MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 19, 1993 AT 6:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Nora Patterson, Commissioners Fredd Atkins, Mollie Cardamone, and David Merrill, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance to the Flag. 1. CHANGE TO THE ORDERS OF THE DAY - APPROVED #1 (0027) through (0048) City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Add under Consent Agenda No. 1, Item No. III-A-9, Approval Re: Amendment to Municipal Services and Pre-Annexation Agreement On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. PRESENTATION RE: : EMPLOYEE OF THE MONTH FOR MARCH 1993 CONNIE MORTON, CHEMIST - PUBLIC WORKS = UTILITIES #1 (0050) through (0123) Gilbert Leacock, Director of Public Works, came before the Commission and introduced Connie Morton. Mr. Leacock stated that Ms. Morton is a chemist at the Water Treatment Plant laboratory who has been a City employee for over 15 years; that she is responsible for monitoring the quality of the water produced by the Plant; that Ms. Morton assists customers with water quality questions; that because of her personal interest in computers, she has been able to guide the laboratory in modernizing all of its record keeping activities; that she is a professional and conscientious employee who Serves With Excellence and Pride! Book 35 Page 9256 04/19/93 6:00 P.M. Book 35 Page 9257 04/19/93 6:00 P.M. Mayor Pillot stated that Ms. Morton's services in monitoring the quality of the treated water was, on one occasion, of critical importance to former Mayor Gurney, Commissioner Merrill, Public Works Director Leacock and him because they had wanted to demonstrate that the water being discharged into the Bay was clean water, and the four of them drank some of the water with the media present; that if Ms. Morton had not been doing her job, they might not be here today. Mayor Pillot presented Connie Morton with a plaque and certificate for Employee of the Month for March 1993 in appreciation of her unique performance with the City of Sarasota and congratulated her for her outstanding efforts. 3. PRESENTATION RE: SARASOTA BAY NATIONAL ESTUARY PROGRAM - REPORTS AND PICTURE RECEIVED #1 (0128) through (0204) Mark Alderson, Director of the Sarasota Bay National Estuary Program (NEP), came before the Commission and stated that over the last three years, the Sarasota Bay NEP had completed the most complex analysis done on any system in the State of Florida; that the NEP is very proud of this report which has been reviewed by experts around the country. Mr. Alderson presented the City Commission with the Sarasota Bay: Framework for Action report (a copy of which is on file in the Office of the City Auditor and Clerk), which is a full-blown environmental characterization of the problems and issues in the Bay; that the NEP will present an action plan to the Commission later this summer which will set priorities. Mr. Alderson continued that he looks forward to working with Commissioner Cardamone over the next few months to develop the restoration programs. Mr. Alderson stated that, on behalf of the Sarasota Bay National Estuary Program Policy Committee, he wanted to present a framed picture done by the local artist Tom Cross, which is also on the cover of the publication Sarasota Bay Reclaiming Paradise (a copy of which is on file in the Office of the City Auditor and Clerk), to the City which was accepted by Mayor Pillot. Mayor Pillot stated that Commissioner Cardamone would be representing the City Commission on the Sarasota Bay NEP; that carrying out the recommendations of the NEP was rated very high as one of the Commission's goals. 4. APPROVAL OF MINUTES - APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 5, 1993 - APPROVED (AGENDA ITEM I) #1 (0209) through (0218) On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to approve the Minutes of the Regular Sarasota City Commission Meeting of April 5, 1993. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 5. BOARD ACTIONS (AGENDA ITEM II) #1 (0219) through (0220) There were no Board Actions. 6. CONSENT AGENDA NO. 1: ITEMS 1, 2, 3,4, 5,6,7,8 AND 9 APPROVED (AGENDA ITEMS III-A-1, -2, -3, -4, -5, -6, -7, 8 AND 9) #1 (0221) through (0248) 1. Approval Re: Authorize Administration to advertise, interview and recommend vendors for Commission approval for Commercial Vendors in Selby Five Points Park and Pineapple Park 2. Approval Re: Acceptance of the 1991-92 Auditors' Management Letter and response 3. Approval Re: Transfer of Centennial Carriage License to St. Louis Carriage Co. 4. Approval Re: Purchase of 19 replacement vehicles for Police Department 5. Approval Re: Authorize Mayor and City Auditor and Clerk to execute the Eighth Amendment to Agreement for Planning and Landscape Design Services for the Bayfront Improvement Project 6. Approval Re: Accept Damage Assessment Report March 12-13, 1993 Storm and authorize Mayor and City Auditor and Clerk to acquire professional services for Tony Saprito Fishing Pier, Causeway Park Entrance Road and North Bird Key Park 7. Approval Re: Authorize Mayor and City Auditor and Clerk to execute the First Amendment to engineering services contract with Environmental Science & Engineering, Inc. 8. Approval Re: Authorize Mayor and City Auditor and Clerk to execute the Second Amendment to D.E.R. Consent Order pertaining to wastewater utility operations 9. Approval Re: Amendment to Municipal Services and Pre-Annexation Agreement Book 35 Page 9258 04/19/93 6:00 P.M. Book 35 Page 9259 04/19/93 6:00 P.M. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to approve Consent Agenda No. 1, Items 1 through 9. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 93R-652) - ADOPTED; ITEM 2 (RESOLUTION NO. 93R-653) = ADOPTED; ITEM 3 (ORDINANCE NO. 92-3548) = ADOPTED; ITEM 4 (ORDINANCE NO. 93-3671) = ADOPTED; ITEM 5 (ORDINANCE NO. 93-3672) = ADOPTED: ITEM 6 (ORDINANCE NO. 93-3676) = ADOPTED; ITEM 7 (ORDINANCE NO. 93-3678) ADOPTED; ITEM 8 (ORDINANCE NO. 93-3679) ADOPTED; ITEM 9 (ORDINANCE NO. 93-3680) = ADOPTED; ITEM 10 (ORDINANCE NO. 93-3688) = ADOPTED; ITEM 11 (ORDINANCE NO. 93-3689) = ADOPTED; AND ITEM 12 (ORDINANCE NO. 93-3690) = ADOPTED (AGENDA ITEMS III-B-1, -2, -3, 4, -5, -6, -7, -8, -9, -10, -11, AND -12) #1 (0249) through (0495) Mayor Pillot asked the City Auditor and Clerk to explain why each of these items has to be read by him. City Auditor and Clerk Robinson stated that the City's Charter, as well as State Law, requires that an ordinance before the City Commission has a public hearing at first reading; that the second reading of an ordinance does not have a public hearing but ordinances and resolutions must be read by Title Only a second time before adoption. Mayor Pillot stated that since there are 12 items to be read tonight, it will take a few minutes and it may seem that the Commission is inattentive or moving about, but all of the Commissioners have read and thoroughly reviewed these items already, so they are not being inattentive during this second reading. Mr. Robinson read proposed Resolution Nos. 93R-652 and 93R-653 and Ordinance Nos. 92-3548, 93-3671, 93-3672, 93-3676, 93-3678, 93-3679, 93-3680, 93-3688, 93-3689, and 93-3690 by title only. 1. Adoption Re: Proposed Resolution No. 93R-652 accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein 2. Adoption Re: Proposed Resolution No. 93R-653, authorizing the submittal of an application to the Florida Department of Natural Resources for Beach Management Trust Funds for fiscal year 1994/95 for the proposed Long Range Beach Management and Erosion Control Plan for Lido Key 3. Adoption Re: Second reading of proposed Ordinance No. 92-3548, amending Article VIII, Division 2, of the Zoning Code pertaining to the minimum lot width for single-family dwellings in the RSF-3 Zone District; reducing the minimum lot width for single-family dwellings in the RSF-3 Zone District when surrounding properties are already developed at the reduced lot width; amending Article II, Zoning Code, to authorize the city Commission to grant variances to change the minimum lot width from seventy feet to fifty feet as set forth herein; setting forth findings as to intent and purpose; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) 4. Adoption Re: Second reading of proposed Ordinance No. 93-3671, providing for the conditional rezoning from RMF-5 Zone District to CRT Zone District on real property described as follows: Lots 1 through 7 inclusive, sub of Lot 9, Block Z, as recorded in plat book 1, Page 204, Public Records of Sarasota County, Florida; and Lots 8 through 10, Block Z, Plat of Sarasota as recorded in plat book 1, Page 257, Public Records of Sarasota County, Florida; also known as 1576 8th Street; as more particularly described herein; etc. (Title Only) (Petition 93-CO-01, DeVito) 5. Adoption Re: Second reading of proposed Ordinance No. 93-3672, providing for the designation of the structure located at 1375 Fruitville Road, historically known as the Livery Stable/Inn, as a structure of historic significance pursuant to the historic preservation ordinance of the city of Sarasota; etc. (Title Only) (Petition No. 93-HD-05, Whit Rylee) 6. Adoption Re: Second reading of proposed Ordinance No. 93-3676, granting a time extension for the filing of a Final Site & Development Plan and the obtaining of a Building Permit pertaining to Petition 90-V for a period of one year; providing for the continuation of the conditional rezoning from RMF-4 to WFR-B Zone District, for a period of one year, of the following described property: that parcel of land on the west side of North Tamiami Trail opposite 13th, 14th and 15th Streets with a street address of 1201 and 1301 North Tamiami Trail, as more particularly described herein; setting forth findings as to the circumstances of the automatic expiration of Petition 90-V; etc. (Title Only) (Petition No. 90-CO-04, Saba) 7. Adoption Re: Second reading of proposed Ordinance No. 93-3678, amending Article VIII, Division 2, Single-Family Book 35 Page 9260 04/19/93 6:00 P.M. Book 35 Page 9261 04/19/93 6:00 P.M. Residential (RSF) and Division 3, Multiple-Family Residential (RMF) of the Zoning Code; deleting from the RSF-4 and RMF Districts Special Exceptions therein for off-street parking for commercial, office, and institutional uses; setting forth findings as to intent and purpose; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) 8. Adoption Re: Second reading of proposed Ordinance No. 93-3679, amending Article VIII, Division 22, of the Zoning Code pertaining to the Theater and Arts District (TAD) ; deleting the requirement to obtain a special exception to operate an open air facility within the TAD; providing that open air facilities shall be a permitted principal use in the TAD; setting forth findings as to intent and purpose; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) 9. Adoption Re: Second reading of proposed Ordinance No. 93-3680, amending Article VIII, Division 12, of the Zoning Code pertaining to the Commercial, Central Business District (C-CBD) i deleting the requirement to obtain a permit from the planning department to operate an open air dining facility upon private property within the C-CBD Zone; setting forth findings as to intent and purpose; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) 10. Adoption Re: Second reading of proposed Ordinance No. 93-3688, annexing certain real property lying contiguous to the City limits, into the corporate limits of the City of Sarasota as petitioned by Ronald H. Marvin and Gloria A. Marvin; said real property being described as follows: a parcel of land with frontage of approximately 100 feet lying on the north side of Bee Ridge Road just east of School Avenue; said parcel is known as the Sparkle Car Wash with a street address of 2215 Bee Ridge Road; more particularly described herein; making findings; redefining the boundary lines of the City of Sarasota to include said real property; etc. (Title Only) (Petition No. 93-ANNEX-02, Marvin) 11. Adoption Re: Second reading of proposed Ordinance No. 93-3689, annexing certain real property lying contiguous to the City limits, into the corporate limits of the City of Sarasota as petitioned by Rick Rockafellow for Yorkridge Properties, Inc. said real property being described as follows: a parcel of land with frontage of approximately 50 feet lying on the north side of Bee Ridge Road just east of School Avenue; said parcel is known as the City Electric Supply Co. with a street address of 2239 Bee Ridge Road; more particularly described herein; making findings; redefining the boundary lines of the City of Sarasota to include said real propertyi etc. (Title Only) (Petition No. 93-ANNEX-03, Rockafellow/Dempser, 12. Adoption Re: Second reading of proposed Ordinance No. 93-3690, annexing certain real property lying contiguous to the City limits, into the corporate limits of the city of Sarasota as petitioned by Mark Scott Scime for Charles Gamson and Susan Gamson, said real property being described as follows: a parcel of land located on the northwest corner of the intersection of Goodrich Avenue and Myrtle Street, with street frontage on the north side of Myrtle Street of approximately 400 feet; said parcel is known as the Scrap-all Recycling Center; more particularly described herein; making findings; redefining the boundary lines of the City of Sarasota to include said real property; etc. (Title Only) (Petition No. 93-ANNEX-04, Gamson) On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 2, Items 1 through 12. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot noted that public hearings were advertised for 7:00 p.m. and since it was not that time, the next item to come before the City Commission would be Scheduled Presentations. 8. SCHEDULED PRESENTATIONS = PRESENTATION RE: AFRO AMERICAN BUSINESS ASSOCIATION AND FRIENDS OF NEWTOWN JUNETEENTH CELEBRATION = REFERRED TO ADMINISTRATION (AGENDA ITEM V-1) #1 (0510) through (0776) Sister Jennifer X, 1741 Dr. Martin Luther King, Jr. Way, Jennifer Y. Davis, 1834 23rd Street, and Dana Smith, no address given, came before the Commission. Sister Jennifer X stated that they were present to invite the City to join with the Newtown Community in its First Annual Juneteenth Celebration to be held on June 18, 19, and 20; that a Juneteenth Celebration is a commemoration of the signing of the Emancipation Proclamation in 1863 by President Abraham Lincoln which freed the slaves; that it was signed in January but word did not get to Slave Row until June 19th and a three-day celebration followed; that that is why it is remembered as Juneteenth; that she feels this celebration will be a motivator for the community which will cause Book 35 Page 9262 04/19/93 6:00 P.M. Book 35 Page 9263 04/19/93 6:00 P.M. residents to do something for themselves. Sister X continued that a three-day street fair is planned with vending and various other activities; that she is asking that the City support this celebration in any way it can with in-kind services of any sort. Sister Jennifer Davis stated that she is on the Juneteenth Committee and is in charge of the Baby Contest and several other activities; that she has recruited assistance from businesses and residents in the community; that they plan to present plaques to businesses who have been serving the community for a long time; that the Juneteenth Committee will provide security for the event. Dana Smith stated that she is the secretary of the Juneteenth Committee and handles the paperwork; that she is from Belize and is trying to encourage foreigners, mainly from the Caribbean, to have a booth at the festival to introduce people to their countries. Mayor Pillot congratulated Sister Jennifer X on the very nice article about her work in the Newtown community which was in the Sarasota Herald-rribune today. Sister X stated that the picture next to that article showed the planners who are working on the 20-Year Vision for Newtown which is to be like Ybor City with an African twist. Commissioner Cardamone stated that she thought the celebration sounded wonderful. City Manager Sollenberger stated that ordinarily support for this type of event is scheduled in advance through the City's budget; however, if the Commission would like to participate with support, he suggested that the matter be referred to the Administration through Deputy City Manager Schneider and the request can be evaluated and a report presented with a recommendation to the Commission at its next regular meeting. Commissioner Atkins stated that he recommends that the Commission refer this item to the Administration to determine exactly what support the Committee would like from the City; that security is one of the most expensive parts of this type of celebration along with garbage pickup and barricades to close streets. It was the consensus of the Commission to refer the request for support of the Juneteenth Celebration to the Administration for evaluation and a recommendation to be presented at the Commission's next regular meeting. 9. SCHEDULED PRESENTATIONS = PRESENTATION RE: CLAIM OF JERRY GLAUSER REGARDING USAGE OF ALDERMAN ROAD/OSPREY ROAD RIGHF-OF-WAY = REFERRED TO CITY MANAGER FOR RECOMMENDATION (AGENDA ITEM V-2) #1 (0777) through (1355) Attorney Ronald D. Cook, with Nelson, Hesse, et al, came before the Commission and stated that he represents the interests of S. J. (Jerry) Glauser; that the dispute involves a parcel of property owned by Mr. Glauser located at the corner of Alderman Street and Osprey Avenue and a 30 foot right-of-way that is approximately 235 feet in length. Attorney Cook continued that Mr. Glauser had contacted him and informed him that his property was being torn up; that at the time Mr. Glauser was unaware that this was right-of-way and thought the property belonged to him. Attorney Cook stated further that Mr. Glauser as well as all of his predecessors and interests for approximately 30 years have utilized this particular right-of-way as if it was their own; that Mr. Glauser and his predecessors have always openly and continuously used this parcel of property in connection with their automobile and/or boat dealerships that have been maintained there. Attorney Cook continued that a meeting was held between Mr. Glauser, the Senior Friendship Center, the City of Sarasota Engineering Department and legal counsel for all parties to attempt to resolve a conflict in usage or requested usages of this particular piece of property; that what evolved at this meeting is as follows: the City leasing the northern half of the right-of-way to the Senior Friendship Center for use as a parking lot; and the City quit-claiming its interest in the southern portion of the right-of-way to Mr. Glauser in settlement of any estoppel claims Mr. Glauser may have for the utilization of the right-of-way. Attorney Cook stated that he is asking the Commission to eithers a. quit-claim the southern half of this right-of-way to Mr. Glauser as consideration of his release of any potential claims he may have against the city as well as the Senior Friendship Center for destruction of his personal property, or b. stop the construction in the northern half of the right-of-way and readdress at a later point in time Mr. Glauser's usage of the northern half of the right-of-way. City Manager Sollenberger stated that it was his understanding that the matter had been resolved between the parties; that his position is that the property should be sold because right-of-way that is owned by fee title owned by the City is usually sold when it vacates such right-of-way; that right-of-way which is vacated that had been dedicated to public use by the adjoining property owners reverts back to the owner of the property from which it had Book 35 Page 9264 04/19/93 6:00 P.M. Book 35 Page 9265 04/19/93 6:00 P.M. originally been deeded through the City for the right-of-way purpose. City Attorney Taylor stated that the property is owned by the City and it is not a situation where the property is owned by Mr. Glauser as an abutting property owner; that the fee title is in the City encumbered by a right-of-way that the City has imposed on it; that the Commission's dealings with the Senior Friendship Center has determined that the City would make some of this alleyway available to the Senior Friendship Center for the enlargement of their parking lot. Attorney Taylor continued that he has received authority from the Commission to prepare the necessary documents that would unencumber this property with the right-of-way designation; that the transaction involving the Senior Friendship Center is a lease and the City will retain the fee title to the property; that as a matter of policy (not a legal issue) if you have a piece of City-owned property which the city no longer needs to encumber with a right-of-way and the step is taken to unencumber the property and make it available, the question is whether the right-of-way should it be given to the person who has requested it or sold to him; that the decision has been made as a matter of policy that the transaction will be one of sale and purchase. Attorney Taylor stated that he is not impressed with Mr. Glauser's legal position and is not overly concerned about the potential for estoppel to the point to have the City give away this property because the threat of estoppel exists. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to refer this to the City Manager for his recommendation. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot noted that public hearings were advertised for 7:00 p.m. and since it was not that time, the next item to come before the City Commission would be Citizens' Input. 10. CITIZENS' INPUT (AGENDA ITEM VI) #1 (1360) through (1591) Hugh R. Herring, 1257 17th Street, came before the Commission and stated that his concern for public safety is because he lives in a neighborhood that has a serious public safety problem; that he talked with Police Chief Jolly last week and was told that the City of Sarasota has 13 full-time drug enforcement officers and he feels that is not nearly enough considering the size of the drug problem in Sarasota; that he would be in favor of paying more taxes to go toward drug enforcement; that he wants to be sure the City does not decide to cut back on police protection in the neighborhoods when the item placed on the agenda by Vice Mayor Patterson regarding public safety expenditures is discussed tonight, but that the City will increase protection and drug enforcement. Commissioner Atkins stated that Mr. Herring and other residents have organized a Neighborhood Crime Watch, but the drug activity in his neighborhood has gotten worse and the residents are seeking relief and he had suggested that they contact Police Chief Jolly. Mr. Herring stated that he feels Chief Jolly is addressing the problem with the ammunition that he has to fight with; that he understands that part of the problem lies with the courts and the judges. Commissioner Merrill stated that a big part of the problem is the difficulty of enforcing drug laws; that he appreciates Mr. Herring's efforts in forming a Neighborhood Crime Watch because it is a big help; that perhaps Mr. Herring should also contact his State Representatives on this problem. Vice Mayor Patterson stated that she wanted to reassure Mr. Herring that she has no proposal to cut manpower on the police force; that the purpose of the agenda item she has requested is to ask for some examination of the police resources and how these resources are being utilized. 11. UNFINISHED BUSINESS = DISCUSSION RE: TRANSITION OF CERTAIN TYPES OF SPECIAL EXCEPTIONS TO A USE PERMIT THAT IS REVOCABLE - TO BE BROUGHT BACK TO THE COMMISSION NO LATER THAN MAY 17, 1993 (AGENDA ITEM VII-2) #1 (1598) through (1883) City Attorney Taylor stated that since the issue of special exceptions has been subject to discussion at prior meetings, he wanted to give the Commission a status report to let them know that his office, with the assistance of the Deputy City Manager, is proceeding and will bring back a suggested ordinance which will change the special exception process as it relates to accessory uses to hotels and motels, and uses within the Marine Park zone, which is where the City has a number of difficulties in enforcing the terms and conditions of special exceptions. Attorney Taylor continued that he wanted to let the Commission know that the problem is much broader than those particular zone districts that he has mentioned and there is a much bigger job to be done that would require effort from the Planning Department and the Planning Board/Local Planning Agency. Attorney Taylor stated that the Commission might want to give further direction as to what it wants done with those special exceptions that are more major and significant in nature than things like jet ski rentals and excursion boats. Book 35 Page 9266 04/19/93 6:00 P.M. Book 35 Page 9267 04/19/93 6:00 P.M. Deputy City Manager Schneider stated that in the immediate future the City is going to work on the relatively simple uses and then address the more complex uses in another wayi that a recommendation would be brought back to the Commission no later than the second Commission meeting in May. Commissioner Merrill asked whether the same procedure could be used for both the complex issues and the simple issues; that he would like to see the special exception process be more like a license. Attorney Taylor stated that because of the property rights attendant to a land use after official action, he has been concerned that the process that is being evaluated to deal with jet skis may not have enough due process involved in it; that for the more significant types of uses that the Planning Department, in conjunction with the Planning Board, might be able to offer some experiences from other jurisdictions. Commissioner Merrill asked that the City Attorney write down some of the difficulties to which he refers and present them to the Commission when this issue is next before them. Attorney Taylor stated that he would do that. City Manager Sollenberger stated that he felt the city Attorney had outlined a good course of action and that it should be followed. 12. UNFINISHED BUSINESS = APPROVAL RE: AUTHORIZE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE A CONTRACT WITH HOUSTON LANDSCAPING SYSTEMS, INC. (HLS) FOR THE MAIN STREET IMPROVEMENTS - R.F.P. #93-65 = AWARDED BID TO HLS COMPANIEB-FLORIDA. INC. (AGENDA ITEM VII-3) #1 (1886) through (2041) Robert Gerkin, Director of General Services, and Dennis Daughters, City Engineer, came before the Commission. Mr. Gerkin stated that the amount of funds available for the construction of the Main Street project is $1.64 million; that it is imperative that the bid is awarded for an amount not to exceed this figure; that he recommends that the Commission award the construction contract to HLS Companies-Plorida, Inc. in the amount of $1,631,632.43; that this figure was achieved through deductive alternate #14. Mayor Pillot asked for an explanation of a deductive alternate. Mr. Daughters stated that a deductive alternate is an alternate wherein the project is modified by reducing the scope of work; therefore, it becomes a monetary deduction; that deductive alternates are taken in priority order sO everyone is bidding on the same level. City Manager Sollenberger stated that he recommends award of the bid. On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to award the bid to HLS (Houston Landscaping Systems) Companies-Floride, Inc.. Mr. Gerkin stated that this would be a tentative award subject to the approval of the EDA (Economic Development Administration). Mayor Pillot called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot requested that City Auditor and Clerk Robinson explain the public hearing process. Mr. Robinson stated that at this time the 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; that he will time speakers and advise them when they have 1 minute remaining. All individuals wishing to speak during the public hearings were requested to stand and be sworn in by City Auditor and Clerk Robinson. Vice Mayor Patterson left the Commission Chambers at 7:00 p.m. 13. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3665, AMENDING THE ZONING CODE OF THE CITY OF SARASOTA; BY ESTABLISHING A NEW ZONE DISTRICT TO BE KNOWN AS THE COMMERCIAL BUSINESS-NEWTOHN (CBN) ZONE DISTRICT; STATING THE INTENT AND PURPOSE OF THE CBN DISTRICT; PROVIDING FOR PERMITTED PRINCIPAL AND ACCESSORY USES WITHIN SAID DISTRICT AND PROVIDING FOR USES PERMISSIBLE BY SPECIAL EXCEI PTION; DEFINING TERMS, ; PROVIDING FOR DISTRICT REGULATIONS TO BE APPLIED WITHIN THE CBN ZONE DISTRICT AS MORE FULLY SET FORTH HEREIN; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) PASSED ON FIRST READING; AUTHORIZED STAFF TO PROCEED WITH CITY-INITIATED REZONING OR PROPERTY CURRENTLY ZONED CN ALONG DR. MARTIN LUTHER KING, JR. WAY; AND AUTHORIZED STAFF TO WAIVE REZONING FEE FOR PROPERTY ELIGIBLE FOR CN ZONING ON FUTURE LAND USE MAP 13 OF THE SARASOTA CITY PLAN (AGENDA ITEM IV-1) #1 (2045) through (2758) City Manager Sollenberger stated that this proposed zone district is a staff-initiated proposal following a sector study of Dr. Martin Luther King, Jr. Way (MLK) . Jane Robinson, Direct of Planning and Development, and Carolyn Mason, Administrative Assistant for Planning and Development, came before the Commission. Ms. Robinson stated that a public meeting had been held at the Newtown Community Center on February 25, 1993 and the following issues were discussed: Book 35 Page 9268 04/19/93 6:00 P.M. Book 35 Page 9269 04/19/93 6:00 P.M. > Proposed New Zone District for Dr. Martin Luther King, Jr. Way > Overnight Parking Prohibition > Parking Lots > Churches on less than Two Acres in Residential Zones > Signage for African-American Business District Ms. Robinson stated that the issue of prohibiting overnight parking on MLK Way was discussed because of the concern of loitering and noise; that the consensus of those present was that prohibiting overnight parking was not the solution to the problem; that the Commission had agreed to incorporate the purchase of parking lots in the proposed CBN (Commercial Business-Newtown) Zone District into the Capital Improvements Program (C.I.P.); that there was not much input at the meeting of February 25 with regard to churches on less than two acres in residential zones and this has been an issue that the City has grappled with for several years; however, the majority of the Planning Board/Local Planning Agency thought that the change should not be made because it would be a special exception, which the City has been having problems regarding enforcement and rights of the special exceptions. Vice Mayor Patterson returned to the Commission Chambers at 7:03 p.m. Ms. Robinson stated that a request was made to place signage for the African-American Business District at U.S. 301 and U.S. 41; that there was no consensus that the business district signage should be pursued with the Florida Department of Transportation. Ms. Robinson continued that the proposed CBN Zone District was conceived because it was determined that the business district along MLK Way was not functioning properly and it was felt that the main reason was because there was highway zoning when the area is actually a pedestrian-oriented area with edestrian-oriented activity; that a zone was designed to better accommodate the activities that occur along MLK Way; that the AIA (American Institute of Architects) tested the zone district to make sure that it would be workable and would achieve what was desired for the district. Ms. Robinson stated further that the boundaries of the district are MLK Way from U.S. 301 west to Cocoanut Avenue; that the Impact Management Area (IMA) which allows the rezoning to occur does not extend for this whole strip; that the zoning district requirements were relaxed relative to setbacks and parking and added some desirable uses as well as prohibiting some undesirable uses, such as bars and game rooms; however, it was felt by the community that game rooms are not a bad idea but sometimes provide the opportunity for negative activity; that the Planning Staff suggested that a game room could be allowed by a conditional use. Ms. Robinson continued that it was recommended that the City initiate a rezoning to all the property in the IMA that is zoned Commercial Neighborhood (CN) to Commercial Business-Newtown (CBN) and the properties that are in the IMA that are zoned Residential be initiated privately but that the City would waive the fees. Mayor Pillot opened the public hearing. The following individuals came before the Commission: Sister Jennifer X, 1741 Dr. Martin Luther King, Jr. Way, stated that the community is in favor of the rezoning but want it to be conducive to the growth of the community and believe some of the changes could be restrictive to the future of Newtown in its 20/20 Vision Plan which has just begun; that if the Commission decides to adopt the CBN district, the community would like another opportunity to suggest changes after developing its 20/20 Vision Plan; that the community's Vision Plan is to make the Newtown area into a street market tourist attraction. Jennifer Y. Davis, 1834 23rd Street, stated that she also feels some of the uses prohibited would limit the Newtown community growth which they envision; that if game rooms are prohibited the young people will have to stand on the street corners; that they are trying to make their community a better place and to attract tourists and restricting bars might hinder this. Ms. Robinson stated that planning is always ongoing and the CBN Zone District could be amended in the future. James West, 1507 25th Street, stated that he is a property owner on MLK Way and owns the J&L Barbecue Place and has been there for 34 years; that he feels MLK Way from U.S. 301 to U.S. 41 should be widened and landscaped with trees as a buffer. There was no one else to speak and Mayor Pillot closed the public hearing. city Auditor and Clerk Robinson read proposed Ordinance No. 93-3665 by title only. On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to approve the Administration's Recommendation to: adopt the proposed CBN Zone District on first reading, authorize Staff to proceed with City-initiated rezoning of property currently zoned CN along Dr. Martin Luther King, Jr. Way, and authorize Staff to waive the rezoning fee for property eligible for CN zoning on Future Land Use Map 13 of the Sarasota City Plan. City Attorney Taylor stated that he wanted to advise the Commission that the scrivener had made an error in the ordinance before them Book 35 Page 9270 04/19/93 6:00 P.M. Book 35 Page 9271 04/19/93 6:00 P.M. and that, if the Commission concurs, in the preparation of the final draft of this proposed ordinance before second reading language will be inserted that residential dwelling units containing efficiencies or one-bedroom units will be required to have a parking space of one space per bedroom or efficiency and two parking spaces will be required for two-bedroom units. Ms. Robinson stated that this requirement would be for efficiencies and the parking standard would be based on number of bedrooms rather than square footage; that if a residential area is above an office or commercial use, the floor area ratio would be used so it will not be as restrictive. Mayor Pillot called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. It was the consensus of the Commission to have language inserted in the proposed ordinance between first and second reading to establish parking requirements for efficiency units. 14. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 92-3589, TO VACATE THAT PORTION OF 16TH STREET LYING EAST OF ORANGE AVENUE AND EXTENDING TO GOODRICH AVENUE WITHIN THE CITY LIMITS OF THE CITY OF SARASOTA, FLORIDA (THE METES AND BOUNDS LEGAL DESCRIPTION IS AVAILABLE IN THE OFFICE OF THE CITY AUDITOR AND CLERK); MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 92-SV-03) PASSED ON FIRST READING (AGENDA ITEM IV-2) #1 (2760) through (3263) Jane Robinson, Director of Planning and Development, came before the Commission and stated that this was a proposed street vacation of 16th Street east of Orange Avenue extending to Goodrich Avenue; that the Planning Board/Local Planning Agency recommended approval with the following conditions: the petitioner dedicate the necessary utility easements; the petitioner construct a public, access turnaround at the west end of the proposed vacated right-of-way designed and constructed per City Code; and the petitioner remove the encroachments within the area where the access turnaround is to be constructed. Ms. Robinson stated that the encroachments are trailers in the Orange Avenue Trailer Park. Ms. Robinson presented and explained a slide show of the subject area to the Commission. Commissioner Merrill left. the Commission Chambers at 7:16 p.m. City Manager Sollenberger stated that the portion of 16th Street at this location has been permitted for use by the Human Services Center for parking until such time as the adjacent property owner would require it for access. Mayor Pillot opened the public hearing. The following individuals came before the Commission: Dr. Kay Glasser, 700 Ringling Boulevard #905, representing the Human Services Center, stated that she is the president and founder of the Human Services Center and the Center is the next-door neighbor to the Orange Avenue Trailer Park; that the Center is situated on City-owned land which the City was kind enough to lease to the Center; that the Center is grateful for the support of the City; that the Center has done everything it can within its limited budget to ensure the safety of the property; that the Center has installed alarm systems in every agency, security screens in all the windows, and hired a guard who patrols the entire area regularly; that the Center respects the efforts of the Orange Avenue Trailer Park to improve the property because they are good neighbors; that the Center would appreciate the city vacating the portion of 16th Street for the benefit of the trailer park and the Center. Paul R. Babbidge, 1500 N. Orange Avenue, #109, representing the residents of Orange Avenue Trailer Park, stated that he had sent a letter to all of the Commissioners and would like to read it into the record tonight. "I am a resident of Orange Ave. Trailer Park located at 1500 North Orange Ave., Sarasota. I have lived here for the last five years. Being a snowbird, I spend six months here and six months in my home state of Massachusetts. I am, however, a Florida resident and a registered voter in Sarasota. I live on Fourth Street in the Park, which is 16th Street on the City map. I attended the Planning Board's public hearing on March 10th at City Hall = Petition No. 92-SV-03. It was in reference to an ordinance to vacate that portion of 16th Street lying east of Orange Ave. and extending to Goodrich Ave. within the City Limits of the City of Sarasota Ordinance No. 92-3589. This ordinance was approved by the Planning Board by a vote of 5 to 0. This portion of 16th Street has been maintained by past owners of Orange Ave. Trailer Park as well as the present owner, Mr. George Ray. The City of Sarasota has never used this part of 16th Street for the flow of traffic and I feel it is vital to the residents of Orange Ave. Trailer Park that Mr. Ray be given title to this land. Right now he is in the process of upgrading the Park and he would like to pave Fourth Street, which is 16th Street, and erect a Book 35 Page 9272 04/19/93 6:00 P.M. Book 35 Page 9273 04/19/93 6:00 P.M. fence. It would be adjacent to the parking lot owned by HRS (Health & Rehabilitative Services) e We have the support of Dr. Glasser, president of the Human Services Center on this project. I urge the City Commissioners to support this ordinance and the recommendation of the Planning Board. Obtaining this land would enhance the security of the hundred families who reside in the Park. I thank you for your consideration of this important matter." 7 There was no one else to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 92-3589 by title only. City Manager Sollenberger stated that he recommended approval of the proposed ordinance. Commissioner Merrill returned to the Commission Chambers at 7:23 p.m. On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to approve proposed Ordinance No. 92-3589. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 15. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3675, AMENDING CHAPTER 30, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE III, THOROUGHFARE PLAN, SECTION 30-54, MAJOR COLLECTOR STREETS DESIGNATED, TO DELETE CERTAIN STREETS FROM THE LIST OF MAJOR COLLECTOR STREETS DESIGNATED THEREIN; MAKING FINDINGS AS TO NEED: REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF: ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-3) #1 (3265) through (3664) Dennis Daughters, City Engineer, came before the Commission and stated that at the request of the residents along South Boulevard of the Presidents he had looked at alternatives to assist them in traffic abatement; that one alternative is to change the classification of South Boulevard of the Presidents and Taft Drive from the major collector street designation they have to a local street so that traffic abatement alternatives can be considered; that he recommended that the proposed ordinance delete South Boulevard of the Presidents from St. Armands Circle to Taft Drive as a major collector street and that Taft Drive from South Boulevard of the Presidents to Ben Franklin Drive also be deleted as a major collector street. Mr. Daughters continued that that would leave Ben Franklin Drive as the designated thoroughfare plan street on South Lido Key. Vice Mayor Patterson stated that the agenda package contained a petition to change the speed limit from 30 miles per hour to 25 miles per hour on South Boulevard of the Presidents and she thought that almost a year ago the Commission had voted to downgrade the speed limits on all residential streets to 25 miles per hour. Mr. Daughters stated that the speed limit could not be reduced on these two streets because they are thoroughfare plan designated streets; that this is one of the steps the City needs to take toward lowering the speed limits on all City residential streets. Vice Mayor Patterson asked when the City would move ahead with those streets that are already named residential streets to downgrade speed limits to 25 miles per hour? Mr. Daughters stated that they are in the process of doing this now by working with the City Attorney's office on such an ordinance. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3675 by title only. city Manager Sollenberger stated that this proposed ordinance has his approval. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to pass on first reading proposed Ordinance No. 93-3675. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot stated that the Commission would again accept citizens' Input at this time. 16. CITIZENS' INPUT ADMINISTRATION TO PRESENT A WRITTEN RECOMMENDATION TO THE CITY COMMISSION ON MS. BONNIE WAGONER'S CLAIM AT MEETING OF MAY 3, 1993 (AGENDA ITEM VI) #1 (3667) through #2 (1030) Melanie Eckstein, 1240 4th Street, came before the Commission and stated that she lives on the south side of the street where parking is allowed; that for five consecutive Mondays when BFI (Browning Ferris Industries) has come down her street to collect trash they have not collected her trash because cars were parked in front of her container; that she would then call BFI and a small pickup truck would come by to collect her trash later that day or a few days later; that the sixth week she waited for the BFI truck driver who told her that he could not collect trash when cars are parked in front of the containers and suggested that she place the container on top of the car that was blocking her container; that Book 35 Page 9274 04/19/93 6:00 P.M. Book 35 Page 9275 04/19/93 6:00 P.M. BFI refuses to use the service alleys that are available and she does not understand why. City Manager Sollenberger stated that he would talk with BFI about this situation because their obligation is to provide curbside pickup. Ms. Eckstein stated that some of her neighbors who live on 3rd Way have complained about automobiles being driven quite fast in this alley because people are using 3rd Way to bypass Fruitville Road; that she as well as her neighbors feel that some speed bumps might help alleviate this situation. Mayor Pillot asked her if this was near North Tamiami Trail. Ms. Eckstein stated that it is between Cocoanut Avenue and U.S. 41. Mr. Sollenberger stated that he would have the Engineering Department look into the possibility of speed bumps. Ms. Eckstein thanked the Commission for the street lights recently installed in her neighborhood. Bonnie J. Wagoner, 1714 Devonshire Lane, came before the Commission and stated that she wanted to speak to them about the flooding on Devonshire Lane; that she had forgotten to tell the Commission that last fall after the heavy rains that had occurred in the area, the City Attorney, Assistant City Attorney, City Manager, Deputy City Manager, and the City Engineer came to Devonshire Lane and observed her house as it flooded; that they had decided that it didn't take a genius to see what the problem was; that there is a weir at the end of Devonshire Lane and the three drainage pipes (at the weir) were removed and something large was installed that goes all the way down into the creek and the water can now get into the creek; that she apologizes for not having acknowledged this earlier and to say "thank you for the City having corrected the problem. 99 Ms. Wagoner stated further that there is some other work scheduled to be done on Devonshire Lane and feels that when that is completed the inverted crown problem will be corrected. Ms. Wagoner continued that back when this flooding problem first started, had the previous Administration and the previous Commissioners given this kind of attention to the problem, she would not be before this Commission today and her home would not have been ruined; that she would not have contracted spinal meningitis and ulcers; that City Manager Sollenberger came to the mediation hearing without the authority to settle because he is limited by law as to what type of claim he can settle as well as the amount for which he can settle a claim; that no one was present from Risk Management or the insurance company; that she went to mediation prepared to settle this issue for a lot less money than was mentioned at the Commission table, but she wonders whether the City is prepared to settle it. Ms. Wagoner stated that in Washington, D.C. there is an organization called HALT (Help Abolish Legal Tyranny) and that perhaps Sarasota needs a Chapter because she feels what is happening to her is legal tyrannyi that she would like to see the city come prepared to settle this matter. Mayor Pillot asked the City Attorney to explain the legal requirements under which a case of this kind must be resolved from the standpoint of the City Commission and what the Commission's responsibilities and authorities are. city Attorney Taylor stated that this case is unique because it has been before the City Commission on so many different occasions, each time with Ms. Wagoner asking for some particular step to be taken; that Ms. Wagoner's most recent request was for the City to agree to mediation; that the City Manager's authority to settle a claim is limited to $5,000; that Ms. Wagoner's claim at the time mediation started was many hundreds of thousands of dollars more than $5,000; that if a positive result came out of mediation, it was that Ms. Wagoner's claim for settlement purposes was acknowledged to be a lesser sum, which was to be offered to the City Commission by way of a letter through Ms. Wagoner's attorney, which has yet to be seen or received. Mayor Pillot asked whether any of the Commissioners had received a letter from Ms. Wagoner's attorney stating a settlement amount. No Commissioner had seen such a letter and Mayor Pillot stated that it appears that they are waiting to receive said letter. Ms. Wagoner stated that there are certain confidentialities that cannot be broken when involved in mediation; that she does not want to break the confidentiality of the mediation processi that it was her understanding that what her attorney was to write was not what she heard here today; that if her attorney were to write this letter, it would break the confidentiality of the mediation process. Mayor Pillot stated that under the Florida Sunshine Law the Commission cannot meet other than In the Sunshine and he does not know if mediation law supersedes that in any wayi that it is his understanding that the Commission's legal discussions and considerations are subject to the Florida Sunshine Law; that the Commission cannot act upon any sort of a settlement offer absent a public statement and recommendation to the Commission; that the City Manager cannot make a recommendation absent some kind of communication, either directly from Ms. Wagoner or her attorney with her consent. Book 35 Page 9276 04/19/93 6:00 P.M. Book 35 Page 9277 04/19/93 6:00 P.M. Mr. Sollenberger stated that at the mediation the confidentiality of the offer was discussed with Ms. Wagoner's attorney; that Ms. Wagoner's attorney's concern was that if he presented an offer to the City Commission in writing that it might injure her case in the event the Commission turned the offer down and she were to litigate against the City; that it was agreed that this offer would be made to the City Commission and that it would not be admissible in the area of litigation so that it would clear the way for her attorney to send the Commission a letter. Mr. Sollenberger continued that the Commission has heard Ms. Wagoner's side of the story on a number of occasions; that there are a number of people who were either City officials or employed by the City at the time that all of this occurred; that he thought it would be appropriate to take their statements; that after reviewing their statements, he finds a great deal of conflict between Ms. Wagoner's statements and that of the City employees. Mr. Sollenberger continued that he was not able to make a recommendation of settlement to the Commission based on the contradictory statements made; that accordingly her attorney was supposed to provide the Commission with a settlement offer; that when the offer was received, he would explain his position of not making the recommendation on it. Vice Mayor Patterson stated that if there is a demonstrated liability, the City would be listening to specific testimony from their Staff to that effect, but to date she has heard nothing from the City's legal representative or from the City Manager that there is any established liability or heard any price tag affixed to it; that until the Commission hears something from those who represent them in this fashion, it would be totally irresponsible of the Commission to move toward any settlement. Commissioner Merrill stated that he strongly feels this matter should go through the City Manager and that the Commission has nothing more that it can add until a recommendation from the City Manager is presented to the Commission. Commissioners Atkins and Cardamone stated that they had no comment. Mayor Pillot stated that he echoed what Vice Mayor Patterson had said. Ms. Wagoner stated that when elected officials fail to react and fail to respond, what you have is non-government and she has had enough of it. Mayor Pillot stated that the Commission cannot legally react until a recommendation from the City Manager is made to the Commission. Mayor Pillot asked the other Commissioners whether they felt that the Commission should get a recommendation from the city Manager as soon as possible that would either resolve this matter to Ms. Wagoner's satisfaction or give Ms. Wagoner a definite answer sO she could take the next step, which he assumed would be appropriate litigation; that the City Manager has gone through mediation on this matter and the Commission has not received the results of the mediation. It was the consensus of the Commission to follow Mayor Pillot's suggestion. Mr. Sollenberger stated that he understands that The Sunshine Laws are in the process of being amended; that if they are amended, he would like to meet with the Commission in an executive session and go over his findings with the Commission; that he is not in a position to report this information to the Commission tonight or distribute written copies to the Commission, because as a public agency, the officials do not enjoy the same status that private parties do, because any records that are distributed could be acquired by an adversary under the Public Records Act in action against the City. Mr. Sollenberger stated further that he would like to be in a position to go over his findings with the Commission in detail to be able to make a determination. Mayor Pillot stated that this matter cannot be litigated at the Commission table but closure needs to be reached on this. Attorney Taylor stated that he has facts that are contrary to Ms. Wagoner's position; that he feels there is no reason why there could not be a written recommendation on this matter presented to the City Commission at the next regular meeting. Mayor Pillot stated that at the Commission's meeting on May 3, 1993, the Commission will receive a formal, written recommendation on Ms. Wagoner's case from either the City Manager or City Attorney and the Commission will take action that night. Mayor Pillot continued that he encourages Ms. Wagoner to have her attorney present at that meeting. 17. UNFINISHED BUSINESS APPROVAL RE: REQUEST FOR EXTENSION OF PERMITS FOR THE RINGLING TOWERS AND RINGLING COMMONS PROJECT APPROVED EXTENSION OF BUILDING PERMITS FOR THREE MONTHS TO SEPTEMBER 7, 1993 (AGENDA ITEM VII-1) #2 (1032) through (1832) City Manager Sollenberger stated that a request has been made by George Dietz for a six-month extension of site plan approvals, variances, and building permits for the Ringling Commons project on behalf of Mr. Dietz's client; that his recommendation to the Commission is to approve an extension for 90 days. Book 35 Page 9278 04/19/93 6:00 P.M. Book 35 Page 9279 04/19/93 6:00 P.M. Attorney George Dietz came before the Commission and stated that he represents First Sunset Development, Inc., which is a subsidiary of Huntington Bank. Attorney Dietz stated that from time to time, since Huntington Bank acquired title to the Ringling Towers property, he has appeared before this Commission; that at his request the Commission has extended several approvals previously granted by the Commission which includes a site plan that was approved during the time that it was owned by the previous owners, several variances that were approved, and the approval of the use of the Sales Center; that his client is now facing an expiration date of June 7, 1993 for these approvals. Attorney Dietz continued that the purpose of extending the time of these approvals is to give interested citizens of this community an opportunity to do what they can to preserve, protect, and restore the John Ringling Towers (JRT). Attorney Dietz stated that a public hearing on the JRT will be held by the City Commission on April 26 to consider an amendment to the Historic Preservation Code; that the deadline being faced includes a building permit that was taken out quite some time ago by First Sunset in an effort to preserve their rights in the development of the property. Attorney Dietz continued that First Sunset had made a contribution for the installation of the traffic light at Sunset Drive and Gulf Stream Avenue and a contribution of $25,000 to the JRT Foundation sO they would have funds for preliminary engineering and public relations. Mr. E. W. Babb, 1886 Bahia Vista Street, came before the Commission and stated that it seems the City has no limit to the number of extensions someone may receive for building permits and he feels there should be a limit to extensions; that a building permit is required before construction can commence and the fact that a building permit is renewed is a statement that building did not commence; that a variance and an extension can only be granted by the Board of Adjustment; that variances are not tied to building permits and there is no automatic continuance of a variance because a building permit is extended. Mr. Babb continued that variances are tied to a specific time in which an action shall take place and that action is building, not the issuance of a building permit; that through the history of this project, the variances that had been approved went before the Board of Adjustment and were reapproved until an action was taken where the Zoning Administrator decided that he could say that the variances were tied to building permits; that the Zoning Code specifically states that variances are tied to the work that has been accomplished. City Attorney Taylor stated that the language in the Zoning Code says that the person who seeks a variance has 180 days after said variance is granted within which to begin actual work; that as a matter of interpretation, the Building Director has interpreted this language consistently because work could not even begin until the preliminary step of obtaining a building permit was done; that when a building permit is obtained, which in this case was in September 1990, that is when the variance process stopped in terms of going back to the Board of Adjustment repeatedly for annual renewal increments. Mayor Pillot asked Attorney Taylor to instruct the Commission as to whether or not the Commission has the authority to do what is being asked tonight or is Mr. Babb correct that it is ultra vires. Attorney Taylor stated that the Zoning Code states that the Code is always interpreted by the Building Director; that he does not find anything that leads him to believe that the Building Director is incorrect in his interpretation; that he believes the Commission has the authority to approve the extension that is being requested. Mr. Babb stated that in 1987 the Board of Adjustment extended variance 8710 and variance 8719; that in 1989 the Board of Adjustment extended these variances; that the Board of Adjustment did not grant any extensions after the Building Director made the statement in a letter that administrative extensions of permits include an extension of all variances; that up to the time that the Building Director made this decision, the process had followed the procedure as prescribed by the Zoning Code that variances are issued and extended by the Board of Adjustment; that he does not feel an error by the Building Director makes it correct; that the only item he feels it is incorrect for the Commission to act on tonight is the continuance of the variances. Mr. Sollenberger stated that administratively there is no limit to the number of extensions that can be approved; however, the practice of the Administration had been (which was understood by the City Commission) that after four extensions, no more would be granted; that the first time this practice of limiting extensions to four was deviated from was during the Mission Harbor process; that he feels the extension of any permits should be with the concurrence of the City Commission. Attorney Dietz came before the Commission for rebuttal and stated that he agreed with Attorney Taylor; that he feels that part of the problem is that once variances are granted and the site plan procedure is completed (which leads to the issuance of a building permit), it could be argued that it is immaterial about the variances as long as the building permit is kept active; that he is trying to be all inclusive in asking the Commission to approve the extension of the variances, the building permit, and the site plan that was originally approved. Mr. Sollenberger stated again that his recommendation is to extend the building permits for three months rather than the six months as requested. Book 35 Page 9280 04/19/93 6:00 P.M. Book 35 Page 9281 04/19/93 6:00 P.M. Vice Mayor Patterson stated that since the City is having a public hearing on this issue in one week, she feels it is premature to extend these building permits prior to the discussion between the City and Huntington Bank to see whether an agreement will be reached as to how to save the JRT as well as how to proceed with the development that is proposed. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to approve the recommendation of the City Manager. Motion carried (4 to 1): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, no; Pillot, yes. 18. UNFINISHED BUSINESS = DISCUSSION RE: ARTWORK FOR THE SOUTH SARASOTA ELEVATED WATER TANK AT SOUTHGATE - TABLED UNTIL MAY 3, 1993; ADMINISTRATION TO LIAISON WITH JACK NOTESTEIN REGARDING COSTS (AGENDA ITEM VII-4) #2 (1834) through (3017) Jane Robinson, Director of Planning and Development, came before the Commission and stated that the issue is to determine whether the paint covering the water tower at Southgate Plaza should be an artistic motif or a neutral color; that the water tower will be located at the southern portion of Southgate Plaza; that per the Commission's instruction, a voting box was placed at Southgate Plaza for input from the public and there were 460 responsesi that the artist who was selected by the Public Art Committee was Jack Notestein and his design received 74 responses from City residents and 254 from non-City residents; that the neutral design received 40 responses from city residents and 60 from non-City residents; that there were 32 other suggestions. John Babiarz, 2221 2nd Street, representing the Optimist Club, came before the Commission and stated that he is a founder of the Octagon Club of the Arts that falls under the auspices of the Optimist Club; that he feels the pricing of applying Mr. Notestein's design to the water tower has gotten out of hand; that he could have the artwork applied to the water tower at a price of $50,000; that he came tonight to find out whether there was still time to make a formal presentation and proposal. Vice Mayor Patterson asked whether Mr. Babiarz's quote was $50,000 over and above the $40,000 estimated to apply the neutral coat for a total of $90,000. Mr. Babiarz stated that he meant $50,000 total, not $90,000; that he feels the reason the cost is out of hand is because the contractors are not artists; that he has a team of five individuals who could apply the artwork to the water tower for $50,000. City Manager Sollenberger stated that before the Commission could consider Mr. Babiarz's proposal, the City would have to go through a competitive selection process and Mr. Babiarz would have to demonstrate his capability to perform. Mr. Babiarz stated that he would like to work hand-in-hand with Mr. Notestein as well. Jack Notestein, 543 Columbia Court, came before the Commission and stated that he feels his design for the water tower is a feasible project in the price range of $50,000; that he saw some painted water towers on a television program and called the City of Hallandale Beach, Florida about a painted water tower that is approximately 40% larger than the tower to be at Southgate Plaza; that he spoke to Mr. Mike Goode, who is the general superintendent of Hallandale Beach; that the consultant for Hallandale Beach for the paint finish on their water tower was Mike Kendig and he recommended Mr. Joe Worth who is the paint contractor who painted the water tower for Hallandale Beach and other water towers around Florida; that he had sent pictures of his design for the Southgate water tower to Mr. Worth to evaluate. Mr. Notestein stated further that he would like to see some artwork on the water tower rather than have it painted solid blue; that he met Mr. Babiarz a few days ago and stated that he would be willing to work with any contractor that is selected to paint the water tower. Vice Mayor Patterson asked whether the "design portion" mentioned by Mr. Notestein meant over and above a base coat? Mr. Notestein stated that there would be a base coat, a primer coat (which may be one of the four colors in his design), then the additional colors in the design applied as well as the color separation added, and then a clear coat of paint. Mr. Notestein stated that Hallandale Beach had collected several thousands of dollars in sales from T-shirts depicting the water tower with the logo which states "Hallandale Beach is a Ball" because the design on their water tower is of a beach ball on top of a column of water. Commissioner Cardamone stated that she was not sure whether Mr. Notestein was saying that the proposed design for the water tower could be done for a total of $50,000 or was the $50,000 over and above the $40,000 estimated for painting the water tower in solid blue paint. Mr. Notestein stated that he understands that the entire artistic paint job of the water tower can be done for $50,000. Mayor Pillot asked whether there would be artists' fees added to the $50,000? Mr. Notestein stated that he would be happy if he just received payment for the design contest. Vice Mayor Patterson stated that she understood that Sarasota Memorial Hospital had budgeted $50,000 for painting the water tower Book 35 Page 9282 04/19/93 6:00 P.M. * Book 35 Page 9283 04/19/93 6:00 P.M. in return for having the privilege of using city land for their own construction purposes. City Manager Sollenberger stated that the hospital had budgeted money for a plain paint job of the water tower, not for an artistic paint job. Gilbert Leacock, Director of Public Works, and William Hallisey, Public Works Facilities Operations Manager, came before the Commission. Mr. Leacock stated that his department had contacted Mr. Joe Worth, who Mr. Notestein had outlined in his letter to the Commission, and had arrived at an exterior paint estimate for the water tower for a Standard Finish as well as an Enhanced Finish. Mr. Leacock distributed a copy of the estimate to the Commissioners at this time (a copy of which is on file in the Office of the City Auditor and Clerk) . Mr. Leacock continued that the estimate of $23,000 included a prime, intermediate, and base coat for both the Standard and Enhanced Finish; that an additional $17,000 would be added for the finish and clear coats of paint for the Standard Finish, while $48,000 would be added for the finish and clear coats for the Enhanced Finish. Mr. Leacock stated further that the difference between the $17,000 and $48,000 was due specifically to application of the artwork; that a containment shroud is not needed to apply the Standard Finish but would be necessary for the Enhanced Finish and would cost $30,000; that a containment shroud would encompass the water tank sO that the artists work in a confined area so as not to be subjected to rain, wind, and trash. Mr. Leacock stated further that the total estimate for the Standard Finish is $40,000 and $101,000 for the Enhanced Finish. Mr. Leacock stated that in the Interlocal Agreement, Sarasota Memorial Hospital has agreed to pay for a Standard Finish not to exceed $50,000. Mayor Pillot asked whether that meant that if the Commission approves the Standard Finish, it would not take anything out of the City's existing budget? Mr. Leacock stated that that was correct. Commissioner Cardamone stated that she would like Mr. Notestein to respond to the difference in dollars presented by Mr. Leacock. Mr. Notestein stated that he had figures from Mike Goode and not Mr. Worth's figures; that he understood that the reason a containment shroud was used was because the water tower at Hallandale Beach had to be sandblasted both inside and outside because it had paint containing lead used on it; that he does not feel the $30,000 containment shroud would be necessary for the water tower at Southgate Plaza. Commissioner Cardamone asked whether there was time for the Commission to have the issue of the containment shroud and sandblasting researched. Mr. Leacock stated that there were strict deadlines in the Interlocal Agreement by which the plans and specifications must be completed; that the plans and specifications are approximately 90% completed; therefore, the time for the bid process is near. Commissioner Cardamone asked whether the water tower could only be painted after it was erected? Mr. Leacock stated that that was correct. Vice Mayor Patterson stated that she did not understand why there was such a hurry to resolve this tonight because the Interlocal Agreement with Sarasota Memorial Hospital was signed a long, long time ago. Mr. Leacock stated that the hurry was because of the deadlines in the Interlocal Agreement whereby the City must have the water tank erected and on-line prior to a point in time where it does not interfere with the Thanksgiving and Christmas season of Southgate Plaza. Vice Mayor Patterson asked where the funds would come from if the Commission elected to proceed with the Enhanced Finish? Mr. Sollenberger stated that the funds would come out of the reserves of the water and sewer revenue funds. Commissioner Cardamone stated that she would like to request that the Commission delay this decision until the next regular meeting to further research the cost of the Enhanced Finish. Mr. Sollenberger stated that he recommends that the Commission go with the neutral design, though he does not believe that a delay of two weeks would be a problem; that Public Works could explore this more closely and have a precise report in view of the new information. Mr. Notestein stated that he believes the estimate for the Enhanced Finish presented by Mr. Leacock tonight might be on his original design and not the new simplified design requested by the Commission where the colors had been toned down. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to table the decision on the type of paint finish to be used for the Southgate Plaza water tower until the Regular City Commission Meeting of May 3, 1993, and that the City Manager or his Staff liaison with Mr. Notestein to try to pin down these costs. Commissioner Merrill stated that the residents in the Southgate neighborhood did not want this water tower; that it was originally proposed for a different location; that the decision to move the water tower from Crossroads Plaza to Southgate Plaza cost $75,000; therefore, he is in favor of making the paint finish as attractive as possible to the neighborhood. Commissioner Cardamone asked why Mr. Notestein had not received his prize money for the design contest. Mr. Sollenberger stated that he would check on this. Book 35 Page 9284 04/19/93 6:00 P.M. Book 35 Page 9285 04/19/93 6:00 P.M. Mayor Pillot called for the vote on the motion. Motion carried (4 to 1): Atkins, no; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Cardamone left the Commission Chambers at 8:47 p.m. 19. UNFINISHED BUSINESS = APPROVAL RE: MOTE MARINE LABORATORY LEASEHOLD IMPROVEMENTS = APPROVED LEASEHOLDER'S REQUEST FOR CONSTRUCTION IMPROVEMENTS; AFFIRMED BUILDING DEPARTMENT'S INTERPRETATION: THAT PRELIMINARY SITE AND DEVELOPMENT APPROVAL OF PROJECT IS NOT REOUIRED (AGENDA ITEM VII-5) #2 (3018) through (3160) Robert Gerkin, Director of General Services, William Hewes, Director of Building, Zoning, and Code Enforcement, and Dr. Kumar Mahadevan, Executive Director of Mote Marine Laboratory, came before the Commission. Mr. Gerkin stated that Mote Marine has requested approval to construct an office building on the leasehold property that would consist of utilizing five portable units (24 ft. X 36 ft.) to be donated by the Sarasota County School Board; that as part of the proposed improvements to the leasehold, it is planned to remove five existing portable trailers that are presently located near the National Estuary Program building by June 1994; that a sixth trailer will be removed by December 1994. Mr. Gerkin continued that the existing trailer space to be removed from the site is 3,396 square feet and the proposed new facility will be 4,320 square feet for a 924 square foot net increase, thereby eliminating the need for a preliminary site and plan development approval; that the leaseholder additionally requests that the lease requirements for escrowing the construction funds in the bond payment performance bond requirements be waived. Mr. Gerkin stated further that it is the recommendation of the Administration to approve these requests. City Manager Sollenberger stated that he affirmed the Administration recommendation. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to approve the recommendation as given by the Administration. Motion carried unanimously (4 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Cardamone returned to the Commission Chambers at 8:50 p.m. 20. NEW BUSINESS = DISCUSSION RE: PUBLIC SAFETY EXPENDITURE PER CAPITA SARASOTA VERSUS OTHER FLORIDA CITIES - NO ACTION REOUIRED (AGENDA ITEM VIII-1) #2 (3225) through (3750) Vice Mayor Patterson stated that her increasing dismay at the budget difficulties of the City prompted her to place this issue on the agenda; that she has heard ever since her campaign for office that the percent the City of Sarasota spends on public safety was higher than most cities committed to public safety; that until now she had not had any specific numbers to evaluate to determine whether this was true. Vice Mayor Patterson continued that she had asked the Florida League of Cities if they had any data the Commission could review that would quantify either per capita expenditures or percent of budget for other cities of approximately the same size as Sarasota; that the League of Cities did not have this type of data, but offered to do some research for Sarasota on this. Vice Mayor Patterson stated that the Florida League of Cities took the five cities closest to Sarasota above our population and the five cities closest to Sarasota below our population; that the survey itemized the General Fund Budget as well as the Public Safety Budget of these ten cities compared to Sarasota, as well as the total number of uniformed officers, both police and fire; that the percent of budget and per capita expenditure was also included. Vice Mayor Patterson stated further that she was quite startled by the differentiation the City of Sarasota spends on public safety per person ($463.58) and that the next highest city to Sarasota is Delray Beach, which spends $368.44 per person on public safety; that based on this survey, she feels it can be concluded that Sarasota is making a substantial and perhaps an unusually large commitment per capita for public safety. Vice Mayor Patterson stated that a survey done by the Sarasota Fire/Rescue Department reveals that the per capita expenditure for Fire/Rescue services for Sarasota is $184.31, while the next Closest city, West Palm Beach, spends $132.09. Vice Mayor Patterson stated further that she acknowledges that no cities are the same and she presents this to the Commission for "food for thought." Vice Mayor Patterson stated that West Palm Beach has a population of 85, 000 and has one fire fighter per 491 people versus Sarasota's one fire fighter per 357 people; that she feels the City is making an unusually substantial commitment of dollars to the Fire/Rescue service. Commissioner Merrill stated that he wanted to thank Vice Mayor Patterson for taking the time to put these figures together; that Sarasota's Fire/Rescue Division has a very ample budget; that he feels the Commission should be given statistics that differ from other communities in results. Book 35 Page 9286 04/19/93 6:00 P.M. Book 35 Page 9287 04/19/93 6:00 P.M. 21. NEW BUSINESS DISCUSSION RE: POLICE FORCE AND HOW MANPOWER IS BEING UTILIZED REFERRED SUGGESTION OF A TASK FORCE TO EVALUATE THE POLICE DEPARTMENT TO THE CITY MANAGER (AGENDA ITEM VIII-2) #2 (3751) through #3 (0953) Vice Mayor Patterson stated that a growing number of concerns have been brought to her attention about the City's police service; that these concerns have come from the neighborhoods that Commissioners Merrill and Atkins represent as well as the neighborhoods that she represents; that a lot of the commercial districts are anxious about the protection they are receiving. Vice Mayor Patterson continued that she realizes that the police cannot be held responsible for growing social conditions and the economic recession that may cause crime to accelerate; that her concern is that perhaps the City is not doing a good job with the substantial commit tment of money the City makes to its police resources. Vice Mayor Patterson stated that she wanted to propose that the Commission create a task force to examine the police force deployment; that she does not propose doing this with a consultant but utilizing some of the resources the City has available, perhaps in the form of volunteers from the community. Vice Mayor Patterson continued that she is not suggesting that the task force cut police expenditures, but determine how the City can better spend the money for police services. Vice Mayor Patterson stated that as a way to begin this discussion she suggested a mission statement for such a task force might be as follows: "To examine current utilization of City resources in police department and make recommendations for maximizing those resources. Citizen input and information from other cities should be solicited." Vice Mayor Patterson stated that she feels the task force should be comprised as follows: four (4) people with business and managerial experience possibly a representative from The Argus Foundation, Chamber of Commerce, Civic League, North Trail Business Association, Inc. three (3) neighborhood representatives, one from each district Director of Public Safety: John Lewis Deputy City Manager: Peter Schneider (because the City Manager might not have the time to commit to the task force) Commissioner Cardamone stated that she wanted to thank Vice Mayor Patterson for her efforts; that later she might want to address some additions to such a task force. Commissioner Merrill stated that he felt this issue was critical enough that the City Manager should be involved rather than the Deputy City Manager; that he would like a task force to have specific goals and be asked what would be involved to cut the crime rate in the City in half, for instance. Commissioner Merrill continued that he feels the Commission should refer this issue to the City Manager to present a recommendation as to some realistic goals for a possible task force. Commissioner Atkins stated that he is not sure there are seven people in the community that can do what this mission statement requires, especially to the extent that Commissioner Merrill suggested; that he feels it would take a professional organization to evaluate the police department. Mayor Pillot stated that he completely agrees with Commissioner Atkins; that he feels it would be an effective expenditure to have public safety evaluated by professionals; that he endorses Commissioner Merrill's suggestion that the Commission ask the City Manager to take the input of this discussion and come back with some specific recommendations for consideration. Karen Matteson, P.O. Box 49361, Executive Director of The Argus Foundation, came before the Commission and stated that Argus supports Vice Mayor Patterson's recommendation to review the expenditures and the utilization of personnel in the Public Safety Department because of the large percentage of the budget that it uses; that an evaluation of the effectiveness of public safety is very important to everyone in the community; that one of Argus's goals this year is to look into effectiveness and growth in government because all levels of government are experiencing difficulty meeting the costs of delivering services and asks that the City call on Argus if they can be of any help. Martha Lambert, c/o Coast Bank, 3201 N. Tamiami Trail, representing the North Trail Association, came before the Commission and stated that as president of the North Trail Association, she wants to make the Commission aware of some of the concerns the business people have; that in the last few months there have been some serious robberies as well as one murder in the North Trail area; that some people have sold their businesses because they do not want to operate in this area any more. It was the consensus of the Commission to refer the issue of a task force to the City Manager to present a recommendation as to how to pursue the best use of the City's police resources. 22. NEW BUSINESS DISCUSSION RE: AUTHORIZE THE CITY ATTORNEY TO SEEK OUTSIDE LEGAL OPINION AS TO THE AUTHORITY OF THE PENSION BOARDS TO SET ACTUARIAL ASSUMPTIONS - AUTHORIZED THE CITY ATTORNEY TO CONTACT THE STATE ATTORNEY GENERAL IN THE MATTER Book 35 Page 9288 04/19/93 6:00 P.M. Book 35 Page 9289 04/19/93 6:00 P.M. OF THE AUTHORITY TO SET ACTUARIAL ASSUMPTIONS (AGENDA ITEM VIII-3) #3 (0954) through (1221) Vice Mayor Patterson stated that the City's current method of calculating pension funds is (or was) to smooth ups and downs in the stock market over a four-year period versus a somewhat less conservative method of calculation that recognizes real market value; that the real market value method would reflect substantial overages in the pension funds; that if the decision of the method of calculation was totally the City's, the City could lower its contributions to the pension funds. Vice Mayor Patterson stated that the pension boards' request to the Commission to fund an increased benefit was based, in part, on savings produced by changing the method of calculating these funds; that the pension boards believe it is their prerogative to decide which method of calculation will be used; that decisions the Commission makes are going to be based on whose prerogative it is to determine the calculation of the pension funds. Vice Mayor Patterson continued that she believes the City needs to explore whose prerogative it is to select the method of calculating the pension funds, rather than take the opinion of the attorneys that represent these pension boards. City Attorney Taylor stated that the pension funds operate under State Statutes; that the State Statute says that the sole and exclusive administration of, responsibility for, and the proper operation of the pension funds are with the trustees; that the Statute is also very clear that as to any particular provision of the retirement plan is solely within the province of the City Commission to decide what changes will be made and what the benefits will be. Attorney Taylor continued that he suggests that the City ask the Attorney General about this issue. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to . Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yesi Merrill, yes; Patterson, yes; Pillot, yes. Vice Mayor Patterson stated that if the Attorney General determines that the pension boards have the prerogative to set actuarial assumptions, she believes the Commission will have to find out whether that prerogative can be abridged or tied to something in the future, because if the City decides to take the offer of savings by calculation and fund a new benefit, the pension boards could at any time decide to have the actuarial assumptions determined by the other method. 23. NEW BUSINESS APPROVAL RE: : AUTHORIZE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE A LEASE AGREEMENT WITH THE SARASOTA CONVENTION & VISITORS BUREAU = APPROVED THE ADMINISTRATION'S RECOMMENDATION AND AGREED THAT THE CITY ATTORNEY BRING THE LEASE AGREEMENT UP TO STANDARD CONTRACTS (AGENDA ITEM VIII-4) #3 (1222) through (1762) Robert Gerkin, Director of General Services, came before the Commission and stated that the Lease Agreement between the City of Sarasota and the Sarasota Convention & Visitors Bureau expired on February 28, 1993 and they are remaining in the facility on a month-to-month tenancy as provided for in the agreement; that there are several changes proposed by the Sarasota Convention & Visitors Bureau in the new agreement pertaining to the following: MAINTENANCE Mr. Gerkin continued that the proposed changes to maintenance of the facility are significant and will result in additional expenses to the City of approximately $3,000 per year; that the tenant has also proposed that the City keep in good order, condition, and repair the foundation, roof, and exterior walls of the demised premises, and the structure of the interior bearing walls. Mr. Gerkin stated further that the tenant proposes that the City maintain the grounds, including plantings, mowing, edging, sprinklers, and other necessary landscape duties necessary to keep the exterior premises in an attractive fashion; that in the previous lease, this was the responsibility of the tenant; however, the City has mowed grass and trimmed trees at a very nominal cost. INSURANCE Mr. Gerkin stated that the tenant has proposed that the property insurance be included as part of the City's master insurance policy; that the City's cost for doing this would be approximately $326 per year; however, the tenant would be required to show proof of the ability to satisfactorily replace, repair, or reconstruct those areas of the facility which may be damaged by virtue of a loss within limitations of the City's $25,000 deductible clause; that the City's cost to provide flood insurance is $1,775 per year and the damages are limited to $200,000 for the building and $50,000 for the contents. Mr. Gerkin continued that there is no flood insurance on the facility at this time nor was there flood insurance in the past. IMPROVEMENTS OR ALTERATIONS TO THE FAƇILITY Mr. Gerkin stated that the tenant would like all additions or alterations of the premises to remain the property of the tenant; that this would be difficult because many of the improvements are of a fixed nature. Mr. Gerkin stated that his recommendations are as follows: Book 35 Page 9290 04/19/93 6:00 P.M. Book 35 Page 9291 04/19/93 6:00 P.M. Structural upkeep and maintenance of the building, including grounds maintenance, plantings, edging, sprinkling, and other landscaping duties remain the responsibility of the Convention & Visitors Bureau and the City will continue to mow the grass and trim the trees as part of the Civic Center grounds maintenance program. The tenant's request to add their property insurance to the City's master insurance policy be granted subject to the provisions listed above. The additions or alterations of the premises that are of a fixed nature remain the property of the City in the event the lease is terminated. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to approve the Administration's recommendations. Commissioner Cardamone stated that page two of the Lease Agreement stated that the annual rent for the facility is $10.00 and asked whether this was correct. Mr. Gerkin stated that that was correct. Commissioner Cardamone asked whether the Convention & Visitors Bureau is a volunteer, charitable, nonprofit organization that serves the needs of the City or serves the needs of the entire region? Mr. Gerkin stated that the Convention & Visitors Bureau serves Sarasota County; that he is not aware of the basis of their funding. Peter Schneider, Deputy City Manager, stated that the Administration was told in the past that the Convention & Visitors Bureau is privately funded by the members and the businesses that benefit from the information provided by the Bureau. Commissioner Atkins stated that the Bureau receives a grant from the County Tourist Tax of approximately $30,000. City Attorney Taylor stated that the Lease Agreement before the Commission tonight is outdated; that his office is in the process of rewriting it to incorporate reference to the Americans With Disabilities Act requirements; that language will be added because of the loan the City has outstanding on the facility, with the Lease to be the City's security for the repayment of the loan. Commissioner Cardamone stated that she feels this is another example of the City providing a wonderful building in an excellent location for something that serves a much greater population than just the City of Sarasota; that she supports the purpose of the Convention & Visitors Bureau, but wonders if there is a way to make this a win-win situation for the City. City Manager Sollenberger stated that the Commission could eliminate the maintenance of the grass and trees and increase the rent; that he feels that cities and counties ordinarily make leases for facilities for this type of function available at a nominal rent. Vice Mayor Patterson stated that she could not move to approve increasing the rent of the Bureau because she knows they have extended themselves in reliance of past City Commission action. On motion of Vice Mayor Patterson and (Mayor Pillot passed the gavel to Commissioner Atkins) Mayor Pillot, it was moved to amend the motion to request that the Sarasota Convention & Visitors Bureau pay for the complete grounds maintenance at the facility and that the City be held free of any and all expenses for the facility. Commissioner Atkins called for the vote on the amendment to the motion. Motion failed (3 to 2): Atkins, no; Cardamone, no; Merrill, no; Patterson, yes; Pillot, yes. Commissioner Atkins called for the vote on the motion to approve the Administration's recommendation and the city Attorney bringing the Lease Agreement up to standard contracts. Motion carried (4 to 1): Atkins, yes; Cardamone, no; Merrill, yes; Patterson, yes; Pillot, yes. 24. CITIZENS P INPUT (AGENDA ITEM VI) #3 (1771) through (1970) Betsy Kelley, 930 N. Tamiami Trail, Apt. 507, came before the Commission and stated that the senior citizens of Jefferson Center went to the Opera House and while she was assisting some of the individuals into the bus in front of the Opera House Gift Shop, she stepped into the hole beside a tree and injured herself; that she had limped for three weeks; that if one of the more elderly citizens had stepped into the hole, they might have broken a hip; that she had reported the hole to the City Manager and wanted to thank the City for installing a grating ring around the tree and hole. Ms. Kelley stated further that since the City is contemplating renovating the Van Wezel Performing Arts Hall, she feels attention should be given to the needs of handicapped individuals; that all handicapped individuals are not in wheelchairs. Mayor Pillot stated that the issue of access to handicapped individuals has been brought to the attention of the Commission. City Manager Sollenberger stated that the City is aware of the problem since the Van Wezel was built almost a quarter of a century ago when architects did not pay attention to accessibility for people with disabilities; that after the Strategic Plan for the Van Book 35 Page 9292 04/19/93 6:00 P.M. Book 35 Page 9293 04/19/93 6:00 P.M. Wezel is completed, the Commission may decide to engage an engineer to evaluate accessibility issues. 25. NEW BUSINESS - REPORT RE: STATUS OF THE FORMER BUS STATION ON U.S. 301 = STATUS REPORT PRESENTED (AGENDA ITEM VIII-5) #3 (1975) through (2104) William Hewes, Director of Building, Zoning, and Code Enforcement, came before the Commission and stated that the status of the former bus station on U.S. 301 was presented to the Special Master; that a plan was set up demanding that construction drawings be presented within certain time frames; that permits be secured within certain times; and that construction start within a certain time. Mr. Hewes continued that all of these demands were done within the time frames set; however, a time was not set by which the building would be completed. Mr. Hewes stated that he spoke with Attorney Dick Lee (owner of the building) today and asked why it appeared that construction had stopped; that Mr. Lee stated that construction had started again and the floor slab of the second floor would be poured starting tomorrow; that Mr. Lee had told him that by the end of the week, the plans will be presented to convert it from a one-story to a two-story building to be used as an ACLF (Adult Congregate Living Facility). 26. BOARD APPOINTMENTS = APPOINTMENT RE: POLICE OFFICERS 0 AND FIREFIGHTERS' PENSION FUND BOARD OF TRUSTEES = APPOINTED JOHN J. DRISCOLL TO THE FIREFIGHTERS' PENSION BOARD OF TRUSTEES AND ROY MCBEAN TO THE POLICE OFFICERS' PENSION BOARD OF TRUSTEES (AGENDA ITEM IX-1) #3 (2105) through (2188) Mayor Pillot stated that there is a vacancy on the two public safety pension boards; that these pension boards are comprised of five members, two of whom are elected by the members of the pension funds, two are appointed by the City Commission, one being the City Auditor and Clerk who serves as secretary/treasure to both public safety pension boards, and the fifth member is chosen by the other four pension board members and confirmed by the city Commission. Mayor Pillot continued that the Commission needs to appoint a member, who must be a City resident, to each of these pension boards. Vice Mayor Patterson asked how long the term was for the vacant pension board member? City Auditor and Clerk Robinson stated that it would be a two-year term. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to appoint John J. Driscoll to the Firefighters' Pension Board of Trustees and Roy McBean to the Police Officers' Pension Board of Trustees. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yesi Merrill, yesi Patterson, yes; Pillot, yes. 27. REMARKS OF COMMISSIONERS, / ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA AGREED TO HAVE THE CITY MANAGER MEET WITH JEFFERSON B. WARD OF THE ARLINGTON PARK NEIGHBORHOOD CRIME WATCH TO DETERMINE BEST LOCATION FOR CRIME WATCH SIGNS TO BE INSTALLED AT THE ENTRANCES OF THE ARLINGTON PARK FACILITY (AGENDA ITEM X) #3 (2190) through (2344) VICE MAYOR PATTERSON: A. stated that tonight under Consent Agenda No. 2 the Commission had approved that outdoor seating no longer required a special exception for restaurants within the Theater and Arts District (TAD) ; therefore, she feels it would be appropriate for the City to refund the $1,000 fee Carmichael's Restaurant had to pay that brought this issue to the attention of the Commission to revise. City Auditor and Clerk Robinson asked that if the Commission decided to do as Vice Mayor Patterson suggested, that the Commission allow him to deduct the costs it took to process the Carmichael's Restaurant petition. Vice Mayor Patterson asked whether the Administration could review this to make sure there aren't any others who paid a similar fee before the Commission made a decision on this. City Manager Sollenberger stated that he would make a report on this to the Commission. COMMISSIONER MERRILL: A. distributed a sheet entitled "Selected Arlington Park Neighborhood Crime" (a copy of which is on file in the Office of the City Auditor and Clerk) to the Commission and stated that Arlington Park had started a Neighborhood Crime Watch; that Mr. Jefferson B. Ward had asked him to request that the Commission make a change in policy; that the residents of the Arlington Park neighborhood are trying to raise money for Neighborhood Crime Watch signs; that they are requesting that the City post signs at the entrance to Arlington Park because it is City land; that the signs cost $65; that he wanted to ask if there was a consensus to have Mr. Ward meet with the City Manager to determine an appropriate location for such signs. It was the consensus of the Commission to do as Commissioner Merrill suggested. Book 35 Page 9294 04/19/93 6:00 P.M. Book 35 Page 9295 04/19/93 6:00 P.M. COMMISSIONER CARDAMONE: : A. stated that the Commission has gotten ahead of themselves on the agenda for the past three meetings and asked whether there was anything the Commission could do about this? City Auditor and Clerk Robinson stated that he had spoken to the City Manager about this and had suggested that the City Manager, the Mayor, and he get together on the Monday of the meeting to determine if this situation will occur; that they could then decide what items to bring forward to structure it better. Commissioner Cardamone asked whether public hearings could be moved up to 6:30 p.m.? Commissioner Atkins stated that he had never supported changing the times of the meetings to 6:00 p.m. and suggested that the meeting time be changed back to 7:00 p.m. Commissioner Cardamone and Vice Mayor Patterson stated that that would be fine with them. Commissioner Merrill stated that he preferred a meeting from 6:00 to 10:00 p.m. rather than one from 7:00 to 11:00 p.m. Mayor Pillot stated that he agreed with Commissioner Merrill. Commissioner Cardamone stated that she would prefer a meeting from 6:00 to 10:00 p.m. rather than one from 7:00 to 11:00 p.m. Berta Lefkovich stated that the Planning Board/Local Planning Agency changed the times of their meetings sO that they begin at 7:00 p.m. and public hearings begin at 7:00 p.m. Mayor Pillot stated that he gets sleepy earlier that the younger Commissioners and he would like the meetings to continue to begin at 6:00 p.m. Mr. Robinson stated that his proposal had been for the City Manager and Mayor and him to meet to simply discuss the possibility of the need to rearrange the agenda for some meetings. 28. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (2343) through (2365) CITY AUDITOR AND CLERK ROBINSON: A. stated that he wanted to advise the Commission that on April 26, 1993, the Special Meeting on the John Ringling Towers would be held with the public hearing beginning 7:00 p.m.i that he has asked Storer Cable TV to carry this meeting live on Channel 34 and Storer has agreed; and that he had advertised the meeting in the newspaper. 29. ADJOURN (AGENDA ITEM XII) #3 (2555) The Regular Sarasota City Commission Meeting of April 19, 1993 was adjourned at 10:05 p.m. SOTA a 6 1 A GENE M. PILLOT, MAYOR ATTEST: Bh E Rebins e BILLY E. CROBINSON, CITY AUDITOR AND CLERK Book 35 Page 9296 04/19/93 6:00 P.M.