MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF AUGUST 08, 1994, AT 4:00 P.M. PRESENT: Mayor Nora Patterson, Vice Mayor David Merrill, Commissioners Mollie Cardamone and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: Commissioner Fredd Atkins PRESIDING: Mayor Nora Patterson The meeting was called to order in accordance with Article III, Section 10 of the Charter of the City of Sarasota at 4:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. ADOPTION RE: PROPOSED RESOLUTION NO. 94R-761, APPROPRIATING $100,000 FROM THE UNRESERVED GENERAL FUND BALANCE TO FUND THE COST OF DEMOLITION OF THE THREE CROWNS HOTEL ON LIDO KEY SHOULD THE OWNER FAIL TO HAVE THE DEMOLITION BOND IN PLACE BY AUGUST 18, 1994; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM I) #1 (0036) through (0549) City Manager Sollenberger stated that the Administration's recommendation is to adopt proposed Resolution No. 94R-761. The following people came before the Commission: Stanley Wolf, Lido Key Residents' Association, 445 McKinley Drive, stated that the owners of the Three Crowns Hotel have other requirements to meet in addition to posting a demolition bond on August 18, 1994; and asked if failure to live up to any other requirements would be sufficient to cause demolition? Mayor Patterson stated that failure to live up to other requirements would not necessarily require the City to finance the $100,000 demolition cost since the City's funds would be replaced by the owners' performance bond, the purpose of which is to fund demolition in case the agreement is violated; that in either case the City is bound by the same legal parameters in terms of whether demolition can begin. City Attorney Taylor stated that the proposed resolution would not affect the City's legal right to ask the Special Master to order demolition; that this resolution is to provide the funding mechanism in the event the owners fail to post a performance bond. Book 37 Page 10828 08/08/94 6:00 P.M. Book 37 Page 10829 08/08/94 6:00 P.M. Mr. Wolf asked if the owners' failure to correct any of the 22 violations would open the door to demolition? City Attorney Taylor stated yes; that the result of the Special Master's order not being followed is demolition. Mayor Patterson stated she is anxious not to mislead the people on Lido Key; that a conviction exists on the part of the Commission and Administration to pursue either reconstruction or demolishment of the building as expeditiously as possible; that avenues of legal appeal still exist over which the City may or may not have complete control; however, a lack of demolition funding will not stand in the way, which is the reason for this resolution. Mr. Wolf stated that he would like to say on behalf of the Lido Key Residents' Association that everyone is pleased with the actions of the Commission to date and hope these actions continue. Thomas Feeney, Mark Twain Association, 1336 Ben Franklin Drive, stated on behalf of the Mark Twain Association on Lido Key that he would like to commend the Commission for the way in which it has carried the ball in this matter; that the Association was aware of the problems of and the criticisms received by the Commission, therefore, the record should reflect that many people are happy with the Commission's actions. Mr. Feeney continued that the item in the stipulation to be accomplished by July 7th (the building be cleaned, closed and secured, and fenced) has not been completed; that another meeting is scheduled before the Special Master this month; that in May the owners' engineer gave a program indicating completion of this project by December 15, 1995; that the City has been very kind towards the owners who have now been allowed to forward a stipulation which extends the completion date to March 31, 1996; that he has sincere doubts about whether the owners will ever actually complete the project; that a credit check should be done with the Credit Bureau and Dunn and Bradstreet to determine the financial capability of Highland Properties, Inc.; that so far Highland Properties, Inc. has invested almost nothing; that a performance bond can be obtained for about 10% of the cost, or $10,000 - $12,000 and, meanwhile, the owners will continue to try to sell the property; that he met a developer who was offered a sales price of $2.5 million as recently as May 1994, at the same time the owners were appearing before the Commission claiming they were planning to remodel; that he hopes they remodel the property, but he has serious doubts, therefore, he urges the Commission to take every step possible; that the Special Master should be asked to take immediate action if the owners do not comply with the stipulation. City Auditor and Clerk Robinson read proposed Resolution No. 94R-761 by title only. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to appropriate $100,000 for demolition of the Three Crowns Hotel if the owners do not meet the August 18th deadline. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Commissioner Pillot asked for a review of the status of the Three Crowns property? City Attorney Taylor stated that what must be done, when, and other collateral matters have been embodied in an order issued by the Special Master based upon a signed stipulation between the City and the owners; that the stipulation is a promise to meet certain deadlines and the penalty for not meeting the agreed-upon deadlines is the demolition of the Three Crowns Hotel; that the funding mechanism for the demolition is the posting of a security bond by the owners, the sufficiency of which is subject to the approval of the Special Master; that August 18th is the date set by the Special Master to determine whether the security has been put in place; that the resolution considered today is to provide the City the ability to fund the demolition in the event the security for the cost of demolition is not forthcoming by August 18th; that the owners have absolutely agreed the City may demolish the property upon the occurrence of certain events in accordance with the order of the Special Master; that the owners have also agreed that the Special Master has sole jurisdiction over this matter to the exclusion of a court of law, therefore, the City is in a good position to control the destiny of the location. City Manager Sollenberger stated that, according to the order, the owners of the property are already in default as was discussed at the previous Commission meeting; that he has, therefore, requested the Director of Building, Zoning and Code Enforcement to confer with the Office of the City Attorney in order to issue a notice of default and to request a meeting with the Special Master for a determination as what action will be taken; that the notice will be served no later than tomorrow and a meeting with the Special Master will be requested pursuant to paragraph 10 of the agreement. Commissioner Cardamone asked if the notice of default is because of the fencing? Mr. Sollenberger stated it is because of the fencing and the fact that the building is not adequately secured so people can still get into the building; that after the notice of default, it is a function of the Special Master to make a determination as to whether a default actually does exist and decide on a remedy. Commissioner Cardamone asked if the owners will be declared to be in default if the Special Master calls a special meeting? Mr. Sollenberger stated that the City is asking for that to occur. Book 37 Page 10830 08/08/94 6:00 P.M. Book 37 Page 10831 08/08/94 6:00 P.M. Commissioner Cardamone asked if a resolution to the issue, therefore, may come within the week? Mr. Sollenberger stated that the Special Master's schedule is filled, and a meeting may not occur prior to August 18th; that the Administration has taken measures to initiate action as it relates to default conditions under the order; that the determination will rest with the Special Master. Mayor Patterson asked if an agreement has already been signed that the owners cannot appeal to the Circuit Court? City Attorney Taylor stated that the owners agreed to the stipulation on that basis; that demolition will occur if the Special Master so orders. Commissioner Pillot asked if the City can sign a demolition order on August 19th in the event the Special Master does not convene a meeting or the owners do not post a security bond by August 18th? City Attorney Taylor stated that the City will be asking the Special Master for approval to demolish the property at the scheduled August 18th hearing if the contingencies have not been met, and the Special Master could rule at that hearing. Commissioner Pillot asked if, absent anything to the contrary, the City can sign a demolition order on August 19th? City Attorney Taylor stated that is correct. Commissioner Cardamone asked if the motion just passed will provide City funds to demolish and a lien be placed on the property to recover the $100,000 invested, knowing that the City will be on the bottom of the list of entities which may recover, if the owners have not provided the performance bond on August 18th? City Attorney Taylor stated that is correct. Mr. Sollenberger stated that the Commission's action places the Administration in the position of not having to come back to the Commission but rather proceeding with the purchase order for demolition and having the funds available to pay the cost. Commissioner Cardamone asked if the neighbors could be notified if the August 18th meeting is rescheduled? Mr. Sollenberger stated that he will have William Hewes, Director of Building, Zoning, and Code Enforcement, assure the neighborhood association is notified. 2. APPROVAL RE: AWARD OF CONTRACT AND AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE CONTRACT TO MARVIN'S GARDEN AND LANDSCAPE SERVICE INC. IN THE AMOUNT OF $222,747, FOR COMPLETION OF THE NORTH TAMIAMI TRAIL MEDIANS IRRIGATION SYSTEM AND RELATED WORK PERTAINING TO DIRECT BORING AND SLEEVING INSTALLATION UNDER THE ROADWAY = APPROVED (AGENDA ITEM II) #1 (0549) through (0772) City Manager Sollenberger stated that the Administration's recommendation is to award a contract to Marvin's Garden and Landscape Service in the amount of $222,747 for completion of the jack and boring as well as the irrigation project regarding the North Tamiami Trail medians. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve the Administration's recommendation. Commissioner Cardamone asked if the contract has anything to do with landscape? Mr. Sollenberger stated that the contract is for the U.S. 41 median project on the North Tamiami Trail; that the landscaping will be installed by the City under the direction of Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager. Commissioner Cardamone asked the total amount of the contract? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the total cost is about $475,000. Mayor Patterson stated that the cost is about $600,000 including the consulting work done previously. Commissioner Cardamone asked if the City is taking out good landscaping replacing it with new landscaping as some of the medians look like they have recently been redone? Mr. Mountain came before the Commission and stated that all the material of substantial height, size and shape will have to be removed in order to comply with the Florida Department of Transportation (FDOT) index standards; that some of the small ground cover and small palms will be saved if moveable; that the plants have been in the ground so long that the root system has gotten into the roadbed; that the soil is so sandy and rich that it falls from the root ball; that every attempt is being made to save some of the material; that several months ago the grass on the medians was killed, and the ground cover and trees were removed; that most of the material did not comply with the FDOT index standard. Mayor Patterson stated that the City is planting oak trees. Mr. Mountain stated that oak trees will be planted at some point; that the City is in the process of obtaining permits from the FDOT; that the current FDOT index standard does not allow oak trees; that permits are being secured for the ground cover; that the FDOT is adopting a new standard October 1 at which time the City will apply for a permit to plant oak trees; that the timeframe will fall into the construction period for the project; that the irrigation system and ground cover will be installed, leaving spaces for the trees; that he cannot get firm commitments from the FDOT representatives but the City's plan was developed on the basis of the new FDOT index standard, which he has seen; that he has been assured the standards will be adopted by the State which will allow for the Book 37 Page 10832 08/08/94 6:00 P.M. Book 37 Page 10833 08/08/94 6:00 P.M. planting of oak trees; that money has been set aside for the oak trees; that since the FDOT does not presently permit oak trees, oak trees have been eliminated for the moment, allowing the City to continue the permitting process so that construction on U.S. 41 will not be occurring in the middle of the tourist season. Mayor Patterson asked if the crepe myrtles are in violation of the FDOT's standards? Mr. Mountain stated that is correct because of the height of the clear trunk. Commissioner Pillot asked if any viable plantings are being removed because of the FDOT requirements? Mr. Mountain stated the plantings are not being removed by order of the FDOT, but the plantings do not meet the FDOT standards and the FDOT could order removal. Commissioner Pillot asked if the plantings will be done with State permits and meeting State approval, either now or subsequently. Mr. Mountain stated that is correct. Mayor Patterson restated the motion to approve the contract. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 3. APPROVAL RE: ACCEPTANCE AND ACKNOHLEDGEMENT TERMS OF RECLAIMED WATER SUPPLY CONTRACT OF OAK FORD GOLF COURSE = APPROVED (AGENDA ITEM III) #1 (0772) through (0813) City Attorney Taylor stated that the present agreement with Oak Ford Golf Course states that successor owners must acknowledge the existing water reuse contract and agree to be bound by its terms; that the property has been sold to Union Golf of Florida, Inc., which has signed an acknowledgement and acceptance agreement and that authority is required to execute the agreement. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to grant authority to the City Manager to execute an agreement with Union Golf of Florida, Inc., on behalf of the City. Mayor Patterson restated the motion to accept the terms of the reclaimed water supply contract of Oak Ford Golf Course. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 4. APPROVAL RE: REAPPOINTMENT OF COMMISSIONER FREDD ATKINS TO THE TOURIST DEVELOPMENT COUNCIL = TABLED MOTION TO ACCEPT THE RECOMMENDATION TO REAPPOINT COMMISSIONER ATKINS PENDING A REPORT FROM THE CITY AUDITOR AND CLERK (AGENDA ITEM IV) #1 (0813) through (0956) Mayor Patterson stated that Commissioner Atkins has expressed a desire to continue serving on the Tourist Development Council; that she recommends the reappointment of Commissioner Atkins. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to accept the Mayor's recommendation to reappoint Commissioner Atkins to the Tourist Development Council. Vice Mayor Merrill stated that it is important to rotate these committee appointments; that he has been on the Metropolitan Planning Organization (MPO) for three years and there may be other Commissioners who would like to serve on that organization and have not had the opportunity; that Commissioner Atkins has served on the Tourist Development Council for the past three years and perhaps longer; that committee appointments should be rotated and he would rather wait on the appointment until a review of the various committees can be made; that he is interested in serving on the Tourist Development Council and other Commissioners may also be interested; that no comment is intended related to Commissioner Atkins but rather all the committees should be evaluated to determine if others have an interest in serving. Commissioner Pillot asked if the status quo continues if the reappointment does not occur? Mayor Patterson stated that the City received a letter from the Clerk of the Circuit Court asking for the City's appointment since it expired August 1st; that a meeting of the Tourist Development Council is scheduled for August; that it could be assumed the status quo would continue until the issue can be addressed. City Auditor and Clerk Robinson stated that he could advise the Clerk of the Circuit Court the appointment will be discussed at the next Commission meeting in September. Commissioner Cardamone stated that she would like to know on which boards the City has representation; that she would also like to discuss that Commissioner Atkins is the City's representative on the Economic Development Board, however, she attends as the alternate; that perhaps he should be asked if he wants to continue representing the City in that assigned position. Commissioner Pillot asked what other committee representation of Commissioners will be forthcoming and when? City Auditor and Clerk Robinson stated he could compile a list for the September meeting to include the expiration dates. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to table the motion with the consent of the Mayor until the City Auditor and Clerk brings the question back to the table. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Book 37 Page 10834 08/08/94 6:00 P.M. Book 37 Page 10835 08/08/94 6:00 P.M. Mayor Patterson stated that the issue should be placed on the agenda for the first meeting in September. Commissioner Cardamone stated that the list should include whether each board will accept an alternate. Mayor Patterson stated that the issue had been raised at the MPO; that the MPO will accept alternates but alternates are not allowed to vote; that each board probably differs in its policy related to alternates. City Auditor and Clerk Robinson stated that the item will be placed on the agenda for the first meeting in September, and he will include the policy of the board regarding alternates. 5. CITIZENS' INPUT - CITY MANAGER TO REPORT ON FLOODING AT GARFIELD AND TAYLOR DRIVES (AGENDA ITEM V) #1 (0962) through (1024) Audrey K. Lucker, Lido Key Residents' Association, 729 Taylor Drive, stated that she thanks the Commission for correcting the drainage on the Boulevard of the Presidents; that there is now flooding, however, on the "V" between Garfield and Tyler Drives; that Dennis Daughters, Director of Engineering/City Engineer, and Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, are aware of the situation; that flooding is occurring in front of the houses at that location; that Mr. Mountain had plants installed on the medians on the Boulevard of the Presidents, and it looks very nice; that today is a good day to inspect the area because it is flooded. Mayor Patterson stated that City Manager Sollenberger made a note of the problem and the Commission will receive a report. 6. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = CITY MANAGER TO REPORT ON ALTERNATE METHODS OF BEACHLINE RENOURISHMENT AT A FUTURE MEETING #1 (1024) through (1246) COMMISSIONER CARDAMONE: A. stated that the question of beach protection has been on the agenda a couple of times but removed; and asked if an alternate method of beachline renourishment has been explored and if the Commission will be brought some ideas in this regard when the issue is placed back on the agenda? Commissioner Cardamone stated that she has recently been on Casey Key twice in an area where the road constantly washes away, and she is happy to report that the beach has built up beautifully; that apparently the beach build up has something to do with a very controversial beach project involving concrete steps beside the guardrail along the rebuilt road; that the beach there looks great, with 20-30 yards of sand toward the water; that she would like the City to explore something other than dredging and filling and watching the beach erode. City Manager Sollenberger stated that he will have alternative beach protection explored so that it can be presented to the Commission at a future point. VICE MAYOR MERRILL: A. stated the drainage on Siesta Key should be reviewed; that the sidewalk is completely flooded each time it rains and that section of the bike lane is unreliable; that the aesthetics, flooding and transportation aspect of the area of the road should be reviewed; that the section referenced is from the bridge to the island, to near Freeling Drive on the southside of the road. Mayor Patterson stated that some documentation had been received in reference to her last inquiry from the Florida Department of Transportation (FDOT) indicating that some consultant work had been done; that she would like the City to take more leadership concerning this problem; that the neighborhood association for the area has been liasoning with the FDOT. Vice Mayor Merrill stated that widening the bike lane, which is about 5 feet wide, should also be explored; that he envisions this area being a main route for bicycle traffic. Mayor Patterson stated that widening of the bike path could occur towards the street. Vice Mayor Merrill stated that there is room for widening the bike path; that many families do not like to ride on two-lane busy streets; that the path should be wider than 5 feet for safety purposes. Mayor Patterson stated that the neighborhood association got the attention of FDOT; that this route is the hurricane evacuation route for half of Siesta Key so there should be backup from the County and the Siesta Key Association; that she is pleased to have the help of the Vice Mayor on the issue; that the sidewalk is a serious issue; that there is a variety of issues since the roads, yards, and sidewalks all flood. 7. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM VI) #1 (1246) through (1250) CITY MANAGER SOLLENBERGER: Book 37 Page 10836 08/08/94 6:00 P.M. Book 37 Page 10837 08/08/94 6:00 P.M. A. stated that it is good to be back from vacation; that on his trip to Maine he saw many Cities and he does not think any maintain their parks and medians any better than the City of Sarasota; that he was astonished how much better Sarasota's landscape maintenance is than Newport, Rhode Island; that Sarasota is way up there in the way the public properties are maintained. 8. ADJOURN (AGENDA ITEM VII) #1 (1250) There being no further business, Mayor Patterson adjourned the meeting at 4:45 p.m. Horo co Aillus NORA PATTERSON, MAYOR / < ATTEST: Billw E Rebeson BILLY E/ROBINSON, CITY AUDITOR AND CLERK *