MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 16, 1996, AT 6:00 P.M. PRESENT: Mayor Mollie Cardamone, Vice Mayor Gene Pillot (arrived 6:25 p.m.), Commissioners Jerome Dupree, David Merrill, and Nora Patterson, Deputy city Manager Peter Schneider, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Mollie Cardamone The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH, NOVEMBER 1996, RAFAEL PEREZ, SENIOR PLANT OPERATOR, PUBLIC WORKS DEPARTMENT, UTILITIES DIVISION #1 (0049) through (0109) Deputy City Manager Schneider requested that William Hallisey, Facilities Operations Manager, and Rafael Perez, Senior Plant Operator, Public Works Department, come before the Commission. Mr. Hallisey stated that Mr. Perez has worked for the City for eight years progressing from trainee to Senior Plant Operator at the Water Treatment Plant; that Mr. Perez recently participated in landscaping the front of the Water Treatment Plan which greatly improved the appearance of the highly visible facility; that Mr. Perez is. a conscientious worker and a caring individual on and off the job; that Mr. Perez and his wife, Debby, who has also been honored as a City Employee of the Month, are active volunteers with the Big Brothers and Big Sisters of Sarasota, Inc. organization. Mayor Cardamone presented Mr. Perez with a City-logo watch, a plaque, and a certificate as the November 1996 Employee of the Month in appreciation of his unique pertormance with the City of Sarasota; and congratulated him for his outstanding efforts. 2. ADOPTION RE: MEMORIAL RESOLUTION NO. 97R-952, RECOGNIZING THE PASSING OF WILLIAM L. CARMAN, JR.. LONGTIME RESIDENT AND BUSINESSMAN OF THE CITY OF SARASOTA; ETC. #1 (0111) through (0235) Book 40 Page 13938 12/16/96 6:00 P.M. Book 40 Page 13939 12/16/96 6:00 P.M. Mayor Cardamone requested that Bill Carman, William Carman, Jr.'s son, join her before the Commission. Mayor Cardamone stated that the City of Sarasota Memorial Resolution No. 96R-952 recognizes the passing of William L. Carman, Jr., a longtime resident and businessman of the City of Sarasota whose death is a distinct loss to his family and friends. Mayor Cardamone read Memorial Resolution No. 96R-952 in its entirety, listing Mr. Carman's accomplishments such as founding Carman's Shoes on St. Armands Circle, filling an unexpired term on the City Commission, and serving on the Planning Board/Local Planning Agency, the Board of Adjustment, and as President of the St. Armands Circle Association. Mayor Cardamone expressed the Commission's condolences, and presented the Memorial Resolution plaque to Mr. Carman's son, Bill. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to adopt Memorial Resolution No. 96R-952. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. 3. PRESENTATION RE: PROCLAMATION TO DECLARE DECEMBER 19, 1996, MAYOR JOHN L. EARLY DAY IN RECOGNITION OF HIS 1001k BIRTHDAY #1 (0248) through (0358) Mayor Cardamone requested that former Mayor John Early and his son, Charles Early join her before the Commission. Mayor Cardamone read in its entirety the City of Sarasota Proclamation which declared December 19, 1996, as "Mayor John L. Early Day,' . recognizing the significant and important role played by former Mayor Early whose accomplishments included serving three terms in the State Legislature, six years as a school trustee, an appointment as the first Municipal Judge of Sarasota, and service as Mayor of Sarasota from 1951 through 1953 Mayor Cardamone thanked former Mayor Early for his contributions and presented him with the Proclamation. 4. PRESENTATION RE: TOPICS OF INTEREST AND CURRENT EVENTS OF PARTICULAR CONCERN TO THE RESIDENTS OF THE CITY OF SARASOTA (POSTPONED TO THE JANUARY 6, 1996, REGULAR COMMISSION MEETING) 5. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0421) through ( 0446) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Move Consent Agenda No. 1, Item No. IIIA-4, and place under New Business as Item No. VIII-3, and replace wit the attached Agenda Request and backup material concerning the bid protest by LandTech Environmental Services on the award of bid to Horticultural Industries, Inc. for Bayfront Landscape Maintenance, per the request of Deputy City Manager Schneider. B. Remove Consent Agenda No. 1, Item No. III A-2, Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the Amendment to the Concession License at Bobby Jones Golf Complex between the City of Sarasota, and Robert L. Nani and Lawrence A. Beane for the Tavern on the Green per the request of Deputy City Manager Schneider. On motion of Commissioner Dupree and second of Commissioner Patterson, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Cardamone, yes. 6. APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF DECEMBER 2, 1996 = APPROVED (AGENDA ITEM I) #1 (0447) through (0475) Mayor Cardamone asked if the Commission had any changes to the minutes. Commissioner Patterson stated that minor revisions are, required in the third and fourth paragraphs on Page 30; that in Paragraph 3, the third sentènce should read as follows: "...the millage which results in a financial responsibility for which the citizens have voted"; that the word "City" in the third sentence of the last paragraph should be changed to "Cities." Mayor Cardamone stated that hearing no other changes, the minutes, with revisions, of the regular City Commission meeting of December 2, 1996, are approved by unanimous consent. 7. BOARD ACTIONS: REPORT RE: ADVANCED REPORT OF THE PLANNING BOARD/LOCAL PLANNING AGENCY'S (PBLP) REGULAR MEETING OF DECEMBER 4, 1996, CONCERNING PETITION NO. 97-SE-01, MOTE BOAT TOURS = AFFIRMED PBLP RESOLUTION APPROVING SPECIAL Book 40 Page 13940 12/16/96 6:00 P.M. Book 40 Page 13941 12/16/96 6:00 P.M. EXCEPTION PETITION NO. 97-SE-01 (MOTE MARINE 48-PASSENGER SIGHF-SEEING BOAT) (AGENDA ITEM II-1) #1 (0478) through (0589) Jane Robinson, Director of Planning and Development, and Robert Lindsay, Chairman of the Planning Board/Public Planning Agency (PBLP) came before the Commission. Mr. Lindsay presented the following item from the December 4, 1996, Planning Board/Local Planning Agency's regular meeting: A. Special Exception Petition 97-SE-01 (Mote Marine 48-Passenger Sight-Seeing Boat) Mr. Lindsay stated that this is a request for a special exception to permit the operation of a 48-passenger sight-seeing boat in the Marine Park (MP) Zone District; that the boat will be moored at an existing dock located adjacent to Mote Marine Laboratory at 1600 Ken Thompson Park; that the PBLP recommends deleting the restriction on hours of operation; that the dock is located far from any residential dwelling and legitimate, educational reasons exist to allow the boat to set out early in the morning or late at night; that the PBLP recommends Commission affirmation of the PBLP Resolution approving the Special Exception subject to: 1) one 48-passenger sight-seeing boat for the ongoing educational activities of the Mote Marine Laboratory and 2) a revocation clause if the petitioner violates the conditions of the Special Exception. Deputy City Manager Schneider stated that the word "nature" should be inserted in Section 1 of the Resolution, revising the text to read: "educational nature tours" to clarify the intent of the operation. Deputy City Manager Schneider continued that the Administration recommends affirming the PBLP resolution. On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved to affirm the PBLP approval of Petition No. 97-SE-01 with the language revision suggested by Deputy City Manager Schneider. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Cardamone, yes. 8. BOARD ACTIONS: REPORT RE: SARASOTA HOUSING AUTHORITY BOARD STATUS REPORT: RECEIVED (AGENDA ITEM II-2) #1 (0590) through (0887) Gary Hoyt, Chairman, Sarasota Housing Authority Board, and Rhonda Pierce, Executive Director, Sarasota Housing Authority, came before the Commission. Mr. Hoyt stated that the members of the Sarasota Housing Authority Board are Vice Chairman Jane Grossman, and Members Leon Campbell, Jack Conway, Dannie Frazier, Diane Olivieri, and Laurae Malone. Vice Mayor Pillot arrived at 6:25 p.m. Mr. Hoyt continued that the Sarasota Housing Authority Board has instituted a committee system to help Board members focus on specific problems; that Ms. Grossman addresses personnel issues, Mr. Frazier directs tenant initiatives, and Jack Conway reviews matters of finance; that the Board has approved Ms. Pierce's reorganization plan which allows the Executive Director to fulfill the requirements of her role while leaving general issues to the Board. Ms. Pierce stated that Kevin Marchman, Assistant Deputy Secretary of the Department of Housing and Urban Development (HUD), and organizer of the HUD Task Force, designated the Sarasota Housing Authority as a "troubled agency"; that the Task Force provided the board with a list of goals scheduled for review on March 31, 1997, including vacancy reduction, a relocation plan, revisions to admissions and occupancy policy, and revised accounting methods. Mr. Hoyt stated that the Sarasota Housing Authority Board desires a closer relationship with other social service agencies such as Girls Incorporated and the Boys and Girls Club of Sarasota; that the Board welcomes other groups interested in forming teams to solve the community's problems; that thanks are expressed to the Commissioners, the Mayor and City Auditor and Clerk Robinson for their help; that Staff input, particularly from City Auditor and Clerk Robinson has provided invaluable expertise; that the Board has made significant progress in the last few months. Mayor Cardamone stated that the Sarasota Housing Authority Board has the capacity to improve conditions for the residents of public housing; that the new Board members are providing additional energy; that the newly-formed public housing neighborhood associations involve residents in positive efforts to improve their own community; that she recently met with the HUD Task Force; that the Board is requested to provide a copy of the list of recommendations made by the HUD Task Force. 9. REPORT RE: REPORT OF THE ROSEMARY DISTRICT REDEVELOPMENT ADVISORY BOARD'S REGULAR MEETING OF NOVEMBER 12, 1996 = RECEIVED: REFERRED ISSUES TO ADMINISTRATION. FOR A REPORT BACK (AGENDA ITEM II-3) #1 (0887) through (1325) Book 40 Page 13942 12/16/96 6:00 P.M. Book 40 Page 13943 12/16/96 6:00 P.M. Donald Hadsell, Director of Housing and Community Development, and Danny Bilyeu, Chairman and Roy Smith, Member, of the Rosemary District Redevelopment Advisory Board, came before the Commission. Mr. Bilyeu presented the following items from the November 12, 1996, Rosemary District Redevelopment Advisory Board's regular meeting: A. Colson Hotel Mr. Bilyeu stated that the Board recommends the issue of acquiring the Colson Hotel, located at 1425 Eight Street, be referred to the Administration; that the City should purchase and renovate blighted buildings in the Rosemary District; that seven new businesses will open in the Rosemary District by the end of the year; that the Community Redevelopment Agency should be used to enhance the City's redevelopment efforts. Mr. Smith stated that thanks are expressed to the Commission for establishing the Rosemary District Redevelopment Advisory Board; that active and committed Board members are determined to produce positive results in the neighborhood; that Central Avenue has improved greatly and a recent article in the Sarasota Herald- Tribune provided welcomed publicity. Deputy City Manager Schneider stated that the Administration recommends referring the issue of acquiring the Colson Hotel to the Administration for further study. On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. B. Sale of City-owned Property at Tenth Street and Central Avenue for Supermarket Use Mr. Bilyeu stated that the Board recommends that Board Member Roy Smith be authorized to contact Publix Supermarkets to negotiate the sale of the City-owned property located at Tenth Street and Central Avenue for a Publix Supermarket. Deputy City Manager Schneider stated that the Administration recommends referring the matter to the Administration and directing Staff to conduct negotiations with Publix Supermarket, keeping the Rosemary District Redevelopment Advisory Board informed of the progress. Vice Mayor Pillot stated that the City should not restrict contracts to a specific supermarket chain. Deputy City Manager Schneider stated that the City will pursue negotiations with more than one supermarket chain. Commissioner Patterson asked if the issue will be referred to the Administration for further study? Deputy City Manager Schneider stated that the Administration would contact major supermarket chains and attempt to stimulate interest with the assistance of the Rosemary District Redevelopment Advisory Board. Commissioner Patterson stated that the Administration should report back to the Commission before beginning any negotiations. On motion of Commissioner Dupree and second of Commissioner Patterson, it was moved to refer the issue to the Administration for a report back to the Commission prior to initiating negotiations, and keeping the Rosemary District Redevelopment Advisory Board apprised of any progress. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. C. Coastal Recovery Mr. Bilyeu stated that the Rosemary District Redevelopment Advisory Board supports Coastal Recovery's proposal to acquire a parcel located at Tenth Street and Orange Avenue; that the City will maintain the right of first refusal if the property is placed for sale in the future; that the Board asked Coastal Recovery if they would pay the price paid by the City for the parcel; however, it was reported that the price is too high. Deputy City Manager Schneider stated that the Administration recommends referring the issue to the Administration to determine if the property should be sold. On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to approve the Administration's recommendation. Commissioner Patterson stated that acreage sold to Coastal Recovery should be limited to the land currently being leased by the organization; that no additional Tenth Street property should be offered to Coastal Recoveryi that Coastal Recovery may agree to pay the City a portion of the property's original purchase price based on the amount of property occupied by the facility; however, the City currently exercises complete control over the Book 40 Page 13944 12/16/96 6:00 P.M. Book 40 Page 13945 12/16/96 6:00 P.M. use of the property and should continue to retain control over the use. Mayor Cardamone called for a vote on the motion to refer the issue to the Administration to determine if the property should be sold to Coastal Recovery. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Mr. Bilyeu stated that expertise provided by Board members and Staff has helped the Board achieve many of the goals listed on the Conceptual Analysis, a listing of goals provided by the City two years ago. Vice Mayor Pillot stated that Mr. Bilyeu's leadership has contributed greatly to the success of the redevelopment of the Rosemary District. 10. CONSENT AGENDA NO. 1: ITEM NOS. 1, 3, 5 AND 6 - APPROVED; ITEM NO. 4 MOVED TO NEW BUSINESS, ITEM NO. VIII-3; ITEM NO. 2 REMOVED (AGENDA ITEM III-A) #1 (1327) through (1444) 1. Approval Re: New Pass Bait Shop new base rental rate of $561.00 per month 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Cooperative Funding Agreement between the Southwest Florida Water Management District and the City of Sarasota, Florida, for the Southside Village Reuse Project (P720) 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Thoroughbred Motors, Inc. for property located at 3660 North Washington Boulevard (Site 4-1) 6. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract to Shirley Land Development, Inc. Bradenton, Florida, (Bid #97-10) in the amount of $194,632.50 for Newtown Heights water lines improvements Deputy City Manager Schneider stated that the Item No. 1 should be changed to reflect a rental rate of $560 per month. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve Consent Agenda No. 1, Items 1, 3, 5 and 6. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 11. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 97R-946) - ADOPTED; ITEM 2 (RESOLUTION NO. 97R-949) - ADOPTED; ITEM 3 (RESOLUTION NO. 97R-950) - ADOPTED; ITEM 4 (RESOLUTION NO. 97R-951) = ADOPTED; ITEM 5 (ORDINANCE NO. 97-3968) - ADOPTED; ITEM 6 (ORDINANCE NO. 97-3969) - ADOPTED; AND ITEM 7 (ORDINANCE NO. 97-3970) - ADOPTED; ITEM 8 (ORDINANCE NO. 97-3973) - ADOPTED; ITEM 9 (ORDINANCE NO. 97-3974) - ADOPTED (AGENDA ITEM III-B) #1 (1449) through (1648) Commissioner Patterson requested that Item No. 1 be removed for discussion. 2. Adoption Re: Proposed Resolution No. 97R-949, finding that it is necessary to obtain certain real property by purchase or by condemnation to provide for necessary improvements to the quality of stormwater control and treatment so as to improve the quality of stormwater run-off, thereby improving the water quality in Sarasota Bay, and to improve stormwater drainage so as to reduce or alleviate flooding; authorizing the purchase or condemnation - of the real property herein described; etc. (Title Only) 3. Adoption Re: Proposed Resolution No. 97R-950, appropriating $9,585.36 from the Special Law Enforcement Trust Fund (Forfeitures) to purchase eighteen (18) replacement SWAT barricade vests; etc. 4. Adoption Re: Proposed Resolution No. 97R-951, to establish and appoint members to an Ad Hoc Task Force to review past expenditures of Local Option Sales Tax revenues and to comment on potential future uses, and to meet with similar task forces throughout the county for the same purposes on a County wide basis; etc. (Title Only) 5. Adoption Re: Second reading of proposed Ordinance No. 97-3968, annexing certain real property lying contiguous to the City limits into the corporate limits of the City of Sarasota; said real property being generally described as south of Bay Road/Bee Ridge Road on both the east and west sides of South Tamiami Trail (U.S. 41), consisting of approximately sixty (60) acres M.O.L., as more particularly described herein; etc. (Title Only) (Petition No. 97-ANX-01, Petitioner City of Sarasota) Book 40 Page 13946 12/16/96 6:00 P.M. Book 40 Page 13947 12/16/96 6:00 P.M. 6. Adoption Re: Second reading of proposed Ordinance No. 97-3969, amending Chapter 37, Water and Sewers, Article IV, Use of Reclaimed Water, by incorporating therein by reference the Cross Connection Control Manual for reclaimed water sites; providing certain new definitions; renumbering sections; prohibiting cross connections with potable water systems; repealing ordinances in conflict; etc. (Title Only) 7. Adoption Re: Second reading of proposed Ordinance No. 97-3970, to vacate an alley that runs east and west between First Street on the south, Second Street on the north, bounded by Central Avenue on the east and Pineapple Avenue on the west; more particularly described herein; etc. (Title Only) (Petition No. 97-SV- 01, Petitioners Joel J. Freedman, A.I.C.P. and Gary B. Hoyt, A.I.A. PA, representing Sarasota County) 8. Adoption Re: Second reading of proposed Ordinance No. 97-3973, to approve an amendment to Ordinance Nos. 90- 3434 and 95-3845 pertaining to the rezoning of the subject site to the Theater and Arts (TAD) Zone District; said amendment consists of a proposed change of land use to the front (westerly) structure for Retail Men's Wear/Women's Wear Store, amendment of conditions, and substitutions of Development Plan Petition 96-DPR-07; approving said Development Plan 96- DPR-07 to permit the remodeling and expansion of an existing structure of a portion of real property located on the southeast corner of North Tamiami Trail (U.S. 41) and 4th Street for a Retail Men's Wear/Women's Wear Store in a TAD Zone District; with a street address of 332 North Tamiami Trail, Sarasota, Florida; more particularly described herein; etc. (Title Only) (Petition Nos. 96-CO-07 & 96-DPR-07, Petitioner Steven D. Rees, Esquire, representing Olivia Higgins) 9. Adoption Re: Second reading of proposed Ordinance No. 97-3974, to conditionally rezone from C-CBD Zone District to Governmental (G) Zone District and to approve Final Site and Development Plan 97-PSD-03 to permit the construction of a new Public Library in a Governmental (G) Zone District on the real property lying between First Street to the south, Second Street to the north, Central Avenue to the east and Pineapple Avenue to the west, with a street address of 1331 First Street, Sarasota, Florida; more particularly described herein; etc. (Title Only) (Petition No. 97-CO-02, Petitioners Joel J. Freedman, A.I.C.P. and Gary B. Hoyt, A.I.A. PA, representing Sarasota County) City Auditor and Clerk Robinson read proposed Resolution No. 97R-950 in its entirety, and Resolution Nos. 97R-949, 97R-951, and Ordinance Nos. 97-3968, 97-3969, 97-3970, 97-3973, and 97-3974 by title only. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to adopt Consent Agenda No. 2, Item Nos. 2 through 9, inclusive. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 1. Adoption Re: Proposed Resolution No. 97R-946, subordinating the city's utility interests pertaining to certain lands to the Florida Department of Transportation for the purpose of constructing or improving State Road No. 758 (Bay Road); etc. (Title Only) Commissioner Patterson stated that an explanation is requested. Dennis Daughters, Director of Engineering, came before the Commission and stated that at the November 4, 1996, regular Commission meeting, the Commission approved the agreement which subordinates to the Florida Department of Transpiration (FDOT) an easement currently held by the City; that FDOT requires a resolution authorizing the Mayor to sign the agreement; that the signature requirement was not included at the previous meeting; that proposed Resolution No. 97R-946 authorizes the Mayor to sign the agreement. Commissioner Patterson asked the nature of the agreement? Mr. Daughters stated that the agreement gives FDOT rights to a utility easement currently held by the City along the south side of the Paradise Plaza on Bay Road; that the new easement is on top of a pre-existing easement for a sidewalk; that FDOT wants control of all easements on State property. Commissioner Patterson asked the effect on the City's future utility expansions? Mr. Daughters stated that utility expansions on the property will be handled in the same manner as any other City utility in an FDOT right-of-way; that the City has the right to locate utilities in that right-of-way whenever necessary. City Auditor and Clerk Robinson read proposed Resolution 97R-946 by title only. Book 40 Page 13948 12/16/96 6:00 P.M. 1 an - Book 40 Page 13949 12/16/96 6:00 P.M. On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved to adopt Consent Agenda No. 2, Item No. 1. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes. Mayor Cardamone requested 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. 12. PUBLIC HEARING RE: LOCAL LAW ENFORCEMENT BLOCK GRANT #96- LB-VX-1941 AWARDED TO THE CITY OF SARASOTA, IN THE AMOUNT OF $210,958 FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, TO PROVIDE A $100,000 CONTRIBUTION TOWARD DRUG COURT AND $110,958 TOWARD HIRING AND EQUIPPING AN ADDITIONAL POLICE OFFICER FOR A PERIOD OF TWO-YEARS (AGENDA ITEM IV-1) #1 (1645) through (3477) Chief Circuit Judge Andrew Owens, Jr. and Paul Sutton, Lieutenant, Police Department, City of Sarasota, came before the Commission. Lieutenant Sutton stated that the City has been awarded a Law Enforcement Block Grant for $210,958 from the United States Department of Justice, Bureau of Justice Assistance; that funding from this Grant provides a $100,000 contribution to Drug Court, and $110,958 toward a pilot program for the Family Resource Officer's program; that the Omnibus Fiscal Year 1996 Appropriations Act, Public Law 104-134 has provided $503 million for the implementation of the Local Law Enforcement Block Grants Program, to be administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice; that the BJA has approved the City's application for funding under the Local Law Enforcement Block Grants Program in the amount of $210,958. Lieutenant Sutton continued that the Federal funds provided under a grant for the Local Law Enforcement Block Grants Program may not exceed 90 percent of the total cost of a program; that local funds in the amount of $23,440 must be added to the $210,958 in Federal funds bringing the total funding to $234,398; that the City will designate $100,000 for Drug Court, and $134,398 for hiring and equipping an additional police officer. Lieutenant Sutton further stated that Drug Court, a special court designed to intervene in cases thought to be caused by the defendant's drug addiction, was established by Judge Owens; that Drug Court has the authority to require treatment, including residential treatment, drug counseling, and mandatory drug testing three times per week; that successful completion of the drug court program will result in the charges being dismissed; that this program will be offered initially to persons arrested for possession of drugs, and may evolve to include non-violent persons arrested for a crime committed to support a drug habit. Lieutenant Sutton stated further that an additional police officer will be hired with the remainder of the funds; that the police officer will be assigned to develop and implement a pilot program for the Family Resource Officer Program; that the Program will base a full-time Sarasota Police Officer in Tuttle Elementary School; that the police officer will initiate a program incorporating prevention, problem-solving strategies and family intervention to identify and prevent at-risk children from entering the criminal justice system; that this grant will fund the police officer's salary and benefits for a two-year period. Commissioner Dupree asked why Tuttle Elementary school was chosen? Lieutenant Sutton stated that the Police Department conducted a survey of faculties in all City elementary schools in conjunction with the Sarasota County School Board; that the survey identified Tuttle Elementary School as the school in greatest need; that family income, the percentage of parents graduated from high school, and the number of children requiring assistance from the school-lunch program are some of the criteria used; that Tuttle Elementary School was selected as the most appropriate school for the Program in the entire County. Commissioner Patterson stated that residency statistics for all elementary schools in the City should be provided to the Commission; and asked the percentage of students at Tuttle Elementary School who live in the City? Lieutenant Sutton stated that that figure is not known; that intervention should occur at the earliest possible age; that School Resource Officers have accomplished tremendous results in the Middle and High Schools; however, reaching children at an earlier age would produce greater successes; that four police officers, previously Drug Abuse Resistance Education D.A.R.E. Officers, are in training for certification as School Resource Officers; that the overwhelming majority of the students at Book 40 Page 13950 12/16/96 6:00 P.M. Book 40 Page 13951 12/16/96 6:00 P.M. Tuttle Elementary School live in the City; that exact enrollment statistics will be provided to the Commission. Commissioner Merrill stated that the greatest number of at-risk children in the City attend Tuttle Elementary School; that home buyers interested in purchasing property in the Tuttle Elementary School district discover the problems existing among the children attending the school; that the Family Resources Officer's Program will help address the needs of the children and could improve the image of the student population located in the district; that the improvements may change the perception of the general public and make the neighborhood a desirable place to live. Mayor Cardamone stated that Tuttle Elementary School is scheduled for a major renovation; that traffic traveling through the neighborhood will encounter a school with an improved image. Deputy City Manager Schneider stated that the Administration recommends opening the public hearing to allow persons an opportunity to provide written and oral views regarding this grant. Mayor Cardamone opened the public hearing. The following people came before the Commission: Edward Harding, 2155 Wood Street (34237), stated that the purpose of the Family Resource Officer Program is stopping the flow of drugs in the City, that one year ago, the Commission was given a voluminous amount of material regarding a drug program which significantly reduced the drug problem in Elgin, Illinois; that landlords are prohibited from renting property to tenants that are prosecuted and found guilty of drug trafficking; that treatment of crack babies costs $100,000 per month; that the City should provide half-way houses for people with drug habits; that court-mandated treatment will not work; that treatment of individuals with drug and alcohol problems requires an investment of time. Commissioner Dupree stated that he read the material regarding Elgin, Illinois; and asked if the current rate of drug use in Elgin was known? Mr. Harding stated that the Chief of Police of Elgin was contacted nine months ago; that the same program has been adopted by Madison, Wisconsin and other Midwestern cities. Commissioner Dupree stated that Elgin continues to experience problems with drug users. Mr. Harding stated that Elgin may not be totally free of drugs; however, five crack houses are known to exist in one Sarasota neighborhood; that the spread of AIDS must be stopped; that crack babies will never be able to earn a living. Dorothy Clark, 1521 23rd Street (34834), stated that she is President of the Leon Avenue Neighborhood Watch Association; that Tuttle Elementary School currently has a police officer on duty; that the money from the grant should be spent to train police officers for street duty; that equipment currently available should be sufficient for police officers in the elementary schools. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. Judge Owens and Lieutenant Sutton returned before the Commission. Lieutenant Sutton stated that drug and alcohol dependency incurs tremendous expenses; that investing in the children in the community is the best prevention program; that Officer Dennis Bowers, who has been committed to the program at Tuttle Elementary School, will receive specialized training; that the Local Law Enforcement Block Grant provides funds to hire a police officer to replace Officer Bowers' regular duties; that the new police officer will bring the number of staff up to 193 sworn police officers only one of whom is assigned to a school; that the number of police officers on the street will not be reduced Commissioner Patterson asked if Officer Bowers is currently assigned to Tuttle Elementary? Lieutenant Sutton stated yes; that Officer Bowers has been working at Tuttle Elementary School since Senator Graham's office notified the Police Department of the grant award; that Officer Bowers has taught D.A.R.E. one day per week at the school for the past five years; that no police officer was assigned to the school full-time) prior to notification of the grant award. Commissioner Patterson asked the nature of the proposed equipment purchases? Lieutenant Sutton stated that standard police equipment will be purchased; that the equipment, purchased with the grant money, is intended for the new police officer. Mayor Cardamone asked if the Local Law Entorcement Block Grant money can only be used in the school setting? Book 40 Page 13952 12/16/96 6:00 P.M. Book 40 Page 13953 12/16/96 6:00 P.M. Lieutenant Sutton stated no; that the money can be used to hire an additional officer not assigned to a school; that improving school safety is one of the listed goals required for eligibility for the Local Law Enforcement Block Grant; that the City requested the funds to hire a police officer to replace Officer Bowers who will be assigned to improve school security and deter juvenile crime; that the Family Resource Officer Program received a high recommendation for funding from the Juvenile Justice Counsel. Judge Owens stated that drugs, like any commodity, are marketed according to supply and demand; that although law enforcement attempts to stem the supply, Drug Court is an attempt to discourage the demand; that the Local Law Enforcement Block Grant provides an opportunity to impact individuals desiring to change a drug-centered lifestyle; that one individual, who is 50 years old and has spent 20 years in prison, participated in a court- mandated drug program which enabled him to find a job and buy a car; that Drug Court has the potential to produce a real benefit to all citizens in Sarasota County. Commissioner Dupree asked how the program's results would be monitored? Lieutenant Sutton stated that truancy prevention, implementation of in-school suspensions, training and cultural sensitivity, conflict resolution, peer mediation, parenting workshops, drug awareness, weapon and gun education and gang education will be implemented through the program; that measurable results will be monitored; that the Police Department will conduct a follow-up survey to determine the number of conflicts resolved and to compare pre-program conditions with after-program results. Mayor Cardamone stated that the elementary school program should have been funded years ago; that elementary school teachers can identify patterns of behavior in children which will eventually be resolved in court or jail; that the Family Resource Officer Program can impact children's lives forty years in the future. Commissioner Patterson asked if similar programs are planned in County elementary schools? Lieutenant Sutton stated that although the County is aware of the program, no similar plan is scheduled for County elementary schools; that the County may be positively influenced once the results of the City program are known. Commissioner Patterson stated that contact with police officers can produce enormous benefits for elementary school children; however, funding is limited; that satisfactory performance data will convince the City to continue the program after the Local Law Enforcement Block Grant expires; that School Resource Officers are all funded from the City budget; that this program is another step in the City's financing more of both the City's and the County's social programs; however, the program should not be denied on the basis of cost. Judge Owens stated that the Family Rescue Officer's Program will be cost-effective in the long-run for the City and far less expensive than costs incurred by children who commit crimes as adults; that if the program is successful, the City should allocate funding to expand the program to the other three elementary schools. Lieutenant Sutton stated that the Federal grant is allocated for two years; that the Police Department. decided to implement a two- year Family Resource Officer's Program in one school rather than a one-year program for two schools as two years will provide measurable results; that the City may find funding in the budget for all four elementary schools if the program is successful. Mayor Cardamone stated that the program will be so successful that City taxpayers will be provided relief when the County decides to implement the program as well. Vice Mayor Pillot stated that the community has implemented many programs in the school system to prevent crime; however, prevention is not perfect; that the Drug Court program, initiated by Judge Owens, will provide help for individuals who were not prevented at an early age from using drugs. Judge Owens stated that the Drug Court program is a team effort; that the State Attorney, the Public Defender, and Law Enforcement all deserve credit. 13. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3979, TO CONDITIONALLY REZONE FROM RMF-5 ZONE DISTRICT TO CRT ZONE DISTRICT AND TO APPROVE FINAL DEVELOPMENT PLAN 97-DPR-06 TO PERMIT THE REMODELING OF AN EXISTING STRUCTURE FOR RESIDENTIAL AND OFFICE/PROFI ESSIONAL USE IN THE CRT ZONE DISTRICT ON REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF COCOANUT AVENUE AND 41 TH STREET, WITH A STREET ADDRESS OF 332 COCOANUT AVENUE, SARASOTA, FLORIDA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 96-CO-06 AND DEVELOPMENT PLAN 96-DPR-06, PETITIONERS LAARA K. LONDIR & JUNG S. O'CASIO)- PASSED ON FIRST READING (AGENDA ITEM IV-2) #1 (3479) through (3794) Jane Robinson, Director of Planning and Development, came before the Commission and stated that Petition No. 96-CO-06 is a request Book 40 Page 13954 12/16/96 6:00 P.M. Book 40 Page 13955 12/16/96 6:00 P.M. to conditionally rezone from the Residential, Multiple-Family (RMF-5) Zone District to the Commercial Residential Transition (CRT) Zone District, the parcel located at 332 North Cocoanut Avenue; that in conjunction with this conditional rezoning petition, Development Plan 96-DPR-06 has been filed to permit the renovation of the structure and site to follow for an office on the first floor and a residential unit on the second floor; that at the November 6, 1996, Planning Board/Local Planning Agency (PBLP) regular meeting, the PBLP found proposed Conditional Rezoning Petition No. 96-CO-06 and Development Plan 96-DPR-06 consistent with the Sarasota City Plan and the City's Tree Protection Ordinance, and recommended approval of both petitions subject to incorporating an access path from the Cocoanut Avenue sidewalk to the reception area entry porch on the south side of the building. Frank Smith, Architect, and Laura Londir, Petitioner, representing Jung S. O'Casio, Property Owner, came before the Commission. Mr. Smith stated that this property is ideal for the Commercial, Residential Transition (CRT) Zone District; that the property, in a derelict condition for years, is located on a pedestrian route which is expected to gain importance when the Mission Harbor property is developed. Ms. Londir stated that the property will be restored as the most attractive facility on the block; that the renovation will be modeled after an existing structure on Osprey Avenue in Laurel Park which has maintained a traditional appearance. Deputy city Manager Schneider stated that the Administration recommends passing proposed Ordinance No. 96-3979 on first reading. City Auditor and Clerk Robinson read proposed Ordinance 96-3979 by title only. On motion of Commissioner Dupree and second of Vice Mayor Pillot, it was moved to approve the Administration's recommendation. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes. 14. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3982, AMENDING ARTICLE VIII, DIVISION 27 OF THE ZONING CODE PERTAINING TO THE DISTRICT REGULATIONS FOR THE COMMERCIAL BUBINE8S-NEHTOHN (CBN) ZONE DISTRICT; DELETING RESTRICTIONS ON THE HOURS OF OPERATION FOR PERMITTED PRINCIPAL USES AND STRUCTURES AND FOR USES PERMISSIBLE BY SPECIAL EXCEPTION; AMENDING THE PERMITTED PRINCIPAL USES AND STRUCTURES TO ALLOW EXISTING RESIDENTIAL DWELLING UNITS WITHOUT THE REQUIREMENT THEY BE LOCATED ABOVE THE FIRST FLOOR OF A STRUCTURE; REVISING THE MINIMUM YARD REQUIREMENTS; SETTING FORTH FINDINGS; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) - PASSED ON FIRST READING AMENDED FOR MANDATORY CITY-PAID REZONINGS WITH RESTRICTED HOURS OF OPERATIONS DESIGNATING 2:00 A.M. AS THE CLOSING TIME AND EXEMPTING EMERGENCY CARE FACILITIES. FUNERAL HOMES, AND CHURCHES FROM RESTRICTIONS (AGENDA ITEM IV-3) #1 (3795) through #3 (0388) Jane Robinson, Director of Planning and Development, came before the Commission and stated that on October 2, 1996, the Planning Board/Local Planning Agency (PBLP) recommended approval of the following amendments to the Zoning Code relating to the Commercial Business-Neytown (CBN) Zone District: 1. Existing ground floor residential units in the CBN Zone District will be permitted. 2. Restrictions will be eliminated on hours of % operation for all uses, except for open-air dining in connection with restaurants when said property abuts or is across an intervening street from residentially zoned property. 3. Required front yard setback will be eliminated and language clarified regarding rear yard set back requirements. Ms. Robinson stated that the PBLP found the amendments consistent with the Comprehensive Plan; that although new residential dwelling units will not be permitted on the ground floor, existing ground-floor residential will be allowed to remain. Commissioner Patterson asked if bars or game rooms will be allowed in the CBN Zone District? Ms. Robinson stated that neither the CBN nor the existing Commercial, Neighborhood (CN) Zone Districts allow bars or game rooms; that bars are currently non-conforming and will continue as non-conformities in the CBN Zone District. Commissioner Patterson asked if existing bars would be allowed to expand? Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission and stated that the existing non-contorming bars will not be allowed to expand in the CBN Zone District. Book 40 Page 13956 12/16/96 6:00 P.M. Mecs Book 40 Page 13957 12/16/96 6:00 P.M. Commissioner Patterson asked if existing non-conformities in the CBN Zone District are addressed in the Land Development Regulations (LDRs)? Mr. Litchet stated that the non-conformities would not be allowed to expand; that the LDRs addresses specific uses currently permitted in certain zone districts which may be made non- conforming in the future; that existing bars on Dr. Martin Luther King, Jr. Way, treated as non-conforming uses in both the CN and the CBN Zone Districts, will not be allowed to enlarge. Commissioner Patterson stated that restaurants serving liquor and beer and wine are allowed to remain open past the hour when food is no longer served; that patrons in a restaurant after 11:00 p.m. are present for the bar facilities; and asked if a restaurant operating as a bar late at night would be allowed to expand? Mr. Litchet stated that restaurants are permitted uses and would be allowed to expand; that a restaurant must hold a 4-COP-SRX license requiring 51 percent of revenues derived from the sale of food; that restaurants are a conforming use under the Zoning Code and would be allowed to expand. Commissioner Dupree asked if bars will be amortized as have other non-conforming uses in the City? Mr. Litchet stated that although a bar is non-conforming and similar to uses which have been amortized in the City, the bars in the CN Zone District have not been amortized; that the City amortized only those non-conforming commercial uses located in residential zone districts; that non-conforming commercial uses in commercial zone districts are allowed to continue indefinitely; that the non-conformities cannot expand, change the character of the use, and are not allowed to reestablish if operations cease for nine consecutive months. Commissioner Patterson asked the regulations regarding restaurants established under a 4-COP-SRX license and what will prevent conversion to primarily liquor sales once the business is established? Mr. Litchet stated that the City and the State Division of Alcoholic Beverages review the overall design of the floor plan and evaluate menus; that the license application requires confirmation that over 51 percent of revenues will come from food sales; that the State audits the establishments yearly; that the State has nullified the licenses of at least three establishments recently; that two of the restaurants went out of business; that the State notifies the City when a restaurant fails the audit process. Commissioner Patterson asked if game rooms are non-conforming? Mr. Litchet stated yes. Mayor Cardamone asked the number of non-conforming uses which will remain in the CBN Zone District? Ms. Robinson stated that six or seven bars will remain; that the number of game rooms is unknown; that the number of non- conformities will be researched and the data reported back. Commissioner Patterson stated that the CBN Zone District and the parking permit program, scheduled under Unfinished Business at this meeting are interrelated; that the parking permit program offers some protection to Newtown residents located close to commercial properties; that residents in the North Trail (NT) Zone District requested and received restrictions on hours of operations for commercial uses in the area; and asked if the parking permit program includes time restrictions? John Lewis, Chief of the Police Department, came before the Commission and stated that the parking permit program was presented by the Newtown Task Force as a solution to controlling the large number of people parking on residential side streets and congregating on Thursday and Sunday nights on Dr. Martin Luther King, Jr. Way; that 600 to 1,000 people sometimes congregate between 2:00 and 4:00 a.m.; that all cars parked in the permit area from 1:00 to 5:30 a.m. will require a parking permit; that commercial businesses or hours of operation are unrelated to the problem as few if any businesses are open during those hours; that crowds late at night are not usually patrons of late-night businesses in Newtown. Mayor Cardamone asked the restrictions on hours of operation in the NT Zone District? Michael Taylor, Deputy Director of Planning and Development, came before the Commission and stated that retail businesses in the NT Zone District must close at 10:00 p.m.; that theaters, restaurants, and bars are exempt from the restriction. Mayor Cardamone stated that hours of operation should be designed to accommodate each specific neighborhood. Commissioner Dupree asked the closing time of restaurants and bars in the NT Zone District? Ms. Robinson stated that State law imposes a 2:00 a.m. curfew for Book 40 Page 13958 12/16/96 6:00 P.M. Book 40 Page 13959 12/16/96 6:00 P.M. any establishment selling liquor; that no law exists governing the hours of operation for restaurants. Mr. Litchet stated that open-air facilities are prohibited from doing business from 12:00 a.m. to 6:00 a.m. in the NT Zone District. Commissioner Patterson stated that the CBN Zone District proposes relaxing parking requirements; that the City should consider acquiring land for parking if a parking permit program is implemented. Ms. Robinson stated that Staff has previously presented possible land acquisition for parking purposes to the Commission and the PBLP both of whom provided a positive response to the proposal; that land acquisitions should wait until the City rezones the properties to the CBN Zone District and the parking standards are relaxed; that current parking standards are restrictive; that St. Armands Key, Hillview Street, and Downtown do not have such restrictive, parking requirements; that relaxation of parking standards will bring Dr. Martin Luther King, Jr. Way into conformance with other City neighborhoods of similar character and use. Commissioner Dupree stated that approval of a parking permit program is being requested absent off-site parking accommodations; that restrictions should not be placed on on- street parking until off-street parking is available. Mayor Cardamone opened the public hearing. The following people came before the Commission: Ethel Byrd, 2838 Maple Avenue (34234), representing the Newtown Task Force, stated that she has lived in Newtown for 35 years; that eliminating the hours of operation proposed for businesses on Dr. Martin Luther King, Jr. Way is a concern; that the effect upon residents when the zoning is changed to the CBN Zone District is unknown; that serious problems existing in Newtown will worsen if more people come into the neighborhood; that businesses are welcome; however the neighborhood should be protected. Mayor Cardamone asked if the Newtown Task Force has discussed the hours of operation? Ms. Byrd stated that the majority of Newtown Task Force members support eliminating restrictions on the hours of operation; however, she is opposed to eliminating the restrictions on the hours of operation. Commissioner Patterson asked if Ms. Byrd is speaking for herself or for the Newtown Task Force. Ms. Byrd stated that she is speaking for herself and for the elderly residents in Newtown; that profits should not be placed over the welfare of people; that businesses allowed in Newtown should be conducted properly; that Newtown has problems not experienced by St. Armands Key and Downtown; and asked if bars would be allowed in the CBN Zone District? Commissioner Patterson stated that bars currently existing in Newtown are already non-conforming in the current CN Zone District and would be non-conforming in the CBN Zone District; that bars and game rooms may continue to exist but cannot be enlarged; that restaurants are allowed to operate at night and are legal in the CBN Zone District Ms. Byrd stated that alcohol sales should be restricted to inside premises; that people currently drink on the street; that public drunkenness should be illegal; that more police officers should be assigned to street duty. Commissioner Dupree stated that more police officers should be assigned to the streets in Newtown; however, more neighborhood residents on the streets would help reduce the number of drug transactions; that Mad Dads (Men Against Destruction Defending Against Drugs and Social Disorders) is a newly-formed volunteer group comprised of neighborhood residents who will patrol troubled streets, interacting and counseling juveniles to help stem the problems of crime and drug abuse. Ms. Byrd stated that most residents are afraid to walk the streets. Mayor Cardamone stated that the City cannot put existing establishments out of business; and asked if Ms. Byrd supports the prohibition against bars, taverns, and game rooms and restricting hours of operation to midnight? Ms. Byrd stated yes. Commissioner Merrill stated that Staff and PBLP recommendations conflict with Ms. Byrd's position; that he assumes from the lack of public input from the audience that the majority agree with the Administration's recommendation. Mayor Cardamone stated that proposed Ordinance 97-3982 recommends permitting existing ground-floor residential units in the CBN Zone District; that new ground-floor residential dwelling units will not be permitted; that restrictions on hours of operation will be eliminated for all uses, except for open-air facilities when the property abuts or is across an intervening street from residentially-zoned property; that front-yard setbacks will be Book 40 Page 13960 12/16/96 6:00 P.M. Book 40 Page 13961 12/16/96 6:00 P.M. eliminated and the language clarified when a rear-yard setback is required. Commissioner Patterson asked if outdoor-amplified music will be permitted in the CBN Zone District? Deputy City Manager Schneider stated that outdoor-amplified music is not permitted in a commercial business abutting a residential zone district. Commissioner Patterson stated that outdoor amplified music has caused problems for Downtown residents; and asked if a commercial use in the CBN Zone District located 50 feet away from a residential zone district would be allowed to feature outdoor amplified music? Deputy City Manager Schneider stated yes. Vice Mayor Pillot asked the reason the PBLP recommended the amendment changes to the CBN Zone District? Mayor Cardamone stated that the minutes of the PBLP public hearing are included with the back-up material; that the PBLP action will be discussed at the close of the public hearing. Commissioner Merrill stated that many audience members present at this meeting did not attend the PBLP public hearing; that public input would be a valuable help to the Commission. China Smith, 2511 Pershing Avenue (34234), stated that he is a lifelong resident of Sarasota; that a majority of young Newtown residents own expensive stereo systems louder than commercial jukeboxes; that the noise problem can only be stopped by shutting down retail establishments such as Radio Shack, etc.; that many elderly residents can be recalled having a good time out on the streets in their youth; that no place is available for young people to go in Newtown; that not all young people do drugs and commit crimes; that young people may leave the community, prosper financially, and return to Newtown to establish businesses; that an enterprising youth could renovate the entire commercial area in Newtown to rival St. Armands Key and Downtown; that the elderly wish to prevent the success of younger people; that most Blacks in the City have been programmed to work every day for someone else. Mr. Smith continued that a Black person who is afraid to walk down Dr. Martin Luther King, Jr. Way should move to Bradenton; that the young people congregating in the neighborhood are local children and Newtown is their home; that people complain about Port Charlotte, Manatee and Venice residents causing problems in Newtown; that attracting people from out-of-town is the smartest thing a businessman can do; that tourism is a positive force; that elderly people complaining about noise should move to mobile home parks. Mr. Smith further stated that his family members six own cars; that his father owns four cars; that the City is proposing that adult children visiting parents or siblings in Newtown not be allowed to park overnight without a parking permit; that young people are not going to disappear. James Thomas, 1340 15th Street (34236), stated that the property at 24th Street and Washington Court should be auctioned to enable entrepreneurs to develop the area for commercial uses; that the property is inappropriate for residential purposes; that Newtown requires business development space, especially along U.S. 301. Commissioner Patterson asked if a Staff member will contact Mr. Thomas to discuss rezoning the property in question for commercial uise? Deputy City Manager Schneider stated yes. Arthur Daley, 963 Dr. Martin Luther King, Jr. Way (34234) stated that he owns the Two Four Seven Restaurant on Dr. Martin Luther King, Jr. Way; that crack cocaine is the only problem on the street; that the courts seem unable to remove from the street drug users who cause problems for business owners; that the bail bond office prospers from the frequency of arrests in the area; that no other business could survive if restricted to a 2:00 a.m. closing time; that the majority of the beer on the street comes from illegal sales; that dealers, previously selling crack on Central Avenue, now concentrate near his business at the corner of Pershing Avenue and Dr. Martin Luther King, Jr. Way; that the drug dealers, who operated before he started his business, are on the street when he leaves his business and are still on the street when he opens the next morning; that a closing time of 2:00 a.m. will only restrict the hours during which business owners may make money; that restricting hours of operation will have no effect on reducing the crowds which gather all night long; that his customers from Port Charlotte never cause any problems and have never been arrested in the City. Jetson Grimes, 2741 North Osprey Avenue (34234), stated that he is the Co-Chairman of the Newtown Task Force and is a businessman in the Newtown community; that the CBN Zone District was originally proposed to change Newtown to a more productive and prosperous community; that the Newtown Task Force is trying to provide for the community the amenities found in other City neighborhoods; that progress will not be achieved until commercial uses increase; that the decline in commercial use led to drugs and prostitution; that the CBN Zone District is designed to encourage commercial development. Commissioner Patterson asked Mr. Grimes his position on the hours of operation? Book 40 Page 13962 12/16/96 6:00 P.M. Book 40 Page 13963 12/16/96 6:00 P.M. Mr. Grimes stated that the hours of operation will be restricted within the CBN Zone District; however, a businessman wishing not to rezone can keep his establishment open until 2:00 a.m. Commissioner Patterson stated that rezoning in the CBN Zone District, originally designed within those parameters, has been changed; that the proposed ordinance mandates all businesses be rezoned to the CBN Zone District but eliminates restrictions on the hours of operation. Deputy City Manager Schneider stated that the community rejected the CBN Zone District when rezoning was voluntary and the hours of operation restricted; that the PBLP recommendation is perceived to have the greatest chance of success. Mayor Cardamone asked if the proposed ordinance will mandatorily rezone the property along Dr. Martin Luther King, Jr. Way? Ms. Robinson stated no; that the actual rezoning will occur in the future; that the Commission is asked to approve the following three Zoning Code amendments at this meeting: 1) eliminating restrictions on the hours of operation, 2) relaxing setbacks, and 3) allowing only existing ground-floor residential units; that the PBLP decided that businesses staying open at night do not cause the crowds congregating on Dr. Martin Luther King, Jr. Way; that the PBLP recommendation is to mandatorily rezone all the property to a CBN Zone District and deal with the social issues separately; that buffering and landscape requirements will protect residential areas from parking and commercial uses; that 2:00 a.m. seems the most reasonable if a time restriction is deemed necessary; that funeral homes, churches, single-family residential uses, and emergency care should be exempt from the hours of operation. Commissioner Patterson stated that the CBN Zone District was thought to have been passed as a voluntary concept; that PBLP Vice Chairman Ron Annis informed her that individuals who wish to develop their properties in positive ways are waiting for the Commission to pass the proposed ordinance; and asked if the zone district had ever been approved? Ms. Robinson stated that the CBN Zone District is currently in the Zoning Code but no properties have been rezoned. Commissioner Patterson asked if any property owner has been willing to voluntarily rezone to the CBN Zone District with the accompanying restricted hours of operation? Ms. Robinson stated noi that property owners will not rezone due to the restricted hours of operation; that the hours of operations were determined by residents; that no business owner was willing to be restricted. Ms. Robinson continued that initially the CBN Zone District was voluntary; however, the PBLP, at the last meeting, recommended that the rezonings be mandatory and that the restricted hours of operation be eliminated. Commissioner Patterson asked if the Newtown Task Force would endorse a 2:00 a.m. restriction on any business which chose voluntarily to enter the CBN Zone District? Mr. Grimes stated yes. Ms. Robinson stated that most businesses close voluntarily at 2:00 a.m. Mayor Cardamone asked why rezoning to the CBN Zone District was made mandatory? Ms. Robinson stated that the PBLP recommended the mandatory rezoning at the last meeting. City Attorney Taylor stated that two steps are required; that only one of those steps is being taken at this meeting; that no property will be rezoned as a result of any action taken at this meeting; that the City is determining the language designating the CBN Zone District to enable individuals to apply for the rezoning. Ms. Robinson stated that several years ago, a coalition of banks, desiring to meet the Community Redevelopment Act requirements informed the City the CN Zone District was a disincentive; that strict setbacks and parking requirements made both redevelopment and new construction virtually impossible; that the coalition of banks and neighborhood leaders asked the City to design a more appropriate zone district for economic development. Raymond Burton, 1831 Links Avenue (34234), stated that he owns Big Daddy's Barbecue on Dr. Martin Luther King, Jr. Way; that business is nonexistent in Newtown during the daytime; that his business starts at 5:00 p.m. and continues until 2:00 a.m.i that business would go all night if the doors were kept open; that external limits should not be imposed on businessmen in Newtown as all available resources are required to meet obligations; that he has attended Newtown Task Force meetings during which members discussed closing at 2:00 a.m.i that perhaps Mr. Grimes's business will survive with a 2:00 curfew; however, businesses should have the right to remain open as long as customers continue to purchase; that people who do drugs should be kept out; however, no problems have been personally experienced with drug users and no problems Book 40 Page 13964 12/16/96 6:00 P.M. Book 40 Page 13965 12/16/96 6:00 P.M. encountered with law enforcement; that people with boom boxes will still be up all night even if the businesses close; that the same people on the street when businesses close at night are present the next morning when the businesses open. Mayor Cardamone asked if Mr. Burton operates a take-out barbecue? Mr. Burton stated yes; that he operates a catering business. Mayor Cardamone stated that a problem exists with the clean-up of the white Styrofoam containers which are used for take-out orders. Mr. Burton stated that the actual source of the litter cannot be determined as the Styrofoam containers are used by establishments throughout the City; that he picks up every Styrofoam container he sees. Michael Phelps, 2130 North Osprey Avenue (34234), stated that no activities are available for young people after the businesses close; that the YMCA is not located in Newtown; that street people are out on the street when the businesses close and remain until the businesses reopen; that many individuals oppose the selling of drugs; however, jobs are scarce in Newtown; that Newtown residents should not be compelled to ride a bus to other sections of the City for employment; that Newtown residents should be able to find work in a grocery store or carwash in the neighborhood; that no one is born a convict, a killer, a thief, or a drug dealer; that people are programmed and conditioned towards anti-social behavior in the absence of employment and economic stability. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 97-3982 by title only. Ms. Robinson stated that mandatory rezoning of property to the CBN Zone District is recommended as no business owner would voluntarily rezone property to a CBN Zone District and subject themselves to restricted hours of operation when the CN Zone District allows businesses to remain open 24 hours per day. Commissioner Patterson stated that the reasons for rezoning to the CBN Zone District are the same as those chosen by residents in the NT Zone District; that setbacks and relaxation of parking requirements act as an incentive for commercial development and a catalyst for increasing property values. Ms. Robinson stated that the issue in Newtown is the hours of operation rather than setbacks or parking; that Newtown needs businesses; that restricted hours of operation have obstructed business development; that this may be the best time to institute the CBN Zone District as bars are not currently proliferating; that other mechanisms could be used to control social issues; that thousands of people which leave In Extremis and walk down Dr. Martin Luther King, Jr. Way will loiter somewhere with or without the hours of operations restricting businesses. Deputy City Manager Schneider stated that the Administration recommends passing proposed Ordinance No. 97-3982 on first reading. Vice Mayor Pillot asked for clarification of the Zoning Code amendments? City Attorney Taylor stated that the CBN Zone District currently exists in the Zoning Code but has not been applied to any property; that proposed Ordinance No. 97-3982 clarifies issues such as ground-floor residential units, front-yard setbacks, etc.; that the proposed ordinance simply changes the way the zone district reads in the Zoning Code; that another ordinance is required to mandatorily rezone properties. Commissioner Merrill stated that the recommendation before the Commission differs from the Newtown Task Force recommendation. Mr. Grimes returned to the Commission table. Vice Mayor Pillot asked if the proposed ordinance is supported by the Newtown Task Force except for eliminating restrictions on hours of operation? Mr. Grimes stated yes; that the Newtown Task Force does not support businesses staying open all night. Vice Mayor Pillot asked if the Newtown Task Force supports the yrouma-lberredmtial units and the elimination of yard setbacks? Mr. Grimes stated yes. Commissioner Patterson asked if the Newtown Task Force supports voluntary rezoning, funded by the City, with relaxation of setbacks and parking, etc., but also restricted to a 2:00 a.m. curfew for hours of operation? Mr. Grimes stated that the Newtown Task Force would like the rezoning to the CBN Zone District to be mandatory; and asked if the zoning could be enforced? Commissioner Patterson asked if the City could enforce a mandatory rezoning with a 2:00 a.m. restriction on hours of operation? City Attorney Taylor stated yes. Book 40 Page 13966 12/16/96 6:00 P.M. Book 40 Page 13967 12/16/96 6:00 P.M. Commissioner Patterson asked if the City could face redress in issues involving property rights? City Attorney Taylor stated yes. Commissioner Patterson asked if the curfew was midnight when the CBN Zone District was originally marketed to property owners? Ms. Robinson stated yes. Commissioner Patterson asked if the Newtown Task Force discussed exempting any type of business? Mr. Grimes stated that the Newtown Task Force supports exemptions for funeral homes, emergency care facilities, and churches; that the hours of operation should be restricted to 2:00 a.m., with the specified exemptions. On motion of Commissioner Patterson, and Commissioner Merrill, it was moved to pass proposed Ordinance No. 97-3982 on the first reading with the hours of operation changed to a closing time of 2:00 a.m. with emergency care, funeral homes, and churches exempt from that time restriction, that rezonings in the CBN Zone District be voluntary and funded by the City. Vice Mayor Pillot stated that voluntary rezoning would make the 2:00 a.m. restriction on the hours of operation ineffective. Commissioner Patterson stated that changing the hours of operation from the midnight closing time currently specified in the CBN Zone District to 2:00 a.m. relaxes the hours of operation sufficiently to attract property owners to the rezoning process; that Section 70.001, Florida Statutes (1995) and Section 70.51, Florida Statutes (1996 Supp.) enables property owners to seek redress when government action, such as the restricting hours of operation, deflates property values; that property owners may seek large settlements from the City. Mr. Grimes stated that people will operate at all hours of the night in the CN Zone District if the rezoning is voluntary; that the rezoning should be mandatory. Commissioner Patterson stated that the parcels will appreciate in value when rezoned to the CBN Zone District; that a reward is offered to people for adopting the restricted 2:00 a.m. closing time. Mr. Grimes stated that many people will not be concerned with the advantages of the CBN Zone District and will choose to operate with free will; that the rezoning must be mandatory to make the businesses close at 2:00 a.m. On motion of Commissioner Dupree and second of Vice Mayor Pillot, it was moved to amend the main motion to pass proposed Ordinance No. 97-3982 adding restaurants to emergency care facilities, funeral homes, and churches as uses exempted from the 2:00 a.m. closing time. Vice Mayor Pillot asked if the amendment intends to keep rezoning to the CBN Zone District voluntary? Commissioner Dupree stated yes. On motion of Vice Mayor Pillot, and second of Commissioner Merrill, it was moved to amend the main motion to strike the word voluntary and add the word involuntary. Commissioner Merrill asked the consequences of making the rezoning involuntary from the perspective of the State statutes? City Attorney Taylor stated that the law requires aggrieved property owners to follow an administrative process to seek redress; that redress will most likely be pursued any time the City restricts property rights. Commissioner Merrill asked if the Commission could revise an existing ordinance if faced with paying penalties for redress? City Attorney Taylor stated yes. Commissioner Patterson stated that funeral homes, churches, and emergency care facilities, will be exempt from the 2:00 a.m. closing; and asked which businesses, having the potential to disturb residents, would be restricted to the 2:00 a.m. closing time if restaurants are also exempt? Commissioner Merrill stated that game rooms would be restricted. Commissioner Patterson stated that game rooms are not allowed in the CBN Zone District; that game rooms, which are non-conforming, are allowed to remain but cannot enlarge. Vice Mayor Pillot stated that game rooms would be required to rezone to the CBN Zone District and abide by the 2:00 a.m. closing time if the rezoning is made involuntary. Commissioner Patterson asked if a game room which is non- conforming, and currently open until 4:00 a.m. would be Book 40 Page 13968 12/16/96 6:00 P.M. Book 40 Page 13969 12/16/96 6:00 P.M. restricted to the 2:00 a.m. closing time after being mandatorily rezoned to the CBN Zone District? City Attorney Taylor stated yes. Mayor Cardamone asked why restaurants, compelled by State law to close at 2:00 a.m., should be made exempt from the restricted hours of operation? Commissioner Dupree stated that financially, the business may depend upon staying open all night; that some businesses cannot make the necessary income without remaining open late. Vice Mayor Pillot asked if Commissioner Dupree is comtortable with restaurants staying open later than 2:00 a.m.? Commissioner Dupree stated that he is comfortable since the restaurants he knows of personally are not causing any problems. City Auditor and Clerk Robinson read the second amendment as to strike the word "voluntary" and replace it with the word "involuntary." Mayor Cardamone called for a vote on the motion for the second amendment. Motion carried (4 to 1): Dupree, yes; Merrill, yes; Patterson, no; Pillot, yes; Cardamone, yes. City Auditor and Clerk Robinson read the first amendment as to add restaurants to the list of uses, including emergency care facilities, churches, and funeral homes, exempt from the restricted hours of operation. Mayor Cardamone called for a vote on the motion. Motion failed (3 to 2): Dupree, yes; Merrill, yes; Patterson, no; Pillot, no; Cardamone, no. Vice Mayor Pillot stated that voting against the amendment exempting restaurants from restricted hours of operation was difficult; that Commissioner Dupree's knowledge and wisdom in the matter are respected; that Commissioner Dupree assured the Commission that restaurants with which he is familiar do not cause any problems; however, other restaurants may undo the good attempted by this amendment; that the City can modify the proposed ordinance in the future. City Auditor and Clerk Robinson read the main motion as to pass proposed Ordinance No. 97-3982 on first reading with the rezonings to the CBN Zone District being involuntary and City- funded and changing the hours of operation to a 2:00 closing time, with emergency care facilities, churches, and funeral homes exempted from those hours of operation. Commissioner Patterson stated that the city Attorney advised the Commission that the City would have the ability to change the ordinance to avoid potential financial redress from property owners; that lifting the restrictions on hours of operation would be simple; and asked if the Commission can vote to reverse the mandatory zoning for all the properties which were mandated into the CBN Zone District? City Attorney Taylor stated no; that flexibility exists to deal with individual properties without dealing with everyone else in the zone district in the same way. Commissioner Patterson asked if a property owner would be allowed to rezone back to the CN Zone District with the hours of operation remaining in place? City Attorney Taylor stated yes. Mayor Cardamone requested that city Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes, Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. The Commission recessed at 9:15 p.m. The Commission reconvened at 9:32 p.m. 15. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3981, AMENDING ARTICLE VI, DISTRICT-REGULATIONS GENERALLY, OF THE ZONING CODE PERTAINING TO THE RANKING OF ZONE DISTRICTS BY INTENSITY; AMENDING SECTION 6-29, ZONING CODE TO ADD THE NORTH TRAIL (NT) ZONE DISTRICT AND THE COMMERCIAL BUSINESS-MENTOHN (CBN) ZONE DISTRICT TO THE RANKING OF ZONE DISTRICTS UTILIZED TO DETERMINE WHETHER A PETITION TO REZONE PROPERTY IS TO AN EQUAL OR LESS INTENSIVE ZONE DISTRICT; SETTING FORTH FINDINGS; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-4) #3 (0389) through (0517) Jane Robinson, Director of Planning and Development, came before the Commission and stated that after adoption of the North Trail (NT) Zone District on October 5, 1992, and the Commercial Business-Newtown (CBN) Zone District on May 3, 1993, an amendment was proposed to add the NT and CBN Zone District to Zoning Code Section 6-29, "Ranking of Zone Districts by intensity," as required by Land Use Plan Policy 1.3; that the PBLP recommended adoption of the proposed ordinance on October 6, 1993; that the Sarasota City Plan has not been updated to recognize the CBN Zone District; that the proposed amendment is necessary to enable the Book 40 Page 13970 12/16/96 6:00 P.M. Book 40 Page 13971 12/16/96 6:00 P.M. rezoning of parcels on Dr. Martin Luther King, Jr., Way to an equivalent zone district. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. Deputy City Manager Schneider stated that the Administration recommends passing proposed Ordinance No. 97-3981 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 97-3981 by title only. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to approve the Administration's recommendation. Commissioner Dupree asked if proposed Ordinance 97-3981 formalizes the changes made in the CBN Zone District when Ordinance No. 97-3982 was passed during Public Hearing No. 3 at this meeting? Ms Robinson stated no; that the CBN Zone District and the NT Zone District were not inserted in the intensity chart in the Zoning Code when the zone districts were adopted several years ago; that proposed Ordinance 97-3981 will update the ranking list of zone districts in the Zoning Code. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 16. PRESENTATION RE: SARASOTA FORD TEMPORARY PARKING PERMIT - JOEL J. FREEDMAN, AICP, VICE PRESIDENT, BISHOP AND ASSOCIATES - DIRECTED CITY ATTORNEY TO DRAFT AN ORDINANCE PROVIDING THE COMMISSION AUTHORITY TO EXTEND THE TEMPORARY PARKING PERMIT (AGENDA ITEM V-1) #3 (0518) through (1104) Joel Freedman, AICP, Vice President, Bishop and Associates, and Vern Buchanan, Owner, Sarasota Ford, came before the Commission. Mr. Freedman stated that assistance is requested from the Commission; that Mr. Buchanan began renovating the Sarasota Ford facility shortly after purchase in November 1995; that expansion capability was sought when the business overgrew the existing space; that property north of Sarasota Ford was purchased and Bishop & Associates retained to begin the Comprehensive Planning amendment process at the same time the City initiated the Land Development Regulations (LDRS) rewrite; that Staff determined the neighborhood should be reviewed for potential zoning changes; that a temporary parking permit enabled Sarasota Ford to store vehicles on the newly-purchased parcel, one of 30 properties under review for rezoning; that the temporary parking permit, already extended once for six months, expires in December 1996; that the process should have been initiated last month; however, the regulations were not understood; that an ordinance will allow the temporary vehicle parking use to continue until the Comprehensive Plan amendment process is completed. Mr. Buchanan stated that Sarasota Ford, which has doubled sales and increased payroll from 80 to 160 employees, requires expansion capabilities; that two to three acres are in use as a temporary parking facility on School Avenue and another 1,000 feet of parking was recently leased at the IBM building behind McDonalds on U.S. 41; that other parcels are being negotiated for purchase; that landscaping and buffering, which were delayed due to start-up difficulties, will be properly installed; that Sarasota Ford is one of the top 100 dealerships in America. Vice Mayor Pillot asked how long the parking permit is expected to remain in effect? Mr. Freedman stated that the stay of expiration is requested until the Comprehensive Plan amendment process allowing creation of an Impact Management Area (IMA) for commercial use is completed; that the rezoning process would be initiated following approval of the IMA; that Sarasota Ford would relocate the facility if the IMA allowing commercial rezoning is denied. Vice Mayor Pillot asked the company's plans for the time period between expiration of the temporary parking permit and adoption of an ordinance allowing extension of the parking permit? Mr. Freedman stated that the Commission is requested to direct Staff to draft the proposed ordinance for public hearing at the January 6, 1996, regular Commission meeting; that Sarasota Ford will remove the cars from the property in the interim period between December 26, 1996, and adoption of the proposed ordinance. Vice Mayor Pillot asked if the Commission has the authority to extend the parking permit? City Attorney Taylor stated that the parking permit, established by ordinance, allows the use of a vacant parcel for parking purposes; that the ordinance allows the Administration to grant one 180-day extension after the first permit expires; that the Book 40 Page 13972 12/16/96 6:00 P.M. Book 40 Page 13973 12/16/96 6:00 P.M. City Manager currently lacks authority to grant any further time extension; that the request will not amend the Zoning Code to change temporary vehicle parking; that the request is to pass an ordinance operating as a moratorium; that the ordinance will state that the permit will be considered in effect until the Comprehensive Plan amendment process is completed. Vice Mayor Pillot asked if an ordinance is necessary? City Attorney Taylor stated yes. Vice Mayor Pillot asked the earliest date the proposed ordinance could become effective? City Auditor and Clerk Robinson stated that the public hearing would be held on January 6, 1997; that the meeting at which the proposed ordinance would be adopted and become effective would be January 21, 1997. Commissioner Patterson asked when the property would be rezoned if the Comprehensive Plan amendment process is approved? Mr. Freedman stated that the Comprehensive Plan process will be completed in July 1997. Vice Mayor Pillot asked if an option is available to permit parking between the expiration date of December 26, 1996, and the date of the adoption of the proposed ordinance? City Attorney Taylor stated that code entorcement takes months to mobilize; that the proposed ordinance would be adopted before code enforcement would find time to address the issue. Vice Mayor Pillot asked if Sarasota Ford could continue to use the property in the interim if the request to draft an. ordinance is approved? City Attorney Taylor stated yes. Commissioner Patterson asked if the proposed ordinance is specific to Sarasota Ford? City Attorney Taylor stated yes; that the Commission should direct the preparation of an ordinance which would stay the expiration of the permit for a period of time sufficient to allow the property owner to comply with the Comprehensive Plan update and subsequent rezoning. Commissioner Merrill asked if the City Attorney would prepare an ordinance to stay the expiration of the parking permit? City Attorney Taylor stated yes. Commissioner Patterson stated that under the proposed LDRs, temporary parking permits may be eliminated from the Zoning Code; that the specificity of the proposed ordinance is a concern; and asked if the ordinance could be written in general terms to provide the Commission the authority to extend a temporary parking permit? city Attorney Taylor stated yes. On motion of Commissioner Merrill, and second of Commissioner Dupree, it was moved to direct the City Attorney to prepare an ordinance necessary to extend the temporary parking permit. Commissioner Patterson asked if the property requested for an IMA is larger than the current temporary parking area? Mr. Freedman stated yes. Commissioner Patterson asked if the parcel requested for a temporary parking permit in the proposed ordinance will be larger than the area under the current permit? Mr. Freedman stated no. Mayor Cardamone called for a vote on the motion to direct the City Attorney to prepare an ordinance necessary to extend the temporary parking permit. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 17. PRESENTATION RE: LAUREL PARK CONSERVATION DISTRICT COMMITTEE REPORT - DEVIN RUTKOWSKI TODD SWEET AND BOBBY FLETCHER, MEMBERS OF THE LAUREL PARK CONSERVATION DISTRICT COMMITTEE - REFERRED CONSI ERVATION DISTRICT COMMITTEE PROPSAL TO ADMINISTRATION FOR REPORT BACK AT JANUARY 6, 1997 REGULAR COMMISSION MEETING (AGENDA ITEM V-2) #3 (1104) through (2420) Devin Rutkowski, Todd Sweet, Bobby Fletcher, Daniel McNichol, Vice President of the Laurel Park Neighborhood Association (LPNA) Members of the Laurel Park Conservation District Committee, came before the Commission. Vice Mayor Pillot left the Commission Chambers at 9:57 p.m. Mr. McNichol stated that the Laurel Park Conservation District Committee has dedicated a great deal of effort on the Conservation District proposal; that the LPNA supports the Committee and the conservation district concept. Book 40 Page 13974 12/16/96 6:00 P.M. Book 40 Page 13975 12/16/96 6:00 P.M. Vice Mayor Pillot returned to the Commission Chambers at 10:00 p.m. Mr. Rutkowski stated that the Conservation District Committee has conducted three surveys, the most critical of which deals with land use and zoning issues; that 24 percent, or 85 surveys, were returned out of the 324 mailed out; that the following questions were asked regarding general neighborhood conditions, land use and zoning: Would you favor keeping the current zoning in place? Mr. Rutkowksi stated that the majority of residents initially indicated the current Multiple-Family Residential (RMF)-3 Zone District allowing 13 units to the acre should be retained; however, perspectives on the type of multiple-family which should be allowed are refined by answers to the following questions: Would you favor zoning which permits single family homes with detached accessory dwelling units as an alternative to attached multiple family apartment buildings? Mr. Rutkowski stated that 90 percent of surveyed residents support accessory dwelling units such as garage apartments, mother-in-law suites, or granny flats and eliminating or limiting multiple-unit apartment buildings; that the Zoning Code currently permits buildings in Laurel Park which are out of scale with the neighborhood character. What types of uses in addition to the existing Residential Zone District would you favor on Osprey Avenue in the future? Mr. Rutkowski stated that the Conservation District Committee is seeking a medium between commercial and residential uses; that 70 percent of surveyed residents desire a mixed-use zoning in Laurel Park. Commissioner Patterson asked the number of residents comprising the 70 percent figure? Mr. Rutkowski stated that the figure reflects 70 percent, or 60 homeowners, who responded to the survey favor mixed use; that live-work, artist's studios, or architects' offices are possible commercial uses; that neighborhood residents would accept a change in zoning if specific conditions are attached to commercial uses. Would you favor new zoning permitting home-offices in detached structures? Mr. Rutkowski stated that most small bungalows in Laurel Park have detached structures in which home offices are not currently allowed without a special exception; that 80 percent of surveyed residents support allowing conversion of garages into office use. Would you favor an abatement on ad valorem taxes in exchange for restoring homes qualifying for historic designation? Mr. Rutkowski stated that 80 percent of surveyed residents support an abatement on future ad valorem taxes for property owners restoring historic structures; that the County will be approached on this issue as well. How long have you lived in Laurel Park. Mr. Rutkowski stated that although 39 percent of residents have lived in Laurel Park for over 10 years, 35 percent have relocated into the neighborhood during the last two years. What attracted you to Laurel Park? Mr. Rutkowski stated that neighborhood charm, which is difficult to analyze, attracted 20 percent of surveyed residents; that 2 percent are attracted by the school district featuring the Southside Elementary School; that 25 percent are attracted by convenience to Downtown, beaches, and cultural activities. Check which describes the type of housing in which you live. Mr. Rutkowski stated that 52 percent of surveyed residents live in single-family detached dwellings. Commissioner Merrill stated that the figure reflects the residents who responded to the survey. Is parking in front of your house a problem? Mr. Rutkowski stated that virtually no on-street parking is allowed on one side of each street in Laurel Park due to the Engineering Design Criteria Manual (EDCM). Mayor Cardamone stated that on-street parking is an excellent, free traffic abatement measure. Book 40 Page 13976 12/16/96 6:00 P.M. Book 40 Page 13977 12/16/96 6:00 P.M. Mr. Fletcher stated that a structure survey encompassing every habitable building in Laurel Park included apartment buildings, single-family houses, and detached granny flats; that some properties have more than one habitable structure on the parcel; that the survey addressed 20 characteristics detailing size, age, setbacks, number of stories, architectural style, fences and obtrusive utility lines; that the purpose of the structure survey was to describe the aesthetics of the existing built environment; that single-family houses converted to duplexes, triplexes and commercial uses are a problem; that a new zone district is required to guide new development. Mr. Fletcher displayed on the slide projector graphics indicating building demographics compiled from the structure survey and stated that many parcels contain more than one structure; that 329 structures on over 200 properties were surveyed; that neighborhood building types are reflected as 75 percent single-family, 23 percent multiple-family, and 2 percent commercial; that neighborhood building uses are reflected as 56 percent single- family, 36 percent multiple-family, and 8 percent commercial; that of the 329 buildings surveyed, 13 percent of the single-family dwellings had been converted to multiple-family buildings and 5 percent of the single-family buildings had been converted to commercial buildings; that 9 percent of the building styles are Mediterranean Revival, 62 percent are framed vernacular, and 29 percent are other styles such as concrete block buildings; that 71 percent, or approximately 200 structures in Laurel Park, were built in the 1920s and qualify for historic designation. Mr. Fletcher continued that one resident who recently purchased a single-family home converted in the past to a duplex is converting the property back to single-family use; that many structures previously converted from single-family to multiple-family use have potential for reversion to single-family and demonstrate the market for redevelopment in Laurel Park; that the Conservation District Committee will propose architectural and use restrictions similar to historical designations; that Laurel Park is primarily a single- family neighborhood and requires a zone district compatible with the neighborhood character. Mr. Sweet referred to a photographic display and stated that a Visual Preference Survey is a technique used by urban planners to develop growth-management plans; that photographs were used to poll the aesthetic preferences of neighborhood residents; that the process is used to allow communities to create a consensus of what they want their neighborhoods to look like; that places, spaces, and land use reflecting the character of Laurel Park, including additions, renovations, gates, fences, parking issues, and overall facade appearance were photographed; that neighborhood residents rated the slides and produced a vision of Laurel Park as a neighborhood of traditional, well-kept single-family residences. Mr. Rutkowski stated that the Conservation District Committee requests Commission approval for retaining two advisors, Bruce Franklin, President, Land Resource Strategies, and William Merrill, Attorney, (Law Firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg), who have agreed to assist the Committee in finalizing the ordinance language and building consensus with neighborhood residents; that input from Staff, neighborhood residents, and a designer, for whom funding is also requested, will be used to develop an ordinance; that a Design Contest is proposed in March 1997 to test the ordinance; that final proposed zoning language will be returned to the Commission in April 1997. Commissioner Patterson asked the nature of the Design Contest? Mr. Rutkowski stated that the Design Contest will hypothetically apply the proposed zone district to three sites in Laurel Park; that the Conservation District Committee wishes to test the proposed ordinance with site plans for three new homes on City- owned property in Laurel Park; that the Commission is requested to redirect funds allocated to but not yet used by the LDRS consultants for the following expenses: ADP Group $5,000 Icard, Merrill $5,000 Design Contest $5,000 Total Funds Requested $15,000 Vice Mayor Pillot stated that the presentation indicates hard work and knowledgeable results; however, he cannot vote to approve the request at this meeting. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to refer the Laurel Park Conservation District Committee's proposal to the Administration to return a recommendation to the Commission at the January 6, 1997, regular Commission meeting. Commissioner Patterson stated that the City has already allocated the $15,000 for the project; that the proposal would allow Laurel Park neighborhood residents to use consultants of their own choosing; that both consultants are respected local citizens, one of whom has contracted with the City in the past; that she would vote to grant the request. Deputy City Manager Schneider stated that Staff will accelerate the process; however, the Administration requests the opportunity to review the impact on Staff schedules; that a contract is in place with Siemon, Larsen & Marsh, the LDRS' consultants; that Book 40 Page 13978 12/16/96 6:00 P.M. Book 40 Page 13979 12/16/96 6:00 P.M. the City should ensure that no conflict exists between the request and existing contractual obligations. Commissioner Patterson asked if a report could be returned at the January 6, 1997, regular Commission meeting? Deputy City Manager Schneider stated yes; that Staff will meet with the Laurel Park Conservation District Committee and the LPNA. Commissioner Dupree asked the ultimate goal of the conservation district? Mr. Fletcher stated that the ultimate goal is to encourage home ownership and reconstruction of existing buildings and continue Laurel Park's recovery from a deteriorating neighborhood to a showplace. Mayor Cardamone stated that Laurel Park has received total support from the Commission; that a model of a conservation district could be applied with individualized modifications to other neighborhoods such as East Sarasota, Gillespie Park, and Newtown; and asked the southern boundary of Laurel Park? Mr. Rutkowski stated that Mound Street is the southern boundary; that a map surveyed from Mound Street to Ringling Boulevard and from U.S. 301 to Orange Avenue indicates commercial uses prevail around the boundaries; that the Laurel Park Conservation District will be designed to accommodate existing commercial uses; that commercial zone districts will not be affected. Mayor Cardamone called for a vote on the motion to refer the Laurel Park Conservation District Committee's proposal to the Administration, to return with a recommendation to the Commission at the January 6, 1997, regular meeting. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 18. PRESENTATION RE: INDIAN BEACH PARK - REFERRED PURCHASE BY EMINENT DOMAIN OF INDIAN BEACH/SAPPHIRE SHORES PARK TO ADMINISTRATION. AND CITY ATTORNEY'S OFFICE (AGENDA V-3) #3 (2422) through (3092) Bart Cotton, President, Alan Lillie, First Vice President, and John Hargreaves, Past President, Indian Beach/Sapphire Shores Neighborhood Association, came before the Commission. Mr. Cotton distributed a report entitled Indian Beach Restoration Project and stated that the Indian Beach/Sapphire Beach Neighborhood Association has always contributed to the cost of capital improvements requested from the City; that the Neighborhood Association paid the costs for planting shrubs in the median on Bay, Shore Road; that the Neighborhood Association, in cooperation with the Public Works Department paid for the trees and shrubs planted on Virginia Drive; that $8,000 was contributed for development of Sapphire Park on Sun Circle; that dozens of residents gather every evening to watch the sunset; that complaints of dog litter were solved by placing dispensers with plastic pick-up bags at three entrances to the park; that six trees have been planted; that additional landscaping will be provided when the proposed irrigation system is in place; that the Public Works Department installed walks and storm drains to correct stormwater and erosion problems; that the Neighborhood Association contributed nearly $5,000 for brick pavers in the sidewalk at Indian Beach and a set of five-foot wide concrete steps to the beach; that this evening's request is beyond the means of neighborhood residents. Mr. Cotton continued that Indian Beach is located on the Bay beginning at the junction of Indian Beach Drive and Bay Shore Road; that in the 1920s, the beachfront was deeded by the developer as an easement to the property owners of the Bayhaven Subdivision and is not public property; that the 1925 deed is in the report; that the park is enjoyed daily by sunset watchers, fishermen, boaters, and young people; that the area is used by residents from different parts of the City; that a photograph included in the report shows the condition of the park and its bank on September 10, 1996; that although installation of curbs and sidewalks have eliminated the problem of landslide erosion, this area, like Lido Beach, is susceptible to wave erosion. Mr. Cotton further stated that the Indian Beach/Sapphires Neighborhood Association proposes that the soil be replaced with a filter cloth and protected with natural rock; that a photograph in the report illustrates a property adjacent to the park successfully treated with a filter cloth and protected with natural rock; that two $30,000 and one $145,000 quotes are included in the report. Mr. Cotton stated further that the County's Park Brochure lists Indian Beach as a City-owned, County-operated park; that Donald Moultney, Supervisor of Development, Sarasota County Parks and Recreation Department was asked if the County would restore the embankment; that Mr. Moultney stated that, according to the interlocal agreement, restoration is not the County's responsibility; that the County is responsible for maintenance only; that the Neighborhood Association is anxious to install landscaping with salt resistant plants when the bank is stabilized; that public funds cannot be spent for restoration until the property is acquired by the City; that the property Book 40 Page 13980 12/16/96 6:00 P.M. Book 40 Page 13981 12/16/96 6:00 P.M. should be acquired through eminent domain; that the wide use of the parcel by the public will provide the basis for just cause; that the current deedholders lack the means to protect public sidewalks, streets, and utilities; that the Commission is requested to initiate the process to acquire the property. Mr. Lillie stated that the Indian Beach/Sapphires Shores Neighborhood Association has recently formed a Beautification Committee with 10 volunteers; that the volunteers are willing to plant, weed, water, and provide maintenance; that Indian Beach is a top priority for the neighborhood. Mr. Hargreaves stated that neighborhood residents raised $5,000 to install electrical wires underground before the sidewalks were installed; that an additional $5,000 donated for the Indian Beach bank renourishment and sidewalk project brought the neighborhood contribution to $10,000. Mr. Hargreaves distributed photographs and stated that run-off from U.S. 41 down a side street is another problem; that serious flooding has occurred from City street run-off into a pond located behind the beach area; that a three-foot conduit traveling from the pond to the Bay requires maintenance; that the photographs show an island in the pond completely covered and water backed up to the houses. Mr. Cotton stated that the County is responsible for maintaining the conduit from the pond; that the County agreed to review the problem after the matter was brought to Commissioner Patterson's attention. Deputy City Manager Schneider stated that Staff will work with the Indian Beach/Saphhires Shores Neighborhood Association; that the Administration should meet with the City Attorney to determine if purchasing the property by eminent domain is feasible. Commissioner Merrill stated that Mr. Cotton's recommendation is supported; that the City should purchase the property by eminent domain if the purchase price is reasonable. On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to refer the possible purchase by eminent domain of the Indian Beach/Sapphire Shores Park to the Administration and the City Attorney's Office. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 19. CITIZENS' INPUT CONCERNING CITY TOPICS: #3 (3093) through (3406) The following people came before the Commission: Jencie Davis, 1420 Fifth Street (34236), read a note thanking the Commission for a plaque presented as a surprise on her eightieth birthday and praising the Commission for their recognition of her service to the community and maintaining a close relationship with City residents. Edward Harding, 2155 Wood Street (34237), stated that parking problems exist Downtown; that the library is inadequate and the parking insufficient for library patrons; that commercial development is required in Downtown; that the City and County should consolidate governmental functions; that City Hall would make an ideal library; that the Police Department has deficiencies which could be corrected by consolidating with the County; that an investigation should be conducted regarding a recent shooting in which the Police Department was involved; that the Mayor is asked to lead the City in the proper direction. 20. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND FOUR WINDS ASSOCIATES, INC.. D/B/A GULF WIND MARINE = APPROVED (AGENDA ITEM VII-1) #3 (3406) through (3490) Deputy Çity Manager Schneider stated that Four Winds Associates, Inc., d/b/a Gulf Wind Marine, has requested that the lease it has held since 1968 be renewed and extended; that the Commission authorized the Administration to negotiate the renewal; that work has been completed, and the proposed lease agreement is submitted for authorization to execute; that two additional paragraphs should be incorporated into the lease document; that one paragraph references prohibited uses such as jet skies, parasail rides, or docking of gambling vessels and the other defines routine maintenance. Deputy City Manager Schneider stated that the Administration recommends approving the lease with Four Winds Associates, Inc., d/b/a Gulf Wind Marine, and authorizing the Mayor to sign on behalf of the City and the City Auditor and Clerk to attest same. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 21. UNFINISHED BUSINESS: APPROVAL RE: NEWTOWN PARKING PERMIT PROGRAM PROCEDURE = DENIED (AGENDA ITEM VII-2) #3 (3590) through #4 (1594) Book 40 Page 13982 12/16/96 6:00 P.M. Book 40 Page 13983 12/16/96 6:00 P.M. Russell Pillifant, Deputy Chief of Police, Sarasota Police Department, came before the Commission and stated that the problem of large crowds on Dr. Martin Luther King, Jr., Way in the late night and early morning hours has been examined by the Newtown Task Force; that police officers conducted a survey of Dixie Avenue on Sunday, December 8, 1996, counting three vehicles parked on the street at 11:00 p.m. and 17 additional vehicles on the street at 2:30 a.m.; that only two vehicles remained on Dixie Avenue at 5:30 a.m. Deputy Chief Pillifant continued that the Newtown Task Force developed a proposal to restrict parking in residential areas by implementing a parking permit program including a 1:00 a.m. curfew within the neighborhood boundaries: Osprey Avenue to the west, U.S. 301 to the east, 29th Street to the north, and 24th Street to the south; that a flyer was hand-delivered to each residence within the boundaries advertising an opportunity to provide input on the proposal at 7:30 p.m. on December 3, 1996, at the Newtown Resource Center; that in excess of 400 residents were notified; however, only 19 residents attended the meeting; that a consensus was reached to endorse the Task Force's proposal with 13 out of the 19 residents voting in favor of the proposal; that Commission approval is requested to implement the Newtown Parking Permit Program administratively and provide relief to a neighborhood adversely affected by noise and litter resulting from crowds gathering on Dr. Martin Luther King, Jr., Way. Commissioner Dupree asked if the problem with large crowds gathering on Dr. Martin Luther King, Jr., Way, is generated by the area businesses? Deputy Chief Pillifant stated that whether the businesses remain open as a result of crowds gathering or the crowds gather as a result of the businesses remaining open has been difficult to determine. Commissioner Dupree asked if the increase in the number of vehicles parked in the area after midnight can be attributed to people who reside outside the Newtown neighborhood? Deputy Chief Pillifant stated yes; that December 8, 1996, was a typical Sunday night; however, the largest influx of people gathering on Dr. Martin Luther King, Jr., Way occurs on Sunday nights/Monday mornings when Teen Nights are held at In Extremis at the Sarasota Quay; that Teen Nights are held on Sunday evenings only if school is not in session on Monday, i.e., during the summer months. Mayor Cardamone asked the age of the people gathering on Dr. Martin Luther King, Jr., Way? Deputy Chief Pillifant stated that the ages range from 12 and upi that the majority of the people are in their late teens. Commissioner Merrill asked if the parking permit program will be in effect only on certain nights? Deputy Chief Pillifant stated that implementing the program seven days per week is proposed to provide for effective enforcement; that a survey conducted on a Friday evening indicated 17 vehicles parked on Dixie Avenue at 1 p.m. with only one vehicle remaining at 5 a.m.; that the crowded conditions experienced over the Labor Day weekend would have prevented emergency vehicle access onto Dixie and Pershing Avenues. Commissioner Merrill asked if any surveys were conducted on weekday nights? Deputy Chief Pillifant stated no. Vice Mayor Pillot asked the time period during which parking in the residential parking permit area would be restricted? Deputy Chief Pillifant stated that parking would be restricted between the hours of 1 a.m. and 5 a.m. Vice Mayor Pillot asked if consideration would be given to issuing temporary permits for visiting family members and guests? Deputy Chief Pillifant stated yes; that residents who expect overnight guests, e.g., during the holidays, could apply for a special permit exemption; that the parking problem identified in the study area is not related to overnight guests The following people came before the Commission: Fred Bacon, 1645 23rd Street (34234), stated that he has resided in Newtown for 43 years; that he and other family members have purchased homes in the area; that the 20-member Task Force is comprised primarily of 12 people from two families; that the conditions referenced by Deputy Chief Pillifant have not been viewed; that an apartheid condition should not be imposed on the neighborhood in response to a consensus reached by only 19 of over 400 residences; that no flyers were received at the three houses he owns on 24th Street, two in which family members reside and one which is currently vacant; that the notice of the December 3 meeting was not published in the Bulletin or Tempo newspapers, which have been utilized by the Police Department in the past to notify the black community of events; that parking permit programs have not been used to address parking issues in other areas of the City; that requiring residents to obtain special parking permits for overnight guests. is not acceptable to Book 40 Page 13984 12/16/96 6:00 P.M. Book 40 Page 13985 12/16/96 6:00 P.M. him or to his neighbors; that the Newtown area should not be treated differently than the rest of the neighborhoods in the City of Sarasota; that banning all parking on the streets would be more acceptable than imposing a parking permit requirement. Mr. Bacon distributed to the Commission copies of a letter outlining his statements. Commissioner Patterson stated that the City denied a request for a parking permit program on the residential streets to the west of U.S. 41 between Siesta Drive and Sarasota Memorial Hospital; that the residents requested the permit program to prevent non- neighborhood vehicles from parking on the streets; that the City denied the request based on the extensive cost associated with administering the program. Mr. Bacon stated that a parking permit program may be appropriate for residents in a neighborhood who experience difficulties accessing their properties; however, that problem does not exist on Dixie Avenue, where a limited number of single-family homes are located; that Newtown residents should not be requested to give up Constitutional rights to address a problem with crowds which exists only when school is not in session on Mondays; that the request for a parking permit program does not come from the neighborhood but from the Police Department. Commissioner Merrill stated that Deputy Chief Pillifant indicated an increase of 17 vehicles on Dixie Avenue on certain dates; and asked for clarification of Mr. Bacon's comment regarding Dixie Avenue. Mr. Bacon stated that 17 vehicles parking on 200 yards of street between 21st Street and Dr. Martin Luther King, Jr., Way does not represent a parking problem; that housing projects are located on both sides of Dixie Avenue; that vehicles park on both sides of the street. Mayor Cardamone asked if Mr. Bacon is disturbed by the noise which occurs in the neighborhood following a Teen Night? Mr. Bacon stated no; that in addition, his mother and sister who also reside in the neighborhood have not been disturbed by the noise; that any disturbance experienced at his residence on 23rd Street has been dealt with personally with the owner of the property from which the noise was emanating. Ed James, P.O. Box 160 (43230), stated that giving away civil liberties concerns him; that a parking permit program was not imposed to address concerns with noise raised by residents and merchants on St. Armands Circle; that parking enforcement was enhanced; that imposing a parking permit requirement in Newtown is not supported; that most parcels in Newtown are 50- by 100- foot lots; that yard space available for parking is limited; that many property owners have converted carports into additional rooms and utilize street parking; that residents leave for work at all hours; that friends or relatives visiting residents in Newtown should not be required to obtain a temporary parking permit; that residents should not have to ask permission to have overnight guests; that prohibiting all street parking, as enforced on other residential streets, is more favorable for the Newtown area than imposing the apartheid condition of permit parking; that a parking permit program would not be acceptable in any of the Commissioners' neighborhoods. Dr. James continued that the Task Force actually has only nine representatives as 12 of the members are from two families; that the 12 members representing two families and Jetson Grimes are the only Task Force members who reside in the affected neighborhood. Mayor Cardamone stated that the Commission was under the impression the Task Force represented the Newtown community and was working well with the City Administration to address community concerns; however, two, non-member residents have indicated the Task Force does not represent the majority interest; that a Task Force which represents a wide range of interests is necessary for the Commission to understand and properly react to the desires of the Newtown community. Dr. James stated that no other community in the City is expected to vote unanimously on any decisions; that the Commission is an elected body; that the Commission should rely on input from the District 1 Commissioner, who should be in a position to correct misinformation when presented. Commissioner Patterson stated that permit parking may be inappropriate for the Newtown community but is proposed to address a situation about which people have complained to the Commission; that she, personally, would rather have a parking permit program which provides for the issuance of temporary parking permits than to have street parking prohibited in her neighborhood; that the parking proposal developed by the Task Force and presented by City Staff is not discriminatory but allows a benefit not offered to other neighborhoods. Dr. James stated that the real issue the City is attempting to address is people gathering on Dr. Martin Luther King, Jr., Way; that attempting to resolve that issue by imposing a permit parking requirement on the residents, which has not occurred in any other City neighborhoods, is not appropriate. Book 40 Page 13986 12/16/96 6:00 P.M. Book 40 Page 13989 12/16/96 6:00 P.M. Commissioner Merrill stated that the legislative priorities of the MSLC are supported. Commissioner Dupree asked if the City could support the MSLC priorities but include the three priorities recommended by the City Manager? Commissioner Patterson stated that she will be lobbying in Tallahassee for both the MSLC and the FLC; that the MSLC brochure could reflect endorsement by the City of Sarasota. On motion of Commissioner Merrill and second of Vice Mayor Pillot, it was moved to endorse the legislative priorities of the ManaSota League of Cities and the City Manager's recommended priorities as the City of Sarasota's Legislative Priorities. Mayor Cardamone requested that Commissioner Patterson solicit support from the MSLC to include the City's priorities on the MSLC Legislative Priorities brochure. Commissioner Patterson requested that the Administration provide the necessary back-up material on the recommended priorities for presentation to the MSLC. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. City Auditor and Clerk Robinson stated that State Representative Shirley Brown will be seeking input on the City of Sarasota's Legislative Priorities from the City Commission at the January 21, 1996, regular City Commission meeting. Mayor Cardamone requested that the necessary back-up material regarding the City Manager's recommended priorities be provided to the Commission in advance. Commissioner Dupree asked if items individual Commissioners consider important could be added to the City's list of legislative priorities? Mayor Cardamone stated that Commissioners' individual priority items could be considered at the January 6, 1996, regular City Commission meeting. 23. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE OUIT CLAIM DEED FROM THE CITY OF SARASOTA, FLORIDA, TO CHARLES A. JOHNSON, AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 26, 1988, (AS TO AN UNDIVIDED ONE-THIRD INTEREST), K. C. KIEHL (AS TO AN UNDIVIDED ONE-THIRD INTEREST), AND JOHN N. CARLSON AND MARCIA S. CARLSON, HUSBAND AND WIFE (AS TO AN UNDIVIDED ONE-THIRD INTEREST), WHOSE POST OFFICE ADDRESS IS SUITE 103, 1830 SOUTH OSPREY AVENUE, SARASOTA, FLORIDA, 34239 - APPROVED (AGENDA ITEM VIII-2) #4 (1858) through (1993) Dennis Daughters, Director of Engineering, came before the Commission and stated that an encroachment exists along the Hillview Street portion of the property located at the corner of Hillview Street and Osprey Avenue; that the property owners installed brick face which extended five inches past the property line; that the Quit Claim Deed assigns five inches of the Hillview Street right-of-way to the property owners, who granted an easement on the Osprey Avenue portion of the property enabling the City to complete the plantings associated with the Southside Village Streetscape Project. V. Peter Schneider, Deputy City Manager, stated that the Administration recommends approving the Quit Claim Deed. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to approve the Quit Claim Deed as outlined. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Commissioner Patterson asked if the Southside Village Streetscape Project included the planting of shrubbery along the sidewalk on the perimeter of the subject property? Mr. Daughters stated yes; that the City is discussing the issue with the Florida Department of Transportation (FDOT); that the City's improvements on the corner of Hillview Street and Osprey Avenue were actually made on private property for which the City acquired an easement; however, FDOT is requiring that the property be acquired pursuant to Federal standards; that the original plan will be accomplished but may require City funding. 24. NEW BUSINESS: APPROVAL RE: AWARD OF CONTRACT TO HORTICULTURE INDUSTRIES, INC. SARASOTA, FLORIDA, (BID #96-116) IN THE AMOUNT OF $90,190 FOR BAYFRONT PARK MAINTENANCE - SUPPORTED THE FINDING OF THE CITY MANAGER AS SET FORTH IN A LETTER DATED DECEMBER 1, 1996, TO ROBERT COPLEN, ESQUIRE, AND APPROVED THE AWARD OF THE CONTRACT (AGENDA ITEM VIII-3) #4 (1993) through (2607) V. Peter Schneider, Deputy City Manager, stated that this item was originally scheduled for approval under Consent Agenda No. 1; however, an appeal of the city Manager's determination regarding a bid protest by LandTech Environmental Services, Inc., on the Book 40 Page 13990 12/16/96 6:00 P.M. Book 40 Page 13991 12/16/96 6:00 P.M. award of the bid to the lowest bidder, Horticultural Industries, Inc., has been filed; that the Commission has been provided a copy of the appeal to the Administration's determinations on the bid protest, the denial letter dated December 2, 1996, from the Deputy City Manager, as Purchasing Director, and a denial letter dated December 11, 1996, from the City Manager; that a final appeal to the City Commission is provided for under the administrative procedures established for bid-protests. Robert Coplen, Attorney, Kass Hodges P.A. and Christopher Phillips, President, LandTech Environmental Services, Inc., came before the Commission. Attorney Coplen stated that Kass Hodges, P.A., is representing LandTech Environmental Service, Inc., regarding an appeal of the award of Bid No. 96-116 for landscape maintenance at Bayfront Park to Horticultural Industries, Inc.; that the basis of the appeal is that the contract was awarded to a party that failed to properly and completely comply with General Provision No. 27 of the Invitation to Bid and the requirements of Page 2 of the transmittal letter accompanying the Invitation to Bid, which require mandatory attendance at the pre-bid conference; that Horticulture Industries did not attend the pre-bid meeting in the every day common understanding of mandatory attendance; that the four-page transcript regarding the pre-bid conference and the discussions of the specific contractual requirements for all bidding parties reflects arrival at the meeting by Horticultural Industries representatives four lines from the bottom of Page 4. Attorney Coplen continued that mandatory attendance at the pre- bid conference is required to flush out all questions and to explain specific contractual requirements for all bidding parties so bids can be submitted on an even keel; that the protest filed by Horticultural Industries erroneously referring to an improper base-bid bond amount submittal by LandTech Environmental Services admits a lack of knowledge of the specifics of the contractual requirements and of the method used to calculate the bid bond amount; that LandTech Environmental Services tendered a proper base-bid bond amount. Attorney Coplen stated further that the Administration's position that there is no requirement for a party to attend a substantial part of the mandatory pre-bid conference is problematic and clearly diminishes the integrity of the competitive bid process. Attorney Coplen requested that the Commission strike the bid proposal of Horticultural Industries, Inc., as nonresponsive, which is a remedy set forth in the bid proposal for parties who do not attend the mandatory bid conference; and stated that this will permit the bid to be awarded based on the merits of the bids and eliminate the appearance of impropriety in the award of bids to parties in noncompliance with the standards met by all other participants of a competitive bid process. Commissioner Dupree asked if the issue raised is that the late arrival of the Horticultural Industries at the pre-bid conference affects their understanding of the contract requirements? Attorney Coplen stated yes; that, for example, calculating the bid bond amount was discussed during the portion of the pre-bid conference Horticultural Industries missed; that Horticultural Industries has indicated in writing a lack of knowledge regarding the bid-bond calculation; that formulating a bid must have been difficult without receiving the specific, technical requirements and contractual provisions which were outlined at the pre-bid conference. Mr. Phillips stated that attending a pre-bid conference long enough to sign the attendance sheet is not the intent of the mandatory attendance requirement. Attorney Coplen stated that copies of the four-page transcript and the protest filed by Horticultural Industries are available for Commission review. Mr. Schneider stated that the protest filed by Horticultural Industries questioning the base-bid bond amount by LandTech Environmental Services is an entirely separate issue and not related to the appeal before the Commission; that Horticultural Industries submitted a proper bid bond; that Robert Gerkin, former Director of General Services, made the determination Horticultural Industries would be allowed to participate in the pre-bid conference and in the bid process when the late arrival of Horticultural Industries occurred at the pre-bid conference. Mr. Schneider continued that a pre-bid conference is held to allow prospective bidders an opportunity to ask questions and gain a better understanding of the bid specifications; that respondents who attend the pre-bid conference are not obligated to submit a bid; that many respondents understand the specifications, do not ask questions, and attend the pre-bid conference only to comply with the mandatory attendance requirement. Mr. Schneider further stated that after meeting with Mr. Phillips and listening to the tape of the pre-bid conference, he made the determination that Horticultural Industries was in attendance at the meeting and should be allowed to continue in the bid process; that, subsequently, the City Manager reviewed the issue on appeal and upheld his denial of the bid protest. Book 40 Page 13992 12/16/96 6:00 P.M. Book 40 Page 13993 12/16/96 6:00 P.M. Mr. Schneider stated that the Administration recommends approving the award of contract to Horticultural Industries, Inc., who will be responsible to perform at the level identified in the bid specifications. On motion of Commissioner Merrill and second of Vice Mayor Pillot, it was moved to support the finding of the City Manager as set forth in the letter dated December 11, 1996, addressed to Robert Coplen, Esquire, and to approve the award of contract to Horticultural Industries, Inc. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 25. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = ADMINISTRATION TO REPORT BACK REGARDING COUNTY COMMISSION DISCUSSION PERTAINING TO U.S. 41 PAVING (AGENDA ITEM X) #4 (2607) through (3046) COMMISSIONER PATTERSON: A. stated that the Florida Department of Transportation will begin paving U.S. 41 in January; that Osprey Avenue near Main Street is currently torn up for installation of reuse pipe; and requested departmental coordination to complete or delay projects which would block other arteries while FDOT completes the repaving of U.S. 41. B. stated that the newspaper indicated a discussion at the last Board of County Commissioners meeting regarding the possibility of the County's considering changes which would provide an opportunity for the paving currently planned to occur on U.S. 41 during the day to occur at night; that FDOT representatives in attendance at the Metropolitan Planning Organization (MPO) stated that the contractor would have to decide whether or not to take advantage of any opportunity made available by the County; and requested that the Administration follow-up on the issue. Mr. Schneider stated that John Wesley White, County Administrator, indicated that several County Commissioners voiced support for accommodating a more favorable paving schedule; that a public hearing has been scheduled on December 17, 1996, for the County Commission to discuss potential changes regarding the County's asphalt plant; that the Administration will advise the city Commission on the outcome of the County Commission's public hearing. C. stated that the City's priorities outlined in the Five Year Work Program were supported by the MPO. COMMISSIONER DUPREE: A. stated that the increased police activity along Central Avenue, in the Newtown area, and along Old Bradenton Road is encouraging; however, drug dealing activities by people on bicycles are still viewed, beginning at approximately 2 p.m. B. stated that many of the goals established by the Commission have been accomplished; however, vital issues remain unresolved; that men who are unable to acquire work or assistance through the welfare system, etc., often resort to crime; that performing an assessment to determine if the needs of people who want to work are adequately being met and addressing that issue could assist the City in meeting the established goals. COMMISSIONER MERRILL: A. stated that the tenants residing in a house on Waldemere Street whose activities had been troubling to the Arlington Park Neighborhood Association were successfully evicted by the landlord, Lee Fisher. VICE MAYOR PILLOT: A. stated that he will be out of the State and will not attend the January 6, 1996, regular City Commission meeting. MAYOR CARDAMONE: A. stated that the Council of Governments has requested that each City Commission, Board of County Commissioners, and School Board appoint a five-member, ad hoc task force to review past expenditures of Local Option Sales Tax (L.0.S.T), comment on potential future uses of L.O.S.T. funds, and meet with the other two task forces for the same purpose; and requested that City Auditor and Clerk Robinson announce the appointments. City Auditor and Clerk Robinson stated that the Commissioners selected members as follows: Commissioner Patterson: Gil Waters Commissioner Merrill: Devin Rutkowski Book 40 Page 13994 12/16/96 6:00 P.M. Book 40 Page 13995 12/16/96 6:00 P.M. Commissioner Dupree: Louethel Atkins Mayor Cardamone: John Browning Vice Mayor Pillot stated that his appointment will be forwarded to the City Auditor and Clerk once confirmed with the individual he has selected. Mayor Cardamone stated that Jay Davis, Mim Ferkes, Joel Freedman, Hugh Henkel, and Benny Weaver have been selected as members on the County Commission's task force. 26. ADJOURN (AGENDA ITEM XII) #4 (3050) There being no further business, Mayor Cardamone adjourned the regular meeting of December 16, 1996, at 12:10 a.m. huliee Carl MOLLIE C. CARDAMONE, MAYOR OIA ATT2ST a He A BIL - E ROBENSON, CITY AUDITOR AND CLERK