Book 40 Page 13365 07/01/96 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 1, 1996, AT 6:00 P.M. PRESENT: Mayor Mollie Cardamone, Vice Mayor Gene Pillot, Commissioners Jerome Dupree, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Mollie Cardamone The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: RETIREMENT AWARD TO J. EARL STINSON, DEPUTY DIRECTOR, GENERAL SERVICES DEPARTMENT, WITH 24 YEARS OF SERVICE #1 (0042) through (0152) City Manager Sollenberger requested that Robert J. Gerkin, Director of General Services, and Earl Stinson, Deputy Director of General Services, come before the Commission. Mr. Gerkin stated that Mr. Stinson, who began his employment with the City 24 years ago, was a loyal and dedicated City employee whose career began as a stock clerk and developed into Central Stores Supervisor; that Mr. Stinson was promoted to Deputy Director of General Services and Purchasing, in 1989; that Mr. Stinson's dedication and hard work will be missed, and expressed thanks for all his efforts. Mayor Cardamone read the Retirement Award in its entirety and presented a plaque to Mr. Stinson. 2. PRESENTATION RE: MAYOR'S CITATION RECOGNIZING SARASOTA SKI-A-REES AS THE FIRST PLACE WINNER IN THE SOUTHERN REGIONAL WATER SKI SHOW CHAMPIONSHIPS #1 (0153) through (0223) Mayor Cardamone requested that Kay Randall, Program Director, and other members of the Sarasota Ski-A-Rees, come before the Commission. Mayor Cardamone stated that the Commission is proud to honor the outstanding achievements of the Sarasota Ski-A-Rees, an amateur water-ski organization, with over 125 members, performing free ski shows in the City of Sarasota for over 35 years; that the charitable organizations helped by the Ski-A-Rees includes the Special Olympics, the Sheriff's Ranch, the Project Cure Program for terminally ill cancer patients, Boy and Girl Scouts, and Easter Seals Children; that the Ski-A-Rees won first place in the Southern Regional Waterski Show Team Championships held on June 15 and 16, 1996 at City Island. Mayor Cardamone presented and read in its entirety the Mayor's citation to the Sarasota Ski-A-Rees, extending congratulations and sincere appreciation on behalf of the Commission and all the citizens of the community. 3. ADOPTION RE: MEMORIAL RESOLUTION NO. 96R-897, RECOGNIZING THE PASSING OF BRUCE ROGER MOEN, EMPLOYEE OF THE PUBLIC WORKS DEPARTMENT OF THE CITY OF SARASOTA, ETC. - ADOPTED #1 (0247) through (0362) Mayor Cardamone stated that the City of Sarasota Memorial Resolution No. 96R-897 recognizes the passing of Bruce Roger Moen, an employee of the City of Sarasota Public Works Department. Mayor Cardamone read Memorial Resolution No. 96R-897 in its entirety, which detailed Mr. Moen's expertise in the repair and maintenance of sophisticated, electronic instrumentation and metering equipment utilized at the City's Water and Wastewater Treatment Facilities which led to his promotion to Electronic Technician; whereas his ready friendship, demonstrated knowledge of the job, and ability to lead by example earned the lasting respect and appreciation of his fellow employees. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to adopt Memorial Resolution No. 96R-897. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Cardamone expressed the Commission's condolences and requested that William Hallisey, Facilities Operations Manager, Public Works Department come before the Commission. Mr. Hallisey introduced Mr. Moen's wife, Susan, his two children, Kerri and Eric, and his brother, Hugh and presented the family with the plaque inscribed with Memorial Resolution No. 96R-897. 4. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0363) through (0383) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: BOOK 40 Page 13366 07/01/96 6:00 P.M. Book 40 Page 13367 07/01/96 6:00 P.M. A. Remove under Scheduled Presentation, Item No. V-1, Presentation Re: John Ringling Centre Foundation, Inc., regarding the John Ringling Towers Rehabilitation. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 5. APPROVAL OF MINUTES: MINUTES OF THE REGULAR CITY COMMISSION MEETINGS OF MAY 20, 1996, AND JUNE 17, 1996, AND MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF JUNE 5, 1996 (AGENDA ITEM I-1) - APPROVED #1 (0384) through (0388) Mayor Cardamone asked if the Commission had any changes to the minutes? Mayor Cardamone stated that hearing no changes, the minutes of the regular Commission meetings of May 20, 1996, and June 17, 1996, and the special Commission meeting of June 5, 1996, are approved by unanimous consent. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, AND 6 APPROVED (AGENDA ITEM III-A) #1 (0401) through (0420) 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Interagency Agreement between the University of Florida, SEA Grant College and the City of Sarasota for continuation of the Florida Yards and Neighborhoods Program 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a professional services contract with Angie Brewer & Associates, (RFP #96-82) Bradenton, Florida, to provide Pre-Audit Services: Federal, State and Local Grants/Loans 3. Approval Re: Award a contract and authorize the Mayor and city Auditor and Clerk to execute a contract with Vanadore, Tyler & Hawthorne, P.A., (RFP #96-89) Sarasota, Florida, to provide independent auditing services for the City's financial statement for the fiscal year ending September 30, 1996, and auditing of the City's financial statements for each of the two subsequent years 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract with Arbitrage Compliance Specialists, Inc., (RFP #96-90) Englewood, Colorado, to perform investment arbitrage calculation services for all City bond issues that are subject to the arbitrage provisions set out in the Internal Revenue Code of 1986 5. Approval Re: Set for public hearing proposed Ordinance No. 96-3948, amending Chapter 24, Personnel, Article II, Pensions, Division 3, Police, of the code of ordinances of the City of Sarasota; amending Section 24-69, Disability and Death, to provide for an additional presumption for in-line of duty disability benefits; repealing all ordinances in conflict herewith; etc. 6. Approval Re: Amendment to Rules of Procedure for Nuisance Abatement Board On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 3. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 7. CONSENT AGENDA NO. 2: ITEM NO. 1 (ORDINANCE NO. 96-3945) = ADOPTED = ITEM NO. 2 (ORDINANCE NO. 96-3950) = ADOPTED -ITEM NO. 3 (ORDINANCE NO. 96-3952) = ADOPTED (AGENDA ITEM III-B) #1 (0422) through (0492) City Auditor and Clerk Robinson read proposed Ordinance Nos. 96-3945, 96-3950, and 96-3952 by title only 1. Adoption Re: Second reading of proposed Ordinance No. 96-3945, providing for the designation of the structure located at 1630 Morrill Street historically known as "The Dunnebacke House," as a structure of historic significance pursuant to the historic preservation ordinance of the City of Sarasota; etc. (Title Only) (Petition No. 96-HD-03, petitioner Mikki Hartig representing Tobey Hockett, Judith Hockett, John Slater, Bonnie Slater and James Slater) 2. Adoption Re: Second reading of proposed Ordinance No. 96-3950, amending Chapter 2, relating to nuisance abatement; clarifying the jurisdiction of the Nuisance Abatement Board; allowing for the imposition of costs of investigation, prosecution, administration and recording against property owners creating a nuisance; providing for the retention of jurisdiction of the Nuisance Abatement Board after a nuisance has been abated and for the imposition of penalties for a reoccurrence; providing for the recording of orders so as to be binding upon any subsequent purchasers, successors in interest or assigns of the real property subject to the order; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) BOOK 40 Page 13368 07/01/96 6:00 P.M. Book 40 Page 13369 07/01/96 6:00 P.M. 3. Adoption Re: Second reading of Ordinance No. 96-3952, providing authority for the issuance of bonds for assistance of institutions of higher education within the City; providing findings; providing definitions; providing for general powers of the City Commission; providing criteria and requirements for assistance to be rendered to institutions of higher education; providing for terms of such assistance; providing that the credit of the City shall not be pledged; providing for the issuance of revenue bonds; providing for security of bondholders for payment of such bonds; providing for rates, rents, fees and charges; providing that funds held pursuant to the provisions of this ordinance shall be trust funds; providing for remedies of bondholders; providing for the issuance of refunding bonds; providing that the provisions of this ordinance shall be in addition to other authorizing. means; providing for the manner of construction of this ordinance; etc. (Title Only) On motion of Commissioner Merrill and second of Commissioner Dupree, it was moved to adopt Consent Agenda No. 2, Item No. 1 (Ordinance No. 96-3945), Item No. 2 (Ordinance No. 96-3950), and Item No. 3 (Ordinance No. 96-3952). Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes, Dupree, yes. Mayor Cardamone requested Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3943, TO HISTORICALLY DESIGNATE TWO STRUCTURES SITUATED ON THE FOLLOWING DESCRIBED PROPERTY: LOTS 9, AND 10, SUBDIVISION OF LOTS 10 AND 12, BLOCK G, A PART OF THE SUBDIVISION OF THE OSPREY SUBDIVISION IN LAUREL PARK, AS RECORDED IN PLAT BOOK A; PAGE 65, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; SAID PROPERTY KNOWN AS "THE MOSES L. TOMLINSON HOUSE" WITH A STREET ADDRESS OF 636 S. OSPREY AVENUE, SARASOTA, FLORIDA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-1) AND SPECIAL EXCEPTION PETITION NO. 96-SE-02, TO PERMIT THE OPERATION OF A HEALING ARTS CENTER IN TWO HISTORICALLY DESIGNATED STRUCTURES KNOWN AS THE "MOSES L. TOMLINSON HOUSE" IN A RMF-3 ZONE DISTRICT ON THE FOLLOWING DESCRIBED REAL PROPERTY; SAID PROPERTY LIES ON THE WEST SIDE OF S. OSPREY AVENUE BETWEEN OAK STREET ON THE NORTH AND ALDERMAN STREET ON THE SOUTH, WITH A STREET ADDRESS OF 636 S. OSPREY AVENUE; ETC. (PETITION NOS. 96-HD-01 & 96-SE-02, STEPHEN REES, ATTORNEY REPRESENTING PETITIONERS, BARBARA BEST AND WILLIAM BAUMGARTNER FOR THE MOSES L. TOMLINSON PROPERTY) - POSTPONED CONSIDERATION UNTIL THE NEXT REGULAR MEETING; CITY ATTORNEY TO INCLUDE PETITIONERS I PROFFERS IN PROPOSED RESOLUTION FOR PETITION NO. 96-SE-02 (AGENDA ITEM IV-1) #1 (0499) through (2863) Michael Taylor, Deputy Director of Planning and Development came before the Commission and stated that two petitions are before the Commission; that proposed Ordinance No. 96-3943 is a petition to designate two structures (main house and first detached single- story structure which is the cottage) located at 636 South Osprey Avenue, known as "The Moses L. Tomlinson House" as structures of historical significance; that the petition for historic designation was approved at the April 9, 1996, Historic Preservation Board meeting, based on Section 15-14 (1) (d) of the Zoning Code; that the Board members recommended approval to the Commission. Mr. Taylor continued that Special Exception Petition 96-SE-02 has been filed in conjunction with the historic designation, to permit the operation of a healing arts center in two of the historically designated structures; that the Planning Board/Local Planning Agency (PBLP) members found proposed Special Exception 96-SE-02 consistent with the Sarasota City Plan and adopted a resolution to permit the use; that the following five conditions are contained in the resolution: 1) limit the hours of operation, 2) limiting the number of practitioners to three, 3) identify the actual practitioners, 4) limit the number of square feet in two of the - three structures to 860 square feet, and 5) receive approval of historic designation by the Commission. Commissioner Patterson asked if the Commission is asked to vote simultaneously on the historical designation and the special exception? Mayor Cardamone stated no; that two separate motions will be required. Commissioner Patterson asked for a description of a healing arts establishment? Mr. Taylor stated that the petitioners can provide a description at this meeting; that the PBLP resolution indicates practitioners are BOOK 40 Page 13370 07/01/96 6:00 P.M. Book 40 Page 13371 07/01/96 6:00 P.M. trained in massage therapy, geriatric massage, acupuncture and various holistic, medical specialties. Commissioner Patterson asked if the practitioners will service the patients on a one-on-one basis? Mr. Taylor stated that the question could be answered more accurately by the petitioners; that the Planning Department reviewed the petition for Special Exception for concurrency and trip generation, based on criteria commonly used for a medical office. Commissioner Patterson asked if Staff would find any specific differences if the property were to be sold to a pediatrician? Mr. Taylor stated that intensity would be equal based upon average medical uses; that no significant difference would be found in trip generation if a special exception were to come before Staff to determine transportation concurrency for a pediatrician's office; however, the uses and practitioners are limited to specific types of healing arts as defined in the resolution; that a pediatrician would not be a permitted use. Stephen Rees, Attorney, Law Firm of Icard, Merrill, Cullis, Timm, Furen & Ginsburg; Barbara Best and William Baumgartner, 636 South Osprey Avenue came before the Commission. Attorney Rees, representing the petitioners, Ms. Best and Mr. Baumgartner, distributed his resume indicating professional and educational background and qualifications to the City Auditor and Clerk and stated that he has practiced law in the City since 1972, and has worked for a number of years with the Sarasota City Plan, the Zoning Code and land development regulations; that the two specific petitions before the Commission are to be considered separately to allay misunderstanding; that the petitioners request the Commission consider the special exception request upon approval if granted of historical designation for the property. Mr. Rees stated that a presentation made by the petitioners at the regular Commission meeting on May 20, 1996 will be incorporated with Staff's presentation made at the same meeting, and distributed the following, additional exhibits to the Commission and the City Auditor and Clerk: 1. An interoffice memorandum of June 17, 1996, from Lorrie Muldowney, Historical Resources Specialist to Robert Town, Chairman, Historic Preservation Board 2. The Secretary of the U.S. Department of the Interior, National Park Service, Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 3. U.S. Department of the Interior, National Park Service Preservation Brief 32, "Making Historic Properties Accessible" 4. Excerpts from the Minutes of the Meeting of the Historical Preservation Board held on January 9, 1996 Mr. Rees stated that the memorandum of June 17, 1996, addresses the return of the two petitions for consideration by the Commission, the finding of the Historic Preservation Board that the petition meets compliance with the Historic Preservation Ordinance, and three points of objection raised by a public speaker at the May 20, 1996, regular Commission meeting; that the memorandum cites excerpts from the Standards for Rehabilitation and the Preservation Brief No. 32 which addresses making historic properties accessible; that members of the Historic Preservation Board, found concurrency with the guidelines set by the Department of Historical Resources that the handicap ramp on the side of the subject property does not compromise the character and historical integrity of the house as the ramp can be removed without damage or alteration to the historic structure Mr. Rees continued that the minutes of the Historical Preservation Board meeting of January 9, 1996, provide background for what transpired at the April 9, 1996, Board meeting, at which historical designation was approved; that the special designation report prepared by Staff encompasses a complete copy of the application prepared by the petitioners and approved unanimously for designation by the Historic Preservation Board; that the presentation includes architectural details of a prairie style house, the years of ownership, the years of occupancy, and the types of uses for the propertyi that no information has been omitted which does not support the historical designation; that the Commission is asked to approve the passing of proposed Ordinance 96-3943 on first reading. Mr. Rees stated that Ms. Muldowney's memorandum refers to the Secretary of the Interior's Standards for Rehabilitation and Preservation Brief 32, both of which emphasize identification and essential features of historic property; that preservation of an historic structure is balanced with modifications permissible to allow a contemporary use to occur; that the Historic Preservation Board decided enhancements made by the petitioners are in keeping with requirements for potential historic designation; that no addition or alteration has compromised the integrity or character of the structure. Ms. Best stated that the wheelchair ramp can be easily removed; that the rear porch was replaced according to photographs dating back to 1961, prior to a fire on the property, which indicate the rear porch had already been enclosed; that 1939 photographs, BOOK 40 Page 13372 07/01/96 6:00 P.M. Book 40 Page 13373 07/01/96 6:00 P.M. showing a screened front porch, do not indicate whether two doors existed from the beginning; that a single door would be expected to be situated in the center of the outside, front wall; that a single door in the center would open into the staircase; that information regarding the original number of doors in the front of the structure is unavailable. Mr. Rees stated that the Secretary of the Interior's Standards for Rehabilitation allows the construction of new additions or features, such as a porch or latticework, which are compatible with the character of the historic building; that design of new features should consider the size, scale and material of the historic building and should be clearly differentiated to prevent a false historical appearance; that the petitioners replaced the original porch to accommodate the historic character of the overall structure, using photographs as historical documentation Mr. Rees continued that Preservation Brief 32 states that modifications to allow accessibility should be in scale with the historic property, visually compatible, and reversible; that the essential form and integrity of the property should be unimpaired if the new feature were to be removed at a later date; that the design of the new feature should be differentiated from the design of the historic property to show evidence of addition; that the petitioners, and members of the Historic Preservation Board, appearing at the June 3, 1996, regular Commission meeting have testified that the ramp addition is reversible and does not compromise the exterior facade from any view; that landscaping, latticework, and accessibility for the handicapped may be added, according to Preservation Brief 32, to preserve historic buildings; that the Commission is respectfully requested to approve the petitioners' request and adopt proposed Ordinance No. 96-3943 on first reading. Mayor Cardamone opened the public hearing on proposed Ordinance No. 96-3943. The following people came before the Commission: Martha Hafner, 1841 Oak Street (34236), President, Laurel Park Neighborhood Association (LPNA), stated that the special exception was the subject of concern for neighborhood residents. City Auditor and Clerk Robinson stated that Ms. Hafner should return to speak during the public hearing on the special exception. Ms. Hafner stated that LPNA supports the historic designation. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson stated that the following items are made part of the record in regard to the historic designation and special exception: the Zoning Code of the City of Sarasota, the Sarasota City Code, the Comprehensive Plan of the City of Sarasota, also known as the Sarasota City Plan, the Engineering Design Criteria Manual, the Standard Building Code, 1994 edition, with appendices A, D, F, H, J, and M, and the City of Sarasota Local Amendments, the Historic Preservation Designation Report, including photographs of the structure for Petition 96-HD-01, the agenda, minutes, and agenda packet for the Historic Preservation Board meeting held on April 9, 1996, the Historic Designation Petition, No. 96-HD-01, the minutes of the May 20, 1996, and June 3, 1996, regular Commission meetings, Ordinance No. 96-3943, pertaining to the Historic Designation, the application packet for Petition No. 96-SE-02, and the Planning and Development Staff report, the agenda, minutes, and agenda packet for the May 1, 1996, PBLP meeting, and the resolution of the PBLP for Petition No. 96-SE-02, dated May 1, 1996. City Manager Sollenberger stated that Staff has not provided a recommendation for the rehearing as a recommendation for approval of the historical designation was provided at the initial hearing; that no information has been received in the intervening time to indicate any change in Staff opinion. City Auditor and Clerk Robins read proposed Ordinance No. 96-3943 by title only. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to pass Ordinance No. 96-3943 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes, Merrill, yes. Mr. Rees, Ms. Best, and Mr. Baumgartner returned before the Commission. Mr. Rees stated that Special Exception Petition No. 96-SE-02 was filed by the petitioners under Zoning Code, Section 1527, which allows for any type of use within an historic designated structure; that the particular use sought by the petitioners has been generally classified as practitioners of the healing arts. Mr. Baumgartner stated that individual practitioners will hold one hour appointments to avert continual traffic normally generated by shorter appointments; that parking restrictions limit the number of clients which can be treated simultaneously. Ms. Best stated that practitioners will be trained in healing arts, and not medical procedures; that only hourly appointments for BOOK 40 Page 13374 07/01/96 6:00 P.M. Book 40 Page 13375 07/01/96 6:00 P.M. treatments such as massage, nutrition, and counseling will be allowed; that the hours of operation would be between 8 a.m to 8 p.m. weekdays, and 8 a.m to 5 p.m., Saturday, that each practitioner is expected to treat six to eight clients per day. Commissioner Patterson stated that the PBLP resolution does not indicate hour-long appointments as a condition of approval; that neighborhood streets could be used for extra parking; that large groups of patients could be treated simultaneously in some of the uses described in the resolution; and asked if group therapy would be offered? Ms. Best stated no. Ms. Best stated that the Sarah Schenk, City Attorney's Office, devised the following language as a legal definition for the uses: May 1, 1996, Staff Report, Alternative Actions, page 9 Low intensive uses such as bodywork and massage therapy, counseling, energy techniques, holistic health, movement therapies, natural healing therapies, health specialties and such as relating to the healing arts. Mr. Rees stated that stipulation No. 3 in the PBLP resolution came from Ms. Schenk's April 26, 1996, memorandum; that the petitioner could add a stipulation limiting the practitioners to hour-long, individual sessions to eliminate concerns raised by possible sale of the property to a medical doctor with a large clientele. Commissioner Patterson stated that the inadvertent approval of a physician's office in the neighborhood should be avoided. Mr. Rees stated that the petitioners have actively solicited input from LPNA; that the neighborhood and the petitioners have reached acceptance and compromise; that no approval is desired for unacceptable future use of the property; that the petitioners are highly qualified in therapeutic practices identified in the resolution and proffer a stipulation to limit each practitioner to no more than one patient per hour. Commissioner Dupree asked if only three practitioners would be working in the building at any time? Mr. Rees stated yes. Commissioner Dupree asked if each practitioner will be limited to one patient per hour? Mr. Rees stated yes. Commissioner Dupree stated that patients waiting to be treated will require parking; and asked the waiting room facilities available for patients arriving early for appointments? Ms. Best stated that 11 parking spaces will be available; that a small waiting space is allocated. Commissioner Merrill asked what would occur if three practitioners, three patients and three patients arriving early required parking simultaneously in addition to other tenants in the building? Mr. Baumgartner stated that parking may occasionally become constricted as no more room is available to add additional spaces to the lot. Ms. Best stated that additional parking could only be created by cutting down a beautiful old oak tree which is not an acceptable option. Mr. Baumgartner stated that the oak tree covers five lots. Ms. Best stated that parking problems would occur only intermittently; that the practitioners could take the bus. Commissioner Merrill stated that a concern exists that the practitioners may park vehicles on neighboring streets. Mr. Rees stated that the house would not be vacant after the hours of operation; that either the petitioners or one of the practitioners would maintain full-time residence on the property; that the Commission and the City Attorney are requested to add language to the resolution imposing residential occupancy as a condition of approval. Mr. Baumgartner stated that the resident could be a practitioner or a resident caretaker. Mr. Rees stated that the PBLP recommendation demonstrates the special exception meets the minimum criteria; that approval, with the additional stipulations, is requested. Commissioner Patterson asked what actions could be taken if the conditions are violated? City Attorney Taylor stated that a fine could be levied if a municipal ordinance is violated; that an injunction preventing non-complying actions would be court-enforceable; that a special exception cannot be revoked under the current Zoning Code. Commissioner Dupree stated that the petitioners had previously indicated a small, young oak would be transplanted from the driveway to the side of the house; and asked if a professional would be hired to move the tree? Mr. Baumgartner stated that the tree was cut down; that power lines interfered with transplanting efforts; that an attempt to dig up the tree by hand was unsuccessful. BOOK 40 Page 13376 07/01/96 6:00 P.M. Book 40 Page 13377 07/01/96 6:00 P.M. Mayor Cardamone opened the public hearing on Special exception Petition No. 96-SE-02. Ms. Hafner, 1841 Oak Street (34236), President, Laurel Park Neighborhood Association (LPNA) stated that the LPNA supports the special exception; that the petitioners are commended for cooperating with neighborhood residents; that the LPNA requests two conditions be attached to the approval: 1) the special exception be restricted to 860 square feet or 30 percent of the total, whichever is smaller, and 2) full-time residence by one or more practitioners; that enforcement of the conditions is a concern. Mayor Cardamone asked if LPNA requirements are met by a full-time resident of the home? Ms. Hafner stated that the house should be occupied at night. Commissioner Dupree asked if the LPNA is requesting that the full-time resident be a practitioner? Mayor Cardamone stated that enforcing a live/work situation is difficult when a property is occupied by a full-time resident. Commissioner Patterson asked the square footage of the living quarters? Mr. Baumgartner stated that three residential units exist in addition to the 860 square feet of commercial. Commissioner Merrill asked what manner of enforcement would ensure occupancy of a building? Ms. Hafner stated that a resident should be required to sleep on the property 350 nights per year. Commissioner Merrill stated that mandating a person to live on a property 350 days a year is difficult. Mayor Cardamone stated that legislating residence indicates intent. Commissioner Merrill asked if intent without enforcement is meaningless? City Attorney Taylor stated yes. Mayor Cardamone stated that special exceptions are difficult to enforce. Vice Mayor Pillot stated that requiring a property to be occupied 350 days per year is not reasonable as residents of a home take trips and vacations. Mayor Cardamone stated that Petition 96-SE-02 differs from most live/work situations which have only one practitioner and not three. Commissioner Merrill stated that mixed-use may be a better definition. Mayor Cardamone requested that the petitioners return to the Commission table. Commissioner Patterson asked the square foot differentiation between residential and commercial space? Mr. Baumgartner stated that one residential duplex, in the rear of the property, will never be commercial; that the second story of the main house is a separate residential unit. Ms. Best stated that the entire square footage is approximately 2,983 square feet; that 860 square feet, or approximately 29 percent, is commercial leaving 70 percent of the property residential. Commissioner Patterson stated that tenants other than a practitioner or resident caretaker could reside on the property. On motion of Commissioner Dupree and second of Vice Mayor Pillot, it was moved to approve the Special Exception No. 96-SE-02. Commissioner Patterson stated that the measure being approved may be different from what has been proffered at this meeting; that existing language does not address multiple patients in a group session or the condition of one patient per practitioner per hour; that the proffer limiting each practitioner to an average of no more than one patient per hour should be included. Vice Mayor Pillot asked if all proffers made at this meeting or previously in writing could be considered conditions of approval? City Attorney Taylor stated that the language should either be entered into the record or the final vote continued to a non-public hearing at the next regular Commission meeting; that revised changes will finalize the conditions in the resolution. Mayor Cardamone stated that continuing the vote to the next regular Commission meeting is preferable. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to postpone action on the PBLP resolution granting approval for Special Exception Petition 96-SE-02 to the next regular Commission meeting. BOOK 40 Page 13378 07/01/96 6:00 P.M. Book 40 Page 13379 07/01/96 6:00 P.M. Commissioner Merrill stated that the modified language in the resolution should include: 1) restricting the number of trips generated per hour to one per practitioner, 2) limiting commercial space to 860 square feet, and 3) requiring a practitioner or caretaker/manager to reside on the property. Vice Mayor Pillot stated that the proffers made by the petitioner and the petitioners' attorney are on the record; that Mr. Rees and the City Attorney could satisfactorily draft the document to be brought to the next regular Commission meeting. Commissioner Patterson asked if the petitioner agrees to the proffer limiting each practitioner to no more than one patient per hour? Ms. Best stated yes. Mayor Cardamone asked if a practitioner or caretaker would reside full-time on the property? Ms. Best stated yes. Mayor Cardamone asked if the petitioner would agree to prohibit group sessions? Ms. Best stated yes. Mayor Cardamone stated that group sessions should not be allowed as parking on neighborhood streets could pose potential problems. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Vice Mayor Pillot asked if the item will be agendaed under unfinished business at the next regular Commission meeting? City Auditor and Clerk Robinson stated yes. 9. CITIZENS I INPUT CONCERNING CITY TOPICS: AGENDA ITEM VI) #1 (2865) through (3081) The following people came before the Commission: Jencie Davis, 1420 5th Street (34236), stated that the pathways across the street from her dwelling are never trimmed, and are a disgrace so close to Downtown: that weeds are allowed to grow unrestricted as no sidewalk exists on the other side of the street. Ms. Davis continued that trees in Pioneer Park should be trimmed; that neighborhood residents had left the park in very good shape; however, the trees are growing wild again and look terrible. Mayor Cardamone stated that City Manager Sollenberger and Deputy City Manager Peter Schneider heard the concerns and made notes. Louis Venafro, 35 South Lemon Avenue (34239), representing the Lemon Coast Grill, stated that the Lemon Coast Grill is communicating with residents of Dolphin Tower, including Joyce Mintzer, who has informed the owners of the Grill that noise levels have improved in the past two or three weeks; that the residents of Dolphin Tower have agreed to allow the Grill to make necessary noise abatements, including baffling, installation of a drop ceiling over the stage, and carpeting of the stage floor, over the next month; that the residents of Dolphin Tower are pleased with improvements over the past two weeks. Mayor Cardamone stated that improvement in noise levels must be substantiated by Dolphin Tower residents. Mr. Venafro stated that Dolphin Tower residents advised this Commission meeting would not be attended due to improvements; that a compatible relationship with Dolphin Tower is sought by the owners of the Grill. : Mayor Cardamone asked what measures have been taken to abate the noise? Mr. Venafro stated that the band's level has been lowered significantly; that the music is being stopped earlier. Mayor Cardamone asked the new hours? Mr. Venafro stated that the band had previously been playing as late as 1:30 a.m.i / that the band did not play past 12:30 a.m. the previous weekend; that the owners of the Grill expelled an uncooperative band Friday, June 28, 1996. Commissioner Patterson stated that the efforts should be continued. Mayor Cardamone asked if baffling and sound-proofing have been installed? 7 Mr. Venafro stated that an acoustic engineer is currently planning the positioning of baffling, a method to install a drop-ceiling over the stage, and a means of carpeting the stage; that all walls will eventually feature baffling. 10. UNFINISHED BUSINESS: ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 96-3951, CALLING A REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY FOR THE PURPOSE OF DETERMINING WHETHER OR NOT A NEW CHARTER SHALL BE ADOPTED, INCLUDING AN OPTION TO RETAIN THE CURRENT METHOD OF ELECTING A MAYOR BY ANNUAL VOTE OF THE CITY COMMISSION OR ALTERNATIVELY TO PROVIDE A PROCEDURE FOR THE ELECTION OF A MAYOR, FOR A FOUR-YEAR TERM, BY VOTE OF THE QUALIFIED ELECTORS OF THE CITY, ALL AS IS MORE PARTICULARLY DESCRIBED IN THE CHARTER TEXT SET FORTH HEREIN: BOOK 40 Page 13380 07/01/96 6:00 P.M. Book 40 Page 13381 07/01/96 6:00 P.M. SETTING FORTH THE PROPOSED NEW CHARTER LANGUAGE; STATING THE REFERENDUM OUESTION; : SCHEDULING THE REFERENDUM FOR SEPTEMBER 3, 1996; STATING THE EFFECTIVE DATE FOR THE NEW CHARTER; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM VII-1) #1 (3082) through (3524) City Attorney Taylor stated that proposed Ordinance No. 96-3951 calls for a referendum of the qualified electors of the City for the purpose of determining whether or not a new Charter shall be adopted in the following language: Shall the proposed 1996 Charter of the City of Sarasota be adopted? For Against City Attorney Taylor stated that the referendum includes an option to retain the current method of electing a Mayor by annual vote of the Commission or alternatively to provide a procedure for the election of a Mayor, for a four-year term, by vote of the qualified electors of the City in the following language: Shall the proposed 1996 Charter of the City of Sarasota if adopted change the existing method for selection of a mayor to provide for the election of the mayor by vote of the qualified electors of the city of Sarasota for a four-year term? For Against City Attorney Taylor stated that the electorate should vote on both questions; however, the second question would be effective only if the vote on the first question gains an affirmative majority; that the proposed ordinance schedules the referendum for September 3, 1996. Commissioner Dupree asked if a citizen may vote for the proposed 1996 Charter without being bound to vote for the four-year mayor? City Attorney Taylor stated that is correct. Mayor Cardamone asked the provisions for electing a vice-mayor if a four-year, elected mayor is chosen? City Clerk and Auditor Robinson stated that the vice-mayor would be elected annually. Mayor Cardamone stated that the ballot question should provide explanation of a four-year, elected mayor as a "weak" mayor, with a more appropriate term for "weak, 1 City Attorney Taylor stated that the topic is addressed in proposed Ordinance No. 96-3941, Sec. 3 in the following language: A vote on either alternative for selecting a mayor shall not change the powers of the mayor from those existing under the 1988 Charter. City Attorney Taylor stated that the Commission had decided the powers of the mayor should be clarified through the public information process; that further review will be necessary if the language is to be addressed in the ballot question. Mayor Cardamone stated that the term "legislative" could be inserted into the ballot question. Vice Mayor Pillot stated that the term "legislative" may not be easily understood; that the addition of four or five words, demonstrating that the legislative mayor will have powers the same as currently, may clarify the issue. Commissioner Patterson stated that the ballot question should be left alone; that the electorate will ask for clarification before a vote is cast; however, the term "non-administrative" may be inserted if a majority of the Commission requires a change in the language. Vice Mayor Pillot stated that education of the electorate is the answer. Commissioner Patterson stated that the language in the ballot question should stand without revision. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3951 by title only. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to adopt proposed Ordinance No. 96-3951 on second reading. Mayor Cardamone requested City Auditor and Clerk Robinson to proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes, Patterson, yes. 11. UNFINISHED BUSINESS: REPORT RE: STATUS OF KEY PACKAGING CONCERNING PURCHASE OF THE 10TH STREET PROPERTY AND INCENTIVES = AUTHORIZED THE CITY MANAGER TO NEGOTIATE THE LAND TRANSFER TRANSACTION WITHOUT RESTRICTIONS (AGENDA ITEM VII-2) #1 (3528) through #2 (0808) city Manager Sollenberger stated that the Administration entered into discussions concerning the potential purchase of the City's 10th Street property for relocation of the Key Packaging Company industrial plant; that the City has offered a substantially discounted value from the appraisal on the property; however, Earl Smith, President, Key Packaging Company, has informed the BOOK 40 Page 13382 07/01/96 6:00 P.M. Book 40 Page 13383 07/01/96 6:00 P.M. Administration that the Utilities Excise Tax prevents the company from relocating to a site in the City; that the revenue from the Utilities Excise Tax constitutes nearly $7 million in revenues to the City's general fund; that the City cannot respond favorably to Mr. Smith. Commissioner Patterson stated that the City Manager has applied 10 years worth of credits to the appraised value of the 10th Street propertyi and asked if the credits are reflected in the $.87 per square foot price offered to Key Packaging Company? City Manager Sollenberger stated that the appraised value of $325,000 has been reduced by $150,000, comprised of 10 years credit of the current estimated level of the Utilities Excise Tax, and on additional credit of $10,000 for water and sewer impact fees, bringing the total price to $165,000, or $.87 per square foot. Commissioner Patterson stated that she would have voted to give Key Packaging Company the land as a non-negative, light manufacturing facility would employ citizens and improve the area for neighborhood residents; that the City should offer credits for a greater number of years; that the City could receive monies if the property is sold before the term of the agreement expires; that the price should be reduced to a level competitive to the site being considered by Key Packaging Company in Manatee County. Vice Mayor Pillot asked if the City could exercise any options in regards to the Utilities Excise Tax? City Manager Sollenberger stated that a more competitive price could be offered for the propertyi however, the City cannot eliminate the Utilities Excise Tax. Vice Mayor Pillot stated that the City Manager used the correct procedure to arrive at a price; that the company may be encouraged to relocate to the City by reducing the price to a more competitive level; and asked if the Utilities Excise Tax would still pose a problem? Commissioner Dupree stated that the June 27, 1996, letter from Mr. Smith explains the company cannot support the additional Utilities Excise Tax due their heavy use of power and future increased utility costs; that a great difference exists between the $.62 per square foot offered by Manatee County versus $.87 per square foot in the City. Commissioner Merrill stated that the land in Manatee County is approximately $140,000 which is only $25,000 less than the $165,000 price offered by the City; that the impact of the tax over a twenty-year period is $300,000; that the Commission has discussed the influence taxes bear on decisions made to locate a business or choose a residence in the city; that tax penalties imposed for additional services to the citizenry may conflict with attracting businesses to locate in the City; that the City should make tax equalization with surrounding counties a priority; that City taxes are driving Key Packaging Company to a neighboring county. Mayor Cardamone stated that the following key questions exist: 1) Are the property sizes comparable? 2) Is the property in Manatee County close to the work force? 3) Is Manatee County forgiving a utilities tax? Mayor Cardamone continued that Key Packaging Company has presented negatives of a higher land cost and a $15,000 Utilities Excise Tax; however, the City should investigate the unknown factors of the Manatee County offer. Commissioner Patterson stated that she agrees with Commissioner Merrill that tax equalization should be addressed; that no reason exists to address unknown factors as the company is satisfied with the site in Manatee County; that the City should make further concessions to attract Key Packaging Company to the 10th Street site. On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to authorize City Manager Sollenberger to choose whatever mechanism he deems appropriate to reduce the effective per square foot price of the City's 10th Street property to match the $.62 per square foot price of the site in Manatee County. Commissioner Dupree stated that Key Packaging Company should remain in the City; and asked the amount of taxes at their current location? City Manager Sollenberger stated that no Utilities Excise Tax exists in the Sarasota County where Key Packaging Company is currently located. Commissioner Dupree asked the City's capacity to alter the Utilities Excise Tax? City Attorney Taylor stated that no mechanism exists to forgive or lessen the tax; that one company exemption from the tax must be legally justified as other companies can be expected to request tax relief. Mayor Cardamone asked if the motion directs negotiations by the City Manager to ensure benefit to the City in case of the property's resale in the future? BOOK 40 Page 13384 07/01/96 6:00 P.M. Book 40 Page 13385 07/01/96 6:00 P.M. Commissioner Patterson stated yes; that the City Manager would be expected to operate in a fashion similar to the one already demonstrated, coherent with his own beliefs as to what is or is not appropriate for the City. Commissioner Merrill stated that he will not vote to grant a special tax break as every office building in Downtown will want one; that the 10th Street property has generated no taxes for six years; that the appraised value of $300,000 is difficult to determine as few parcels of land are sold in that area; that the absence of a Utilities Excise Tax in the County was previously unknown; that the City may consider eliminating the Utilities Excise Tax and find another source of revenue. Commissioner Dupree stated that giving the land to the company may create an appealing offer. Commissioner Patterson stated that the reasons the City purchased the 10th Street property at more per acre than the appraised price of $300,000 are unknown; that the current appraisal may be inflated; that a substantial portion of the property was given to a non-profit agency which provides a County-wide service rather than a specific City service; that the Salvation Army, which is interested in the site, would not pay $300,000 for the property; that the land may be worth donating to start light industry in that portion of the City; that she would be willing to give the land to Key Packaging Company. Vice Mayor Pillot asked for the City Manager's reaction to the suggestions? City Manager Sollenberger stated that Key Packaging Company should furnish a list of employee addresses to confirm local residence and avoid future embarrassment if the Commission decides to provide the property at no cost; that the Utilities Excise Tax is non-negotiable as a mechanism does not exist to prevent similar requests in the future; that the Utilities Excise Tax produces nearly $7 million in revenue which the Commission would be ill-advised to compromise; that Mr. Smith is concerned about the Utilities Excise Tax increasing when the company, which is heavily dependent on electricity, is expanded; that the offer of land should be tied to jobs actually generated in the City. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to amend the motion to authorize the City Manager to negotiate the land transfer transaction without restrictions, with the understanding that the Utilities Excise Tax is not negotiable. Commissioner Merrill stated that the time horizon for a manufacturing plant is approximately 20 to 25 years; that a long-term lease at $1 per year would be supported. Mayor Cardamone stated that the residence of the work force is essential. Commissioner Merrill stated that the work force for Key Packaging Company is currently located just outside the City limits; that a relocation of the company within City limits would give an incentive to the employees to relocate closer to employment; that locating the company in the City would be helpful to the Laurel Park and East Sarasota neighborhoods. Mayor Cardamone stated that the City originally initiated negotiations to prevent the loss of City jobs. Commissioner Patterson stated that Vice Mayor Pillot's motion should be treated as a substitute motion rather than an amendment. Vice Mayor Pillot stated that the advice is accepted. Commissioner Patterson stated that property taxes should not be negotiable; that negotiations should focus on the land price. Mayor Cardamone called for the vote on the substitute motion. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 12. UNFINISHED BUSINESS: APPROVAL RE: SCHEDULE A PUBLIC HEARING ON THE PROPOSED ROAD IMPACT FEE RATE INCREASES FOR JULY 15, 1996 = APPROVED PUBLIC HEARING (AGENDA ITEM VII-3) #2 (0809) through (1082) City Manager Sollenberger stated that the County notified Staff on June 18, 1996, of an intention to increase City road impact fees; that the City has the opportunity to hold a public hearing on the proposed rate increases within 30 days of notification, pursuant to the provisions in County Ordinance No. 89-97; that the City has not received the proposed ordinance nor the time, date, and location of the County Commission public hearing. City Manager Sollenberger stated that increases will be 10.9 percent or $77 for single-family residences, 24.3 percent or $287 per thousand square feet for corporate headquarters buildings, and 26 percent for hotels; that the Administration recommends a public hearing for the July 15, 1996 regular Commission meeting. Vice Mayor Pillot asked if a public hearing could effect any change in the County's decision to increase the impact fee in the City? BOOK 40 Page 13386 07/01/96 6:00 P.M. Book 40 Page 13387 07/01/96 6:00 P.M. City Manager Sollenberger stated no; that the City Commission is limited to giving advisory information to the County. Vice Mayor Pillot stated that the importance of the measure to the citizenry warrants a public hearing. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to approve the Administration's recommendation to schedule a public hearing on the proposed road impact fee increases for the July 15, 1996, regular Commission meeting. Vice Mayor Pillot asked if information will be forthcoming for the public hearing? City Manager Sollenberger stated that a package of information will be forthcoming; that the County has not furnished the proposed ordinance; that County Staff will present the impact fee proposal prior to opening the public hearing. Vice Mayor Pillot asked if the information will be available to the citizenry prior to the public hearing? City Manager Sollenberger stated that the public would probably not have the information prior to the public hearing, under the inter-local agreement. Commissioner Dupree asked if the forthcoming information will provide a comparative listing of impact fees of cities and counties similar to Sarasota? City Manager Sollenberger stated that a comparison of the proposed fees versus the existing fees will be provided; that the City can request the County to provide a comparison with other jurisdictions. Mayor Cardamone stated that impact fees were put in place prior to her election to the Commission; that virtually every street in the City is in good condition; that the City has an ability to reach out to people for help with redevelopment efforts; and asked why the City of Sarasota is required to have impact fees? Commissioner Patterson stated that the dual-taxation settlement in 1989 directed the County to collect the City's impact fees; that termination of the arrangement with the County should be explored although not plausible within the next 30 days; that information regarding counties in the State with more than a one-tiered impact fee structure and urbanized areas paying a different rate from the rest of the county is requested prior to the public hearing on July 15, 1996 regular Commission meeting. Mayor Cardamone stated that the information is readily available from Economic Development Board materials; that Manatee County's tiered impact fee arrangement should be easy to obtain; that money flowing from the City to the County is one of the reasons the County is more attractive. Mayor Cardamone called for the vote on the motion. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 13. APPROVAL RE: AUTHORIZE ADMINISTRATION TO NEGOTIATE A CONTRACT FOR THE RINGLING CAUSEWAY RBPLACEMENT BRIDGE AESTHETIC DESIGN AND SELECTION OF FACILITATOR, /COORDINATOR PROFESSIONAL SERVICES - AUTHORIZED ADMINISTRATION TO NEGOTIATE A CONTRACT WITH FIGG ENGINEERING GROUP AS FACILITATOR, /C COORDINATOR (AGENDA ITEM VII- 4) #2 (1083) through (1607) Dennis Daughters, Director of Engineering/City Engineer came before the Commission and stated that the Commission approved the Aesthetic Design Selection Process and authorized the Administration to acquire the services of a aclitator/corainator with experience in aesthetic bridge design at the June 3, 1996, regular Commission meeting; that the Administration issued a Request for Proposal (RFP) on June 10, 1996, with a deadline for submission of June 26, 1996. Mr. Daughters continued that the City received five proposals for the Facilitator/ Coordinator; that the Consultant Evaluation Committee was made up of himself, Robert Gerkin, Director of General Services, Jane Robinson, Director of Planning and Development, and Marcelle Wolf, concerned citizen. Mr. Daughters stated that one of the five RFPS received was rejected due to late submission; that the other four RFPS were reviewed and the Evaluation Committee's recommendations are listed in the following order of choice: 1. Figg Engineering Group Sub-consultant = The Foundation for Excellence in Architecture (The Foundation) 2. Barger & Dean Architects Sub-consultant Dean Van Landuyt 3. Arkitex 2 Commissioner Merrill asked for information regarding Arkitex 2. BOOK 40 Page 13388 07/01/96 6:00 P.M. Book 40 Page 13389 07/01/96 6:00 P.M. Mr. Daughters stated that information about Arkitex 2 was unavailable for this meeting and would be forthcoming at another time. Mr. Daughters continued that the Evaluation Committee selected Figg Engineering Group for the following reasons: 1) Figg has used the same design charette process proposed for the Ringling Causeway Replacement Bridge to develop proposals for the 17th Street Bridge in Ft. Lauderdale and the Broadway Bridge in Daytona Beach, 2) Figg, whose headquarters is in Florida, specializes in bridges only, 3) Figg has won many design awards all over the world for signature bridges, and 4) Figg has completed more design charettes for bridges with communities in Florida than any other bridge firm. Mr. Daughters displayed photographs and computer renderings of bridges designed by Figg Engineering Group on the overhead projector and stated that Figg designed the Sunshine Skyway Bridge, the Natchez Trace Parkway Arches Bridge in Nashville, Tennessee, which has won many awards, the proposed Broadway Bridge in Daytona Beach and the proposed 17th Street Bridge in Ft. Lauderdale. Mayor Cardamone asked the height of the 17th Street Bridge in Ft. Lauderdale? Mr. Daughters continued that the 17th Street Bridge is a bascule bridge with a clear height of 55 feet; that a 65 foot height as proposed for the Ringling Causeway Replacement Bridge would not have been sufficient as large ships enter that area. Mr. Daughters read the following paragraphs from the Figg Engineering Group's proposal to demonstrate the reasons for the Evaluation Committee's choice: The 17th Street Bridge in Ft. Lauderdale is centered in the heart of downtown Ft. Lauderdale with the Civic Center, two major hotels, cruise liners anchoring its sides. The existing bridge is an old, low-level bascule that is in need of replacement. Prior to Figg Engineering Group working for the Florida Department of Transportation (FDOT), others have presented the community with a proposed tunnel, and then a high level bridge. Both of these were discarded by the community and special groups formed to oppose the ideas of the FDOT. The situation was very unpleasant in the media. The community finally agreed to a high-level, 55-foot bascule with long approach structures over land; however, the mission was that the bridge must have picture postcard qualities and be a gateway for structure to Ft. Lauderdale that will represent the community and tie into.the surrounding areas. FDOT hired Figg Engineering Group. They organized and conducted two design charettes with the community. Gene Figg [the person who would be working with the Sarasota community] conducted the charettes. The same hostile public was invited to the first two-day charette along with department elected officials and the media. .The community was presented with bridge ideas of various shapes, color, texture, open railings, etc., and they voted on the basic styles. Various themes were presented that reflect the architecture of the area. The community selected a theme of timeless contemporary. The results of the voting were done immediately with on-site computers and everyone knew the voting results throughout the charette. About 75 people from the community participated. At the end of the two-day charette, the department's district secretary received a standing ovation by the community and the media reports were favorable. Mr. Daughters stated that the information was read to demonstrate the familiarity in background between Ft. Lauderdale and Sarasota; that the Evaluation Committee's selection of Figg was unanimous; that a contract will be drafted between the City and Figg Engineering Group with Gene Figg and Linda Figg McCallister conducting the design charette; that the Foundation has offered to share the cost of. hiring Figg, act as sub-consultant to Figg Engineering, and help conduct the design charette. Mr. Daughters continued that the Evaluation Committee recommends the Commission authorize the Administration to negotiate a contract with Figg Engineering Group to be the consultant for the Facilitator/Cor/Coordinator Professional Services for the Ringling Causeway Replacement Bridge aesthetic design theme. Commissioner Patterson asked the consultant's fee? 4 Mr. Daughters stated that $20 to $30 thousand is an estimated guess. Commissioner Patterson asked if the Foundation's sub-consultancy is pro bono as opposed to a paid consultancy? Mr. Daughters stated that the understanding exists that the Foundation will contribute the sub-consultancy in addition to sharing in the direct costs of Figg Engineering Group. Commissioner Patterson stated that the Foundation's generosity exceeds the normal pro bono offer. BOOK 40 Page 13390 07/01/96 6:00 P.M. Book 40 Page 13391 07/01/96 6:00 P.M. Mr. Daughters stated that one contract will be between the City and Figg Engineering Group with a second contractual arrangement in which the Foundation would provide some funds to the City. Marcelle Wolf, 445 McKinley Drive (34236), came before the Commission and stated that a signature bridge is closer to fruition; that the charette will probably occur around August 10, 1996; that the citizenry will have the opportunity to express personal views regarding the design of the bridge; that the charette is open to people with ideas and not limited to people with design capabilities. Ms. Wolf stated that Figg Engineering Group has won an impressive number of awards and expressed hope that the Ringling Causeway Replacement Bridge will win the firm's next award; that thanks is expressed to the Foundation for bringing Figg to the City; that real progress is being made. Vice Mayor Pillot stated that thanks is expressed to Ms. Wolf for her contribution to the Evaluation Committee; that the process has been administrated well. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to approve the Administration's recommendation and authorize the Administration to negotiate a contract for professional services with Figg Engineering Group as the Facilitator/Cor/Coordinator for the aesthetic design process. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 14. BOARD APPOINTMENTS: APPOINTMENT RE: NUISANCE ABATEMENT BOARD = REAPPOINTED SANDRA VAUGHN, GLENDA MOCK, AND DANNY BILYEU (AGENDA ITEM IX-1) #1 (1616) through (1632) Mayor Cardamone stated that the terms of Sandra Vaughn, Glenda Mock and Danny Bilyeu, members of the Nuisance Abatement Board have expired; that each member has expressed an interested in reappointment. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to reappoint Sandra Vaughn, Glenda Mock, and Danny Bilyeu to the Nuisance Abatement Board. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 15. BOARD APPOINTMENTS: APPOINTMENT RE: PLANNING BOARD/LOCAL PLANNING AGENCY - REAPPOINTED ROBERT LINDSAY; APPOINTED ERNEST BABB (AGENDA ITEM IX-2) #1 (1639) through (1938) Mayor Cardamone stated that the terms of Robert Lindsay and Eula Bacon have expired; that Ms. Bacon does not wish to be reappointed; that Mr. Lindsay is eligible and has expressed an interest in reappointment. On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to reappoint Robert Lindsay to the Planning Board/Local Planning Agency (PBLP). Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Vice Mayor Pillot nominated Ernest Babb for appointment. Commissioner Merrill nominated Brian O'Connell for appointment. Commissioner Dupree nominated Carolyn Mason for appointment. Commissioner Merrill stated that Mr. O'Connell is active in several City associations and events and is encouraged to keep his application active; however, he is unable to vote for Mr. O'Connell at this meeting; that the PBLP is the Board making the greatest impact on neighborhoods; that Mr. Babb 's effort on behalf of the City have earned the appointment; that he will vote for Mr. Babb. Commissioner Dupree stated that Ms. Mason could preform well on the PBLP; however, Mr. Babb has accomplished excellent work on the Board of Adjustment and has had the desire to serve on the PBLP for several years; that he will vote for Mr. Babb. Vice Mayor Pillot stated that Mr. Babb is extremely well prepared and candid when presenting points of view either favorable or opposed to a petition; that Mr. Babb's opinions are always constructive and he should be encouraged to continue serving the City. Mayor Cardamone stated that a late application requires review; that Robert Lincoln has a level of experience which should be investigated by any Planning Board; that she will vote for Mr. Babb but Mr. Lincoln's statewide experience in education, professional planning and long history of involvement would serve the City well. Vice Mayor Pillot asked if a letter is sent to applicants, encouraging the applicant to remain available for participation at another time? City Auditor and Clerk Robinson stated that the applicant is informed the application is kept on file for one year; that the applicant is contacted at the end of the year and asked if the application should be updated and remain on file. BOOK 40 Page 13392 07/01/96 6:00 P.M. Book 40 Page 13393 07/01/96 6:00 P.M. Mayor Cardamone stated that three additional citizens are available who would serve as excellent members of the PBLP; that the Commission is suggested to investigate the possibility of a seven member PBLP in November; that a well-run board of seven people can be just as effective and more talented than a PBLP of five people; and asked if the Commission would consider the suggestion for the November board appointments? Vice Mayor Pillot stated that the input of the PBLP is desired. Commissioner Merrill stated that previous applicants have informed him that the City neglected the courtesy of notifying of non-appointmentz and asked if a letter could be written extending thanks to applicants. City Auditor and Clerk Robinson stated that previous applicants, contacted by the Office of the City Auditor and Clerk, have asked for explanations for non-appointment, that notification by letter can be facilitated by using language such as expressed at this meeting. Commissioner Patterson asked if an applicant is eliminated from consideration after one year? City Auditor and Clerk Robinson stated that the applicant is called and asked if interest remains in appointment and if the application should be updated; that information on the application is confirmed or revised and the applicant's response noted next to the date of the telephone call. Commissioner Patterson asked if a citizen's name disappears after being on file for a year because the application has been withdrawn? City Auditor and Clerk Robinson stated yes. Mayor Cardamone called for a vote on the nominations. Ernest Babb received five votes. Mayor Cardamone announced the appointment of Ernest Babb to the Planning Board/Local Planning Agency. Vice Mayor Pillot asked when the appointment will take effect. City Auditor and Clerk Robinson stated that the appointment will take effect immediately. 16. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA CONSENSUS TO PRESENT A LETTER TO THE COUNTY ADDRESSING THE FOLLOWING LIBRARY CONCERNS: 1) ARCHIVES REMAIN IN THE CITY, 2) CHILDREN'S SERVICES AND GENEALOGY ADDED TO USES, AND 3) CONTINUED COMMISSION SUPPORT EXPRESSED FOR SELBY FIVE POINTS LOCATION OF PROPOSED DOWNTOWN LIBRARY; DIRECTED ADMINISTRATION TO INSCRIBE AND INSTALL THE GOALS AND PRIORITIES OF THE CITY IN THE COMMISSION CHAMBERS; PROVIDE RECOGNITION OF EDNA BERRY'S 100TH BIRTHDAY (AGENDA ITEM X) #2 (1942) through (0349) VICE MAYOR PILLOT: A. stated that the Commission should review special exceptions; that legitimate requests should not be disregarded; however, the City cannot remain powerless to address violations; that the issue should be resolved in written language. B. stated that the City Manager has sent letters of commendation to employees from whom the public has received special service and courtesies; that thanks are expressed to the City Manager for sending the letters; that a note has been sent to the Mayor and the Commissioners suggesting that the Commission also recognize employee actions; that hours were spent repairing an automobile by a City mechanic for a citizen who subsequently informed the City Manager of the employee's efforts; that the morale of the community is benefitted by kind deeds performed by City employees; that employees who truly deserve recognition should be commended in some way, if nothing more than a letter from the Mayor. C. stated that every citizen in the United States should have the privilege of visiting another country; that the tremendous history and culture of countries like Greece are impressive; however, the privileges and benefits of America, demonstrated by the manner with which citizens interact with one another, bestow an awareness of the blessings and good fortune in this country; that standing at the foot of the original statue of David in Italy was inspiring, but it was nice to return home. COMMISSIONER DUPREE: A. stated that he has visited various neighborhood associations, is encouraged by the amount of energy being exerted to improve individual neighborhoods, and commends neighborhood residents for working sO hard on identified problems. B. stated that a meeting is scheduled from 1 to 3:00 p.m., on July 11, 1996, in the Commission Chambers, to develop job training and recreational activities for young people, particularly teenagers; that local businessmen have agreed to sponsor leagues by paying lighting bills, BOOK 40 Page 13394 07/01/96 6:00 P.M. Book 40 Page 13395 07/01/96 6:00 P.M. and buying shirts and uniforms, enabling teenagers to play later hours at night; that the City will be informed of business commitments at the July 11, 1996, meeting. COMMISSIONER MERRILL: A. stated that the traffic abatement on Hyde Park Street, compelling one lane of traffic to yield to oncoming traffic in the other lane, appears to work well and is less intrusive than a speed hump. COMMISSIONER PATTERSON: A. stated that Dr. Robert Perkins, Executive Director, the Selby Foundation will facilitate the July 11, 1996, meeting addressing recreational activities for city youth; that what began with an informal meeting between Commissioner Dupree and herself mushroomed into an issue of Citywide interest; that the City Auditor and Clerk has informed her that Commission consensus is required to notify interested citizens; that consensus is requested to pursue enhancement of after-school and summer activities for City youth; and asked if Don Hadsell, Director of Housing and Community Development could attend as Community Development Block Grant (CDBG) monies may be addressed? Vice Mayor Pillot stated that he supports the effort. Mayor Cardamone stated that she also supports the effort. City. Manager Sollenberger stated that Mr. Hadsell, pending availability, will be available at the meeting as a resource. Mayor Cardamone asked if the Police Department would be involved in the meeting? Commissioner Patterson stated that Police involvement may be appropriate. City Auditor and Clerk Robinson stated that Commissioner Dupree had requested that the Chief of Police and Richard Walker, Senior Planner, Planning Department, be in attendance. Commissioner Patterson stated that structure is required to the effort; that the County was initially consulted to specify suggestions to be pursued by the Commission; that specific areas have not been identified to focus on actual needs; that a publication by the Human Services Planning Association of the County will be reviewed for specific actions. Mayor Cardamone stated that a minuscule meeting announcement in the Sarasota Herald-Tribune produced an overflow crowd on May 20, 1996; that Jack O'Neil, County Commissioner, revealed a proposal to use school properties in the summer for recreational activities at the informal Commission discussion held on June 1, 1996. B. stated that both Mayor Cardamone and Commissioner Merrill previously suggested removal of allowing special exceptions for historic designated structures from the Zoning Code; that disagreement is no longer held with the suggestion and interest is expressed in creating conservation districts. Mayor Cardamone stated that all special exceptions should be eliminated as violations cannot be enforced. MAYOR CARDAMONE: A. stated that the torch ceremony on July 4, 1996, will occur at approximately 2 p.m. at the Bayfront; that the local part of the ceremony is scheduled approximately 30 minutes prior to the arrival of the last torch runner who will light the cauldron and be followed by a formal ceremony requested by the Atlanta Olympic Committee. Commissioner Patterson asked where the ceremony would occur? Mayor Cardamone stated that the ceremony would occur near the Dolphin Fountain on Island Park. Mayor Cardamone stated that the torch will leave Sarasota in a boat flotilla to a very large seaplane anchored in the north Bay off Van Wezel; that the seaplane draws eight feet of water and has a wing span of 152 feet; that the City will be unveiling a model of a plaque to be placed at Island Park, commemorating the torch's presence in Sarasota on July 4, 1996, after traveling 15,000 miles from Los Angeles; and asked if other Commissioners plan to attend the 2 p.m. ceremony? Vice Mayor Pillot stated that the ceremony will be attended after a friend is viewed carrying the torch by the Boy and Girl's Club of Sarasota. Mayor Cardamone stated that a 20 or 30 vehicle caravan traveling with the torch picks up the runners as each run is completed and brings them to the site where the cauldron will be lit; that July 4, 1996, will be an exciting day for Sarasota. B. stated that Eugene Matthews, Chairman, Sarasota Board of County Commissioners has called a meeting of the Council of Governments, including the hospital board, the school BOOK 40 Page 13396 07/01/96 6:00 P.M. Book 40 Page 13397 07/01/96 6:00 P.M. board, the County Commission, the County Charter Review Board Chairman and the four municipalities on July 10, 1996; that the Commission is requested to provide beneficial suggestions or questions before the meeting. C. stated that a letter from Dr. Thomas Dickinson requests location of a post office substation in the Southside Village; that Dr. Dickinson has written a letter to Senator Connie Mack, with a copy to the Mayor; that the Commission is requested to write a strong resolution to replace the post office lost when the drugstore closed. Vice Mayor Pillot asked if the local postmaster has authority to locate a substation? City Manger Sollenberger stated that the Administration would contact the local Postmaster and present a report to the Commission. Mayor Cardamone stated that a resolution should be introduced in a timely manner if feasible. D. stated that a letter was sent on behalf of the Commission to Sarasota County's 75th Birthday Party at the Phillipi Mansion, today, July 1, 1996; that the letter explains the City Commissioners' absence, and wished the County a Happy 75th Birthday. Vice Mayor Pillot stated that the letter was judicious. E. distributed copies of a letter drafted to the Board of County Commissioners expressing the City's concerns related to the size of the library proposed for the Selby Five Points location, referencing the intent of the 1989 Local Option Sales Tax (L.0.S.T.) referendum to locate a 100,000-square-toot main library in the downtown area, as recommended in professional library studies, and suggesting that the original space program for readers' services, collections, meeting rooms, and computer stations be followed and administrative functions be relocated to another library facility. Commissioner Patterson stated that she supports forwarding the letter to the County; that the inclusion of children's services and archives in the space program should also be referenced in the letter; that the County is considering relocating the archives operation, which was originally intended for the 100,000 square- foot main library downtown, out of the City; that the archives operation should be retained within the City limits. Vice Mayor Pillot stated that he supports forwarding a letter to the County; that reterence to the genealogy department should also be emphasized in the letter. Mayor Cardamone stated that reference to relocating the archives operation into the main library would be somewhat contradictory to the intent of the letter which focuses on utilizing space in the new library for nonadministrative purposes. Mayor Cardamone asked for Commission comment regarding reference to the archives in the letter. Commissioner Patterson stated that the archives operation should remain within the City limits. Commissioner Dupree agreed. Vice Mayor Pillot stated that a parenthetical statement could be included to separate the archives issue from the main focus of the letter. Commissioner Merrill stated that the letter makes no reference to the Commission's strong support for locating the main library at Five Points; that Harriet Oxman, President, Friends of Selby Library, maintains a larger library could be accommodated at the Mission Harbor site; that the Commission's emphasizing the requirement of a 100,000 square-foot structure and simultaneously requesting administrative functions be relocated to another site could be perceived as rationale to build the library at the Mission Harbor site rather than at the Five Points location. Commissioner Patterson stated that the Five Points location could accommodate a large building. Mayor Cardamone stated that a three- or four-story structure could be constructed at Five Points. Vice Mayor Pillot stated that the Commission's appreciation with the County's decision to locate the main library at Selby Five Points should be reterenced in the first paragraph of the letter. Commissioner Merrill stated that the location of the main library at Five Points continues to be a controversial issue for various reasons, not specifically related to the size of the building; that the letter should include a stronger reference to the Commission's support of the Five Points location. Mayor Cardamone asked for the status of the acquisition of the properties required to construct the library at Five Points? BOOK 40 Page 13398 07/01/96 6:00 P.M. Book 40 Page 13399 07/01/96 6:00 P.M. City Manager Sollenberger stated that his understanding is the County has completed the purchase of the properties along First Street between Pineapple and Central Avenues. Commissioner Merrill stated that the terms "strongly support" should be used in reference to the Commission's position regarding the location of the main library. Commissioner Patterson stated that a letter including the term "strongly" in reference to the library site is not supported; that achieving a quality library for the City should take precedence over whether the library is located at Mission Harbor or five blocks away at Five Points; that the Friends of the Selby Library are more concerned with quality than location; that the public is concerned that the services provided at the main library may be reduced if the library is located at Five Points; that a full- service library can be provided at Five Points; however, drafting a letter which focuses strongly on the location will not promote the unity in the community required to confront and address the issues being raised with the Five Points location so an adequate library can be built. Mayor Cardamone stated that the Commission should maintain support for the proposed location as the County yielded to City requests to build the library at Five Points; that public momentum is increasing for a bigger, better library than what is being proposed; that the L.O.S.T. ordinance refers to dollars allocated for a main Sarasota library and more dollars for an East Sarasota library; that the Downtown Association and the Friends of Selby Library agree that the library located Downtown should be the main, central branch; that the Chamber of Commerce has provided support for the Five Points site; that Robert Barnhart, Chairman, Bayfront Property Owners Committee, expressed unanimous support for the Five Points location in a letter to the County Commission; however, many constituents are upset about the size of the library the County is proposing for the downtown site. Commissioner Patterson stated that the City desires more extensive use of the property by the County in providing a full-service library downtown; that the primary focus of the letter should be the size and quality of the library not the location. Vice Mayor Pillot stated that the Five Points location will accommodate a large library; that the Commission's continued support for the Five Points location could be expressed in the letter absent the term "strongly." Commissioner Dupree stated that the language drafted could indicate Commission support for the Five Points location but not as a compromise to a larger, quality library. Commissioner Patterson agreed. Commissioner Merrill stated that a divided vote regarding size versus location could be perceived based on the Commission's discussion; that a compromise to relocate the library to the Mission Harbor site could easily emerge if the Commission is viewed as divided; that the Friends of the Selby Library are location specific and have been the driving force behind siting the main library at the Mission Harbor site; that the Friends of Selby Library are perceived by many as using the size of the library proposed at the Five Points location to maneuver the project back to the Mission Harbor site; that the letter forwarded to the County should not promote the viewpoint that a 100,000-square-root library cannot be constructed at the Five Points location; that the City Commission's focusing on the size of the building could be used by the Friends of Selby Library to exaggerate Downtown parking problems, which is a fear in the community; that locating a first- class library Downtown is supported; that the opponents to Five Points' may misinterpret the Commission's position if the letter does not clearly affirm strong support for the Five Points site. Mayor Cardamone stated that a County Commissioner informed her that the land required for the library project has been purchased by the County and the site is no longer a subject for discussion. Vice Mayor Pillot stated that demolition of the structures on the property has been scheduled in October prior to the election. Commissioner Merrill stated that discussions at the Tiger Bay Forum questioned the practicality of the Five Points location. Mayor Cardamone stated that a great number of people are satisfied with the Downtown location and seek only a quality library. Commissioner Patterson stated that Ms. Oxman has made clear her preference for the Mission Harbor site; however, the Friends of the Selby library and other citizens who currently prefer the Mission Harbor site would be satisfied with a quality Downtown library which provides adequate parking; that many of the citizens opposing the Five Points location fear the site will be inadequate for a adequately sized, quality library. Commissioner Patterson continued that she voted in favor of locating the library at Five Points and allocating funding in addition to the City's contribution of $1 million in land as the Five Points location was preferred to renovating the existing Selby Library; that during a presentation to the Downtown Association, Ms. Oxman offered a valid suggestion of elevating the library structure and installing parking underneath; that the concerns regarding the Five Points location can be resolved; however, based BOOK 40 Page 13400 07/01/96 6:00 P.M. Book 40 Page 13401 07/01/96 6:00 P.M. on the current County's proposed plans for the library at Five Points, the City is getting shortchanged. Mayor Cardamone asked if the Commission has any objections to amending the letter to reference continued support for the Five Points location, archives remaining in the City, and children's services and the genealogy department included as functions in the main library. Mayor Cardamone stated that hearing no objections, the letter as amended will be forwarded to the County Commission. 17. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (0350) through (0419) CITY AUDITOR AND CLERK ROBINSON: A. stated that a joint workshop with the Planning Board/Local Planning Agency and the Board of Adjustment is scheduled from 3 to 6 p.m., Monday, July 8, 1996, regarding the Land Development Regulations (LDRS); that a public hearing will be held on the LDRS at 7 p.m., on the same date. Mayor Cardamone asked if the same sandwich service could be provided as was in a previous back-to-back meeting? City Auditor and Clerk Robinson stated yes; that also the information pertinent to the LDRS will be distributed on Wednesday afternoon. CITY MANAGER SOLLENBERGER: A. stated that the Commission had requested revision of the various goals and priorities of the City which were circulated to the Commission; that under Targets for Action, High Priority, the target for traffic concerns has been reworded as "Examine how best to abate residential traffic intrusion without overburdening the thoroughfare system"; that traffic abatement has been balanced with the ability to move traffic within the City; and asked if the Commission finds the language acceptable so that the goals and priorities could be inscribed and installed on the walls of the Commission Chambers? Mayor Cardamone stated there was a consensus of the Commission for the Administration to inscribe and install the goals and priorities of the City on the Commission Chambers. Mayor Cardamone requested that Jencie Davis come before the Commission. Ms. Davis stated that a 100th birthday celebration is planned for a member of her church; and asked if the Mayor would send recognition; that the churchmember's name is Edna Berry. Commissioner Dupree stated that information has been provided. 18. ADJOURN (AGENDA ITEM XII) #4 (0444) There being no further business, Mayor Cardamone adjourned the regular meeting of July 1, 1996 at 9:15 p.m. Auathic Chaih MOLLIE C. CARDAMONE, MAYOR ATTEST LnE Robena cny BILLY, d. ROBINSON, CITY AUDITOR AND CLERK o BOOK 40 Page 13402 07/01/96 6:00 P.M.