BOOK 41 Page 14621 05/19/97 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 19, 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, Deputy City Auditor and Clerk Karen McGowan, and City Attorney Richard Taylor ABSENT: City Auditor and Clerk Billy Robinson PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:10 p.m. Deputy City Auditor and Clerk McGowan gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF MONTH, APRIL 1997, PHYLLIS J. COFFEY, SENIOR CLERK, POLICE DEPARTMENT #1 (0050) through (0167) City Manager Sollenberger requested that E.J. Whitehead, Captain, and Phyllis Coffey, Training Clerk, Police Department come before the Commission. Captain Whitehead stated that Phyllis Coffey, a 12-year employee of the City, has worked in the Records Unit, the Criminalistics Unit, and the Training Unit at the Police Department; that Ms. Coffey serves as a liaison with the Criminal Justice Academy at the Sarasota Vocational Technical Institute; that Ms. Coffey currently tracks the training schedules of over 190 police officers, 75 full-time non-sworn employees, and 60 part-time employees; that training records are filed, reports forwarded to Tallahassee, and supervisors notified of the specific training needs required for a police officer's certification; that an error on Ms. Coffey's part would result in decertification of a police officer who would then have to be rehired after completing a new application and training process; that no such errors have occurred during Ms. Coffey's nine-year assignment to the Training Unit; that Ms. Coffey approaches the job as a career and displays a professionalism and dedication which directly benefits co-workers and supervisors; that Ms. Coffey's contributions to teamwork and the empathy and genuine interest to all who have contact with her exemplify an employee who serves with pride and excellence. Mayor Pillot stated that only 12 employees representing less than one percent of Staff per year are selected as Employee of the Month; that being selected by one's fellow workers is an honor and source of pride. Mayor Pillot presented Ms. Coffey with a City-logo watch, a plaque, and a certificate as the April 1997 Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. Ms. Coffey recognized her husband, Richard, who was present in the audience. 2. PRESENTATION RE: EMPLOYEE APPRECIATION TEAM, ONE OF THE OUTSTANDING TOTAL QUALITY PERFORMANCE TEAMS #1 (0168) through (0340) William Davenport, Director of Human Resources, and Maggie Sumney, Total Quality Performance Manager, came before the Commission. Mr. Davenport requested the members of the Employee Appreciation Team to come before the Commission and stated that the Employee Appreciation Team, one of the original Total Quality Performance Teams, was assembled in 1990 to determine how best to recognize the achievements of other employees. Ms. Sumney stated that the Total Quality Performance Employee Appreciation Team is an outstanding group of employees which was first assembled in 1990; that Florene Blake who began as a facilitator has since become an active team leader; that Gary Bickersteth, Foreman, Utility Stockroom, was unable to attend this meeting, was an active team leader and is now a member; and introduced the members of the Employee Appreciation Team: Officer Arthur Walls, Police Department Kathy Hall, Procurement Specialist, General Services Dept. Carole Favreau, Assistant Manager, Bobby Jones Golf Course Bonita Butler, Management Assist., Sarasota Mobile Home Park Susan Millburn, Accounting Technician, Finance Department Florene Blake, Building Technician I, Building Department Ms. Sumney stated that the energy and creativity of the members of the Employee Appreciation Team is overwhelming; that the Team is responsible for golf tournaments, the annual longevity luncheon, the annual City picnic, the holiday festivities held in City Hall Lobby, and many other numerous activities. Mayor Pillot presented a paperweight to each of the members of the Total Quality Performance Employee Appreciation Team in appreciation for all of their efforts. BOOK 41 Page 14622 05/19/97 6:00 P.M. BOOK 41 Page 14623 05/19/97 6:00 P.M. 3. PRESENTATION RE: SENTENCING GUIDELINES: AUTHORIZED MAYOR TO SEND LETTER URGING GOVERNOR LAWTON CHILES TO SIGN COMMITTEE SUBSTITUTE FOR HOUSE BILL 241 #1 (0341) through (1128) Earl Moreland, State Attorney of the 12th Judicial Circuit, and John Lewis, Chief of Police, Police Department, came before the Commission. Chief Lewis stated that State Attorney Moreland has a background in law enforcement and is President of the Florida Prosecuting Attorneys Association, an organization which is working diligently to initiate changes in the sentencing guidelines. State Attorney Moreland stated that sentencing guidelines have existed since 1983; that in 1992, problems with jail overcrowding, early releases, etc., led to the passing of lenient sentencing guidelines to alleviate prison overcrowding; that the Law Enforcement Chiefs Association and the Sheriff's Association have attempted to toughen the sentencing guidelines each year, leading to changes in 1992, 1993, 1994, and 1995; that a person must be sentenced according to the guidelines in place at the time the crime occurred. State Attorney Moreland distributed a sentencing guidelines score sheet and a document listing and ranking the crimes; and stated that the State Legislature will pass statutes, for example, a third-degree felony is punishable by five years in prison, a second-degree felony by fifteen years, etc.; that crimes are ranked Level 1 through 10; that a specific number of points are provided for primary offenses; that Level 4 under primary offenses such as a business burglary warrants 22 points; that additional points are included for having a prior record or causing victim injury; that the points are totaled at the bottom of the sentencing guidelines score sheet; that judges are provided a range within which individuals can be sentenced. State Attorney Moreland continued that six business burglaries must be committed before a person is eligible for State prison under the current sentencing guidelines; that the judge has no discretion to sentence a burglar to prison until the sixth conviction has been received; that a sentence in County jail or probation will be imposed prior to the sixth conviction; that twelve convictions of cocaine possession are required before a felon is sent to State prison. State Attorney Moreland further stated that the State Legislators from the local delegation supported prosecutors by passing Committee Substitute for House Bill 241, a new sentencing guidelines bill which virtually abolishes the current sentencing guidelines; that House Bill 241 sets the rankings, the guidelines, and the minimum score at which a felon must be sentenced; that serious crimes at Levels 6 through 10 such as burglary will result in prison sentences on the first offense; that a judge will not be allowed to sentence below the minimum; that sentences are currently restricted by a statutory maximum of five years; that the new bill no longer limits judges to maximum sentences; that House Bill 241, if signed, will take effect in October 1998; that until October 1998, interim sentencing guidelines have been developed to provide judges discretion on sentencing whether the crime committed is the first business burglary, the first possession of cocaine, the first grand theft motor vehicle, etc.; that judges will be allowed to sentence from 1 to 22 months in a Florida State prison for any offense committed during the interim period before House Bill 241 takes effect. Commissioner Patterson asked if Committee Substitute for House Bill 241 has been signed into law? State Attorney Moreland stated that Committee Substitute for House Bill 241 has passed through the State House and the Senate and is now on the Governor's desk for signature; that the Chiefs of Police and the Sheriffs' Associations supported House Bill 241 as well as members of the local Legislative Delegation from both the House and Senate; that the Commission and community residents are requested to write or telephone the Governor's office and urge him to sign the bill; that if signed, House Bill 241 will take effect in October 1998. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to authorize the Mayor to send a letter representing Commission support of the Governor's signing of Committee Substitute for House Bill 241. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot asked if the sentencing guidelines in Committee Substitute for House Bill 241 will apply to a crime committed this year? State Attorney Moreland stated no; that the new sentencing guidelines will only apply to crimes committed after Committee Substitute for House Bill 241 takes effect in October 1998. Vice Mayor Dupree asked the sentencing guidelines which would be applied to a person who committed a crime in 1992, was not convicted, committed another crime in 1996, was not convicted, and then committed a crime again in 1998? State Attorney Moreland stated that certain crimes such as white-collar crimes occur over a long period of time; that the sentencing guidelines in Committee Substitute for House Bill 241 will not apply to crimes committed before the bill takes effect; BOOK 41 Page 14624 05/19/97 6:00 P.M. BOOK 41 Page 14625 05/19/97 6:00 P.M. that individuals will be prosecuted under the statutes which are in effect at the time the crime was committed; that prior convictions will affect the sentences handed down for crimes committed in 1997; that 12 convictions for cocaine possession are required before a felon is sentenced to the State prison; that felons have been receiving probation or sentences in County jails rather than State prisons; that a felon can now be sentenced from 1 to 22 months in State prison according to the interim sentencing guidelines which will be in effect until House Bill 241 takes effect in October 1998. Commissioner Patterson asked the new sentencing guidelines? State Attorney Moreland stated that a judge can sentence up to the statutory maximum after Committee Substitute for House Bill 241 takes effect in March 1998; that a third-degree felony will be punishable up to five years in prison; that a second-degree felony such as robbery with a weapon will be punishable up to fifteen years. Commissioner Patterson stated that the County Commission should be requested to send a letter of support to the Governor's office. State Attorney Moreland stated that the County Commission has been extremely supportive of his activities with the Florida Prosecuting Attorneys Association; that much of the burden for the crime problem has fallen onto counties and cities. Commissioner Cardamone stated that prostitution is an ongoing problem in neighborhoods; and asked how Committee Substitute for House Bill 241 will affect the problem? State Attorney Moreland stated that prostitution is a misdemeanor and will not be affected by Committee Substitute for House Bill 241 under which only felonies are addressed; that the State Attorney's Office has met with Police Chief Lewis and Linda Holland, President of the Gillespie Park Neighborhood Association; that he received a letter written jointly by Ms. Holland and Detective Robert Gorevan commending the excellent prosecution which resulted in a tough sentence for a repeat prostitution offender; that although prostitution is a local rather than State problem, the State Attorney's Office is addressing this quality of life issue. Mayor Pillot asked the geography of the 12th Judicial Circuit? State Attorney Moreland stated that 20 judicial circuits exist in the State; that the 12th Judicial Circuit contains Sarasota, Manatee, and DeSoto Counties. Chief Lewis stated that an individual arrested in May 1995 for two counts of sale of cocaine was discovered as having been sentenced previously as a habitual offender and was sentenced to 20 months in prison followed by two years of probation; that the individual served 12 months and was placed on two years of probation; that in December 1996, the person was rearrested for sale of cocaine, went back to court in March 1997, and received an additional two years of probation for violating probation from the original offense and three years of probation for the second arrest to run concurrently from December 1996; that only two and a half years probation were received for criminal activities which cost the Police Department a great deal of time and effort. Commissioner Cardamone asked what can be expected if Committee Substitute for House Bill 241 takes effect in October 1998. State Attorney Moreland stated that the individual referenced by the Police Chief would come under the new sentencing guidelines in the event a new crime is committed and could be sentenced to the statutory maximum; that all prior convictions will affect the sentencing under the new guidelines; that judges are currently allowed to sentence leniently if a drug problem exists; that judges give lighter sentences for crimes committed by felons suffering from drug addiction; that Committee Substitute for House Bill 241 eliminates the drug mitigator. Commissioner Cardamone asked if the new sentencing guidelines will assist the community in removing felons from the streets? State Attorney Moreland stated yes; that unfortunately, individuals who exhibit anti-social behavior should be removed from the community; that excellent results are occurring in the new Drug Court, a special court designed to intervene in cases thought to be caused by the defendant's drug addiction; that Drug Court is funded by the Local law Enforcement Block Grants Program and has the authority to require treatment, drug counseling and mandatory drug testing; that the number of repeat offenders should be reduced by Drug Court which has already been implemented in 20 cases. Mayor Pillot asked the correct way to refer to the legislation on the Governor's desk. State Attorney Moreland stated that Committee Substitute for House Bill 241 is the name of the bill; that he will be happy to answer any questions the Commissioners may have regarding the new sentencing guidelines. Mayor Pillot stated that the Commission will send a letter urging the Governor to sign Committee Substitute for House Bill 241; that community residents should write or fax Governor Lawton Chiles to sign Committee Substitute for House Bill 241; that the Police Department and the State Attorney's Office will be assisted in reducing crime in the area; that community residents have a high respect and appreciation for the State Attorney's leadership. BOOK 41 Page 14626 05/19/97 6:00 P.M. BOOK 41 Page 14627 05/19/97 6:00 P.M. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (1129) through (1150) Deputy City Auditor and Clerk McGowan presented the following Changes to the Orders of the Day: A. Remove Board Actions, Item No. II-1, Report Re: Citizens With Disabilities Advisory Board's Regular Meeting of April 18, 1997, per the request of Housing and Community Development Director Hadsell. On motion of Vice Mayor Dupree and second of Commissioner Merrill, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 5. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF MAY 5, 1997 APPROVED (AGENDA ITEM NO. I-1) #1 (1152) through (1159) Mayor Pillot asked if the Commission had any changes to the minutes. Mayor Pillot stated that hearing no changes, the minutes of the regular City Commission meeting of May 5, 1997, are approved by unanimous consent. 6. BOARD ACTIONS: REPORT RE: LOCAL OPTION SALES TAX TEN-YEAR EXTENSION PRIORITY LIST - SCHEDULED L.0.S.T. WORKSHOP FROM 2 TO 4 P.M. ON JUNE 2, 1997 AND A PUBLIC HEARING ON JUNE 16, 1997; REQUESTED COMPILATION OF COMMISSIONER . S PROJECT PRIORITIES WITH COMBINED TOTALS FOR RANKINGS (AGENDA ITEM II-2) #1 (1172) through (1808) Gibson Mitchell, Director of Finance, came before the Commission and stated that the Administration, at the April 29, 1997, workshop addressing Local Option Sales Tax (L.0.S.T.) extension projects, was directed to develop a compilation of projects ranked for priority by the Commission; that a project prioritized by three or more Commissioners will have a high priority, two or more Commissioners, a mid-level priority, and one Commissioner, a low priority. Mr. Mitchell continued that the priorities of the five Commissioners have been summarized into four reports; that Report 1 shows the overall ranking given to each project in the column labeled "total"; that a ranking of "1" was given if three or more Commissioners gave a high priority "1" to a project, a ranking of 2 if two or more Commissioner gave a high priority of "1," and a ranking of "3" given if three or more Commissioners gave a mid-level priority of "2" to a project; that Report 2 shows which projects are Priority 1 as well as the cost estimate for each project; that Report 3 shows the number with which each Commissioner ranked the priorities and the associated costs of the project; that some Commissioners changed the amounts of money to be allocated to specific projects; that Report 4 shows each Commissioner's "1," "2," and "3" rankings accompanied by the total costs; that a workshop should be scheduled between now and June 2, 1997, to determine the projects the Commission wishes to advertise for the June 16, 1997, public hearing. City Manager Sollenberger stated that the workshop could be scheduled from 2 to 4 p.m. before the June 2, 1997, regular Commission meeting. Mayor Pillot stated that hearing no objection, there is a consensus of the Commission to schedule a L.O.S.T. workshop from 2 to 4 p.m. on June 2, 1997. Commissioner Patterson stated that the one-cent L.O.S.T. extension will generate $52 million in revenues over a 10-year period for the City; that the Commission was requested by the L.O.S.T. Task Force to prioritize projects without committing the entire $52 million as funds should be set aside for unforeseen future projects; that she committed $47.5 million; that only she and Commissioner Merrill kept their total priorities under $52 million, the amount expected to be generated; that Vice Mayor Dupree prioritized $72 million and Mayor Pillot $60 million; that Commissioner Cardamone projected $2 million over the projected revenues; that prioritizing projects $20 million over the available amount skews the list unfairly. Mr. Mitchell stated that the Sarasota Herald-Tribune reported the intention of the School Board of Sarasota County to request a larger percentage than originally planned; that the City's share of L.O.S.T. revenues will be reduced to $43 million if the County approves the School Board's request; that the Commission should not leave funds available to be taken away by other entities. Commissioner Cardamone stated that the priority list was considered as a wish list to be negotiated down to the correct amount; that the public will not be presented a list totaling a greater amount than the funds available; that the L.O.S.T. Task Force recommendation to leave funds open for unexpected projects is supported. Commissioner Patterson stated that her list was based on the Engineering Department's recommendation regarding stormwater management; that $14 million was subtracted from the available amount to accommodate possible stormwater obligations; that the city Commission reached consensus at today's joint City/County Commission meeting to authorize the Administration to develop a method which will enable the City to retain the Stormwater Environmental Utility (SEU) interlocal agreement with the County; BOOK 41 Page 14628 05/19/97 6:00 P.M. BOOK 41 Page 14629 05/19/97 6:00 P.M. that the City Commission must decide how many dollars should be budgeted to stormwater management; that Phillippi Creek residents will shoulder an unfair burden of stormwater costs for the next 20 years if basic stormwater assessments on Whittaker Bayou and the Hudson Bayou Basin are eliminated; that she will not support a list of projects totaling $20 million in excess of the $52 million in L.O.S.T. revenues estimated for the next 10 years. Mayor Pillot stated that the Commission's task was not interpreted as being restricted; that the projects were prioritized on the basis of principle; that he believes strongly in stormwater management. Commissioner Patterson asked if the Commission will vote on the list of projects after the public hearing? Mayor Pillot stated that the Commission has the responsibility to determine when to approve the list of projects eligible for L.O.S.T. funding; that the burden for the decision should not be placed on the Director of Finance. City Manager Sollenberger stated that the Commission should reach a decision as soon as possible after the public hearing; that the projects chosen by the City for L.0.S.T. funding will be included in the Countywide referendum. Commissioner Patterson stated that Clematis Street which has a failing drain should be included as a priority for L.0.S.T. funding. City Manager Sollenberger stated that the Administration recommends scheduling a public hearing on June 16, 1997. On motion of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to schedule a public hearing on June 16, 1997, for which the project list determined at the June 2, 1997, L.0.S.T. workshop will be appropriately advertised. Commissioner Merrill stated that another compilation should be developed in which the projects would receive each Commissioner's ranking calculated into a total; that one Commissioner would provide a 3, another a 2, another a 1, etc.; that the rankings would be totaled in one column. Mr. Mitchell stated that a project would appear to have a high ranking if four Commissioners provoked no votes or "O" rankings and one Commissioner provided a "1" ranking. Commissioner Merrill stated that such a report would illustrate a Commissioner's strong feeling about a project; and requested another ranking. Mr. Mitchell stated that another compilation will be provided. Commissioner Patterson asked if the items which were ranked "3" were counted in the tally? Mr. Mitchell stated no; that providing three priorities using "1" and "2" rankings was considered sufficient. Mayor Pillot called for a vote on the motion to schedule a public hearing on June 16, 1997, at which time the project list determined at the June 2, 1997, L.0.S.T. workshop will be appropriately advertised. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1,2,3,4,5 AND 6 - APPROVED (AGENDA ITEM III-A) #1 (1809) through (1859) Commissioner Patterson requested that Item No. 3 be removed for discussion. 1. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute the First Amendment to Agreement for Engineering Services with Post, Buckley, Schuh & Jernigan, Inc., Sarasota, Florida, (RFP #96-24) to prepare plans and specifications and administer a construction contract to correct inflow/infiltration and structural defects in the sanitary sewer collection system 2. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract with Environmental Construction and Consulting, Inc., Palmetto, Florida, (Bid #97-57) for the replacement of the Verna Wellfield fuel storage tank system 4. Approval Re: Three Party Agreement between Sarasota County, the City of Sarasota and Ann B. Atwill for the renewal of Comcast's individual cable franchises with the County and the City 5. Approval Re: Receipt of the 1996 Annual Board Reports 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Three Party Agreement to host the Team One Baseball Showcase in June of 1997-2000, between the City of Sarasota, Team One Sports and Sarasota Baseball Classic Committee, Inc. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item BOOK 41 Page 14630 05/19/97 6:00 P.M. BOOK 41 Page 14631 05/19/97 6:00 P.M. Nos. 1, 2, 4, 5 and 6. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 3. Approval Re: Authorize the Mayor to execute the Indenture for Amendment of Easement between the City of Sarasota and K & V Associates concerning a house located at 340 Morningside Drive which has been constructed encroaching into a City Drainage Easement Commissioner Patterson stated that her husband's law firm represents Elliott Metcalfe and Becky Titus, the prospective purchasers of the property owned by K & V Associates; therefore, she declares a conflict of interest and will not vote on this item. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve Consent Agenda No. 1, Item No. 3. Motion carried unanimously (4 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, abstained; Pillot, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 97R-982) ADOPTED; ITEM 2 (RESOLUTION NO. 97R-985) = ADOPTED; ITEM 3 (ORDINANCE NO. 97-3993) = ADOPTED; AND ITEM 4 (ORDINANCE NO. 97-3994) - ADOPTED (AGENDA ITEM III-B) #1 (1860) through (2848) Commissioner Merrill requested that Item No. 4 be removed for discussion. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 97R-985 in its entirety and proposed Resolution No. 97R-982 and Ordinance No. 97-3993 by title only. 1. Adoption Re: Proposed Resolution No. 97R-982, establishing the objectives to ensure equal employment opportunity in the areas of employment, and equal access to the facilities and services of the City of Sarasota. Establishing the structure for the city's Equal Employment opportunity Program, for processing complaints and administrative reviews; the structure for equal access to facilities and services of the City of Sarasota for the Department of Employee Services; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 97R-985, appropriating $35,000 from the Unappropriated Fund Balance of the L.0.S.T. Fund to provide funds to purchase trailers in the Sarasota Mobile Home Park as they become available; etc. 3. Adoption Re: Second reading of proposed Ordinance No. 97-3993, amending Article VIII, Sections 8-123 and 8-125, Zoning Code, of the City of Sarasota, pertaining to permitted and prohibited uses in the C-CBD Zone District; allowing amplified music not in a completely enclosed structure on property which is more than two hundred fifty (250) feet from any use which is primarily residential as a permitted use in the C-CBD Zone District only by issuance of a permit; prohibiting amplified which is not in a completely enclosed structure on any property located less than two hundred fifty (250) feet from any use which is primarily residential; providing for definitions; repealing Article X, Section 10-3 pertaining to noise; repealing ordinances in conflict; providing for the severability of parts hereof; etc. (Title Only) On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 3, inclusive. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 4. Adoption Re: Second reading of proposed Ordinance No. 97-3994, amending Chapter 20, Sarasota City Code, to create the City of Sarasota Noise Control Ordinance; setting forth declaration of policy and definitions; prohibiting unreasonable noise; setting forth specific acts considered to be unreasonable noise; prohibiting amplified music in the C-CBD Zoning District between certain times on certain days, except in a completely enclosed structure; establishing 70 dB as the maximum permissible sound level in the C-CBD Zoning District; repealing ordinances in conflict; providing for the severability of parts hereof; etc. (Title Only) Commissioner Merrill stated that proposed Ordinance 97-3994 is the most restrictive noise ordinance in the area; that the Tampa noise ordinance set the limit at 85 decibels (dB) to be measured at the source of the noise; that the St. Petersburg ordinance allows 70 dB measured with a sound meter using the decibel A-weighting (dBA) at the receiving point; that Sarasota is imposing a measurement of 70 dBA at the source of the noise; that expecting a noise level of 70 dBA at Dolphin Tower is different than expecting a noise level of 70 dBA at Lemon Coast Grille; that noise drops by 6 dBA each time the distance is doubled from the source to the receiving point; that a noise level of 75 dBA at the Lemon Coast Grille will decrease to 55 dBA at Dolphin Towers; that St. Petersburg measures 70 dBA at the receiving point; that the decibel limit in the proposed ordinance should be raised by 5 dBA; that no complaints have been received when music at the Lemon Coast plays at between 75 and 80 dBA. BOOK 41 Page 14632 05/19/97 6:00 P.M. BOOK 41 Page 14633 05/19/97 6:00 P.M. Commissioner Merrill continued that the Downtown Association of Sarasota advocated a decibel level of 85 dBA measured at the source of the sound; that he recommended a decibel level of 80 dBA at the May 5, 1997, regular Commission meeting when the proposed ordinance was introduced at first reading; that the Commission approved a decibel level of 70 dBA; that noise problems should be regulated; however, the Commission may have gone too far in setting the limit at 70 dBA; that the noise ordinance will be the most restrictive of any of the surrounding communities; that the Commission, with just two public hearings, can decrease the decibel limit to 70 dBA; that a decibel limit of 75 dBA will allow Lemon Coast Grille to continue to play outdoor music; that the decibel limit of 70 dBA will put the Main Street Depot and possibly the Lemon Coast Grille out of business; that a limit of 75 dBA may be sufficient. Mayor Pillot asked if the Commission has the authority to support the recommendation to make the decibel level less restrictive? City Attorney Taylor stated yes. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to adopt proposed Ordinance No. 97-3994, amending the decibel limit to be set at 75 rather than 70 dBA. Commissioner Cardamone stated that at the May 5, 1997, regular Commission meeting, a decibel meter was placed on the table to enable the Commission to observe the results; that the following dBA levels were registered: Violin 73 dBA Harmonica 75 dBA Flute 78 dBA Vocal Presentation 74 dBA Bagpipes 98 dBA Commissioner Cardamone continued that the harmonica's 75 dBA level was not offensive; and asked if the harmonica would have to play much quieter in order to reach 75 dBA if the sound was amplified? Commissioner Merrill stated yes. Commissioner Cardamone stated that the Commission is restricting the decibel level to 70 dBA at the source of the noise rather than the receiving point; that changing the hours of operation has provided great relief to the residents; that limiting the decibel level to 75 dBA at the sending site may be more appropriate. Vice Mayor Dupree stated that the Commission does not intend to eliminate Downtown business; that increasing the decibel level by 5 dBA may or may not solve the problem; that the Downtown Association of Sarasota has worked hard to build up the Downtown; that although the Commission does not want to destroy businesses, senior citizens should be able to sleep. Commissioner Patterson stated that the correct sound level lies somewhere between 70 and 75 dBA; that the most relevant factor is where the person with the decibel meter stands; that Ernest Ritz, Owner, Main Street Depot, advised that a decibel level of 70 dBA would interfere with the operation of the business; that she visited the establishment at 10:30 p.m. on a Friday night; that Mr. Ritz took the decibel reading directly behind the band located at the outermost edge of the property line before the sidewalk begins; that the music was measured at between 72 and 73 dBA; that Mr. Ritz can place baffling with sound absorbing material on the property line; that the decibel meter. measured 68 dBA at the edge of the sidewalk approximately 10 feet from the band; that patrons of the establishment indicated the sound level of the music was acceptable and appropriate. Commissioner Patterson continued that Mark Singer, Attorney, City Attorney's Office, was asked where police officers would measure the sound; that measuring sound from the edge of the sidewalk at the street would be more advantageous than at the property line; that Mr. Singer advised police officers would not know whether the ground under the sidewalk is owned by the property owner; that the Police Department should be advised to take the readings from the street; that changing the decibel limit from 70 to 75 dB in the proposed ordinance is not supported. Commissioner Merrill stated that passing an ordinance measuring the sound at the street would be acceptable; that the sound at the property line was measured at 72 or 73 dBA; that the neighbors will have quiet at 75 dB; that changing the proposed ordinance to require the decibel readings to be taken at the street would be sufficient; however, the proposed ordinance passed at first reading requires the sound to be measured at the property line. Commissioner Cardamone stated that a spot on the sidewalk should be marked where the sound level will be measured to ensure consistency; and asked if the proposed ordinance could include language requiring the sound be measured at a specific mark? City Attorney Taylor stated that including the language would not require significant revision; however, the circumstances where the readings are taken can be diverse depending on the types of activity in progress, the layout of the property, etc.; that measurements can be taken with strict precision only in a perfect world; that the Police Department does not encounter precise situations; that the speed limit is set at a specified miles per hour (mph); however, traffic control officers do not generally issue citations to people traveling 37 mph in a 35 mph zone; that BOOK 41 Page 14634 05/19/97 6:00 P.M. BOOK 41 Page 14635 05/19/97 6:00 P.M. the City wants to make sure a case is made when time and effort is expended for a prosecution; that the Police Department is not expected to issue citations for complaints of sound levels at 71 dBA; that the readings will have to be significantly over 70 dBA before a citation is warranted. City Attorney Taylor continued that the City should not be placed in a compromised situation by taking measurements at the location most disadyantageous to the property owner; that the police will exercise conservative judgment regarding the location at which the sound level is measured; that the proposed ordinance states the measurement will be taken at or beyond the property line; that the property line can be interpreted as being at the curb and then two or three steps beyond that if the City wishes to err on the side of being fair; that the benefit of the doubt should be provided to the property owner to ensure a sound case is available for litigation when the City goes into court. Commissioner Cardamone stated that going into court with a complaint for a decibel reading of 71 or 72 dBA will be difficult. City Attorney Taylor stated that although the City wants to enforce the ordinance, the restriction should not be so precise as to provide no latitude. Mayor Pillot stated that intuitively, he believes Commissioner Merrill is correct; that the only reason he will not vote "yes" on the motion to change the decibel limit from 70 to 75 dBA is the fact that the ordinance was adopted after a four-hour public hearing; that although many people spoke against the ordinance and would be happy to see the change, many spoke in favor; that holding another public hearing process to amend the ordinance is preferred to doing so at this meeting; that he believes Commissioner Merrill is correct and would probably support an increase in the decibel limit if the public hearing process is rescheduled. Mayor Pillot called for a vote on the motion to adopt proposed Ordinance No. 97-3994, amending the decibel limit to be set at 75 rather than 70 dBA. Motion failed (4 to 1): Cardamone, no; Dupree, no; Merrill, yes; Patterson, no; Pillot, no. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 97-3994 by title only. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to adopt Consent Agenda No. 2, Item No. 4. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried (4 to 1): Dupree, yes; Merrill, no; Patterson, yes; Pillot, yesi Cardamone, yes. Mayor Pillot requested Deputy City Auditor and Clerk McGowan to explain the public hearing process. Deputy City Auditor and Clerk McGowan stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3997, TO CONDITIONALLY REZONE FROM RMF-3 ZONE DISTRICT TO TAD ZONE DISTRICT AND TO APPROVE DEVELOPMENT PLAN 97-DPR-09 TO ALLOW ADMINISTRATIVE OFFICES ON REAL PROPERTY AT THE SOUTHWEST CORNER OF 6TH STREET AND COCOANUT AVENUE, WITH A STREET ADDRESS OF 521 COCOANUT AVENUE, SARASOTA, FLORIDA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NOS. 97-CO-06 & 97-DPR-09, PETITIONER ROBERT F. BLUCK, EXECUTIVE DIRECTOR, SUNCOAST THERAPEUTIC EDUCATIVE PROGRAM, INC.) - PASSED ON FIRST READING (AGENDA ITEM IV) #1 (2849) through (3554) Jane Robinson, Director of Planning and Development, came before the Commission, displayed on the overhead projector Preliminary Site and Development Plan 97-DPR-09, and stated that proposed Ordinance No. 97-3997 is a request to conditionally rezone the property located at 521 Cocoanut Avenue from the Residential, Multiple-Family (RMF) -3 Zone District to the Theater and Arts (TAD) Zone District; that Preliminary Site and Development Plan Petition 97-DPR-09 is filed in conjunction with Conditional Rezoning Petition 97-CO-06 to allow the 1,800 square-foot existing structure on the site to be restored and utilized as offices serving disabled children; that the restoration of the structure is Phase I of the proposed redevelopment of the property consisting of four lots; that the Planning Board/Local Planning Agency found Petition Nos. 97-CO-06 and 97-DPR-09 consistent with the Sarasota City Plan and the Tree Protection Ordinance and recommended approval subject to the following two conditions: 1) a final plan is submitted on which proper trees designated by an authoritative source are indicated, and 2) the final site plan is designed to conform with parking space size and aisle and entry widths as required in the Zoning Code parking provisions. Commissioner Cardamone requested clarification of the TAD Zone District and the overlay district. Ms. Robinson stated that the site is currently zoned as an RMF-3 Zone District; that the entire Downtown area south of Fruitville Road has already been zoned as a TAD Zone District; that BOOK 41 Page 14636 05/19/97 6:00 P.M. BOOK 41 Page 14637 05/19/97 6:00 P.M. properties eligible for rezoning to the TAD Zone District located north of Fruitville Road require rezoning on a case by case basis; that the TAD Zone District was designed to provide incentives for development of cultural uses which are expected to take advantage of relaxed parking and setback requirements; however, commercial and office uses are also allowed. Commissioner Cardamone requested clarification of the parking requirements. Ms. Robinson stated that one parking space per 350 feet or 3.4 spaces are required; that nine spaces will be provided on site; that any additional development in the future will require approval of a site plan by the PBLP and the Commission. Robert Bluck, Executive Director, Suncoast Therapeutic Educative Program, Inc., came before the Commission and stated that the petitioners wish to renovate the building at 521 Cocoanut Avenue on the corner of Sixth Street; that the building will be used as an office for a 501 (c) (3) for disabled children; that all conditions have been satisfied with the site plan. Commissioner Cardamone asked if the office will serve the Suncoast Therapeutic Educative Program, Inc.? Mr. Bluck stated yes. Commissioner Cardamone asked future expansion plans? Mr. Bluck stated that no decision has yet been made regarding future expansion plans; that the site stretches over four properties; that the Suncoast Therapeutic Educative Program, Inc., intends to purchase all four properties from an elderly woman; that the TAD Zone District will be requested for all four properties to enable future development plans which will be brought before the Commission for approval at the appropriate time. Commissioner Cardamone asked if designating the use as a 501 (c) (3) will remove the property from the tax rolls? Mr. Bluck stated yes; that the house and two lots will be taken off the tax rolls; that the two remaining lots may not be included in the 501 (c) (3) designation; that the 501 (c) (3) designation is required for the central offices serving disabled children; that development plans for the remaining lots have not been determined. Vice Mayor Dupree asked if this is the Leonard Reed property? Mr. Bluck stated yes. Vice Mayor Dupree asked if the property will be repaired or demolished? Mr. Bluck stated that the intention of Suncoast Therapeutic Educative Program, Inc., to restore the property. Vice Mayor Dupree stated that the Leonard Reed house qualifies as an historical site; that Leonard Reed was one of the pioneers of the area; that Viola Reed, his daughter, still resides in the house. Mr. Bluck stated that funds are being raised to restore the house to its original condition and use it as an office serving disabled children. Mayor Pillot opened the public hearing. The following people came before the Commission: Jeff Pflugner, 2033 Main Street, Suite 101 (34236), deferred from speaking. Danny Bilyeu, 1056 Cocoanut Avenue (34236), stated that he is Ms. Reed's real estate broker charged with selling the property; that Mr. Bluck has assured the building will be restored; that he supports rezoning the property to the TAD Zone District as a neighborhood resident; that the Commission is requested to approve the rezoning. Commissioner Cardamone asked if the Rosemary Distinct Redevelopment Advisory Board addressed the issue? Mr. Bilyeu stated no; that an office in the TAD Zone District is an allowed use and does not require a hearing before the Rosemary District Redevelopment Advisory Board. There was no one else signed up to speak and Mayor Pillot closed the public hearing. Deputy City Auditor and Clerk McGowan entered the following documents into the record: City of Sarasota Zoning Code Sarasota City Code City of Sarasota Comprehensive Plan (Sarasota City Plan) Engineering Design Criteria Manual Standard Building Code (1994 Edition) with Appendices A,D,F,H,J & M and City of Sarasota local amendments All documents made part of the record at the PBLP meeting of April 2, 1997 as well as the minutes of that meeting The Development Plan and Application for Conditional Rezoning submitted by the petitioner BOOK 41 Page 14638 05/19/97 6:00 P.M. BOOK 41 Page 14639 05/19/97 6:00 P.M. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 97-3997 by title only. City Manager Sollenberger stated that the Administration does not make recommendations on quasi-judicial matters. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to pass proposed Ordinance No. 97-3997 on first reading. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried (4 to 1): Merrill, yes; Patterson, yes; Pillot, yes Cardamone, no; Dupree, yes. 10. CITIZENS . INPUT CONCERNING CITY TOPICS: (AGENDA ITEM VI) #1 (3555) through #2 (0262) Jessie Johnson, 919 Goodrich Avenue (34236), stated that an incident occurred last year at a convenience store patronized by his family; that one of the two police officers inside the store followed his teenage daughter to the family vehicle; that his daughter went back into the store and then left with her mother; that a police officer informed his wife of 19 years that someone in the store accused her of shoplifting; that the police officers ordered his wife out of the car and told her that they wanted to take her inside the store and search her; that the police officers escorted his wife into the store, leaving their crying children in the car; that a woman who stayed with the children witnessed one of the police officers searching his son. Mr. Johnson continued that the incident occurred one year ago; that the problem was not brought before the Commission as police can do anything to black people in this community without fear of repercussion; that he has been angry about the situation; that his home has not been the same; that his children have suffered emotional damage; that the Police Department refused to provide the names of the police officers; that he has been unable to speak to the Police Chief; that he went to the Police Station and stated that he wanted to discuss an incident which happened to his family; that the police officer refused to believe him; that two weeks ago, he was in a vehicle in line behind a police vehicle stopped in the roadway for an unusually long time; that someone else in a vehicle in the line blew his horn; that the police officer got out of the vehicle and told him that he would give him a ticket if he blew the horn again and asked "Do you hear what I'm saying?"; that he told the police officer to either give him a ticket or get out of his face; that is why he is here tonight; that things are happening to black people in this community. Mayor Pillot requested a response from the City Manager. City Manager Sollenberger stated that the Administration will review the complaint and report back to the Commission. Mayor Pillot stated that although he has not had the privilege of meeting his family, Mr. Johnson is known from appearances before the Commission; that Mr. Johnson is a positive and contributing citizen to the community; that the Commission and the City Manager will follow up and remain in contact. Vice Mayor Dupree stated that he has known Mr. Johnson's family for many years; that Mr. Johnson was encouraged to address the issue before the Commission; that Mr. Johnson who seldom missed a Commission meeting while Fredd Atkins was Commissioner suddenly stopped attending meetings; that a noticeable change occurred in Mr. Johnson's attitude; that Mr. Johnson came to his home, discussed the incident, and was advised to air the incident before the Commission; that he appreciates Mr. Johnson coming before the Commission. Mayor Pillot thanked Mr. Johnson and stated that the City Manager will contact him with a report. Casey Gonzmart, 2025 East Seventh Avenue, Tampa (33605). representing Columbia Restaurant, deferred speaking until Agenda Item VII-6, Unfinished Business: Discussion Re: St. Armands Circle Noise Abatement Work Plan. 11. UNFINISHED BUSINESS: APPROVAL RE: REQUEST OF COASTAL RECOVERY FOR APPROVAL OF A LOAN AGREEMENT BETWEEN THE CITY, COASTAL RECOVERY CENTERS, INC., AND FIRST UNION NATIONAL BANK = APPROVED REQUEST; REQUESTED MEMORANDUM FROM CITY ATTORNEY REGARDING PAYBACK TERMS IN THE INTERLOCAL AGREEMENT WITH THE COUNTY (AGENDA ITEM VII-1) #2 (0270) through (1181) City Manager Sollenberger stated that Coastal Recovery Centers, Inc., wishes to increase the leasehold lien existing on the two acres of City-owned property at 1451 Tenth Street upon which the Crisis Stabilization Unit (CSU) is located; that the property is leased from the City for $1 per year; that the leasehold lien will be increased from $425,000 to $900,000, for a period of 15 years, on a one-time basis only; that the existing lease has approximately 44 years remaining; that Coastal Recovery has consented to a lease amendment removing the restriction in the existing lease which prohibits the sale or lease of the remaining five acres of the Tenth Street property for any use other than not for profit. City Manager Sollenberger stated that the Administration recommends approving the amendment to the proposed loan agreement between the City, Coastal Recovery Centers, Inc., and the First Union National Bank of Florida pertaining to financing and the lease agreement as to the sale of the Tenth Street property. BOOK 41 Page 14640 05/19/97 6:00 P.M. BOOK 41 Page 14641 05/19/97 6:00 P.M. City Attorney Taylor stated that this request previously before the Commission at the March 17, 1997, regular Commission meeting, generated a great deal of discussion as to the benefit of the proposed loan agreement to the City, and subsequently no action was taken on the request; that he and the City Manager have since spent a great deal of time reviewing the background of the transaction and determining how the refinancing agreement could be beneficial for both the City and Coastal Recovery. City Attorney Taylor continued that a previous Commission decided to lease approximately two acres of the seven-acre Tenth Street site to Coastal Recovery for fifty years; that approximately 44 years remain on the lease; that part of the overall financing package required a mortgage on the leasehold; that the amount of the mortgage developed in the original 1992 tri-party agreement between the City, Coastal Recovery, and Barnett Bank was $900,000 which has been paid down to approximately $425,000; that no limitations were placed on the 1992 tri-party agreementi; that although the mortgage was acknowledged, the 1992 tri-party agreement did not specify any parameters regarding the manner of financing, the ability to renew financing, the number of years of the term, etc.; that in order to obtain the necessary funding to acquire the Tenth Street site, the City obtained a $400,000 contribution from the County for property acquisition and property improvements; that the County has a 50-year lien on the property. City Attorney Taylor further stated that a clause in the existing lease agreement restricts the City's ability to freely market the remaining five acres of the site; that the property had originally been contemplated as housing a number of social service agencies; that those plans were changed when the previous Commission decided not to allow more social service agencies on the remaining five acres; that the City has the right in the event of Coastal Recovery's default to lease the CSU to a new tenant; however, a substitute tenant must be found within six months; that under the existing lease agreement, if no substitute tenant is found within six months, the City would have to enter into a new lease with Barnett Bank. City Attorney Taylor stated further that the proposed loan agreement places an absolute 15 year cap on the period of time during which the mortgage will be amortized in exchange for approval of reestablishing the mortgage at $900,000; that an amortization schedule will be attached to the proposed addendum to the lease and loan agreement showing the outstanding balance each year; that the paragraph encumbering the ability of the City to sell the remaining five acres for something other than a social service agency will be removed; that the proposed addendum to the lease and loan agreement removes the restriction that the City may only lease the property to another entity which would operate a CSU; that the property would be opened up to any use which could financially qualify to assume the mortgage; that the proposed addendum to the lease and loan agreement provides the City the three rights enjoyed under the original lease agreement to lease the property, to take the property back, or if in the City's best interest to do so, to buy out the mortgage in the event of Coastal Recovery's default; that he and the City Manager recommend approval of the proposed loan agreement and the addendum to the lease and loan agreement as in the City's best interest. James Sleeper, 2596 Mapleloft Road, (34232) representing Coastal Recovery Centers, Inc., deferred from speaking. On motion of Vice Mayor Dupree and second of Commissioner Merrill, it was moved to approve the amendment to the tri-party agreement between the City, Coastal Recovery Centers, Inc., and the First Union National Bank of Florida pertaining to the loan agreement and removing from the lease the restrictions regarding sale or lease of the Tenth Street property. Commissioner Patterson stated that the request will not be supported; that Coastal Recovery is expected to be able to meet the obligations; however, the property was purchased to fulfill commitments made to Coastal Recovery by a previous Commission; that a great deal of dissension existed among the previous Commissioners as to whether only not-for-profit agencies would be sited on the property; that a 3 to 2 vote in favor of restricting the use of the property to not for profits concluded a bitter Commission discussion; that the City unfairly assumed the burden for the entire County by expending $1 million in City funds to purchase a property on which a facility serving Countywide interests was constructed; that the purchase of the Tenth Street property for the CSU was approved as Coastal Recovery had made commitments to obtain a grant to construct the facility based on promises made by the previous Commission; that the proposed loan agreement states the City will have to find a substitute tenant to take over the CSU if Coastal Recovery defaults or pay off a $900,000 mortgage rather than the current mortgage balance of $425,000. Commissioner Patterson further stated that the current lease prohibits the City's leasing or selling the remaining five acres of the parcel to any use other than not for profit; that approval of the proposed loan agreement will release the City from that restriction; that neither the City Attorney nor the City Manager advised the terms of the lease should be changed before the previous Commission signed the document; that the Commission recently discussed selling, leasing, or donating the remaining five acres to Key Packaging Company to retain the manufacturer in the City; that neither the City Attorney nor the City Manager remembered that the 1992 tri-party agreement forbids the City to BOOK 41 Page 14642 05/19/97 6:00 P.M. BOOK 41 Page 14643 05/19/97 6:00 P.M. sell or lease the parcel for commercial uses; that the Commission is a public body and the City Manager and City Attorney are employees; that the public should be apprised when a serious error has occurred. Commissioner Cardamone stated that that the 1992 tri-party agreement is unfavorable for the City; that although deleting the restriction which prohibits the sale or lease of the remaining property for commercial uses is beneficial, such a restriction should never have been placed on City-owned property; that the Tenth Street site has been publicly declared available for commercial development; and asked how the restriction was placed in the lease? City Attorney Taylor stated that he was the City Attorney when the 1992 tri-party agreement was written; that the circumstances in 1992 were extremely different than circumstances existing today; that a strong commitment to support Coastal Recovery existed on the part of the City; that he personally put forth a yeoman's effort to expedite the transaction according to the direction given by the previous Commission; that the City employee who directed the City's redevelopment effort had just left and a number of problems developed with the timing of the transaction; that a change in Commissioners occurred; that one Commissioner strongly in favor of the 1992 tri-party agreement changed his mind at the last minute; that the entire transaction had been structured under premises which collapsed at a Commission meeting; that a number of leases were not finalized; that an interlocal agreement sitting on the table signed by the Sarasota Board of County Commissioners waiting for approval by the City Commission was not approved but held over until a later meeting; that although the interlocal agreement with the County was later amended, Coastal Recovery was provided two years to develop the CSU; that a study of the Tenth Street site was to be undertaken by Downtown consultants. City Attorney Taylor continued that many of the instruments providing the rights due to Coastal Recovery by the Commission were approved at the August 19, 1991, regular Commission meeting; that the two acres on which the CSU is located has been encumbered from the beginning and will continue to be encumbered by both City and County liens for a long time; that he apologizes for the offending clause restricting the City's use of the property; that the restriction should not have been placed in the 1992 tri-party agreement; that the restriction reflects the way the entire transaction including the site plan and rezoning was oriented and the position of the Commission at the time the 1992 tri-party agreement was brought to the table. Commissioner Cardamone asked the size of the Tenth Street property? City Attorney Taylor stated that the entire site is approximately seven acres; that the CSU is located on approximately two acres. Commissioner Cardamone asked if the proposed addendum to the lease and loan agreement will allow the City to sell, lease, and develop the remaining five acres of the property including the frontage on Tenth Street? City Attorney Taylor stated yes. Commissioner Cardamone stated that three Commissioners at the March 17, 1997, meeting understood Coastal Recovery would exhaust alternate methods of refinancing; that Coastal Recovery should inform the Commission as to which options were investigated to refinance the mortgage without involving the City. Commissioner Patterson agreed. James Sleeper, 2596 Mapleloft Road (34232), representing Coastal Recovery Centers, Inc., came before the Commission and stated that Coastal Recovery spent a great deal of time with First Union National Bank of Florida reviewing various ways to structure the refinancing; that the inclusion of the CSU as collateral is necessary due to the value of the property. Commissioner Patterson stated that an officer of First Union National Bank of Florida assured her Coastal Recovery is absolutely solid; that no chance of a default exists; that she suggested First Union should give Coastal Recovery the loan without subordinating the City property; and asked if Coastal Recovery explored the possibility of refinancing absent a lien on City property? Mr. Sleeper stated yes; that the Department of Children and Families used to pay one month in advance for services provided by Coastal Recovery; that the contract with the State agency has changed; that payment for services now takes one month or longer after the services are provided; that having to bear the costs for a longer period of time before payment is received has produced a cash flow problem; that the CSU must be included in the financing package due to the change in the payment schedule contracted by the State. Commissioner Patterson stated that in the May 15, 1997, memorandum to the Commission, the City Attorney indicated that the City would be under an obligation to pay the County back $400,000 if the property were sold; that the City has already paid the County $150,000 for refusing to site other not for profits on the site; and asked if the City must pay the County $250,000 in totality if the property is sold or leased for commercial use? City Attorney Taylor stated that the interlocal agreement with the County is not available this evening; that a formula setting forth the terms of the payback is included in the interlocal BOOK 41 Page 14644 05/19/97 6:00 P.M. BOOK 41 Page 14645 05/19/97 6:00 P.M. agreement; that a payback would be required only if the property is sold; that the County must be paid $250,000 even if the property is sold at a loss. Commissioner Patterson asked if the County receives $250,000 even though Coastal Recovery occupies more than one third of the site? City Attorney Taylor stated that the document is believed to be written in that manner. Commissioner Patterson asked that the document be reviewed and a memorandum distributed to the Commission to clarify the issue; that the consequences if the balance of the property were leased for a nominal fee for economic development should be included in the memorandum. Commissioner Cardamone stated that those questions should be answered before the vote is taken this evening; and asked if the document can be reviewed if the Commission decision is delayed until later this evening. Mayor Pillot stated that Commission action is required to delay a decision. On motion of Commissioner Cardamone, it was moved to delay until later in the agenda Commission decision regarding the amendment to the tri-party agreement between the City, Coastal Recovery Centers, Inc., and the First Union National Bank of Florida. Motion died for lack of a second. Commissioner Patterson stated that the motion was not seconded as the research required by the City Attorney relates not to Coastal Recovery but to disposal of the remaining five acres and the City's obligation to reimburse the County under the interlocal agreement. Mayor Pillot stated that he did not support the request to increase the lien against the City's Tenth Street property from $425,000 to $900,000 when the issue was first brought to the Commission at the March 17, 1997, regular Commission meeting; that a motion was made which died for lack of a second; that he believed provisions in the lease required revision and a discussion with a representative of the First Union National Bank of Florida regarding Coastal Recovery's financial condition was imperative; that he met with Mr. Sleeper, an officer of First Union, and an interested local businessman who is uninvolved in either the loan or Coastal Recovery operations; that the First Union officer assured him that the bank was completely at ease with the terms of the loan and confident of Coastal Recovery's financial strength; that the loan would not be approved if any doubts existed. Mayor Pillot continued that the City Attorney did a good job representing the City's interests both this time and six years ago; that City-owned property should be used for the good of the public whom the Commission serves; that Coastal Recovery serves an important public purpose in addressing existing social problems in the community; that Mr. Sleeper and the official from the First Union National Bank of Florida were informed that the recommendations of the City Manager and the City Attorney would determine his vote; that he will support the motion to approve the request. Commissioner Cardamone stated that the request will be supported to expedite the addendum removing the restrictions from the lease; that the five remaining acres of City-owned property will then be eligible for commercial redevelopment. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, no; Pillot, yes. 12. UNFINISHED BUSINESS: APPROVAL RE: PROCEED WITH THE DESIGN AND BIDDING PROCESS FOR THE BOULEVARD OF THE PRESIDENTS (IN THE MEDIAN) MUNICIPAL SIDEWALKS PROJECT - REQUESTED CITY ENGINEER TO PUT IN WRITING HIS OPINION THAT NO ADDITIONAL FLOODING ON SOUTH BOULEVARD OF THE PRESIDENTS WILL OCCUR; APPROVED (AGENDA ITEM VII-2) #2 (1187) through (1842) Dennis Daughters, Director of Engineering/City Engineer, Duane Mountain, Streets, Landscape Maintenance and Solid Waste Manager, and David Johnston, Landscape Architect, David W. Johnston Associates came before the Commission. Mr. Daughters displayed a drawing of the conceptual plan of the proposed median landscaping and sidewalk project on South Boulevard of the Presidents, and stated that Staff recently met with the Lido Key Residents Association, chaired by Audrey Lucker, President, and presented individual copies of the conceptual plan of the proposed median landscaping and sidewalk project; that the concept was approved with no dissenting votes; that the project will be located on South Boulevard of the Presidents; that the sidewalk will be installed in the center of the median from Polk Drive to Cleveland Drive as the drainage swales are located on the roadway side of the median; however, the sidewalk will be located on the roadway side of the median from Cleveland Drive to Taft Drive because the drainage swale is in the center; that the sidewalk will continue west along Taft Drive to Benjamin Franklin Drive. Mr. Daughters continued that the drawing represents the same conceptual plan presented to the Lido Key Residents Association; that the Association is concerned as to whether the impervious surface of the sidewalk will impede drainage and cause flooding; BOOK 41 Page 14646 05/19/97 6:00 P.M. BOOK 41 Page 14647 05/19/97 6:00 P.M. that the Association was informed no additional flooding is likely; that flooding problems have been alleviated on South Boulevard of the Presidents since the drainage swales were installed in the medians; that most flooding is caused by the high tide levels; that the concrete sidewalk will increase stormwater flooding no more than an infinitesimal amount; that stormwater will run off if the tide is low. Mr. Daughters further stated that a majority of the approximately 50 members of the Lido Key Residents Association voted at the March 29, 1997, meeting to approve the median landscaping and sidewalk project; that no vote was called to tally members who may have been opposed to the project, therefore, the April 11, 1997, memorandum included in the agenda materials states that no dissenting votes were cast; that Staff recommends proceeding with the project through the design and bidding process; that the project will be returned to the Commission for award of a construction contract. The following people came before the Commission: Audrey Lucker, 729 Tyler Drive (34236), President, Lido Key Residents Association, stated that although unanimous approval was not forthcoming from the Association, a majority of the members approved the conceptual plan; that the Association never received the most recent drawings of the conceptual plan as promised by Staff; that residents are concerned with flooding and request Mr. Daughters provide a letter ensuring that no additional flooding will be caused by installation of a concrete sidewalk in the median; that low-maintenance trees and shrubbery should be planted and irrigation included. Mr. Johnston stated that irrigation will be provided by drip bubblers installed at the roots of the trees; that no irrigation will be provided in the grass-covered turf areas. Commissioner Patterson asked if salt-tolerant shrubbery will be planted? Mr. Johnston stated that most of the shrubs and trees will be salt-tolerant; that the drip bubblers in the root zones of the trees will flush out the salts after an exceptionally high tide. Commissioner Patterson asked if the level of salt water flooding in the area has been researched? Mr. Johnston stated yes; that high areas will be planted and drip bubbler irrigation provided at the roots of each of the trees; that salt-tolerant plantings will be chosen for long-term survival. Ms. Lucker stated that the Sarasota County Co-operative Extension Service can assist in advising which low-maintenance plants are salt-tolerant; that the City is requested not to plant gold trees. Robin Peters, 551 South Polk Drive (34236), distributed a letter from David and Lois Trotochau, 439 South Boulevard of the Presidents, to the Commission which stated the Trotochau's support of a, safe protected walking area on the South Boulevard of the Presidents, the necessity to landscape the median with appropriate low-maintenance, salt-tolerant plantings, and opposition to planting gold trees. Ms. Peters stated that she and her husband, Dr. Leslie Peters request the Commission approve the proposed median landscaping and sidewalk project for South Boulevard of the Presidentsi that public safety is at stake; that no negative side effect is expected from the project as no additional runoff will be created; that the sidewalks will be accessible to physically challenged individuals and beautify what is currently a neglected and unsafe area. City Manager Sollenberger stated that the Administration recommends proceeding with the median landscaping and sidewalk project for South Boulevard of the Presidents through the design and bidding process. Commissioner Cardamone asked the funding amount? Mr. Daughters stated that the estimated cost is $275,000. Commissioner Cardamone asked when the project will begin? Mr. Daughters stated that the project should begin in 60 days. Mayor Pillot asked the expected completion date? City Manager Sollenberger stated that the project should be completed by Thanksgiving, 1997. Commissioner Cardamone stated that the project should be completed by the end of October rather than Thanksgiving to avoid problems caused by heavy seasonal traffic. Mr. Daughters stated that most of the work effort will occur off the roadway in tasks relating to design and planning. Commissioner Patterson asked the funding source of the sidewalk project? Mr. Daughters stated that most of the funding is derived from the sidewalk program funds. BOOK 41 Page 14648 05/19/97 6:00 P.M. BOOK 41 Page 14649 05/19/97 6:00 P.M. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to approve the median landscaping and sidewalk project for South Boulevard of the Presidents. Commissioner Patterson stated that the Lido Key Residents Association was under the impression that a more detailed conceptual plan would be returned for their review; that the conceptual plan presented at the meeting in March 1997 was the same as that shown this evening although the plantings may have been different; that Mr. Daughters should have no problem placing in writing his opinion that no additional flooding will occur; that she accepts Mr. Daughter's opinion based on the width of the median and the placement of the sidewalks; that no additional flooding should be expected. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 13. REPORT ON METROPOLITAN PLANNING ORGANIZATION (MPO) MEETING - MPO FINALIZED DECISION TO BUILD HIGH-LEVEL, 65-FOOT BRIDGE #2 (1853) through (1889) Mayor Pillot stated that a Metropolitan Planning Organization (MPO) meeting was held at 9:30 a.m. today; and requested a report. Commissioner Patterson stated that the MPO voted 7 to 5 to deny the request to place reconsideration of the high-level, 65-foot bridge replacement for the John Ringling Causeway Bridge on the agenda of the June 23, 1997, MPO meeting. Mayor Pillot asked if the Figg Engineers, Inc., aesthetic design concept will be returned to the Commission for approval? City Manager Sollenberger stated yes. Mayor Pillot stated that today's action by the MPO finalizes the decision to build a high-level, 65-foot bridge. 14. UNFINISHED BUSINESS: 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 #97-48) IN THE AMOUNT OF $307,300.00 FOR THE CONSTRUCTION, LANDSCAPING, IRRIGATION AND LIGHTING OF OSPREY AVENUE, FROM RINGLING BOULEVARD TO BROTHER GEENAN WAY - APPROVED (AGENDA ITEM VII-3) #2 (1890) through (3357) City Manager Sollenberger stated that the Administration recommends awarding a contract to Jon F. Swift, Inc., in the amount of $307,300 for completion of the work on the Osprey Avenue Streetscape Project as specified and authorizing the Mayor and the City Auditor and Clerk to execute same; that the source of the funding is Local Options Sales Tax (L.0.S.T.); that this project has been recommended by the Laurel Park Neighborhood Association (LPNA). Tina Little, 534 Columbia Court (34236), Past President, Laurel Park Neighborhood Association (LPNA), stated that the Osprey Avenue Streetscape Project was originally expected to be voted on as a Consent Agenda Item; that the Streetscape Project has instead been placed under Unfinished Business to enable discussion; that a suggestion has been presented to change the current design which encourages a residential neighborhood ambiance to one which provides incentive for commercial development including on-street parking; that the 350 members of the LPNA support the proposed Streetscape Project; that this project was a combined effort between the City and the community; that the contract should be awarded this evening; that many residents were involved in the design of the Streetscape Project; that Laurel Park is regenerating; that the design including paved pedestrian crossings will bring together the two halves of Laurel Park located on both sides of Osprey Avenue. Ms. Little continued that allowing on-street parking on Osprey Avenue is ludicrous; that the residential neighborhood should be preserved and commercial growth discouraged; that the LPNA has already addressed all the major issues; that awarding the contract for construction of the Osprey Avenue Streetscape Project will honor the request of the residents who put their time and effort into the aesthetic design concept. Mayor Pillot asked if the City Manager's recommendation is supported? Ms. Little stated yes. Dennis Kowal, 508 Osprey Avenue South (34236), representing LPNA, stated that the design for the Osprey Avenue Streetscape Project will tie Laurel Park together, control traffic, increase pedestrian use, and provide more landscaping; that a suggestion was recently made that increased commercial uses on Osprey Avenue warrants the implementation of a commercial design concept similar to Central Avenue north of Fruitville Road; that the Central Avenue design is not appropriate for a residential neighborhood and would cut Laurel Park in half; that commercial businesses on Osprey Avenue have been granted by special exceptions; that allowing additional commercial development on Osprey Avenue in Laurel Park will create an area similar to Osprey Avenue near Morton's Market. Mr. Kowal continued that a commercial design concept is not appropriate for Osprey Avenue in Laurel Park; that the Osprey Avenue Streetscape Project designed with landscaped medians in the middle of the street is magnboroa-frlenaly, aesthetically BOOK 41 Page 14650 05/19/97 6:00 P.M. BOOK 41 Page 14651 05/19/97 6:00 P.M. pleasing, and in harmony with the owner-occupied, live-work, family ambiance of the neighborhood; that development of an commercial design concept similar to Central Avenue is opposed; that the City Manager's recommendation is supported. Jodi John, 1667-1677 Laurel Street (34236), stated that she supports the City Manager's recommendation; that many streets are zoned as commercialized, live-work districts in Alexandria, Virginia; that emergency vehicles trying to maneuver streets on which on-street parking is permitted lose valuable time waiting for traffic to move forward; that a recently retired, 20-year veteran fireman informed her that the Sarasota County Fire Department opposes on-street parking; that the medians designed for the Osprey Avenue Streetscape Project will allow emergency vehicles to pass; that on-street parking will cause accidents as residents try to pull in and out of the driveways located on Osprey Avenue; that Sarasota County Area Transit (SCAT) stops and a school bus stop are located on Osprey Avenue; that the City approved charging the neighborhood residents with responsibility to design the Streetscape Project; that the responsibility was fulfilled in good faith by the LPNA; that the Commission is requested to consider public safety and responsiveness of emergency vehicles. Rick Liberi, 1810 Morrill Street (34236), representing the LPNA, stated that he supports the City Manager's recommendation; that the project is exciting; that the Commission is requested to approve the Osprey Avenue Streetscape Project. Shirley Mattix Tharp, 1932 Morrill Street (34236), stated that she lives at the corner of Morrill Street and Ohio Place; that additional traffic should not be encouraged to travel on Morrill Street; that on-street parking on Osprey Avenue is opposed. Martha Hafner, 1841 Oak Street (34236), President, LPNA, stated that the City Manager's recommendation is supported; that residents have waited three years for approval of the Osprey Avenue Streetscape Project; that the residents' committee which worked six months on the Streetscape Project should be respected and their work product upheld; that the Commission is requested to approve the Osprey Avenue Streetscape Project. Dan McNicol, representing LPNA, stated that the Osprey Avenue Streetscape Project addresses the residential character of the neighborhood; that the City Manager's recommendation is supported; that the residents fulfilled their commitment to develop an aesthetic design concept with the understanding that the concept would be implemented; that the Commission is requested to approve the Osprey Avenue Streetscape Project. Bobby Fletcher, 651 Ohio Place (34236), stated that the City Manager's recommendation is supported; that he has been involved with the development of a conservation district to be included as part of the Neighborhood Element in the Comprehensive Plan update; that residents who were surveyed oppose further commercial development on Osprey Avenue; that the Osprey Avenue Streetscape Project should proceed as planned. Brian McInnis, 1742 Laurel Street (34236), stated that the aesthetic design concept has been approved by the neighborhood; that the City Manager's recommendation is supported; that a strong message should be sent to those who support commercial encroachment on Osprey Avenue; that the Commission is requested to support the Osprey Avenue Streetscape Project, City Manager Sollenberger stated that the Administration recommends awarding a contract to Jon F. Swift, Inc., in the amount of $307,300 from L.O.S.T. funds for completion of the work on the Osprey Avenue Streetscape Project and authorize the Mayor, along with the City Auditor and Clerk to execute same. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to approve the Administration's recommendation. Mayor Pillot asked for an estimate of the completion date. Duane Mountain, Streets, Landscape Maintenance and Solid Waste Manager, stated that the contract is for 120 days; however, a commitment has been received from Jon F. Swift, Inc., that the Osprey Avenue Streetscape Project will be completed in three phases, each taking approximately three weeks; that the work should be completed by the end of July 1997. Commissioner Patterson stated that Osprey Avenue will be Closed for three weeks except for local traffic; that the closing of the major thoroughfare should be carefully monitored; that neighborhood residents invested a great deal of time and effort into designing the Osprey Avenue Streetscape Project; that the Commission charged the residents with the responsibility of developing the aesthetic design concept; that she does not understand the source of the opposition. Commissioner Merrill stated that the Osprey Avenue Streetscape Project is a well-intentioned project; that he has been a proponent of the theory of this project since the beginning although he did not become involved in the design; that several months ago, a neighborhood resident expressed concerns regarding the project; that although the neighborhood resident has since withdrawn from his original position, the concerns were justified; that the proposed Osprey Avenue Streetscape Project is not the appropriate project for the area; that he has explained to neighborhood residents why he will not support the Streetscape BOOK 41 Page 14652 05/19/97 6:00 P.M. BOOK 41 Page 14653 05/19/97 6:00 P.M. Project; that the City should expect to receive criticism from the public after the Streetscape Project is installed; that the strength of the project is solely in the aesthetics; that a landscaped median is expected to provide an attractive corridor through the neighborhood. Commissioner Merrill continued that although Osprey Avenue in Laurel Park is in a state of transition, parking on streets is not solely a commercial issue; that in either Georgetown or Alexandria, Virginia, parking on the street is considered vital, not only because the traffic is slowed, but also because pedestrians are distanced from moving vehicles; that on-street parking creates a buffer for pedestrians and provides parking in areas with limited parking. Commissioner Merrill further stated that the Sarasota County Bicycle/Pedestrian Committee reviewed and strongly opposed the Osprey Avenue Streetscape Project; that bicycle access will be jeopardized by narrowing the lanes with a center median; that the worst part of bicycling on Orange Avenue is the ride alongside the medians with vehicles pushing bicyclists off the edge of the road; that making a street through the center of a residential area unfriendly to bicyclists is unfortunate; that backing out of driveways into 12-foot-wide lanes will be difficult for residents of Osprey Avenue; that emergency vehicles will be obstructed if an accident occurs as no way exists to maneuver around a line of vehiclès stuck in a 12-foot lane. Commissioner Merrill stated further that he has voted against every attempt at commercial development in Laurel Park; that since he has been on the Commission, an office building at 555 South Osprey Avenue, a pool and spa business, and the Community Housing Corporation (CHC) building have been approved on Osprey Avenue; that the area is eligible for rezoning to a Commercial, Residential Transition (CRT) Zone District in which restaurant development is possible; that Sarasota Magazine, a former car dealer, and a dry cleaner are located on Osprey Avenue; that Osprey Avenue between Ringling Boulevard and U.S. 41 has assumed a commercial character; that impeding commercial creep has been presented as the justification for installing the medians; that the medians will not halt the commercialization of Osprey Avenue. Commissioner Merrill continued that the Osprey Avenue Streetscape Project should be postponed and a planner hired to determine the design concept most appropriate for the neighborhood; that the funds should be set aside, a planner hired, and a design charette conducted to determine what the community wants that stretch of Osprey Avenue to become; that he does not wish to undo a project in which the neighborhood has invested time and effort; however the Osprey Avenue Streetscape Project is not the appropriate project for the neighborhood. Commissioner Patterson stated that Commissioner Merrill may be correct in his assumptions; however, the Commission charged the neighborhood residents with the responsibility for developing the project; that the residents and Staff have contributed time and effort; that a design charette would have been supported two years ago but not after sO much effort has been expended on the Osprey Avenue Streetscape Project. Commissioner Cardamone agreed. Commissioner Merrill stated that Commission support was not expected; however, criticism that the Osprey Avenue Streetscape Project has eliminated any ability to bicycle should be expected from the public after the project is completed. Mayor Pillot called for a vote on the motion to award a contract to Jon F. Swift, Inc., in the amount of $307,300 from L.O.S.T. funds for completion of the work on the Osprey Avenue Streetscape Project and authorize the Mayor, along with the City Auditor and Clerk to execute same. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, no; Patterson, yes; Pillot, yes. City Manager Sollenberger stated that Jon F. Swift, Inc., was the contractor for the Central Avenue Streetscape Project; that the Administration was extremely pleased with the rapid completion of that project; that the Osprey Avenue Streetscape Project was delayed by a long wait for $1 million in Federal funding to install the reclaimed water lines. The Commission recessed at 9:05 p.m. and reconvened at 9:10 p.m. 15. UNFINISHED BUSINESS: REPORT RE: STATUS OF THE CHILDREN'S FOUNTAIN AT THE BAYFRONT (AGENDA ITEM VII-4) #2 (3358) through (3624) Duane Mountain, Streets, Landscape Maintenance and Solid Waste Manager, and David Johnston, Landscape Architect, David W. Johnston Associates, came before the Commission. Mr. Mountain stated that a report previously distributed to the Commission indicated the Children's Fountain at the Bayfront would be open today; that the City has worked closely with the Sarasota County Health Department; that all permitting requirements have been fulfilled and an inspection scheduled no later than May 21, 1997; that the Children's Fountain should be open for the Memorial Day Weekend. Mr. Johnston stated that Robert Levy, Supervisor, and Brian Dietz, Engineer, Sarasota County Environmental Engineering Department, have assisted the City in determining the requirements for permitting and have expedited the process for approval; that the corrected plans were provided to the Sarasota BOOK 41 Page 14654 05/19/97 6:00 P.M. BOOK 41 Page 14655 05/19/97 6:00 P.M. County Health Department today; that Mr. Levy stated that the permit should be finalized on May 20, 1997. Commissioner Patterson asked if the issues of restrooms required within 200 feet and installation of a shower have been resolved? Mr. Mountain stated that a shower has been installed; that a variance will be required to exempt the existing restrooms which are more than 200 feet away from the Children's Fountain; that Sarasota County Staff will support the variance; that the restrooms should be upgraded; that the Local Options Sales Tax Task Force has ranked the upgrade of the Bayfront Park restrooms as a high priority; that the distance of the restrooms from the Children's Fountain is less of an issue than the necessity for an upgrade of the facilities. Commissioner Patterson asked if a pull-shower has been installed? Mr. Mountain stated yes. Mr. Johnston stated that an automatic valve has been installed to discontinue water to the shower after the Children's Fountain closes in the evening. Commissioner Cardamone asked if the Donna Wolf Steigerwaldt plaque has been installed near the Children's Fountain? Mr. Johnston stated no; that the plaque will take several weeks to cast. Commissioner Cardamone asked if the Olympic plaque has been installed? Mr. Mountain stated no; that the tile work is approximately half finished; that a temporary plaque will be mounted until the original is completed. 16. UNFINISHED BUSINESS: APPROVAL RE: PAPERLESS REPORTING PROJECT - APPROVED (AGENDA ITEM VII-5) #2 (3625) through #3 (0533) City Manager Sollenberger stated that the $ 1.4 million Paperless Reporting Project has already been approved by the Commission; however, a final briefing was requested before the full balance of funds are committed. E.J. Whitehead, Captain, Police Department, came before the Commission and stated that the concept of paperless reporting for the Police Department dates back to 1993; that the prices have become more competitive as more vendors have entered the field; that the project will be expanded to facilitate reports which are currently hand-written and expedite the most efficient use of Police Department resources and manpower. Captain Whitehead continued that a report coming into the Police Department requires completion of a two-page document in three copies; that police officers must fill out the two-page report which is submitted to the Records Management Department, logged into a computer, categorized, and filed; that paper reports are labor-intensive; that the proposed paperless reporting system will manage information; that telephone calls for service received at the communications section of the Sarasota County Sheriff's Office are displayed on a computer screen; that currently, the data on the computer screen is forwarded to a dispatcher and the information voice-dispatched to police officers; that under the paperless reporting system, the data on the computer screen will be sent electronically to a mobile digital computer installed in each police vehicle. Captain Whitehead further stated that the information received by the communications worker at the Sheriff's Office will not only be transmitted directly to the police officer but will become the beginning of the final report electronically stored in the records system; that electronically transmitting the data to two locations at the same time reduces the number of labor hours which are currently required; that a police officer receiving the information will complete the report electronically on the mobile digital computer; that the report will be electronically transmitted to a supervisor who approves the report and then inputs the data into the Records Management system; that the number of employees in the Records Management Department can be reduced and the investigative effectiveness of the police officers in the field increased. Captain Whitehead stated further that 30 units can be in the field, answering service calls, conducting investigations, stopping vehicles, etc., on a busy night such as a holiday or weekend; that under the paperless reporting system, most communications will be handled in the police vehicle with a mobile digital computer; that currently, information must be transmitted by voice to an operator who teletypes the information for transmittal to the National Crime Information Center (NCIC) or the Florida Crime Information Center (FCIC) systems; that one operator may serve 30 police officers on a busy evening; that police officers with mobile digital computers will be able to retrieve data directly from the NCIC or FCIC systems. Captain Whitehead continued that the mobile digital computers will be a major expense; that updating the current Records Management system will be costly; that a messaging switch allowing police officers to transmit information to the NCIC and FCIC . systems and communicate between the Sarasota County Sheriff's Office, police vehicles, and the Police Department's Records Management system is another expense; that a method of BOOK 41 Page 14656 05/19/97 6:00 P.M. BOOK 41 Page 14657 05/19/97 6:00 P.M. carrying the transmission will be installed through GTE or radio; that the paperless reporting system was funded over the last few years from the Capital Improvement Program (CIP) budget; that $250,000 was made available last year for the project and $250,000 this year; that the bulk of the remaining $900,000 will be made available in October 1997; that the paperless reporting system is linked to the City's Information Systems Master Plan; that a tremendous amount of support has been received from the Information Systems Department (ISD); that the project will aid in disaster recovery programs by making electronic information available on microfilm for disaster recovery. Vice Mayor Dupree stated that the paperless reporting system is expected to save approximately $200,000 per year in salary reductions; and asked for clarification. Captain Whitehead stated that the paperless reporting system will eliminate five clerical staff in the Records Management Department at the Police Department; that the positions will be redistributed throughout the City or vacated through attrition; that layoffs are not expected. Vice Mayor Dupree asked the amount of training required to operate the paperless reporting system? Captain Whitehead stated that the paperless reporting system is user friendlyi that a police officer on a traffic stop can type the vehicle license plate into the mobile digital computer and automatically run a check on the vehicle and the owner without having to request the registration and license number from the driver; that a police officer who is keyboard literate could be trained within 8 to 16 hours. Commissioner Patterson asked if the Police Department has contacted other jurisdictions currently using a paperless reporting system? Captain Whitehead stated yes; that the Sarasota County Sheriff's Office is using computerized dispatching and messaging; that Lakeland has a system similar to the one considered by Sarasota; that Lakeland, located on the Interstate 4 corridor, uses the paperless recording system as a stolen-car recovery tool; that the Police Department has reported dramatic improvements in enforcement. Commissioner Patterson asked if any known locality is using exactly the same equipment considered for purchase by the City? Captain Whitehead stated no; that the Police Department is researching systems to find the best; that the paperless reporting system is widely used and satisfactory. Commissioner Patterson stated that the City should not purchase the most complicated system; that a recommendation should be sought from another area using the same vendor or system. Captain Whitehead stated that the City's Records Management Department has contacted people in New York and North Dakota who have installed the messaging switch in their police vehicles; that the messaging switch allows police officers to transmit information to the NCIC and FCIC systems; that companies under review are providing references. City Manager Sollenberger stated that the Administration recommends approving the Paperless Reporting project and the release of budgeted funding to begin the project. On motion of Vice Mayor Dupree and second of Commissioner Patterson, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 17. UNFINISHED BUSINESS: DISCUSSION RE: ST. ARMANDS CIRCLE NOISE ABATEMENT WORK PLAN - REQUESTED LEGAL INFORMATION REGARDING PROHIBITION OF OUTDOOR AMPLIFIED MUSIC WITHIN 350 FEET OF RESIDENCES BE PROVIDED TO TASK FORCE; APPROVED THE ST. ARMANDS CIRCLE NOISE ABATEMENT PLAN WITH THE CONDITION THAT A REPORT FROM THE TASK FORCE BE RETURNED WITHIN 60 TO 90 DAYS (AGENDA ITEM VII-6) #3 (0539) through (1939) Paul Costanzo, Chief Planner, Department of Planning and Development, came before the Commission and stated that Staff, directed at the May 5, 1997, regular Commission meeting to review noise problems on St. Armands Key, has developed a St. Armands Circle Noise Abatement Plan recommending the following actions: 1. Organize a Task Force composed of members of the St. Armands Merchants Associations, the Residents Association, the Home Owners Association, and Staff to develop a solution to specific noise problems; 2. Obtain an explanation from the Police Department of the requirements of the recently passed Ordinance No. 97-3994 regulating noise in the Commercial, Central Business District (C-CBD) Zone District; 3. Conduct a series of noise level readings on St. Armands Key to determine the level of decibels currently existing in the problem areas; and 4. Consider developing an overlay zone district for St. Armands Key. Mr. Costanzo stated that the Task Force will disseminate the details of the existing noise ordinance including methods of BOOK 41 Page 14658 05/19/97 6:00 P.M. BOOK 41 Page 14659 05/19/97 6:00 P.M. enforcement to St. Armands Key residents; that the Task Force will attempt to resolve the noise problems without having to adopt an ordinance; that a noise ordinance similar to the one for the C-CBD Zone District could be developed after the decibel readings are taken on St. Armands Key; that an overlay district in which outdoor amplified music would be prohibited within a specified distance to residential dwellings could be developed. The following people came before the Commission: Casey Gonzmart, 2025 East Seventh Avenue, Tampa (33605), representing the Columbia Restaurant, stated that the Task Force will provide an opportunity for businesses, residents, and the Police Department to find a solution together; that his family, which has operated the Columbia Restaurant on St. Armands Circle since 1959, wishes to engender a spirit of cooperation and unity reflecting the spirit of Sarasota; that many businesses have come and gone over the years; however, the Columbia Restaurant, employing over 100 people, many of them City residents and minorities, is a strong, ongoing business. Mr. Gonzmart continued that in the 1960s, St. Armands Circle was rezoned as a Commercial, Tourist (CT) Lone District intended to serve tourists; that many Sarasota residents were once tourists; that a environment of truthful citizenship is necessary to provide an opportunity for cooperation; that the Administration is providing the community the opportunity to work together as a team to resolve the problems. Kathryn Cover, 115 North Boulevard of Presidents (34236), stated that the Police Department was telephoned on a Sunday evening at 12:30 p.m. regarding noise problems caused by the Columbia Restaurant; that Officer Bradley Etheredge informed her no action could be taken until a new ordinance is passed as the Columbia Restaurant is currently in compliance with the existing noise ordinance; that an employee of the Columbia Restaurant rudely informed her the last time she called that the music was as low as required; that the beat-thumping sounds were previously the primary problem; however, the actual music could be heard this past week; that the volume and bass sounds are escaping through the sliding glass doors installed to replace a solid wall which existed prior to the restaurant's recent remodeling; that revelers leave the bar at 2:00 a.m., laughing, talking loudly, and slamming vehicle doors; that the lack of sleep is affecting her work and her daughter's emotional equilibrium; that the Commission's help is requested. Dr. Keith Stockwell, 117 North Washington Drive (34236), stated that an ordinance similar to the one approved for the C-CBD Zone District is required to eliminate the noise disturbing residents of St. Armands Key; that beat-thumping sounds from the Columbia Restaurant and Cha Cha Cocoanuts can be heard until 2:00 a.m.; that 350 feet should be the distance required between the source of the sound and the residential properties on St. Armands Key rather than the 250 feet distance requirement designated in Ordinance No. 97-3993 for the C-CBD Zone District; that the noise on St. Armands Key sometimes travels over 1,000 feet to residents living on South Boulevard of the Presidents, North Washington, South Washington, Adams, and Arthur Drives; that a thoughtful, comprehensive measure is required to permanently resolve noise problems for all of St. Armands Key; and presented a letter from Hildegard Eckman regarding noise disturbances from Tommy Bahamas Café and Retail. Marlow Cook, 444 North Washington Drive (34236), representing the St. Armands Key Home Owners Association, stated that Cha Cha Cocoanuts now has as many tables located on the sidewalk outside the restaurant as in the interior; that pedestrians must maneuver around wait staff working from serving tables located outside the newly remodeled section under the awning; that a restaurant can receive permission to place tables outside by Administrative regulation issued by the City Manager; that the Commission should review the ordinance which allows the City Manager to arbitrarily permit outdoor dining; that cigarette butts, napkins, straws, etc., on the sidewalk outside Cha Cha Cocoanuts are never Cleaned up after the evening's service. Mr. Cook continued that residents of St. Armands Key are interested in regulating the hours of operation; that residents who complain directly to the Columbia Restaurant and Cha Cha Cocoanuts are disregarded; that one resident who has complained to the Police Department has been informed by the police that her complaints were not entered into the police logs; that State statute prohibitions against tables placed on the sidewalk in front of a State highway should be reviewed; that the St. Armands Residents Association would like to resolve the problem through mutual cooperation; however, the ease with which outdoor dining permits are granted is a problem; that during a recent, special event, inebriated people were observed walking around with glasses of wine; that a conflict exists between the ordinances which prohibit such behavior and the ordinance which allows the City Manager to provide outdoor dining permits at will. Darren Novosel, 4525 71st Street West, #223, Bradenton (34210). representing. Cha Cha Cocoanuts, stated that Cha Cha Cocoanuts has complied with every request made by police officers; that the police officers requested the doors be closed at 10:45 p.m.; that the management closed the doors at 10:30 p.m.; that the bands have lowered the levels of sound and bass; that police officers standing outside Cha Cha Cocoanuts have conceded the sound was at an acceptable level; that bands have been relocated within the structure to muffle the sound; that he sat outside in his car in front of the homes of residents who had filed complaints; that the restaurant was telephoned on his car phone to ensure the band was still playing; that the sound level was measured at 65 decibels measured with a sound meter using the decibel A-weighting (dBA) BOOK 41 Page 14660 05/19/97 6:00 P.M. BOOK 41 Page 14661 05/19/97 6:00 P.M. until the sound of a vehicle driving by increased the sound level to 70 dBA; that Cha Cha Cocoanuts is willing to comply to resolve the situation. John Monetti, 2301 Avenue C, Holmes Beach (34217) General Manager, the Columbia Restaurant, came before the Commission and stated that he tries to personally resolve problems arising from the operation of the Columbia Restaurant; that police officers following up on residents' complaints informed him that complaints were being generated despite the fact that the Columbia Restaurant was in compliance; that he began to walk the St. Armands Key residential neighborhoods at midnight; that little music was heard in the residential areas; that the police suggested the doors be closed at 11:00 p.m.; that the doors were closed at 10:45 p.m.; that the police officers and the management of the restaurant agreed the noise level was within compliance; that the bass was lowered after continuing complaints regarding the beat-thumping sounds; that he attempted to speak to residents to resolve the problems in the same manner as is proposed by the formation of a Task Force; that he agreed to try various solutions to reach a mutually agreeable resolution to the noise problems. Commissioner Cardamone asked what has recently changed in the operation of the Columbia Restaurant which would generate the residents' complaints? Mr. Monetti stated that the Columbia Restaurant has played music on the Patio for 20 years; that the same bands are playing now which played before; that new doors were installed; however, the doors are now closed at 10:45 p.m. Commissioner Patterson asked if the new sliding-glass doors have the same sound-resistant quality as the previous solid wall? Mr. Monetti stated that only 12 feet of the previous wall was solid; that 28 feet of the 40-foot wall was glass prior to the remodeling. Commissioner Patterson stated that the doors may not fit tightly. Vice Mayor Dupree asked if the 12 feet of solid wall was located in such a way as to prevent the sound of the amplified music from emanating into the residential neighborhoods? Mr. Monetti stated that the solid part of the wall was in the middle with glass on either side; that the solid wall section was not located closest to the residents and is not viewed as being a significant factor in noise reduction. Commissioner Cardamone asked if complaints were received on a regular basis prior to the remodeling? Mr. Monetti stated no. City Attorney Taylor stated that the information can be provided to Staff within one week. Commissioner Cardamone asked when the new sound meters will be received and the police officers trained? City Manager Sollenberger stated that the training in the use of the new sound meters should be accomplished by May 30, 1997. Commissioner Cardamone asked if the Task Force could be scheduled for a meeting the first week of June 1997 to address specific noise problems and discuss the requirements of recently passed Ordinance No. 97-3994 applicable to the C-CBD Zone District? City Manager Sollenberger stated yes. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve the St. Armands Circle Noise Abatement Plan including the following four actions: 1. Organize a task force composed of members of the St. Armands Merchants Associations, the Residents Association, the Home Owners Association, and Staff to discuss the specific noise problems and develop solution; 2. Obtain an explanation from the Police Department of the requirements of the recently passed Ordinance No. 97-3994 relative to all establishments Citywide; 3. Conduct a series of noise level readings on St. Armands Key to determine the level of decibels currently encountered in the problem areas; and 4. Consider developing an overlay zone district for St. Armands Key. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to amend the motion to include that the recommendations of the Task Force be returned to the Commission within 60 to 90 days. Motion carried unanimously (5 to 0): : Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot called for a vote on the motion to approve the St. Armands Circle Noise Abatement Plan including the four actions with the condition that a report from the Task Force be returned to the Commission within 60 to 90 days. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. - a Mayor Pillot asked if Staff will initiate the process to assemble the Task Force. City Manager Sollenberger stated yes. Mayor Pillot stated there is a consensus of the Commission to change the order of the agenda to hear New Business: Discussion BOOK 41 Page 14664 05/19/97 6:00 P.M. BOOK 41 Page 14665 05/19/97 6:00 P.M. Re: Parking at Ken Thompson Park, Agenda Item VIII-2 before Agenda Item VIII-1. 18. NEW BUSINESS: DISCUSSION RE: PARKING AT KEN THOMPSON PARK - DIRECTED STAFF TO PREPARE AGREEMENT SPECIFYING TERMS FOR PARKING BY EMPLOYEES OF WATER CLUB DEVELOPMENT, INC., AND REFER AGREEMENT TO PARKS, RECREATION, AND ENVIRONMENTAL PROTECTION ADVISORY BOARD FOR REVIEW AT JUNE 12, 1997, MEETING FOR REPORT BACK AT JUNE 16, 1997, REGULAR COMMISSION MEETING (AGENDA ITEM VIII-2) #3 (1939) through (3250) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that at the April 7, 1997, regular Commission meeting, two contractors requested approval to use space at Ken Thompson Park to park vehicles of construction employees working on Longboat Key; that the Commission denied the request at that time; that the item has been placed on the agenda for Commission reconsideration at the Mayor's direction; that both contractors were contacted; that the construction manager for Water Club II Development, Inc., is present this evening; that the contractor for the Vizcaya development found alternate parking and is no longer interested in any arrangement with the City; that when the issue came previously before the Commission, the Administration recommended referral to the Parks, Recreational, and Environmental Protection Advisory Board; that the issue should be referred directly to the Administration to negotiate an agreement if the request is approved this evening; that the Administration will prepare an agreement including terms and conditions under which Water Club II Development, Inc. will construct the parking lot on Ken Thompson Park in exchange for the right to park 100 vehicles on the property for two years; that the agreement will be returned to the Commission for approval; that the projected cost of the parking lot construction is $168,000 according to an estimate prepared by David W. Johnston Associates; that the City would be responsible for the design of the parking area and the contractor responsible for actual construction. Mayor Pillot stated that he requested the item be placed again on the agenda after being contacted by representatives of the Mote Marine Laboratories and the Pelican Man Sanctuary specifying support for the project and requesting the Commission reconsider approving the request. Michael Furen, Esquire, Law Firm of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, and Arthur Belanger, Construction Manager, representing Water Club II Development, Inc., came before the Commission. Attorney Furen stated that the Commission is requested to refer the issue to the Administration for negotiation with the principals and their agent; that the request may be withdrawn if the cost of the parking lot is estimated at an exorbitant amount; that Commissioners have expressed concern regarding vehicles parked in a green area in Ken Thompson Park which has been funded for improvements during Fiscal Year (FY) 1996/97; however, the green area is not the only location in Ken Thompson Park which may be available for interim parking. Attorney Furen continued that a significant reduction has occurred in the amount of parking being requested; that the second contractor has withdrawn the request to use Ken Thompson Park for parking; that parking space will be required over a two-year period for approximately 100 vehicles; that construction employees will arrive at 7:00 a.m. before the morning rush hour and remain until 6:00 p.m.; that the developer will control the parking of the vehicles in Ken Thompson Park. Attorney Furen further stated that the Water Club II development project is not located in the middle of Longboat Key but approximately one and a half miles north of the south bridge; that traffic will not be routed down the entire length of Longboat Key from the north bridge; that a tremendous number of vendors, suppliers, workers, and plumbers are City residents; that the Commission is requested to allow the petitioner to pursue the proposal with the Administration. Mayor Pillot stated that the Administration has indicated the request is a policy decision; that the issue should be referred to the Administration, if the Commission approves, to prepare the agreement in which terms and conditions will be specified. City Manager Sollenberger stated that is correct. Commissioner Merrill asked if security will be provided? Mr. Belanger stated yes; that shuttle buses will travel back and forth bringing workers to and from the site. Commissioner Merrill asked if the vehicles will be tradesmen's vans and trucks or personal vehicles of the construction employees? Mr. Belanger stated that only personal vehicles will be parked at Ken Thompson Park; that the construction crew will provide security and clean up at the end of the day. Mayor Pillot asked if a hold-harmless clause will be included in the agreement? Attorney Furen stated that a hold-harmless clause could be included in the agreement. BOOK 41 Page 14666 05/19/97 6:00 P.M. AMHSaNee BOOK 41 Page 14667 05/19/97 6:00 P.M. Vice Mayor Dupree asked the time frame for starting work on Ken Thompson Park? Duane Mountain, Streets, Landscape Maintenance and Solid Waste Manager, came before the Commission and stated that plans and specifications are currently being prepared; that Phase I involving sidewalk and underground infrastructure installation will be put out for construction bids in the Fall of 1997. Vice Mayor Dupree asked if the plans for improving Ken Thompson Park parking area will be negatively affected if the petitioner's request is approved? Mr. Mountain stated that Staff and the petitioner must discuss where the construction employees would park; that details will be discussed during the negotiation process. Mr. Schneider stated that the Administration will designate a parking area which will not interfere with the construction of Ken Thompson Park. Commissioner Patterson asked when the Parks, Recreation, and Environmental Protection Advisory Board will meet again? Mr. Mountain stated that the Board will meet on June 12, 1997. Commissioner Merrill asked if the City currently has sufficient money set aside to complete the Ken Thompson Park Master Plan? Mr. Mountain stated that the City has not yet received 100 percent of the funding; that funding is based on future appropriations through the Capital Improvement Program (CIP) budget; that the Ken Thompson Park Master Plan will be completed in three phases; that approximately $200,000 has been funded for Phase I; that grant funds have been requested to subsidize the funds contributed by the City. Commissioner Merrill asked the effect the $168,000 contribution by the Water Club II development will have on the park funding? Mr. Mountain stated that raising the grant funding will be facilitated if $168,000 is contributed towards the construction of the parking lot; that grants must be requested through several agencies and are not always guaranteed; that the City and the petitioner can agree on a mutually agreeable space; that the vehicles of construction employees may have to be moved around the site to accommodate construction activity for park improvements. Mayor Pillot stated that the Commission is not approving the right of Water Club II development employees to park at Ken Thompson Park at this meeting; that the Commission will only approve referring the issue to the Administration to develop an agreement. City Manager Sollenberger stated that is correct. Commissioner Cardamone asked if the issue will be referred to the Parks, Recreation, and Environmental Protection Advisory Board? Mayor Pillot stated no. Commissioner Cardamone stated that she was surprised the subject was placed on the agenda again as a subject is rarely readdressed after a Commission vote has been cast; that she did not really support allowing construction employees to park at Ken Thompson Park and voted for approval in error at the April 7, 1997, regular Commission meeting; that she received a telephone call questioning her vote from a constituent on St. Armands Key; that the request is not supported. Mayor Pillot stated that neither Attorney Furen nor any representative of Water Club II Development, Inc., contacted him to request the item be placed on the agenda again; that Dr. Kumar Mahadevan, Executive Director of Mote Marine Laboratory, telephoned him two or three times; that he has twice met with Dr. Mahadevan; that he requested Dr. Mahadevan place the request in writing; that Dr. Mahadevan's letter of April 25, 1997, is included in the agenda material; that Dale Shields, the Pelican Man, also telephoned him to support the request. Commissioner Patterson stated that the request for parking for construction employees was not supported at the April 7, 1997, regular Commission meeting as she has campaigned for many years to include the Ken Thompson Park Master Plan in the CIP budget; that the number of vehicles requiring parking spaces has been reduced by the withdrawal of the second contractor's request; however, the two-year time limit is a concern; that a tentative agreement should be developed and referred to the Parks, Recreation, and Environmental Protection Advisory Board. Mayor Pillot asked if the contractor has a deadline before which a Commission decision is required? Attorney Furen stated that alternate parking arrangements must be determined by September 1997 if the request is denied; that the piling and foundation work currently under way does not require a large number of employees; that having a parking arrangement in place before vertical construction begins is crucial; that a Commission decision must be known no later than early July 1997. On motion of Vice Mayor Dupree and second of Commissioner Merrill, it was moved to authorize Staff to prepare an agreement specifying the terms and conditions for parking by construction employees of the Water Club Development, Inc., and to refer the BOOK 41 Page 14668 05/19/97 6:00 P.M. BOOK 41 Page 14669 05/19/97 6:00 P.M. agreement to the Parks, Recreation, and Environmental Protection Advisory Board, and subsequently back to the Commission. Commissioner Patterson stated that a great deal of time should not be expended refining an agreement to present to the Parks, Recreation, and Environmental Advisory Board; that the parking issue should be referred to the Board with the clear understanding that the Commission has reached no policy decision; that the Administration should make suggestions to the Board regarding appropriate parking locations in Ken Thompson Park without presenting a written document. Mayor Pillot stated that the motion explicitly states the Administration will draft a document; that no productivity can be expected if the City goes before the Board absent a document for consideration; and asked if the drafting of a document could be considered an imposition? City Manager Sollenberger stated that a document containing the major points of the parking issue could be drafted after negotiations between the Administration and the agent of the Water Club Development, Inc., are completed; that the Parks, Recreation, and Environmental Protection Advisory Board meets on June 12, 1997; that the Administration recommends the Board be requested to provide a recommendation to the Commission at the June 16, 1997, regular Commission meeting; that the Administration will finalize and return the legal agreement between the City and Water Club II Development, Inc. for approval at the July 7, 1997, regular Commission meeting. Mayor Pillot asked if the Parks, Recreation, and Environmental Protection Advisory Board will have sufficient time to provide a report to the Commission at the June 16, 1997, regular Commission meeting? Mr. Mountain stated yes. Commissioner Merrill stated that a parking agreement with Water Club Development, Inc., will hasten the development of Ken Thompson Park and assist the City's ability to file grant requests; that many tradesmen who reside in City neighborhoods will be provided parking for employment. Commissioner Cardamone asked the number of vehicles which would have been allowed if the parking requests by two contractors had been approved at the April 7, 1997, regular Commission meeting? Mr. Schneider stated that Water Club Development, Inc., is proposing 100 vehicles; that the second contractor proposed 40 vehicles. Commissioner Cardamone stated that a resident of St. Armands Key has expressed opposition to the parking as the vehicles to the parking site are expected to travel through St. Armands Key; that the impact of the increased vehicular movement at 4:00 p.m. is expected to cause traffic problems; that as many as half of the vehicles may be arriving from Manatee County and be forced to drive through the St. Armands Key neighborhood. Attorney Furen stated that some basis for the concern would be plausible if the Water Club II development were located near the north end of Longboat Key; however, the development is only one and one half miles from the south bridge; that most of the employees will reach Ken, Thompson Park by traveling through the City. Mayor Pillot called for a vote on the motion to authorize Staff to prepare an agreement specifying the terms and conditions for parking by construction employees of the Water Club Development, Inc., project and to refer the agreement for review at the June 12, 1997, meeting of the Parks, Recreation, and Environmental Protection Advisory Board and a report back to the Commission at the June 16, 1997, regular Commission meeting. Motion carried (4 to 1): Cardamone, no; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 19. NEW BUSINESS: DISCUSSION RE: NUMBERING OF THE AT-LARGE CITY COMMISSION SEATS AND POSSIBLE CHANGE OF THE ELECTION DATE TO NOVEMBER IN THE EVEN NUMBERED YEARS = APPROVED ENGAGEMENT OF CITY ATTORNEY'S OFFICE TO STUDY AND RETURN LEGAL OPINION REGARDING A CHARTER CHANGE TO SEPARATELY DESIGNATE AT-LARGE COMMISSION SEATS; RETAINED EXISTING ELECTION DATE (AGENDA ITEM VIII-1) #3 (3251) through #4 (0541) Commissioner Cardamone stated that the 8-percent voter turnout in the March 1997 municipal election is a concern; that she and Mayor Pillot brought two recommendations to the Commission after the 1993 municipal election: 1) enable City elections to be won by a majority by changing the Charter of the City of Sarasota, and 2) number or designate the At-Large Commission seats, for example, into Seat "A" and "B" or Seat "1" or "2"; that Attorney Robert Fournier, consultant for the legal issues addressed in 1993, advised the Commission to pass only one of the two recommendations and worked with the City Attorney to determine how At-Large City Commissioners could be elected by majority vote without numbered or designated seats; that the Commission request for a Charter change to win City Commission seats by a majority was accepted by the electorate; that the subject of numbered or designated At-Large Commission seats was withdrawn from discussion. Commissioner Cardamone continued that the Commission is requested to engage the City Attorney and Attorney Fournier to review the Charter and bring to the Commission a rationale to number or designate the At-Large Commission seats; that voters would be provided the opportunity to vote for one person each in two BOOK 41 Page 14670 05/19/97 6:00 P.M. BOOK 41 Page 14673 05/19/97 6:00 P.M. Commissioner Cardamone, the terms of certain Commissioners seated at the time the election date changes would be shortened by approximately 6 months if, for example, the primary election is held in September. Mayor Pillot stated that the election for the President of the United States is held in November; that the Presidential Inauguration takes place the following January; that transitional language could be drafted which would prevent a substantial shortening of terms after the election date is changed; that by and large the people who have the financial ability to leave for the summer are those most likely to vote absentee; that in even- numbered years at least two County Commissioners, all the State House of Representatives and possibly Senators, and National Congressional seats are on the general election ballot; that City issues are more likely to receive additional votes in the fall than in March even if the City election is positioned at the end of the ballot. Commissioner Cardamone stated that one change at a time should be considered to address the issue of low voter turnout at City elections; that the Commission should delay considering a change in the election date pending review of the results achieved by electing at-large Commissioners to designated seats, if a Charter amendment is successful; that the City of Venice election was positioned last on the November 5, 1997, ballot; that 10 percent drop-off voting was recorded. Mayor Pillot stated that voter turnout at the November election is 50 percent; that 10 percent drop-off voting would result in 45 percent of the public voting on the City issues, which is 6 times the percentage of people who voted in the most recent City election; however, addressing one change at a time is supported. Commissioner Patterson asked the ballot on which a proposed Charter amendment to change to a designated seat requirement would be placed? Commissioner Cardamone stated that a referendum for a Charter amendment could be placed on the 1997 fall ballot with the Local Option Sales Tax (L.O.S.T.) referendum, on the 1998 fall ballot with the State and County elections, or on the 1999 spring ballot with the City's election for districted seats. On motion of Commissioner Patterson and second of Vice Mayor Dupree, it was moved to retain the existing municipal election date for the City of Sarasota. Motion carried (3 to 2): Cardamone, yes; Dupree, yes; Merrill, no; Patterson, yes; Pillot, no. 20. BOARD APPOINTMENTS: APPOINTMENT RE: CITY COMMISSION REPRESENTATION ON BOARDS AND COMMITTEES APPROVED CONTINUING SERVICES ON THE SARASOTA BAY NATIONAL ESTUARY POLICY COMMITTEE, METROPOLITAN PLANNING ORGANIZATION, TOURIST DEVELOPMENT COUNCIL, ECONOMIC DEVELOPMENT BOARD, AND MANASOTA LEAGUE OF CITIES, WITH COMMISSIONER CARDAMONE REPLACING COMMISSIONER PATTERSON ON THE CHILD AND YOUTH SERVICES ADVISORY COUNCIL (AGENDA ITEM IX-1) #4 (0541) through (0978) Mayor Pillot referred to a listing of Commissioners currently serving on the following boards and committees on which the Sarasota City Commission is represented: Metropolitan Planning Organization (MPO) Sarasota Bay National Estuary Policy Committee > Tourist Development Council (TDC) A Economic Development Board (EDB) A Children and Youth Services Advisory Council (CAYSAC) ManaSota League of Cities (MSLC) Council of Governments Mayor Pillot asked if any changes in representation are necessary or desired? Commissioner Patterson stated that each of the other Commissioners serves on one board or committee; that she serves on three of the boards listed; that, in addition, she serves on the Florida League of Cities (FLC) Board of Directors and Executive Committee as well as the Legislative Committee on intergovernmental Relations which hopes to provide input to the State Constitutional Revision Commission. Commissioner Patterson requested that another Commissioner consider serving on either the MPO or CAYSAC; that a knowledge has been developed regarding the Florida Department of Transportation (FDOT) processes, which are quite convoluted; therefore, she would prefer to continue serving on the MPO; that the CAYSAC essentially apportions a couple million dollars to social agencies for children and youth services; that the Sarasota Board of County Commissioners has adopted an ordinance requiring that members not miss more than two meetings annually; that alternates are allowed but cannot vote; that City representation on the CAYSAC is important. Commissioner Cardamone asked if a pecirically-naned alternate to the MPO should be appointed? Commissioner Patterson stated that the Commission previously approved an appointive process for alternate representation on BOOK 41 Page 14674 05/19/97 6:00 P.M. BOOK 41 Page 14675 05/19/97 6:00 P.M. the MPO; however, appointing a specific alternate should be considered. Vice Mayor Dupree stated that he is willing to serve as the MPO alternate. Commissioner Cardamone stated that she would be willing to attend MPO meetings if Vice Mayor Dupree is unable. Commissioner Cardamone requested consideration of establishing a position and appointing a Commissioner to serve as Liaison to the Sarasota Housing Authority (SHA); and stated that she attends SHA meetings regularly and is interested in serving as the Commission's Liaison. Mayor Pillot nominated Commissioner Cardamone to serve as Liaison to the SHA by regularly attending SHA meetings and reporting back to the City Commission and from the City Commission to the SHA as appropriate. Commissioner Patterson stated that a Liaison to the SHA is not a mandated position; that City representation on CAYSAC is specifically mandated by County ordinance; that she assumed the CAYSAC seat during Commissioner Cardamone's term as mayor; that the hours devoted to boards on which she serves are excessive; that reassigmment of the CAYSAC seat is requested. Commissioner Patterson continued that she regularly attends SHA meetings as does Vice Mayor Dupree. Vice Mayor Dupree stated that a Liaison to the SHA is not a current position to which a Commissioner should be appointed. Mayor Pillot stated that appointing a Liaison to the SHA would be meaningless absent unanimity on the Commission; and withdrew his nomination. Mayor Pillot continued that the effort put forth by Commissioner Cardamone regarding the SHA is appreciated. Commissioner Cardamone stated that numerous appointments to the SHA were made during her term as mayor; that she feels obligated to support the people who accepted the appointments and have been required to put forth more effort than was originally anticipated; that the Commission's reluctance in appointing her as a Liaison to the SHA is difficult to comprehend. Vice Mayor Dupree stated that any Commissioner could attend SHA meetings, which are open to the public, and report back to the Commission; that an official appointment is not necessary. Mayor Pillot stated that he would be willing to serve on the CAYSAC but cannot commit to attending meetings held on Wednesday afternoons; and asked if another Commissioner is interested in serving on the CAYSAC? Commissioner Cardamone stated that the inability for an alternate to vote is of concern; and asked the frequency and type of voting which occurs on the CAYSAC? Commissioner Patterson stated that most of the votes taken by the CAYSAC are unanimous; that she would be willing to serve as an alternate if Commissioner Cardamone agrees to assume the seat. Commissioner Cardamone volunteered to serve on the CAYSAC with the understanding that she will not be able to attend all the meetings. Mayor Pillot stated that the Sarasota City Commission will be represented on external boards and committees as follows: Metropolitan Planning Organization (MPO) Commissioner Merrill and Commissioner Patterson Alternate: Vice Mayor Dupree Back-up: Commissioner Cardamone Sarasota Bay National Estuary Policy Committee Commissioner Cardamone Tourist Development Council (TDC) Mayor Pillot Economic Development Board (EDB) Vice Mayor Dupree Children and Youth Services Advisory Council (CAYSAC) Commissioner Cardamone Alternate: Commissioner Patterson Manasota League of Cities (MSLC) Commissioner Patterson Council of Governments Mayor Pillot (Mayoral position) On motion of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to approve continuing services on the Sarasota Bay National Estuary Policy Committee, MPO, TDC, EDB, and MSLC, with Commissioner Cardamone replacing Commissioner Patterson on the CAYSAC. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. BOOK 41 Page 14676 05/19/97 6:00 P.M. BOOK 41 Page 14677 05/19/97 6:00 P.M. 21. BOARD APPOINTMENTS: APPOINTMENT RE: BOARD OF ADJUSTMENT - ERNEST BABB APPOINTED TO FILL THE EXPIRED TERM OF GERALD ROBBINS (AGENDA ITEM IX-1) #4 (0998) through (1238) Mayor Pillot stated that the terms of Gerald Robbins and Willie Tillery expire this month; that Mr. Robbins has served two consecutive terms and is not eligible for reappointment; that Mr. Tillery is eligible and has expressed an interest in reappointment. On motion of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to reappoint Willie Tillery to the Board of Adjustment. Commissioner Patterson stated that Mr. Tillery, who was originally appointed to an unexpired term, has served on the Board of Adjustment for five years; that reappointment would extend his service to eight years; that although the five years of service provided have been appreciated, Mr. Tillery is not a City resident. Commissioner Merrill stated that variances approved by the Board of Adjustment significantly affect City residents; that the "out of city" reference in the back-up material was not noticed prior to making the motion for reappointment. Commissioner Cardamone stated that Mr. Tillery, whose work is impressive, has served five years in two terms; that ordinarily, members are not eligible for reappointment after providing six years of consecutive service; that, in addition, Mr. Tillery is not a City resident. Mayor Pillot stated that Mr. Tillery is the only minority representative on the Board of Adjustment; that none of the applicants are minorities. Commissioner Cardamone stated that Mr. Tillery is currently serving as Chairman on the Board of Adjustment. Commissioner Patterson asked if the Commission is required to reappoint a member to a full three-year term or could Mr. Tillery's appointment be extended for a specific length of time, e.g., to enable him to complete six years of service? City Attorney Taylor stated that the back-up material presumably referencing language in the ordinance states, "Board members shall be appointed for a three-year term"; however, the language also states, "Members shall continue to serve until a replacement has been appointed." Commissioner Merrill, as maker of the motion, and Vice Mayor Dupree, as seconder, withdrew the motion to reappoint Willie Tillery to the Board of Adjustment. Mayor Pillot requested nominations of applicants to fill the seat vacated by Mr. Robbins. Commissioner Cardamone nominated Richard Ellis. Commissioner Patterson nominated Ernest Babb. Commissioner Cardamone stated that Mr. Ellis is currently serving the City as the alternate Special Master for Code Enforcement hearings, is a former member of the Planning Board/Local Planning Agency (PBLP), and works on North Tamiami Trail; that appointing an attorney to the Board of Adjustment may be beneficial; that Mr. Babb, whose hard work was noted, previously resigned from the Board of Adjustment. Mayor Pillot called for the vote on the nominations. Richard Ellis received two votes: Cardamone, yes; Pillot, yes. Ernest Babb received three votes: Dupree, yes; Merrill, yes; Patterson, yes. Mayor Pillot announced the appointment of Ernest Babb to the Board of Adjustment. Mayor Pillot requested additional nominations. Mayor Pillot stated that hearing no nominations for the second seat available, Mr. Tillery will continue serving on the Board of Adjustment until or unless an appointment is made. 22. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - DIRECTED THE ADMINISTRATION TO PREPARE AND PRESENT AT THE JUNE 2, 1997, REGULAR CITY COMMISSION MEETING DRAFT LANGUAGE FOR A TEMPORARY MORATORIUM ON TRANSMISSION TOWERS: (AGENDA ITEM X) #4 (1243) through (1500) VICE MAYOR DUPREE: A. requested Commission support to authorize the Administration to allocate $25,000 of funding to provide City employment to high-school youth during the summer months. Mayor Pillot requested that a motion should be put forth. On motion of Vice Mayor Dupree it was moved to authorize the Administration to allocate $25,000 of funding to provide City employment to high school youth during the summer months. Motion died for lack of a second. BOOK 41 Page 14678 05/19/97 6:00 P.M. BOOK 41 Page 14679 05/19/97 6:00 P.M. B. stated that his lack of attendance at a public meeting held to discuss the Housing Opportunities for People Everywhere (HOPE VI) grant application for the Sarasota Housing Authority (SHA) was recently questioned; that notification of the meeting was not received by mail or by telephone; and asked if other Commissioners received notification of the meeting? Mayor Pillot stated that a telephone call was received well in advance of the meeting referenced; however, a special meeting of the Community Redevelopment Agency (CRA) had been scheduled for the same time; therefore, the caller was informed Commission representation at the meeting was not likely. Commissioner Merrill stated that he does not recall receiving notification of the meeting referenced. Commissioner Patterson stated that correspondence was not received; however, she did receive a telephone call; that the caller was aware of the CRA meeting which had been scheduled and the unliklihood of Commission attendance; that the CRA meeting adjourned earlier than expected; therefore, she attended the public meeting regarding the HOPE VI grant application. COMMISSIONER CARDAMONE: A. stated that a letter has been received from Kerry Kirschner regarding difficulties with false alarms; and requested Commission support to authorize review of the issue by the Administration. Mayor Pillot stated that the letter was previously forwarded to the City Manager. City Manager Sollenberger stated that the issue is under review. B. stated that the Economic Development Board voted in favor of allocating $35,000 to study the Sarasota North Action Plan (SNAP), if funding is available, and expressed support for a potential grant application submitted in the future. C. stated that surrounding jurisdictions are considering moratoriums on transmission towers, which will leave the City as a target; that the Commission should consider passing a temporary moratorium on transmission towers until the Land Development Regulations (LDRS) Update is completed; and requested Commission support for the Administration to prepare draft language for discussion at the next regular Commission meeting. Mayor Pillot stated that hearing no objections, the Administration is directed to prepare and present for discussion at the June 2, 1997, regular City Commission meeting, draft language regarding a temporary moratorium on transmission towers. D. requested that the Administration provide a status report on the City's participation in Teen Court. Commissioner Patterson expressed support for Commissioner Cardamone's request. Mayor Pillot stated that the time is now 11:30 p.m.; and adjourned the meeting. The following discussion continued: COMMISSIONER PATTERSON: A. stated that the recently-installed sidewalks on Main Street are looking old; and requested that the Administration examine the feasibility of pressure- cleaning the sidewalks on Main Street periodically B. stated that Commissioner Cardamone should consider functioning as the Liaison to the Sarasota Housing Authority (SHA) without an official title. C. stated that the Commission has not been receiving minutes of the SHA meetings; that, previously, the City Commission was receiving board reports from the SHA every two to three months; that the practice should resume; and requested that the Mayor forward a request to the SHA. Mayor Pillot stated that a letter will be forwarded to the SHA. COMMISSIONER MERRILL: A. stated that concerns were raised by speakers at the Sarasota-Manatee Metropolitan Planning Organization (MPO) meeting regarding the width and landing areas on the proposed design for the John Ringling Causeway replacement bridge; and requested that the Administration review the effects increasing the grade to 6 percent, narrowing the breakdown lanes, and reducing the two 10-foot-wide sidewalks to one 16-foot-wide sidewalk would have on the design and report back when the proposed bridge design is presented for approval. COMMISSIONER CARDAMONE: E. stated that she attended the Sarasota-Manatee Metropolitan Organization (MPO) meeting earlier today; that BOOK 41 Page 14680 05/19/97 6:00 P.M. BOOK 41 Page 14681 05/19/97 6:00 P.M. Commissioners Patterson and Merrill provided outstanding representation for the City in dealing with the issues raised. Commissioner Merrill stated and Commissioner Patterson agreed that the support received by Commissioner Cardamone at the MPO meeting was appreciated. 23. ADJOURN (AGENDA ITEM XII) #4 (1722) There being no further business, Mayor Pillot adjourned the regular meeting of May 19, 1997, at 11:42 p.m. TA" GENE PILLOT, MAYOR ATTEST: LL4 E Rabexsen BILLY. BI ROBINSON, CITY AUDITOR AND CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNC'L, COMMISSION, AUTHORITY, OR COMMITTEE Patterson Nora Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 707 Freeling Drive X CITY COUNTY 11 OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sarasota Sarasota City of Sarasota DATE ON W'HICH VOTE OCCURRED MY POSITION IS: May 19, 1997 X ELECTIVE 11 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal fother than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. . The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CII FORM NIS I0-K6 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. Yous should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Nora Patterson hereby disclose that on May 19 19 97 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or X inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Consent Agenda No. 1, Item III-A-3, Approval Re: Authorize the Mayor to execute the Indenture for Amendment of Easement between the City of Sarasota and K&V Associates concerning a house located at 340 Morningside Drive which has been constructed encroaching into a City Drainage easement. My husband's law firm represents Elliott Metcalfe and Becky Titus, the prospective purchasers of the property Gwned by K&V Associates June 2, 1997 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317 (1985), A FAILURE TO. MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CF FORM RR 10.X6