board do not overlap as do those of the Board of Adjustment and the PBLP; however, members of both Boards must devote a great deal of time to service; that the Commission should avoid appointing people to more than one City Board in the future to provide more people the opportunity to serve. Commissioner Cardamone continued that the membership of the PBLP should be expanded to ensure the City's three electoral districts are equitably represented. Mayor Pillot stated that the PBLP should be requested to provide a recommendation as to whether the membership should be expanded. Commissioner Patterson agreed; and stated that the current PBLP membership of five should be expanded to seven members. Mayor Pillot stated that he will support the increased membership if the PBLP recommends the change. Commissioner Cardamone agreed. VICE MAYOR DUPREE: A. stated that appreciation is expressed to the City Manager and Staff for the work being performed on 18th Street and the Newtown drainage ditch. B. stated that the Commission voted this evening to lease 18.75 acres of City-owned land at Dr. Martin Luther King, Jr. Way and Marion Anderson Place to the Florida House Institute for Sustainable Development (FHI) for development of an Urbaculture Project; that the public and entrepreneurs will be educated regarding the potential of reclaimed water use in urban agriculture; that a pilot urban farm will be planted on three acres of the property; that the educational project will combine "brownfield infill" development, solid waste and reclaimed water utilization, and economic development; that Mote Marine Laboratory has indicated a willingness to purchase lettuce from the community garden to feed the manatees; that the Urbaculture Project will teach young people the fundamentals of agriculture and how to market the product; that a $100,000 grant recently received from the Manasota Basin Board will provide the FHI the ability to qualify for additional grants from miscellaneous sources. C. stated that the Economic Development Board (EDB) approved funding up to $35,000 to the FHI to develop a proposal for the Sarasota North Area Plan (SNAP); however, public input and commitments from other sectors of the community must be provided before the EDB will release the funds; that the FHI is meeting regularly with the Newtown Task Force and many other community organizations including representatives of the hospitality, financial, and arts communities; that the FHI will present specific commitments from the various community organizations to the EDB to release the funds necessary to complete the SNAP; that the SNAP, a diversified master plan, will be used to develop the north side of the City and parts of the County; that an update will be requested at the next EDB meeting. MAYOR PILLOT: A. stated that the Tourist Development Council (TDC) June meeting was canceled; that he will be unable to attend the July 17, 1997, TDC meeting; that the City will not be represented at the July meeting. Commissioner Cardamone asked if another Commissioner could attend as an alternate? Mayor Pillot stated that the ability of an alternate to vote is unknown. City Auditor and Clerk Robinson stated that he will determine if an alternate City Commissioner is allowed to vote on the TDC. Commissioner Patterson asked if an alternate Commissioner would be allowed to address the TDC? Mayor Pillot stated yes; that at the end of the meeting, the Chairman of the TDC invites the public to speak. City Auditor and Clerk Robinson stated that the alternate may be allowed to sit in the voting member's chair but not be allowed to vote. Mayor Pillot stated that the TDC meeting is scheduled at. 4 p.m., Thursday, July 17, 1997, in the second floor meeting room in the Sarasota County Administration building. B. stated that he and his wife spent their first Fourth of July out of the country at a dance competition in BOOK 42 Page 14920 07/07/97 6:00 P.M. BOOK 42 Page 14921 07/07/97 6:00 P.M. Jamaica; that the resort where the participants' rooms were booked and the competition scheduled had been preempted by the Jamaican government for a meeting of the prime ministers of Caribbean island countries; that the dance competition proceeded in an environment filled with security guards protecting the prime ministers. 22. OTHER MATTRE/ABKIMIETATIVE OFFICERS (AGENDA ITEM XI) #4 (1174) through (1177) CITY AUDITOR AND CLERK: A. stated that the Community Redevelopment Agency (CRA) workshop meeting to address the responses submitted by developers to the Request for Proposals (RFPS) to develop the Mission Harbor property is scheduled from 9 a.m. to 6 p.m., July 9, 1997; that the following City Commission meetings have been scheduled on July 10, 1997: 9 - 10 a.m. Special Commission meeting addressing the John Ringling Causeway Replacement Bridge 11 a.m. Budget Overview workshop 2 - 4 p.m. Joint workshop with the Sarasota Housing Authority to address the HOPE VI Grant for the Cohen Way Public Housing Development 6 = 10 p.m. Joint workshop with the Planning Board/Local Planning Agency (PBLP) to address the Neighborhood Element 23. ADJOURN (AGENDA ITEM XII) #4 (1178) There being no further business, Mayor Pillot adjourned the regular meeting of July 7, 1997, at 11:20 p.m. H GENE PILLOT, MAYOR , TA" ATTES a B. ROBINSON, CITY AUDITOR AND CLERK 3 € -