BOOK 43 Page 16293 03/16/98 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 16, 1998, AT 6:00 P.M. PRESENT: : Vice Mayor Jerome Dupree, Commissioners Mollie Cardamone and David Merrill, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: : Mayor Gene Pillot and Commissioner Nora Patterson PRESIDING: Vice Mayor Jerome Dupree The meeting was called to order in accordance with Article III, Section 9 (a) of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. ADOPTION RE: MEMORIAL RESOLUTION NO. 98R-1061, RECOGNIZING THE PASSING OF ROSS EMERSON WINDOM, SARASOTA'S FIRST CITY MANAGER AND LONG-TIME RESIDENT OF SARASOTA, WHOSE CONTRIBUTIONS TO CITY GOVERNMENT AND TO THE COMMUNITY ARE APPRECTATED ETC. - ADOPTED #1 (0030) through (0210) Vice Mayor Dupree stated that the City of Sarasota Memorial Resolution No. 98R-1061 recognizes the March 7, 1998, passing of Sarasota's first city manager, Ross Emerson Windom, an outstanding citizen of Sarasota. Vice Mayor Dupree read Memorial Resolution No. 98R-1061 in its entirety and stated that the memorial resolution will be made into a plaque and delivered to the Windom family. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to adopt Memorial Resolution No. 98R-1061. Vice Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Cardamone, yes; Dupree, yes; Merrill, yes. The Commission recessed into a special meeting of the Community Redevelopment Agency at 6:07 p.m. and reconvened at 6:11 p.m. 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0223) through (0248) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add to New Business, Item No. VIII-4, Adoption Re: Proposed No. 98R-1062, appropriating $206,924 from the Unappropriated Fund Balance of the General Fund to fund the Agreement for the Financial Sustainability Study approved January 30, 1998, between the City and Luis Berger & Associates, Inc., per the request of Gibson Mitchell, Director of Finance. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (3 to 0) : Cardamone, yesi Dupree, yes; Merrill. Vice Mayor Dupree stated that Mayor Pillot and Commissioner Patterson are currently representing the City of Sarasota on a visit to the City of Sarasota's Sister City of Tel Mond, Israel, and will not be in attendance this evening. 3. APPROVAL OF MINUTES RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JANUARY 26, 1998, AND REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 2, 1998 APPROVED (AGENDA ITEM I) #1 (0276) through (0299) On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to approve the minutes of the City Commission special meeting of January 26, 1998, and regular meeting of March 2, 1998. Motion carried unanimously (3 to 0): Cardamone, yes; Dupree, yes; Merrill. 4. BOARD ACTIONS: REPORT RE: ADVANCED PLANNING BOARD/LOCAL PLANNING AGENCY' S REGULAR MEETING OF MARCH 4, 1998 - SET PETITION NO. 98-SV-04 FOR PUBLIC HEARING (AGENDA ITEM II-1) #1 (0316) through (0366) Jane Robinson, Director of Planning and Development, came before the Commission and presented the following items from the Planning Board/Local Planning Agency's regular meeting of March 4, 1998 at 6:00 p.m. A. Petition No. 98-SV-04 Ms. Robinson stated that Petition No. 98-SV-04 is a request to vacate an alley between 6th Street and 7th Street, a portion of 7th Street between North Tamiami Trail and Cocoanut Avenue, and a portion of 8th Street between North Tamiami Trail and Cocoanut Avenue; that the Planning Board/Local Planning Agency (PBLP) found Petition No. 98-SV-04 in the best interest of the public and recommends Commission approval subject to: 1. City water and sanitary sewer systems being relocated or easements being granted. BOOK 43 Page 16294 03/16/98 6:00 P.M. BOOK 43 Page 16295 03/16/98 6:00 P.M. 2. The Petitioner's executing, prior to second reading of the street vacation ordinance, a utility easement in favor of Florida Power and Light and Comcast Cable Communications providing for the operation and maintenance of utility facilities within the vacated right-of-way or providing written confirmation from the utilities that an easement is not necessary. 3. Issuance of the building permit for Phase I of the project including not less than 125 units. City Manager Sollenberger stated that the Administration recommends setting Petition No. 98-SV-04 for public hearing. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to set Petition No. 98-SV-04 for public hearing. Motion carried unanimously (3 to 0): Cardamone, yes; Merrill, yes; Dupree, yes. 5. BOARD ACTIONS: REPORT RE: NUISANCE ABATEMENT BOARD REPORT PRESENTED (AGENDA ITEM II-2) #1 (0390) through (0590) Sandra Vaughn, Chairman, Nuisance Abatement Board, and John Lewis, Chief of Police, and James Henderson, Sergeant, Sarasota Police Department, came before the Commission. Ms. Vaughn presented the following information and accomplishments of the Nuisance Abatement Board between January 1 and December 31, 1997: The Nuisance Abatement Detective reviewed 1,250 narcotics/prostitution cases, which resulted in 81 active cases and 36 cases closed or abated by the Board. $10,184 in fines and fees were assessed as a result of Board orders. One case is currently under appeal. The fines and fees will be assessed subsequent to a ruling on the appeal. Commissioner Cardamone asked if the Nuisance Abatement Board has been successful in deterring nuisance properties within the City of Sarasota? Sergeant Henderson stated yes; that the community is aware of the City's Nuisance Abatement program; that property owners, particularly owners of rental properties, who receive letters of notification regarding a nuisance immediately respond to the Nuisance Abatement Detective and take steps to rectify the situations before being required to appear before the Nuisance Abatement Board; that the property owners are educated on screening future tenants; that only four cases were brought before the Board for prosecution in 1997. Ms. Vaughn stated that the Landlord Training Program established by the Sarasota Police Department provides an additional tool in abating nuisances. Sergeant Henderson briefly explained the purpose and composition of the seven-member Nuisance Abatement Board established to conduct hearings and issue orders relating to the abatement of nuisance properties, on which drug, prostitution or gang-related activity occurs, as authorized and defined under Florida State Statute 893.138 and City of Sarasota Ordinance No. 96-3950. Police Chief Lewis stated that although only four cases were brought before the Nuisance Abatement Board in 1997, the board members, Police Staff, and Mark Singer, City Attorney's Office, spent numerous hours reviewing the cases, conducting public hearings, and issuing orders to abate the nuisances. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 4, 5, 6, 7, AND 8 - APPROVED; ITEM NO. 3 - APPROVED; ITEM NO. 9 - APPROVED WITH CORRECTION NOTED (AGENDA ITEM III-A) #1 (0597) through (0795) Vice Mayor Dupree requested that Item Nos. 3 and 9 be removed for discussion. 1. Approval Re: Set for public hearing proposed Ordinance No. 98-4043, amending Chapter 33 of the City Code pertaining to the impoundment of motor vehicles used to facilitate prostitution or drug related crimes; to create certain definitions; amending the procedures relating to notice and hearing; clarifying an owner's defense to impoundment; providing for an appeal; providing for the severability of parts hereof; repealing ordinances in conflict; etc. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Addendum No. 2 of the Interlocal Agreement providing for the Cooperative Administration of the City and County Housing and Community Development programs, which extends the term of the Agreement for an additional three months, through June 30, 1998. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interlocal Agreement between the City of Sarasota and Sarasota County providing for the maintenance of certain medians on U.S. 41 (S.R. 45). BOOK 43 Page 16296 03/16/98 6:00 P.M. BOOK 43 Page 16297 03/16/98 6:00 P.M. 5. Approval Re: Donation of surplus City equipment to facilitate an on-going maintenance program for the Galilee and Woodlawn Cemeteries. 6. Approval Re: Addendum II to the Conceptual Approval Agreement between the City of Sarasota and the Florida Communities Trust for land purchase and restoration at Hog Creek. 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Mote Marine Laboratory, Inc., in the amount of $49,287.71, to conduct an investigation of the effects of atmospheric deposition on algal assemblages. 8. Approval Re: Authorize the Mayor and City Auditor and Clerk the execute the Memorandum of Agreement between the City of Sarasota and the National Park Service, Southeast Region Support Office, in the amount of $10,000, for the preparation of the Gulf Coast Heritage Trail brochure. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 4, 5, 6, 7, and 8. Motion carried unanimously (3 to 0): Cardamone, yes; Merrill, yes; Dupree, yes. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement for Architectural Services with Taliesin Architects, Ltd., Corporation, Madison, Wisconsin (R.F.P. #98-3), in the amount of $1,597,450, for an evaluation study report for the Van Wezel Performing Arts Hall Facility Renovations. Vice Mayor Dupree asked for clarification of the contractual amount of $1,597,450 in reference to the $16 million estimate for the renovation project. William Mitchell, Executive Director, Van Wezel Performing Arts Hall (VWPAH) came before the Commission and stated that the contractual amount is for architectural services in addition to the $16 million estimated for construction costs; that the architect's scope of services is clearly defined in the contract. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to approve Consent Agenda No. 1, Item No. 3. Motion carried unanimously (3 to 0): Cardamone, yes; Merrill, yes; Dupree, yes. 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Contract for Consultant Services between the City of Sarasota and Scheda Ecological Associates, Inc., in an amount not to exceed $50,000, to provide professional services in coordinating wetlands habitat restoration projects in Sarasota Bay. Vice Mayor Dupree referred to a typographical error under Item No. 3 on page 2 of the Contract for Consultant Services; and stated that the term "singed" should read "signed. II On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item No. 9, with the correction noted. Motion carried unanimously (3 to 0): Cardamone, yes; Merrill, yes; Dupree, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 98R-1052) - ADOPTED; ITEM 2 (RESOLUTION NO. 98R-1053) = ADOPTED; ITEM 3 (RESOLUTION NO. 98R-1058) - ADOPTED (AGENDA ITEM III-B) #1 (0770) through (0992) Commissioner Cardamone stated that all three items under Consent Agenda No. 2 reference assessments of liens for removal of junk, rubbish, trash, etc.i that the locations of the properties are different; and asked why the assessments are all for the same amount, $94.79? City Manager Sollenberger stated that $94.79 is the total of $30 for removal or clearance, $34.79 in lien costs, and a $30 administrative fee. Commissioner Cardamone stated that the amount of removal required on each property may have differed; and asked why a uniform cost of $30 is being assessed? Timothy Litchet, Manager of Building, Zoning and Code Enforcement, came before the Commission and stated that the City contracts with a vendor for the removal and clearance of nuisance lots; that the $30 is based on the per-lot charge negotiated with the vendor; that, periodically, the $30 fee is exceeded, e.g., if the amount of removal or clearance results in additional disposal charges; however, the case reports presented are primarily for removal and clearance of vacant lots that property owners have neglected to maintenance properly. Commissioner Cardamone asked if the fines assessed behoove the property owner to maintain the property in the future? Mr. Litchet stated that in some cases the property owners make future attempts to maintain the lots; that in other cases property owners essentially abandon and refuse to maintain the BOOK 43 Page 16298 03/16/98 6:00 P.M. BOOK 43 Page 16299 03/16/98 6:00 P.M. lots; that the liens provide a mechanism for the City to pursue foreclosure on the lots in the future. Commissioner Cardamone stated that the case reports reference many properties on which liens have been placed in the past; that consideration should be given to pursing foreclosure of lots which are continuously assessed liens for repeat offenses and coordinating the development of affordable housing on those lots. City Auditor and Clerk Robinson read proposed Resolution Nos. 98R-1052, 98R-1053, and 98R-1058 by title only. 1. Adoption Re: Proposed Resolution No. 98R-1052, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; etc. (Title Only). 2. Adoption Re: Proposed Resolution No. 98R-1053, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; etc. (Title Only). 3. Adoption Re: Proposed Resolution No. 98R-1058, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, and trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; etc. (Title Only). On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 3, inclusive. Vice Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0) : Dupree, yes; Merrill, yes; Cardamone, yes. Vice Mayor Dupree requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4048, TO VACATE AN ALLEY RUNNING EAST TO WEST CONNECTING HIGEL AVENUE AND LA PALOMA AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 98-SV-03, PETITIONER, BRENDA L. PATTEN, ESQUIRE, REPRESENTING ROSIE A. TURNER) - PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (1050) through (1335) Jane Robinson, Director of Planning and Development, came before the Commission, referred to a Zoning/Subdivision map displayed on the overhead projector, and stated that Street Vacation Petition No. 98-SV-03 is a request for vacation of a right-of-way located between Higel and La Paloma Avenues, south of Siesta Drive; that the right-of-way is an unpaved alley approximately 170 feet in length and 15 feet in width; that on February 4, 1998, the Planning Board/Local Planning Agency (PBLP) found the right-of- way to be of no benefit to the public and recommended Commission approval of Petition No. 98-SV-03 subject to the petitioner's addressing the customary utilities issues. Brenda Patten, law firm of Kirk-Pinkerton, representing Rosie A. Turner, Petitioner, came before the Commission and stated that Ms. Turner owns the three lots to the north of the alley, which is currently overgrown with weeds, bushes, and poison ivy and where snakes have been observed; that the right-of-way serves no public purpose; that public services are delivered to the surrounding properties from the paved streets; that vacating the public right-of-way would eliminate the City's obligation to maintain the alley as the abutting property owners would maintain the area; that the potential liability the City could incur as a result of the existing condition of the alley would also be eliminated. Attorney Patten continued that the utility companies have been contacted; that no facilities, except a pole maintained by Florida Power & Light Company (FPL), exist in the right-of-way; that an easement for maintenance of the pole by FPL has been executed and will be recorded in the public record following the City's approval of the street vacation. Attorney Patten submitted for the record the language revision recommended to the City Attorney's Office for incorporation in the proposed ordinance and a copy of the executed FPL easement. City Attorney Taylor referred to page 2 of proposed Ordinance No. 98-4048, and stated that striking the words "over, along, or under the entire portion of" and inserting the word "within" in reference to the location of the electric facilities is acceptable. BOOK 43 Page 16300 03/16/98 6:00 P.M. BOOK 43 Page 16301 03/16/98 6:00 P.M. Vice Mayor Dupree opened the public hearing. There was no one signed up to speak and Vice Mayor Dupree closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 98-4048 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4048 title only. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 98-4048 on first reading. Vice Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0 ): Merrill, yes; Cardamone, yes; Dupree, yes. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4049, TO CONDITIONALLY REZONE FROM THE INDUSTRIAL (I) ZONE DISTRICT TO THE COMMERCIAL, INTENSIVE (CI) ZONE DISTRICT A PORTION OF THE FOLLOWING DESCRIBED PROPERTY (KNOWN AS DISCOUNT AUTO PARTS) LOCATED ON THE WEST SIDE OF NORTH WASHINGTON BOULEVARD AT 21ST STREET, WITH A STREET ADDRESS OF 2035 NORTH WASHINGTON BOULEVARD, SARASOTA, FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE AND DEVELOPMENT PLAN 98-PSD-B TO PERMIT THE CONSTRUCTION OF AN AUTOMOBILE PARTS STORE ON THE ENTIRE SITE IN A CI ZONE DISTRICT; ETC. (TITLE ONLY) (PETITION NOS. 98-CO-01 AND 98- PSD-B, PETITIONER, KENNETH H. EHLERS, P.E. AS AGENT REPRESENTING DISCOUNT AUTO PARTS, INC. AS THE OWNER OF THE REAL PROPERTY) - PASSED ON FIRST READING (AGENDA ITEM IV-2) #1 (1335) through (1540) Jane Robinson, Director of Planning and Development, came before the Commission, referred to a Zoning/Subdivision map displayed on the overhead projector, and stated that Petition No. 98-CO-01 is a request to conditionally rezone from the Industrial (I) Zone District to the Commercial, Intensive (CI) Zone District, lots 14 and 16 to provide for a unified development at 2035 North Washington Boulevard; that the petitioner plans to develop a new 6,800-square-foot Discount Auto Parts store and retention pond on the two lots; that the existing Discount Auto Parts store, currently located on lots 18,20, and 22-23 will be removed and replaced with a new parking area, driveway, landscaping and drainage facilities; that Preliminary Site and Development Plan No. 98-PSD-B has been filed in conjunction with Petition No. 98- CO-01 to allow for the development of the proposed retail auto parts store; that on February 4, 1998, the Planning Board/Local Planning Agency found Petition Nos. 98-CO-01 and 98-PSD-B consistent with the Sarasota City Plan and the City's Tree Protection Ordinance and recommended Commission approval. Commissioner Cardamone requested clarification of the effects of granting a conditional rezoning. Ms. Robinson stated that submittal of a preliminary site and development plan is required with conditional rezoning requests; that the conditional rezoning is granted subject to the site plan submitted, which delineates the use, parking, landscaping, and drainage components; that the rezoning process is reinitiated and a building permit will not be issued if a substantial change is noted when the final site plan is submitted. Kenneth Elhers, P.E., Distinguished Designs and Engineering, Inc., representing Discount Auto Parts, Inc., Petitioner, came before the Commission and stated that the existing 4,800-square- foot Discount Auto Parts building will be demolished and a 6,800- square-foot standard prototype building constructed; that all City Code requirements will be met. Vice Mayor Dupree opened the public hearing. There was no one signed up to speak and Vice Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson entered the following documents into the record: City of Sarasota Zoning Code Sarasota City Code City of Sarasota Comprehensive Plan (Sarasota City Plan) Engineering Design Criteria Manual Standard Building Code (1994 Edition) with Appendices A,D,F,H,J & M and City of Sarasota local amendments All documents made part of the record at the February 4, 1998, Planning Board/Local Planning Agency (PBLP) meeting as well as the minutes of that meeting. Site and Development Plan and application for Conditional Rezoning submitted by the petitioner. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4049 by title only. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 98-4049 on first reading. Vice Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Cardamone, yes; Dupree, yes; Merrill, yes. BOOK 43 Page 16302 03/16/98 6:00 P.M. BOOK 43 Page 16303 03/16/98 6:00 P.M. 10. PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 98-4050, PROVIDING FOR THE DESIGNATION OF THE COMMERCIAL STRUCTURE LOCATED AT 1490 MAIN STREET HISTORICALLY KNOWN AS WORTH' S BLOCK A/K/A GATOR BAR AND GRILLE AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA, FLORIDA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 97-HD-02, PETITIONER MIKKI HARTIG, REPRESENTING MR. ERNEST RITZ, PRESIDENT, GATOR CLUB CORPORATION) - PASSED ON FIRST READING (AGENDA ITEM IV-3) #1 (1550) through (1663) Jane Robinson, Director of Planning and Development, came before the Commission and stated that Petition No. 97-HD-02 is a request to designate the structure historically known as Worth's Block a/k/a Gator Bar and Grille, located at 1490 Main Street, as a structure of historic significance pursuant to the City's Historic Preservation Ordinance; that on November 12, 1997, the Historic Preservation Board recommended Commission approval of historic designation of the structure at 1490 Main Street based on the following criteria contained in Ordinance No. 86-3019, Section 15- 14 (1) : a) Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota. Vice Mayor Dupree opened the public hearing. There was no one signed up to speak and Vice Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson entered the following documents into the record: City of Sarasota Zoning Code Sarasota City Code City of Sarasota Comprehensive Plan (Sarasota City Plan) All documents made part of the record at the November 12, 1997, Historic Preservation Board meeting as well as the minutes of that meeting. The application for the National Register of Historic Places submitted by the petitioner. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4050 by title only. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to pass proposed Ordinance No. 98-4050 on first reading. Vice Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Dupree, yes; Merrill, yes; Cardamone, yes. 11. CITIZENS I INPUT CONCERNING CITY TOPICS = REFERRED REQUEST TO ESTABLISH AN OFF-LEASH AREA FOR DOGS TO THE PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD (AGENDA ITEM VI) #1 (1688) through (2630) The following people came before the Commission. Richard Stover, 2332 McClellan Parkway (34239), submitted for the record 422 signatures on a petition which read as follows: Petition Purpose: To establish a designated "Dog Area" within Island Park where dogs are allowed off leashes. We, the undersigned, are in favor of the above proposal. Mr. Stover stated that a group of responsible dog owners who enjoy visiting Island Park, who monitor and pick up after their dogs, and who make an effort to pick up after dogs of other people that do not follow the rules, are requesting a centrally located area within the City limits be designated for dogs to run off-leash; that allowing dogs to run off-leash promotes development of social skills (with people and other dogs) essential to a dog's health and well being and also provides for needed exercise many dogs cannot obtain at home. Mr. Stover continued that the lower western-most quadrant of Island Park, past the second sidewalk running north and south to the dolphin fountain, would provide an appropriate off-leash area, away from the children's fountain; that the proposed area, with access to the beach and water, could be designated with signage versus fencing; that the leash law could be enforced for those who abuse the privilege granted by allowing their dogs outside of the designated area. Mr. Stover further stated that designating an off-leash area would satisfy the dog owners and save the taxpayer funds currently being expended on police patrol to monitor dog behavior in the park; that requiring dog owners to drive to Twin Lakes or Ken Thompson Parks is not acceptable for many reasons; that Island Park is large enough that people and dogs can coexist; that many times, the majority of people at the park are dog owners with their pets. Mr. Stover requested Commission consideration of designating an off-leash area at Island Park as proposed. BOOK 43 Page 16304 03/16/98 6:00 P.M. BOOK 43 Page 16305 03/16/98 6:00 P.M. Commissioner Cardamone asked how the dogs could be controlled if no fence were constructed? Mr. Stover stated that dogs are controlled under voice command; that no problems existed before the leash law was enacted and enforced. Commissioner Cardamone stated that prior to enactment of the leash law, many citizens came before the Commission with complaints about being approached by unleashed dogs. Vice Mayor Dupree asked if fencing off the proposed area is being requested? Mr. Stover stated that fencing around the off-leash area would be acceptable; however, the Public Works Department previously indicated a fence would not be approved. City Manager Sollenberger stated that police patrols at Island Park were initiated in response to complaints received regarding dog fecal matter being found in the children's fountain and a request from the Health Department that the City take measures to prevent the activity; that owners with dogs not under voice command have been viewed personally at Island Park; that the Administration has supported continued enforcement of the leash law. Mr. Stover stated that designating an off-leash area for dogs would provide an equitable solution for both the dog owners and others visiting Island Park. Commissioner Merrill stated that most of the dogs at Island Park are well behaved; that the majority of park users in the evening are dog owners who abide by the rules established; however, government is often forced to pass laws based on the minority who do not abide by the rules; that dogs have been viewed running loose on the sidewalk at Island Park; that the City encourages tourists and citizens to walk around the Bayfront; that being approached by an unleashed dog can be intimidating; that the Parks, Recreation and Environmental Protection Advisory Board is developing a conceptual plan for Payne Park, a new 40-acre park Downtown, where the Sarasota Mobile Home Park is currently located; that developing an off-leash area for dogs at Payne Park, which is also centrally located, should be considered as an alternative to Island Park. Mr. Stover stated that the City of Coral Springs, Florida, donated 2.5 acres of land to develop a park designated for dogs; that $11,000 was raised from corporate sponsors, veterinarians, and private individuals; that a fenced area with an obstacle course where the dogs can run was built. Commission Cardamone stated that the City of Sarasota's Parks, Recreation, and Environmental Protection Advisory Board has discussed the potential of developing an off-leash area for dogs; however, Island Park, with high use by walkers, tourists, and children, may not be an appropriate location; that the group of responsible dog owners should attend future Parks Board meetings to listen to the discussion and to provide input. Commissioner Merrill stated that, previously, dogs were banned at almost all parks in the County; that the City Commission has been sensitive to the issues raised regarding dogs; that dogs on leashes are currently allowed at several City parks; that development of an off-leash area for dogs is supported; however, an alternative site to Island Park should be considered. John Beyer, 4445 Proctor Road (34233) deferred from speaking. Jonathan Hubbell, 1901 North Brink (34234), stated that he supports Mr. Stover's statements; that, originally, when dog supporters and dog opposers were present, the Commission discussed adopting an ordinance to allow dogs in Island Park but to require dogs not within 100 feet of their owner to be on a leash; that the ordinance adopted at a subsequent meeting, when only members of the Park, Recreation and Environmental Protection Advisory Board were present, requires dogs be kept on leashes unless swimming; that fines have been issued to dog owners who are not abiding by the leash law but not for failure to pick up a dog's fecal matter; that the fines imposed for violating the leash law at City parks are higher than those imposed at County parks; that many times, the container which holds the City- provided bags for depositing fecal matter is empty; that a place where owners can socialize and dogs can both run off-leash and swim is desired. T. Rossenwasser,. 4486 Don Meyer Drive, (34233) stated that her dogs are kept on-leash and bags for depositing fecal matter are purchased personally; that Sarasota provides many places for people to recreate but nowhere for dog to recreate; that dogs can prevent kidnappings and help prevent crime; that involvement with dogs can keep teenagers out of trouble; that people who violate the law by drinking and driving are punished while those abiding by the law are not prohibited from driving; that prohibiting unleashed dogs at parks which receive limited use is unfair; that, for example, Arlington Park, which has a fenced area, allows dogs only on narrow walking trails and on leashes which become entangled and prevent dogs from playing with each other; that Sarasota County had 31,260 dogs licensed as of December 1997, which equates to 15 percent of the registered voters; that dog owners are taxpayers and American citizens; that dogs have been beneficial to the human race throughout history; that the small minority of dog owners who ignore the rules and fail to pick up after their dogs should be punished; that the dog owners BOOK 43 Page 16306 03/16/98 6:00 P.M. BOOK 43 Page 16307 03/16/98 6:00 P.M. who abide by the rules should not be penalized; that the City is requested to provide civil and compassionate accommodations for dogs. Commissioner Cardamone stated that the matter should be referred to the Parks, Recreation and Environmental Protection Advisory Board for input and a recommendation. Commissioner Merrill stated that the Parks Board should be requested to review the Commission's position on Island Park and to review the potential of incorporating an off-leash area for dogs when the conceptual plan for Payne Park is developed. Vice Mayor Dupree stated that hearing no objections, the matter is referred to the Administration for review by the Parks, Recreation and Environmental Protection Advisory Board. Commissioner Merrill requested that the City Auditor and Clerk notify the speakers when the item is scheduled for discussion at a Parks Board meeting. 12. UNFINISHED BUSINESS: DISCUSSION RE: DRAFTING OF A NEW COMMERCIAL VENDING ORDINANCE - DEFERRED CONSIDERATION OF A NEW COMMERCIAL VENDING ORDINANCE TO PHASE II OF THE LDRS UPDATE (AGENDA ITEM VII-1) #1 (2636) through (3500) City Manager Sollenberger stated that in response to a request made by an ice cream vendor at the March 2, 1998, regular City Commission meeting, a motion was passed directing the Administration to develop a mechanism to allow ice cream vending in residential neighborhoods. Timothy Litchet, Manager of Building, Zoning and Code Enforcement, came before the Commission and stated that a preliminary analysis of potential issues associated with developing a new ordinance providing for the vending of ice cream in residential neighborhoods has been prepared; that the City Attorney has indicated legal issues could arise if the existing ordinance, which prohibits all commercial vending in residential zone districts, is revised to allow for vending of one specific product; that ice cream vending may be viewed as acceptable; however, a dentist's setting up and vending services from a mobile unit in a residential area may not be desirable. Mr. Litchet distributed copies of a police report filed recently on a dentist cited for vending services from a mobile unit on 23rd Street. Mr. Litchet stated that Nancy Dubin, Principal, Tuttle Elementary School, strongly urges a comprehensive review of all issues associated with allowing ice cream vending in City neighborhoods; that substantial legal and policy issues, i.e. hours of operation, safety requirements, noise considerations and liability insurance, must be considered; that drafting a revised commercial vending ordinance will consume substantial Staff time and slow the adoption process for the Land Development Regulations (LDRs) Update; that although the ice cream vendor who appeared before the Commission requested immediate Staff attention to the issue, Staff recommends revision of the ordinance be delayed until Phase II of the LDRs Update, which should not affect any existing vendors since no licenses have been issued for vending of any type in the residential zone districts; that, alternatively, the Zoning Code provides a process for an applicant to initiate a code amendment. Commissioner Merrill stated that although licenses are not issued, vending trucks routinely pass through neighborhoods; that the ordinance regulating signs on commercial vehicles was held in abeyance pending a review and rewrite of the commercial vehicle ordinance; and asked if a similar procedure could be initiated to allow certain types of vending in residential neighborhoods until a revised ordinance is drafted? Mr. Litchet stated that Staff has determined a full review of the ordinance is required; that withholding enforcement of commercial vending in residential areas is not supported; therefore, has not been considered. City Attorney Taylor stated that the existing ordinance was originally developed to address concerns raised by food and clothing vendors' operating in the beach areas, which the Commission viewed as improper; that the regulations were also applied to the residential zone districts to protect single- family residences from similar commercial activities; that selectively providing for vending of a specific type of product raises concern; that an ordinance could be developed which specifically precludes certain types of commercial activities; however, a substantial, legally defensible basis should be established before doing so; that time is necessary for Staff to address the issue properly. Commissioner Merrill stated that the regulations on commercial vehicles were partially enforced while the commercial vehicle ordinance was being redrafted; that a similar policy could be adopted to provide for the sale of ice cream in City neighborhoods while the commercial vending ordinance is being redrafted. Mr. Litchet stated that partial entorcement of the commercial vehicle ordinance was carried out in accordance with the policy decision made by the Commission. BOOK 43 Page 16308 03/16/98 6:00 P.M. BOOK 43 Page 16309 03/16/98 6:00 P.M. Commissioner Merrill stated that the LDRs Update should not be delayed to focus on the implications of changing the ordinance; and asked if a temporary measure to provide for ice cream vending in City neighborhoods could be developed without expending substantial Staff time? City Attorney Taylor stated yes; however, a recommendation should be brought back for Commission approval since the Administration should not be making exemptions to activities currently prohibited by ordinance of the City Commission. Commissioner Merrill stated that the motion made at the March 2, 1998, provides the Administration with the latitude to develop and implement a temporary policy; that the City's prohibiting the sale of ice cream, a traditional activity in neighborhoods, has been scrutinized by the public and the newspaper; that a temporary solution should be implemented while a permanent solution is being considered. Commissioner Cardamone stated that she views the issue from a different perspective; that the request under consideration was generated by an ice cream vendor who does not have an occupational license and whose business is not located in the City of Sarasota; that the seriousness of the problem created at Tuttle Elementary School is debatable; however, the safety of small children, who tend to be oblivious to surrounding traffic when running after an ice cream truck, raises concern; that an in-depth review should be performed before any type of commercial vending is allowed on the public streets; that the LDRs Update should not be delayed any further; that the Administration's recommendation should be supported. The following person came bef fore the Commission: Gene Bovinett, 5716 Volsella Place (34231) representing Kool Treats, stated that a provision in the Zoning Code for an applicant to initiate and bear the expense of a code amendment has been referenced; that he should not be required to privately fund an amendment which the Commission directed the Administration to prepare. Mr. . Bovinett continued that the comments made by Mr. Litchet at the March 2, 1998, regular Commission meeting gave citizens and some patrons a false impression that rides to children may have been given on Kool Treats trucks; that an investigation by Dennis Ford, Code Enforcement Inspector, concluded that no rides were given at any time but Tootsie Rolls had been distributed free of charge. Mr. Bovinett further stated that the County allows ice cream vending in residential areas; that the ice cream trucks do not remain stationary on the public streets but stop only when flagged; that the drivers continue on an established route immediately after service is provided; that April and May are the best revenue producing months of the year for an ice cream vendor; that the summer months generate little revenue because of the heat and the limited number of people outside; therefore, immediate action to provide for ice cream vending in the City is requested. Mr. Bovinett presented for Commission viewing a photograph depicting the type of safety lights installed on Kool Treats trucks. Mr. Bovinett stated that Kool Treats is concerned with the safety of children; that children who appear oblivious to traffic are advised to practice caution when approaching the trucks; that the safety lights installed on Kool Treats trucks are superior to those found on other ice cream trucks in Florida; that the installation of other safety features, i.e., flapper signs cautioning traffic to "yield" or advising of a reduced speed limit, are anticipated once additional funds become available. City Manager Sollenberger stated that the Administration recommends deferring consideration of a new commercial vending ordinance to Phase II of the LDRs Update. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to defer consideration of a new commercial vending ordinance to Phase II of the LDRs Update. Motion carried (2 to 1) : Cardamone, yes; Dupree, yes; Merrill, no. 13. UNFINISHED BUSINESS: DISCUSSION RE: : DRAFTING OF A NEW COMMERCIAL VENDING ORDINANCE - DEFERRED CONSIDERATION OF A NEW COMMERCIAL VENDING ORDINANCE TO PHASE II OF THE LDRS UPDATE (AGENDA ITEM VII-1) #1 (2636) through (3500) City Manager Sollenberger stated that in response to a request made by an ice cream vendor at the March 2, 1998, regular City Commission meeting, a motion was passed directing the Administration to develop a mechanism to allow ice cream vending in residential neighborhoods. Timothy Litchet, Manager of Building, Zoning and Code Enforcement, came before the Commission and stated that a preliminary analysis of potential issues associated with developing a new ordinance providing for the vending of ice cream in residential neighborhoods has been prepared; that the City Attorney has indicated legal issues could arise if the existing ordinance, which prohibits all commercial vending in residential BOOK 43 Page 16310 03/16/98 6:00 P.M. BOOK 43 Page 16311 03/16/98 6:00 P.M. zone districts, is revised to allow for vending of one specific product; that ice cream vending may be viewed as acceptable; however, a dentist's setting up and vending services from a mobile unit in a residential area may not be desirable. Mr. Litchet distributed copies of a police report filed recently on a dentist cited for vending services from a mobile unit on 23rd Street. Mr. Litchet stated that Nancy Dubin, Principal, Tuttle Elementary School, strongly urges a comprehensive review of all issues associated with allowing ice cream vending in City neighborhoods; that substantial legal and policy issues, i.e. hours of operation, safety requirements, noise considerations and liability insurance, must be considered; that drafting a revised commercial vending ordinance will consume substantial Staff time and slow the adoption process for the Land Development Regulations (LDRs) Update; that although the ice cream vendor who appeared before the Commission requested immediate Staff attention to the issue, Staff recommends revision of the ordinance be delayed until Phase II of the LDRs Update, which should not affect any existing vendors since no licenses have been issued for vending of any type in the residential zone districts; that, alternatively, the Zoning Code provides a process for an applicant to initiate a code amendment. Commissioner Merrill stated that although licenses are not issued, vending trucks routinely pass through neighborhoods; that the ordinance regulating signs on commercial vehicles was held in abeyance pending a review and rewrite of the commercial vehicle ordinance; and asked if a similar procedure could be initiated to allow certain types of vending in residential neighborhoods until a revised ordinance is drafted? Mr. Litchet stated that Staff has determined a full review of the ordinance is required; that withholding enforcement of commercial vending in residential areas is not supported; and therefore, has not been considered. City Attorney Taylor stated that the existing ordinance was originally developed to address concerns raised by food and clothing vendors' operating in the beach areas, which the Commission viewed as improper; that the regulations were also applied to the residential zone districts to protect single- family residences from similar commercial activities; that selectively providing for vending of a specific type of product raises concern; that an ordinance could be developed which specifically precludes certain types of commercial activities; however, a substantial, legally defensible basis should be established before doing so; that time is necessary for Staff to address the issue properly. Commissioner Merrill stated that the regulations on commercial vehicles were partially enforced while the commercial vehicle ordinance was being redrafted; that a similar policy could be adopted to provide for the sale of ice cream in City neighborhoods while the commercial vending ordinance is being redrafted. Mr. Litchet stated that partial entorcement of the commercial vehicle ordinance was carried out in accordance with a policy decision made by the Commission. Commissioner Merrill stated that the LDRs Update should not be delayed to focus on the implications of changing the commercial vending ordinance; and asked if a temporary measure to provide for ice cream vending in City neighborhoods could be developed without expending substantial Staff time? City Attorney Taylor stated yes; however, a recommendation should be brought back for Commission approval since the Administration should not be making exemptions to activities currently prohibited by ordinance of the City Commission. Commissioner Merrill stated that the motion made at the March 2, 1998, regular Commission meeting, provides the Administration the latitude to develop and implement a temporary policy; that the City's prohibiting the sale of ice cream, a traditional activity in neighborhoods, has been scrutinized by the public and the newspaper; that a temporary solution should be implemented while a permanent solution is being considered. Commissioner Cardamone stated that she views the issue from a different perspective; that the request under consideration was generated by an ice cream vendor who does not have an occupational license and whose business is not located in the City of Sarasota; that the seriousness of the problem created at Tuttle Elementary School is debatable; however, the safety of small children, who tend to be oblivious to surrounding traffic when running after an ice cream truck, raises concern; that an in-depth review should be performed before any type of commercial vending is allowed on the public streets; that the LDRS Update should not be delayed any further; that the Administration's recommendation should be supported. The following person came before the Commission: Gene Bovinett, 5716 Volsella Place (34231) representing Kool Treats, stated that a provision in the Zoning Code for an applicant to initiate and bear the expense of a code amendment has been referenced; that he should not be required to privately fund an amendment which the Commission directed the Administration to prepare. BOOK 43 Page 16312 03/16/98 6:00 P.M. BOOK 43 Page 16313 03/16/98 6:00 P.M. Mr. Bovinett continued that the comments made by Mr. Litchet at the March 2, 1998, regular Commission meeting gave citizens and some patrons a false impression that rides to children may have been given on Kool Treats trucks; that an investigation by Dennis Ford, Code Enforcement Inspector, concluded that no rides were given at any time but Tootsie Rolls had been distributed free of charge. Mr. Bovinett further stated that the County allows ice cream vending in residential areas; that the ice cream trucks do not remain stationary on the public streets but stop only when flagged; that the drivers continue on an established route immediately after service is provided; that April and May are the best revenue producing months of the year for an ice cream vendor; that the summer months generate little revenue because of the heat and the limited number of people outside; therefore, immediate action to provide for ice cream vending in the City is requested. Mr. Bovinett presented for Commission viewing a photograph depicting the type of safety lights installed on Kool Treats trucks. Mr. Bovinett stated that Kool Treats is concerned with the safety of children; that children who appear oblivious to traffic are advised to practice caution when approaching the trucks; that the safety lights installed on Kool Treats trucks are superior to those found on other ice cream trucks in Florida; that the installation of other safety features, i.e., flapper signs cautioning traffic to "yield" or advising of a reduced speed limit, are anticipated once additional funds become available. City Manager Sollenberger stated that the Administration recommends deferring consideration of a new commercial vending ordinance to Phase II of the LDRs Update. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to defer consideration of a new commercial vending ordinance to Phase II of the LDRS Update. Motion carried (2 to 1): Cardamone, yes; Dupree, yes; Merrill, no. 14. UNFINISHED BUSINESS: PRESENTATION RE: PROPOSED CITY HALL "FLORIDA YARD" CONCEPT PLAN AND BUDGET APPROVED AS REVISED; AUTHORIZED ADMINISTRATION TO PROCEED WITH PLANS AND SPECIFICATIONS (AGENDA ITEM VII-2) #1 (3507) through 2 (1258) Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager; Allen Garner, Coordinator, Florida Yards & Neighborhoods; and Phillip Smith, Senior Landscape Architect, David W. Johnston Associates, came before the Commission. Mr. Mountain displayed on the overhead projector the revised City Hall Master Landscape Plan for the Florida Yard Program and stated that the Plan includes only the area around City Hall; that a final determination regarding the Sarasota County Passenger Transfer Facility has not been made, therefore, the parking lots have been omitted from the Plan; that handicap accessibility has been improved and curvilinear sidewalks incorporated; that the Citizens with Disabilities Advisory Board supports retaining handicap access from both First and Second Streets. Mr. Garner stated that the proposed improvements for landscaping at City Hall are consistent with the goals of the Florida Yards and Neighborhood Program; that the goal of Florida Yards is to work in conjunction with nature utilizing proper placement of plants, reducing water use, minimizing runoff, and reducing pesticides while achieving an attractive landscape. Commissioner Merrill asked for clarification on the location and type of lawn recommended as a part of the Plan. Mr. Garner stated that a Florida Yard typically reduces the amount of lawn area; that Florida soils are not favorable to support the type of lush lawns generally desired by the public; that design and landscape maintenance are the primary elements focused on in development of a Florida Yard; that existing practices of the City's Public Works Department are consistent with Florida Yard standards. Mr. Smith stated that approximately 20 percent of the total landscaped area will be sod; that St. Augustine grass, which is self-healing and tolerant to foot traffic, will be used and irrigated by reclaimed water. Commissioner Cardamone asked for clarification on the number and location of handicap parking spaces. Mr. Mountain stated that only the parking spaces within the parking lots can be considered in meeting Americans with Disabilities Act (ADA) requirements; that the incorporation of five handicap spaces are proposed in the Plan: two each in the First and Second Street parking lots and one in the one-hour parking lot area on Second Street. Commissioner Cardamone stated that handicap parking spaces located in parking lots rather than on streets are safer and therefore preferable. Mr. Smith referred to and explained the various elements of the City Hall Master Landscape Plan including grouped plantings, BOOK 43 Page 16314 03/16/98 6:00 P.M. BOOK 43 Page 16315 03/16/98 6:00 P.M. uniform bed use, one continuous sodded area, the elimination of narrow strips of sod along the sidewalks and thus the need for high maintenance, the incorporation of ground cover plant materials and tree accents, i.e., Dwarf Jasmine, Coontie, Bird of Paradise, Black Olives, Podacarpus, and reconfiguration of sidewalks. Mr. Smith stated that portions of the existing landscape will be retained with void areas augmented; that the irrigation system will be updated and connected to the City's reclaimed water system; that the narrow sodded area beside the sidewalk along First Street will be replaced with brick paver block, which is pervious, allows water to drain easily, and provides a hard surface on which to step when exiting vehicles. Mr. Garner stated that the plant species proposed typically do not require irrigation once established. Commissioner Cardamone asked if changing the lighting around the building is proposed? Mr. Mountain stated that the period-style lighting originally planned was not cost effective and has been eliminated. Commissioner Merrill stated that frost can damage Black Olive trees, which should be considered when developing landscape plans. Mr. Smith stated that the Shady Lady Black Olive, which is the species recommended, is more tolerant to cold and was proposed for diversification and to provide a repeating element found in the Main and Second Street landscapes. Commissioner Merrill stated that the Black Olive tree has a root structure appropriate for Main Street since the limited space on Main Street would not support the root structure of Live Oak trees; that freezes have not been experienced in the past several years but do occur; that trees which could be adversely affected by frost should be avoided in the City Hall landscape plan. Commissioner Cardamone agreed; and asked if substituting Live Oaks for the Black Olives, which is preferable, would create a problem? Mr. Smith stated that from a design concept, the tree types could be changed without a problem. Mr. Garner stated that the Black Olives were incorporated to provide diversity; that landscape anchored with hardy native plant material, i.e., Live Oaks and Sabal Palms, is typically recommended for Florida Yards; that substituting Live Oak trees for the proposed Black Olive trees would be acceptable. Commissioner Merrill asked if reconfiguration of the sidewalk from First Street to the west entranceway is proposed because the existing slope does not meet ADA requirements? Mr. Mountain stated that the existing sidewalk from First Street currently meets the 12:1 slope requirement under ADA standards; however, a sidewalk with a reduced slope, creating a longer distance from First Street to the entranceway, is proposed in the Plan; that the Citizens with Disabilities Advisory Board viewed the reduced Slope as providing easier handicap access and requested the incorporation of resting benches halfway to compensate for the extended distance. Commissioner Merrill stated that benches are not a common element of handicap accessible sidewalks; that providing a bench so people can stop and rest may not be necessary. Mr. Mountain stated that the handicap access will not be used only by people in wheelchairs; that some people have breathing- related disabilities; that the resting bench on the sidewalk from First Street to the west entranceway, was incorporated at the request of the Citizens with Disabilities Advisory Board; that a resting bench was also incorporated on the sidewalk from Second Street to the west entranceway; that the type of seating which will be used has not been determined; that the Advisory Board has requested specific height, etc., and indicated a "toad stool" may be acceptable. Commissioner Merrill asked if recontiguration of the sidewalk from Second Street to the west entranceway is proposed because the existing slope does not meet ADA requirements? Mr. Mountain stated yes; that the slope of the sidewalk extending to Second Street exceeds the 12:1 slope requirement; that the length of the sidewalk is approximately 70 to 80 feet; that the deficient slope area is adjacent to the building and extends approximately 25 feet in length. Commissioner Merrill stated that the limited amount of funds available for ADA improvements was raised as an issue previously by the Commission; that utilizing the funds for improvements to the Van Wezel Performing Arts Hall (VWPAH) or Ed Smith Stadium rather than on sidewalks which already meet ADA requirements may be more appropriate; that additional information detailing the volume of use, actual users of the sidewalk, and the proposed resting bench should be provided; that the proposed $20,000 expenditure should be reconsidered. Mr. Mountain stated that the Citizens with Disabilities Advisory Board was consulted regarding Commissioner Patterson's concern BOOK 43 Page 16316 03/16/98 6:00 P.M. BOOK 43 Page 16317 03/16/98 6:00 P.M. with the estimated budget and limited funds but had no desire to change their recommendation. Commissioner Cardamone stated that access to City Hall from the two handicap spaces proposed in the Second Street parking lot will be lengthy and difficult; that the one-hour parking lot on Second Street provides easier access to the annex, main building, and Commission Chambers; and asked if the handicap spaces proposed in the Second Street parking lot could be relocated, e.g., to the one-hour parking area, and the on-street handicap spaces eliminated? Mr. Mountain stated that the Citizens with Disabilities Advisory Board referenced criticism received from citizens regarding several unused handicap spaces being placed in one area; therefore, an effort was made to locate the five required handicap spaces at different areas around City Hall; that three handicap spaces could be located in the First Street parking lot and two in the one-hour parking area on Second Street. Commissioner Cardamone asked if the project cost would be reduced by eliminating the handicap spaces and thus the need for access from the Second Street parking lot? Mr. Mountain stated yes; that some of the expense would be eliminated; that a portion of the sidewalk on Second Street was recently replaced to address a trip hazard and damage caused by the uplifting of tree roots. City Manager Sollenberger stated that funding for the handicap access improvements is proposed from the fines collected for handicap parking violations; that adoption of Resolution No. 98R- 1060 appropriating $21,560 from the Citizens with Disabilities Fund is requested under New Business, Item No. VIII-3. Commissioner Merrill asked if the funds proposed for exterior handicap improvements at City Hall could be allocated for improvements at other sites? City Manager Sollenberger stated that the funds can be allocated to any handicap accessibility project. Vice Mayor Dupree requested the Administration's recommendation. City Manager Sollenberger stated that the Administration recommends approving the concept plan as revised and authorizing the Administration to proceed with plans and specifications. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve the City Hall Master Landscape Plan with the following revisions: 1. substituting Live Oak for Shady Black Olive trees 2. locating three handicap spaces in the First Street parking lot and two in the one-hour parking area on Second Street 3. limiting changes to the sidewalks only as necessary to meet ADA requirements. Commissioner Cardamone asked if the intent of the motion is to eliminate the proposed resting benches from the sidewalks extending from the west entranceway to First and Second Streets? Commissioner Merrill stated that expending $90,000 to landscape City Hall is not appropriate; that the funding level must be reduced; that the original intent was to establish a Florida Yard; that the landscape plan presented is extensive and includes installation of a $10,000 irrigation system; that a major failing in the existing handicap access is not viewed; that a curvilinear sidewalk may be more aesthetic, but the existing sidewalk is not unattractive and meets ADA slope requirements; that handicap access is also available directly from First Street into the rear of the Commission Chambers; that installation of resting benches could be considered if the area developed could also be used, e.g., by employees or citizens during lunch; that the improvements should be limited to essential elements; that existing, functional handicap access should not be replaced. Commissioner Cardamone asked if the intent of the motion is to authorize the Administration to proceed with the Plan as revised without returning to the City Commission for additional approval? Commissioner Merrill stated yes. Mr. Mountain asked if the following accurately reflects the revisions made by the Commission and the intent of the motion? 1. substitute Live Oak for Shady Black Olive trees 2. retain the existing sidewalk extending from the west entranceway to Second Street 3. remove two proposed handicap spaces from the Second Street parking lot 3. locate three handicap spaces in the First Street parking lot and two in the one-hour parking area on Second Street 4. reconstruct recently improved handicap access extending from the east entranceway to the one-hour parking area 5. retain the existing sidewalk extending from the west entranceway to First Street, adding a small accent area as shown on the Plan, and replacing the handicap rail. Commissioner Merrill stated that Mr. Mountain accurately stated the intent of the motion. BOOK 43 Page 16318 03/16/98 6:00 P.M. BOOK 43 Page 16319 03/16/98 6:00 P.M. City Auditor and Clerk Robinson restated the motion as to approve the City Hall Master Landscape Plan for the Florida Yard Program as revised and restated by Mr. Mountain and to authorize the Administration to proceed with plans and specifications. Motion carried unanimously (3 to 0): Cardamone, yes; Dupree, yes; Merrill, yes. The Commission recessed at 8:06 p.m. and reconvened at 8:17 p.m. 15. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE ADMINISTRATION TO DEVELOP THE RFP AND SOLICIT PROPOSALS TO REDEVELOP THE LAUREL PARK NEIGHBORHOOD WALPOLE SITE LOCATED AT 1865 LAUREL STREET - APPROVED (AGENDA ITEM VII-3) #2 (1305) through (1460) Gregory Horwedel, Director of Neighborhoods and Redevelopment, and Martha Hafner, past President, Laurel Park Neighborhood Association (LPNA). Mr. Horwedel stated that approximately 2.5 years ago the City used Community Development Block Grant (CDBG) funds to acquire four lots located at 1865 Laurel Street, 1.5 miles west of U.S. 301, between Laurel Street and Hawkins Court; that the lots, commonly referred to as the Walpole site, were acquired at the request of the Laurel Park Neighborhood Association (LPNA) i that several months of discussion has ensued between proponents of a new construction proposal and proponents of bungalow relocation with on-site rehabilitation; that a consensus has not been reached; therefore, Staff recommends developing a Request for Proposal (RFP) soliciting proposals to develop the site without specifying either new construction or rehabilitation; that a selection committee to recommend one proposal has been formed and is comprised of the following individuals: Martha Hafner past President, LPNA) Daniel McNichol Board member, LPNA) Samuel Schackow President, Coalition of City Neighborhoods Association CCNA) Duane Mountain Streets, Landscape Maintenance & Solid Waste Manager, City of Sarasota Gregory Horwedel Director of Neighborhoods & Redevelopment, City of Sarasota Mr. Horwedel stated that the selection committee will review the proposals in May and make a recommendation for presentation to the Commission in early July. City Manager Sollenberger stated that the Administration recommends authorizing Staff to develop the RFP and to solicit proposals to redevelop the Walpole site. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to authorize Staff to develop the RFP and solicit proposals to redevelop the Walpole site. Motion carried unanimously (3 to 0) : Cardamone, yes; Dupree, yes; Merrill, yes. 16. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 98R- 1044, AMENDING RESOLUTION NO. 95R-839, BY MODIFYING PAGE 4, SECTION 5, ITEM 2, FIRST SENTENCE AS UNDERLINED: THE CITY OF SARASOTA WILL NOT INVEST ANY FUNDS IN DERIVATIVE INVESTMENT PRODUCTS EXCEPT THOSE INCLUDED IN PROFESSIONALLY MANAGED ACCOUNTS LIKE THE FLORIDA MUNICIPAL INVESTMENT TRUST; REPEALING ALL RESOLUTIONS IN CONFLICT; ETC. (TITLE ONLY) - APPROVED (AGENDA ITEM VIII-1) #2 (1519) through (1832) Gibson Mitchell, Director of Finance, and Mark Hostetler, Manager of Cash and Investments, came before the Commission. Mr. Mitchell stated that the City adopted Resolution 95R-839 as an investment guideline at the September 18, 1995, regular Commission meeting; that the investment guideline was recommended by Staff in response to widespread concerns of cities at the time regarding high-risk investment instruments; that an Investment Committee was established and has met quarterly since January 1996; that the Investment Committee is responsible for reviewing the City's investment policy and recommending changes as appropriate; that Staff is constantly seeking to improve the City's investment position and increase the diversification of the City's investment portfolio; that in January 1998, the Investment Committee approved and recommended Commission approval of a revised investment policy allowing the City to invest in the Florida Municipal Investment Trust (FMIVT) of the Florida League of Cities (FLC); i that proposed Resolution No. 98R-1044 modifies Resolution No. 95R-839 to allow such investments by adding the following language to Page 4, Section 5, Item 2, of Resolution 95R-839: (The City of Sarasota will not invest any funds in derivative investment products) except those included in professionally managed accounts like the Florida Municipal Investment Trust. Mr. Mitchell stated that Resolution No. 95R-839 prohibits the City from investing in Collateralized Mortgage Obligations (CMOs), which are derivative investments; that derivative investments can be a risky investment; however, under the careful and watchful eye of a professional manager, CMOs can be a positive investment opportunity; that the FMIVT invests approximately 17 percent of BOOK 43 Page 16320 03/16/98 6:00 P.M. BOOK 43 Page 16321 03/16/98 6:00 P.M. its portfolio in CMOs; therefore, the City's participation would be prohibited under the City's current investment guideline; that the Investment Committee determined that the CMOS in which FMIVT invests are Triple A rated, have the lowest risk factor, i.e., a risk factor of 2 in the short-term fund and a risk factor of 3 in the intermediary fund out of a possible risk factor of 10; that proposed Resolution No. 98R-1044 will allow the investment in CMOS if managed by a professional investment company such as the FMIVT. Mr. Hostetler stated that proposed Resolution No. 98-1044 provides an opportunity to increase the City's investment yield while still preserving principal and liquidity; that a variety of CMOS are available; that the CMOS included in the FMIVT portfolio are extremely safe. Commissioner Cardamone asked if the FMIVT is operated by the FLC? Mr. Mitchell stated yes. Commissioner Cardamone asked the expected investment yield? Mr. Hostetler stated that FMIVT investment yields as of January 31, 1998, are: Short-term (two-year) fund 7.31 percent Intermediary (five-year) fund 9.54 percent Mr. Hostetler stated that the rates of return are considerably higher than the City can obtain as an individual governmental jurisdiction. Mr. Mitchell stated that the rates are historical, and future rates are not guaranteed; that the Investment Committee recommends investing in the FMIVT due to the past results. Vice Mayor Dupree asked over what period of time the results have been realized? Mr. Hostetler stated that the rates are an annualized average. City Auditor and Clerk Robinson read proposed Resolution No. 98R-1044 by title only. Vice Mayor Dupree asked the Administration's recommendation. City Manager Sollenberger stated that the Investment Committee is comprised of the City Auditor and Clerk, the City Manager, the Director of Finance and the Manager of Cash and Investments, has reviewed the proposed change in the investment guidelines, and recommends adoption of proposed Resolution No. 98R-1044. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to adopt proposed Resolution No. 98R-1044. Vice Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Merrill, yes; Cardamone, yes; Dupree, yes. 17. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 98R- 1056, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $1,850,000 FROM THE FIRST FLORIDA GOVERNMENTAL FINANCING COMMISSION: APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS RELATING TO TRANSPORTATION, APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FIRST FLORIDA GOVERNMENTAL FINANCING COMMISSION; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; RATIFYING THE COMMISSIONS INTERLOCAL AGREEMENT ETC. (TITLE ONLY) - RESOLUTIONNO. 98R-1056 WITHDRAWN, AUTHORIZED THE CITY ATTORNEY TO INVERVENE ON BEHALF OF THE CITY IN A LAWSUIT CHALLENGING THE VALIDITY OF THE ELECTION CONCERNING THE LOCAL OPTION SALES TAX (L.O.S.T) (AGENDA ITEM VIII-2) #2 (1831) through #3 (0138) Gibson Mitchell, Director of Finance, came before the Commission and stated that the following three road improvement projects are proposed in conjunction with the Renaissance of Sarasota project: 6th Street from U.S. 41 to U.S. 301: old fashion lighting, canopy trees, sidewalks and pedestrian lights at signalized intersections as well as the addition of a third lane on 6th Street Cocoanut Avenue from 10th Street to Gulf Stream Avenue: old fashion lighting, canopy trees, sidewalks, and pedestrian lights at signalized intersections Central Avenue from Fruitville Road to First Street: continuation of streetscaping Mr. Mitchell stated that the three projects are estimated to cost $1.7 million; that funding of $1,322,000 is provided in the Lost Option Sales Tax (L.0.S.T.) extension, which will not generate revenue until September 1, 1999; that the City has a commit tment to complete the projects; that the First Florida Governmental Financing Commission (FFGFC) will be issuing Revenue Bonds totaling between $68 to $72 million to be marketed on March 30 and 31, 1998; that the City is a member of the FFGFC and could participate; that the City's True Interest Cost would be between 4.1 to 4.2 percent if a maximum of $1.85 million is borrowed; that the City has the opportunity to borrow the funds necessary to complete the project; that the debt service would be spread over five years at a cost of $388,321 per year; that the first BOOK 43 Page 16322 03/16/98 6:00 P.M. BOOK 43 Page 16323 03/16/98 6:00 P.M. interest payment would be due on January 1, 1999, and first principal payment on July 1, 1999; that both the first principal and interest payments would have to be paid from the current ten- year L.O.S.T.; that subsequent payments would be paid from the L.O.S.T. extension; that constructing a third lane on 6th Street will cost $400,000, which will be paid back to the L.O.S.T. when road impact fees are received; that the City is not pledging L.O.S.T.; that on the bond issue, the City would be pledging all non-ad valorem revenues as with every bond issue with FFGFC. City Auditor and Clerk Robinson read proposed Resolution No. 98R-1056 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 98R-1056. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to adopt proposed Resolution 98R-1056. Commissioner Merrill asked if the first payment of $388,321 will be from the current L.0.S.T. and if the balance of approximately $1.6 million will be from the ten-year L.O.S.T. extension? Mr. Mitchell stated yes. Commissioner Merrill asked the interest costs? Mr. Mitchell stated that proposed Resolution No. 98R-1056 presents the maximum requested authorization; that based on the preliminary sizing, the bond issue will total $1,721,140; that the total interest the City would pay back in five years is $221,603. Commissioner Merrill stated that the City has not borrowed significantly other than for the utilities system during the past few years, which is a source of personal pride; that Reserve Funds were considered to buy a parking lot in downtown; and asked if Reserve Funds could be used for this purpose rather than spending $221,603 on interest with no return benefit? Mr. Mitchell stated that the Administration is not recommending the use of Reserve Funds for two reasons: 1) the City has used Reserve Funds to make loans to the Community Redevelopment Agency (CRA) which has a source of revenue that could significantly increase if some of the pending developments materialize in which case the CRA loans will be repaid, and 2) constantly borrowing from the Reserve Funds with no means of replenishment is not prudent; that the City cannot borrow money any cheaper than with the FFGFC. Commissioner Merrill stated that the low cost of the borrowing is not a reason to borrow; and asked if the projects, other than the portion from 6th Street to Gillespie Park, is in the Rosemary District redevelopment area? Mr. Mitchell stated yes. Commissioner Merrill asked why the same funding mechanism proposed for the parking lot is not recommended for these projects? Mr. Mitchell stated that the City approved and committed to complete these projects if the L.O.S.T. passed. Commissioner Merrill asked if the Commission committed to borrowing money for the projects? Mr. Mitchell stated no. City Manager Sollenberger stated that the City has a disposition agreement with the Wynnton Group, Inc. (the developer), committing to do the streetscape improvements along 6th Street and Cocoanut Avenue within six months of the commencement of construction of the Renaissance of Sarasota project; that the developer has until the end of 1998 to begin construction provided the developer completes the rezoning and other processes in April 1998; that Staff recommends proposed Resolution No. 98R-1056 as a method to finance these project. Commissioner Merrill asked to which projects the Commission committed as part of the Renaissance of Sarasota project? City Manager Sollenberger stated that the City committed to the streetscaping of 6th Street from U.S. 41 to Orange Avenue; that the streetscaping project included in the L.O.S.T. was to extend the streetscaping to U.S. 301; that a commitment was also made to install streetscaping on Cocoanut Avenue from 10th Street to the new library site. Commissioner Merrill asked how much of the $1.7 million these projects represent? City Manager Sollenberger stated that $1,322,000 was originally allocated in the L.O.S.T. which included the streetscape project on Central Avenue from Fruitville Road to 1st Street. Commissioner Merrill asked the City's commitment for the Renaissance of Sarasota project? Duane Mountain, Manager of Streets, Landscape Maintenance and Solid Waste, came before the Commission and stated that the streetscape project on Central Avenue will cost $100,000; however, borrowing is required for only $50,000 as only one side of the street will be completed. City Manager Sollenberger stated that the projects on Cocoanut Avenue and 6th Street are for beautification as well as BOOK 43 Page 16324 03/16/98 6:00 P.M. BOOK 43 Page 16325 03/16/98 6:00 P.M. transportation concurrency improvements totaling $400,000 to $500,000; that the concurrency improvements are included as Staff anticipates the improvements to be financed through road impact fees; however, road impact fees will not be received in time to pay for the improvements; that the beautification and the concurrency improvements should be done at the same time to avoid duplicative work; that the proposal is to borrow the funds and recover the road impact fees to pay for the transportation concurrency improvements. Commissioner Merrill asked the amount of City money required for the Renaissance of Sarasota project? City Manager Sollenberger stated approximately $1.1 million. City Attorney Taylor stated that a lawsuit challenging the results of the election related to the L.0.S.T. extension has been filed by an organization called "Ax This Tax, n the Growth- Restraint and Environmental Organization (GEO), Mary Quillan and Daniel Lobeck; that the named defendant is Sarasota County; that the allegations of the complaint filed and served on Sarasota County are based on the structure of the ballot question, the technical aspects of notice, the information given voters and the legality of certain expenditures related to informing the electorate about the L.O.S.T.; that the Sarasota County Attorney's Office has suggested that willing County municipalities formally join in the litigation to lend support from a technical standpoint and, more importantly, to demonstrate the importance of the issue to the municipalities; that the Commission will be asked to authorize intervention in the litigation; that the time frame for the litigation will be approximately 6 to 9 months for a court ruling, unless the lawsuit is dismissed earlier; that the time frame also depends on whether the lawsuit is handled in a hearing or by motions in a summary fashion; that a right to appeal is also available, which can add additional time; that the timing of the lawsuit is not good for the City due to certain projects under consideration; that the Sarasota County Attorney's Office is of the opinion that a good and sufficient defense is available; however, no personal opportunity has been available to analyze the filed complaint. Vice Mayor Dupree asked how the lawsuit relates to the City's preference not to take the $1.85 million from Reserve Funds? Mr. Mitchell stated that the City is pledging non-ad valorem revenues to back up the bond issue; that the City intends to use the current L.O.S.T. to pay the first year's debt service and the extension to pay for the following four years; that Sarasota County is very confident and is not very concerned about the lawsuit. City Manager Sollenberger stated that the obligation to the developer for the 6th Street and Cocoanut Avenue developments must be met; that the impact on the City's ability to float a stand-alone bond issue for the Van Wezel Performing Arts Hall (VWPAH) is a more significant issue; that with pending litigation, bonding will be jeopardized until the lawsuit is resolved; that the VWPAH renovation project is scheduled to begin in April 1999; that accordingly, performances have not been scheduled for the VWPAH for the period beginning in the Fall 1999 and, depending on the planning, into the year 2000; that the matter is very serious for the City; that the timing with respect to VWPAH programming is a serious problem; that intervening in the lawsuit is supported. Commissioner Merrill asked if the lawsuit has been reviewed and if the lawsuit is a tactic? City Attorney Taylor stated that the lawsuit is not just a tactic but is serious; that the lawsuit was filed a couple of days after the election but was not served on the parties until recently; that until served, the lawsuit was not active litigation; however, an amended version of the lawsuit is now pending; that an amended complaint was served on Sarasota County in late February 1998;that not enough personal knowledge is known at this time to make a strong statement concerning the lawsuit's validity; that Sarasota County is filing a motion to dismiss the lawsuit. Commissioner Merrill stated that the $388,321 yearly debt service has to be funded from ad valorem taxes; that millage rates would have to be raised if the court finds that the referendum was improperly held. Mr. Mitchell stated that the bond structuring does not allow ad valorem taxes be used; that only non-ad valorem revenues can be used. Commissioner Merrill asked if any source could be used? Mr. Mitchell stated that ad valorem taxes cannot be used to repay the debt. Commissioner Merrill asked if excise taxes or some other utility tax would have to be raised? Mr. Mitchell stated no; that the City would be forced to consider a $388,321 annual debt service in the budget. Commissioner Merrill stated that sources are always fungible; that the lawsuit should be evaluated and cannot be disregarded due to the potential impact on the VWPAH; and asked the total purchase price for the proposed downtown parking lot on North Palm Avenue. BOOK 43 Page 16326 03/16/98 6:00 P.M. BOOK 43 Page 16327 03/16/98 6:00 P.M. City Manager Sollenberger stated that appraisal was $1,036,000, which will increase with closing costs. Commissioner Merrill stated that the money proposed for the parking lot should be spent on projects to which the City has previously committed and which have progressed through the public hearing process; that the funds proposed for the parking lot and the $388,321 from the current L.O.S.T could fund most of the three road improvement projects without having to borrow moneyi that excellent progress has been made in the City over the past few years since the City stopped borrowing money after 1991 when two Commissioners ran on a platform to cut City borrowing; that money can be borrowed cheaply; however, the best results are achieved from a pay-as-you-go" philosophy; that the City will advance further without borrowing money; that certain projects can wait; that borrowing money is more expensive than paying directly; that future Commissions should not have to be concerned about previously committed bonding and expenditures; that alternatives to borrowing $1.85 million are available; that the City should not depend on borrowing money to pay a debt from a source that is in question due to a pending lawsuit; that without a legal opinion that the lawsuit is unfounded, his vote must be based on being prepared to raise taxes to pay back the bonding for these projects; that his support was given to funding these projects through the L.O.S.T.; that if the funds were available, his support may be offered; however, funds are not available; that his personal commitment was not to borrow funds for these projects; that the motion on the table requires three affirmative votes of the Commission, and, therefore, cannot be passed at this meeting; that the issue can postponed to a later date. Commissioner Cardamone asked if this issue requires three affirmative votes of the Commission? City Auditor and Clerk Robinson stated yes. Commissioner Cardamone stated that the deadline for land acquisition associated with the Renaissance of Sarasota project is April 30, 1998; and asked the City's associated burden? City Manager Sollenberger stated that the City is obligated to commence improvement construction within six months of the time the developer starts construction, which will probably be late fall 1998 or early summer 1999; therefore, the City must begin the committed improvements in 12 to 14 months. Commissioner Cardamone asked if the reason for bringing this request to the Commission is due to the low current borrowing rates with FFGFC. Mr. Mitchell stated that the FFGFC is undertaking a bond issue at this time; that the City has an opportunity to participate in a $68 to $72 million dollar bond issue and benefit from the low interest rates; that the deadline is March 24, 1998. Commissioner Cardamone asked the next opportunity to participate in a bond issue with FFGFC? Mr. Mitchell stated that the City is not large enough to drive the FFGFC to start another bond issue; that the City has participated in the past when the opportunity was right and the City had needs. Commissioner Cardamone asked if the funds could be received but the projects not started if three affirmative Commission votes were received to support the request? Mr. Mitchell stated that having but not using the funds would be difficult. City Manager Sollenberger stated that three affirmative votes may not be possible at this meeting; that financing opportunities with FFGFC will be available in the next 12 months; that the City can meet the commitments to the developer. Mr. Mitchell stated that the restricted yield rate is 3.95 percent and the borrowing cost is 4.156 percent. Commissioner Cardamone stated that the City would immediately receive the funds. Mr. Mitchell stated yes; that the funds would be disbursed immediately upon closing. Vice Mayor Dupree asked if the interest of $221,603 would be paid over a five-year period? Mr. Mitchell stated that the interest would be paid over a five- year period and decrease each year; that the principal payment increases and the interest payment decreases, thereby maintaining a level debt service payment. City Manager Sollenberger stated that three affirmative votes are not available to adopt proposed Resolution No. 98R-1056; therefore, proposed Resolution No. 98R-1056 will be withdrawn and brought back to the Commission at a later date. City Auditor and Clerk Robinson stated that the motion can be withdrawn. Commissioner Cardamone as the maker of the motion, with the approval of Commissioner Merrill as the seconder, withdrew the motion to adopt proposed Resolution 98R-1056. BOOK 43 Page 16328 03/16/98 6:00 P.M. BOOK 43 Page 16329 03/16/98 6:00 P.M. Commissioner Cardamone stated that the situation with the VWPAH is serious; and asked if a plan has been developed for the VWPAH if the lawsuit continues and L.O.S.T. funds are not torthcoming? City Manager Sollenberger that no plan has yet been developed; however, staff is aware of and will give serious attention to the problem. Commissioner Cardamone stated that a plan for the VWPAH involves the support of the Van Wezel Foundation, the VWPAH Advisory Board and the Commission; that the Council of Governments considered the L.O.S.T. extension for over a yeari that many checks and balances were conducted to assure the ballot question and associated documents with the L.0.S.T. referendum were as well written as possible to guard against any challenge or lawsuit; that her hope is all appropriate precautions were taken. Vice Mayor Dupree asked when an assessment can be returned to the Commission? City Manager Sollenberger stated within 30 days. City Attorney Taylor stated that Sarasota County will file a formal motion to dismiss the lawsuit which will be made available to the Commission; that authorization is requested to file a motion to intervene in the lawsuit, making the City a party to the lawsuit and assuring receipt of all court filings; that all pleadings will be served by the City Attorney's Office on behalf of the City and the court will know the seriousness with which the City regards the issue. On motion of Commissioner Merrill and second of Commission Cardamone, it was moved to authorize the City Attorney on behalf of the City to file a motion to intervene in the lawsuit. Motion carried unanimously (3 to 0): Merrill, yes; Cardamone, yes; Dupree, yes. 18. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 98R- 1060, APPROPRIATING $21,560 FROM THE UNAPPROPRIATED FUND BALANCE OF THE CITIZENS' WITH DISABILITIES FUND TO FUND THE HANDICAP ACCESS PORTION OF THE PROPOSED FLORIDA YARDS LANDSCAPE IMPROVEMENTS AT CITY HALL; ETC. WITHDRAWN (AGENDA ITEM VIII-3) #3 (0177) through (0183) City Manager Sollenberger stated that proposed Resolution No. 98R-1060 is withdrawn as the plans for the handicap access portion of the proposed Florida Yards landscape improvements at City Hall were substantially modified during earlier Commission discussion, resulting in a reduced cost; that an appropriation will be returned for Commission consideration when the final cost is determined. Commissioner Merrill asked if the proposed project will be returned to the Commission? City Manager Sollenberger stated that the plans and specifications will be revised in accordance with the Commission's discussion; that the successful bidder for the project will be determined; that an appropriation for the portion of the cost related to sidewalk improvements will be presented as an item on the Consent Agenda at a future Commission meeting. 19. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 98R- 1062, APPROPRIATING $206,924 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO FUND THE AGREEMENT FOR THE FINANCIAL SUSTAINABILITY STUDY APPROVED JANUARY 30, 1998, BETWEEN THE CITY AND LOUIS BERGER & ASSOCIATES, INC.; ETC. - ADOPTED (AGENDA ITEM VIII-4) #3 (0183) through (0265) City Auditor and Clerk Robinson read proposed Resolution No. 98R-1062 in its entirety. Commissioner Cardamone asked the date the Financial Sustainability Study will be presented to the Commission? City Manager Sollenberger stated that the final study will be presented to the Commission in November 1998. Vice Mayor Dupree asked the Administration's recommendation. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 98R-1062. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to adopt proposed Resolution No. 98R-1062. Commissioner Merrill stated that various definitions of the term "sustainability" have been heard; that the term "sustainability" risks becoming an all-inclusive umbrella; that other government jurisdictions are considering the issue; however, the City may be taking a lead in conducting its Financial Sustainability Study, which is hoped to provide the City guidance in dealing with the current issues facing urban areas. Commissioner Cardamone stated that she is pleased the study will be completed in 1998; that the established schedule should be met. BOOK 43 Page 16330 03/16/98 6:00 P.M. BOOK 43 Page 16331 03/16/98 6:00 P.M. City Manager Sollenberger stated that the Administration will rise to the challenge. Vice Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0) : Cardamone, yes; Dupree, yes; Merrill, yes. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = ADMINISTRATION TO CONTACT JACK GRAHAM TO DETERMINE INTEREST IN BEING INVOLVED IN HARBOR MANAGEMENT: ADMINISTRATION TO OBTAIN APPROPRIATE PLAQUE FOR SIDEWALK AT ORCHARD PLACE; ADMINISTRATION TO REPORT ON SPEED LIMIT ON OSPREY AVENUE (AGENDA ITEM X) #3 (0265) through (0950) COMMISSIONER CARDAMONE: : A. stated that she and several guests had two very nice experiences watching the Cincinnati Reds play baseball at Ed Smith Sports Stadium; that the Manager and Assistant Manager were very attentive, informative, friendly, pleasant and should be commended; that both answered many questions from her guests. B. stated that a quick tour of the new golf cart barn and the new locker room at the Bobby Jones Golf Complex was received; that the areas have only been in use two weeks and neither is complete; however, both are beautiful; that the red brick front ties the very utilitarian buildings in well with the club house; that completing the project in the middle of the season has been difficult; that additionally, this season has had the most rain days since 1989 when the current Manager assumed his position; that rain days affect the bottom line; that the week cannot be extended due to a rain day nor can additional players be added to compensate for losses; that the restaurant, the pro shop, etc., are also affected. C. stated that moorage in Sarasota Bay and the derelict and unregistered boats were discussed recently with Mr. Jack Graham; that boats breaking lose from moorings can drift into the seawall or the docks; that one of her concerns during her five years on the Commission has been to clean up the Bay; that boats harboring in the Bay are appreciated; however, more significant management of the Bay is necessaryi and asked if the Administration could determine Mr. Graham's interest in becoming involved in the issue of overseeing the mooring of boats in Sarasota Bay. Vice Mayor Dupree stated that support is offered. Commissioner Merrill agreed; and stated that increasing the utilization of the area is one of his goals; that better facilities for boaters are envisioned; that the message should be conveyed that Sarasota welcomes boaters cruising Southwest Florida; that boaters can stop at Marina Jacks and walk up to Main Street; that identifying someone to take responsibility for the harbor and for enhancing the facilities is desirable. Commissioner Cardamone stated that the Commission's support is appreciated. D. stated that the new sidewalk at the Orchard Place apartment complex will be dedicated soon; that the sidewalk has been the subject of some unhappiness and unrest among the residents of Orchard Place for several years; that the sidewalk is complete, looks nice, and is recessed from the roadway providing a degree of safety; that the efforts of Pamela Dorwarth, Chairman of the Citizens with Disabilities Advisory Board, are the reason the sidewalk is completed; that a recognition plaque would be a fitting tribute to the Citizens with Disabilities Advisory Board and especially Ms. Dorwarth. City Manager Sollenberger stated that an appropriate plaque will be obtained. Commissioner Cardamone stated that the Orchard Place residents will appreciate the gesture. E. stated that a call was received concerning a recent accident at Osprey Avenue and Hyde Park Street; that her recollection is a 15 mile per hour (mph) speed limit was imposed through Southside Village when Phase I of the Southside Traffic Abatement Project was implemented; and asked if sO, why speed limit signs have not been installed and the speed limit is not being enforced. City Manager Sollenberger stated that his recollection is the speed limit was imposed on Hillview Avenue and not Osprey Avenue; that the record will be verified. Commissioner Cardamone stated that a report at a Commission meeting would be appreciated. City Manager Sollenberger stated that a report will be returned. BOOK 43 Page 16332 03/16/98 6:00 P.M. BOOK 43 Page 16333 03/16/98 6:00 P.M. Commissioner Cardamone stated that additional information concerning the accident in this congested area would be appreciated. John Lewis, Chief of Police, came before the Commission and stated that both vehicles involved in the accident were towed; that the westbound vehicle on Hyde Park Street stopped at the stop sign, pulled out into southbound traffic on Osprey Avenue and struck the other vehicle; that a similar accident occurred last week at Sixth Street and Central Avenue, although in that case, a vehicle ran a red light; that damage from such accidents is generally $2,000 to $3,000; that excess speed was probably not involved based on the preliminary information; that none of the four people in the two vehicles reported any injuries; that more people would have been injured if excess speed were involved. F. stated that the noise of fire trucks and ambulances on South Tamiami Trail in the vicinity of Bahia Vista Street and Waldemere Street at 3:15 and 5:00 a.m. is not understood; that the loud sirens wake up the entire neighborhood; that the problem was thought to be eliminated by requesting sirens only be used if traffic was on the road; that the neighborhood is quite large; that many residents are affected; that the loud sirens should be curbed while assuring the rescue personnel are kept safe. City Manager Sollenberger stated that the situation will be investigated. VICE MAYOR DUPREE: : A. stated that the newly Einished sidewalks at Dr. Martin Luther King, Jr., Way were defaced with names etched into the curbs and sidewalks from the Police Resource Center to Maple Avenue; that the young people who defaced the sidewalks threatened workers with the same action when the sidewalks are repaired; that Police Officers from the Police Resource Center investigated and recognized some of the names; that going through the effort to make the street more beautiful only to have the work destroyed by young people who are uncaring and inconsiderate is awful; that the destruction costs the City more money and the workers more time; that the workers were upset as the work had to be redone sO the workers could get paid; that the work is completed in the early evening, allowing the cement to dry overnight; that the vandalism occurs after the workers leave but before the cement dries; and asked who has responsibility for guarding the area? City Manager Sollenberger stated that the situation will be reviewed. Commissioner Cardamone stated that a punishment should be designed to fit the crime. B. stated that a Commission discussion on relieving the traffic congestion on St. Armands Circle would be beneficial; that traffic congestion exists in other areas, for example, Fruitville Road from U.S. 301 to Goodrich Avenue and at the Ringling Causeway Bridge; however, the greatest concern is the traffic congestion at St. Armands Circle; that evacuating the barrier islands in the event of a natural disaster would be difficult; that a means of achieving better traffic flow should be discussed. Commissioner Merrill asked if the traific congestion was at St. Armands Circle or leading towards it. Vice Mayor Dupree stated that the traffic congestion was at St. Armands Circle. Commissioner Merrill stated that the availability of any solution other than a by-pass is not known; that the proposal for road improvements to U.S. 41 at Gulf Stream Avenue will allow traffic to cross the Ringling Causeway Bridge faster and result in increased traffic at St. Armands Circle; that a decision concerning traffic congestion will have to be made; that the wisdom of adopting a traffic concurrency exemption area is questioned; that if adopted, people will still want something done about traffic; that solutions which can gain his support are not known. Commissioner Cardamone stated that traffic backs up from the angle parking west of St. Armands Circle and is paralyzed by one person backing out of an angle parking space; that angle parking increased the parking inventory on St. Armands Circle but may be driving a gridlock problem; that her interest is not eliminating parking but rather maximizing all available space; however, a review of the parking on St. Armands Circle may be necessary; that angle parking could be eliminated on one side of the street and parallel parking installed; that the bottleneck stops the flow of traffic to Lido Beach and impedes traffic around St. Armands Circle; that observations should be conducted. Vice Mayor Dupree stated that vehicles are continually stopping for the steady flow of pedestrians in the pedestrian lanes; that a positive resolution is not known. Commissioner Cardamone stated that pedestrians have the right of way and are very brave in walking in front of vehicular traffic. BOOK 43 Page 16334 03/16/98 6:00 P.M. BOOK 43 Page 16335 03/16/98 6:00 P.M. Commissioner Merrill stated that the right of way afforded pedestrians is one feature which makes St. Armands Circle sO nice; that St. Armands Circle is a great pedestrian area. Commissioner Cardamone agreed. 21. OTHER MATTERS/ADMINISTRATIVE OFFICERS - COMMISSION WORKSHOP ON CHARTER OFFICIAL EVALUATIONS WILL BE SCHEDULED FOR MARCH 26, 1998 (AGENDA ITEM XI) #3 (0950) through (1000) CITY AUDITOR AND CLERK ROBINSON: : A. stated that the Historic Preservation Board has an opening for a seat designated for an engineer or a licensed contractor; that difficulty has been encountered in identifying qualified applicants; that the Commission is requested to have interested applicants call for an application. Commissioner Cardamone stated that all the Historic Preservation Board seats but one are designated for applicants with technical expertise; that the one exception is a seat designated for a citizen-at-large; that some major issues will be presented to the Historic Preservation Board in the near future; and asked if the technical requirements could be eliminated and one seat could be designated for a neighborhood resident. Commissioner Merrill stated that support is offered for no seat designations; that the wisdom of the Commission should be the guiding factor; that a decision should not be forced on the Commission by an ordinance adopted by a previous Commission. Commissioner Cardamone stated that the Commission can achieve balance on advisory boards without seat designations. City Auditor and Clerk Robinson stated that identifying technically qualified applicants who are also City residents is difficult. Commissioner Cardamone asked the seat designations for the Historic Preservation Board? City Auditor and Clerk Robinson stated that the seat designations are: an historian or archaeologist, two architects, a contractor or engineer, an individual from the business or financial community, a member of the Florida Bar Association, and a member of the community at large. Commissioner Cardamone stated that neighbors' attitudes as well as the technical requirements of historical designations should be considered; and asked how the seat designations can be changed? City Auditor and Clerk Robinson stated that an ordinance amending the ordinance creating the Historical Preservation Board would be required. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to refer consideration of removing half of the seat designations for the Historical Preservation to the City Auditor and Clerk. Motion carried unanimously: (3 to 0) : Cardamone, yes; Merrill, yes; Dupree, yes. B. stated that a special Commission meeting is scheduled for March 26, 1998, concerning the Financial Sustainability Study. City Manager Sollenberger stated that the meeting is scheduled from 3:00 to 6:00 p.m. Commissioner Cardamone asked when the workshop meeting concerning Charter Officials' Evaluations is scheduled? City Manager Sollenberger stated the workshop meeting could be scheduled immediately following the March 26, 1998, special Commission meeting. Vice Mayor Dupree stated that there is a consensus of the Commission to hold the workshop meeting immediately following the March 26, 1998, special Commission meeting. 22. ADJOURN (AGENDA ITEM XII) #3 (1000) There being no Eurther business, Vice Mayor Dupree adjourned the regular meeting of March 16, 1998, at 9:43 p.m. biame M hiphue JEROME DUPREEL, VICE MAYOR UTA ATTEST: sT Beck Rabes a 1 BILLY EC ROBINSON, CITY AUDITOR AND CLERK BOOK 43 Page 16336 03/16/98 6:00 P.M.