MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 5, 1996, AT 6:00 P.M. PRESENT: Mayor Mollie Cardamone, Vice Mayor Gene Pillot, Commissioners Jerome Dupree, David Merrill, and Nora Patterson, City Manager David Sollenberger, Deputy City Auditor and Clerk Karen McGowan, and City Attorney Richard Taylor ABSENT: City Auditor and Clerk Billy Robinson PRESIDING: Mayor Mollie Cardamone The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. Deputy City Auditor and Clerk McGowan gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: RETIREMENT AWARD TO JOHN W. AGEN, POLICE OFFICER, PUBLIC SAFETY DEPARTMENT, WITH 25 YEARS OF SERVICE #1 (0040) through (0121) Gordon Jolly, Chief of Police Services Bureau, Public Safety Department, requested that John Agen, Police Officer, join him before the Commission. Police Chief Jolly stated that Detective Agen has served the Sarasota Police Department with 25 years of honorable service in a variety of capacities and has been an outstanding investigator for many years. Police Chief Jolly congratulated Detective Agen on his retirement. Mayor Cardamone read the Retirement Award in its entirety and presented Detective Agen with a plaque. 2. PRESENTATION RE: CERTIFICATE AND MONETARY AWARD FOR SUGGESTION SUBMITTED UNDER THE "MY IDEA WORKED" EMPLOYEE SUGGESTION PROGRAM TO AL MAYBERRY, MASTER MECHANIC, PUBLIC WORKS DEPARTMENT #1 (0121) through (0197) Gibson Mitchell, Director of Finance and Chairman of the "My Idea Worked" Awards Committee; Larry Lovejoy, Employee Services Manager; and Al Mayberry, Master Mechanic, came before the Commission. Mr. Mitchell stated that the "My Idea Worked" Employee Suggestion Program was initiated in September 1994; that the purpose of the program is to encourage and recognize employees who propose innovative ideas or procedures that, when adopted and implemented, will result in reducing expenditures of public funds. BOOK 40 Page 13482 08/05/96 6:00 P.M. BOOK 40 Page 13483 08/05/96 6:00 P.M. Mr. Mitchell continued that Al Mayberry is receiving the "My Idea Worked" Award for his suggestion to put a steel cover over the micro switches on the refuse collection vehicles, commonly known as front-end loaders; that an accumulation of water, sand, or trash in the micro switches makes opening the flipper door on the top of the vehicle difficult and has been the cause of extensive repairs; that the annual savings generated by the use of Micro Switch Protection Covers for Load-A-Matics on two refuse vehicles has resulted in a net savings of $1,400 from April 1995 to April 1996; that Mr. Mayberry is awarded 10% of the first year's savings to the City. Mr. Mitchell presented Mr. Mayberry with a certificate of achievement plaque and a check for $140. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0206) through (0222) Deputy City Auditor and Clerk McGowan presented the following Changes to the Orders of the Day: A. Add under Unfinished Business, Item No. VII-2, Status Re: Neighborhood concerns regarding noise in the downtown area, per the request of Mayor Cardamone. On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 4. APPROVAL OF MINUTES RE: MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF JULY 8, 1996, REGULAR CITY COMMISSION MEETING OF JULY 15, 1996, AND SPECIAL CITY COMMISSION MEETING OF JULY 18, 1996 - APPROVED (AGENDA ITEM I-1,-2,-3) #1 (0223) through (0231) Mayor Cardamone asked if the Commission had any changes to the minutes. Mayor Cardamone stated that hearing no changes, the minutes of the regular City Commission meeting of July 15, 1996, and the special City Commission meetings of July 8, 1996, and July 18, 1996, are approved by unanimous consent. 5. BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF JULY 9, 1996 - RECEIVED; SET PETITION NO. 96-HD-06 FOR PUBLIC HEARING (AGENDA ITEM II-1) #1 (0231) through (0330) Jane Robinson, Director of Planning and Development, and Robert Town, Chairman, Historic Preservation Board, came before the Commission. Mr. Town presented the following item from the Historic Preservation Board's regular meeting of July 9, 1996; and stated that the Historic Preservation Board recommends to the City Commission approval of the following: Petition 96-HD-06 47 South Washington Drive The William J. Burns House Mr. Town stated that the Board's recommendation for approval is based on the property exemplifying three criteria contained in Ordinance No. 86-3019, Section 15-14 (1) (c) (d) (e). Ms. Robinson stated that the Administration recommends setting Petition No. 96-HD-06 for public hearing. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to set Petition No. 96-HD-06 for public hearing. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 6. BOARD ACTIONS: : REPORT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD'S SPECIAL MEETING OF JUNE 14, 1996 - RECEIVED; REFERRED ISSUES TO ADMINISTRATION FOR A REPORT BACK (AGENDA ITEM II-2) #1 (0330) through (0639) Donald Hadsell, Director of Housing and Community Development, and William Knight, Chairman, Citizens with Disabilities Advisory Board (CDA) came before the Commission. Mr. Knight presented the following items from the Citizens with Disabilities Advisory Board's special meeting of June 14, 1996: Orchard Place Mr. Knight stated that the Orchard Place residence is a Section 8 facility which houses persons with physical disabilities; that the special exception received for construction of Orchard Place included a provision for 20 additional parking spaces in the future if deemed appropriate by the City; that a need for seven additional parking spaces, three to be designated as handicap spaces, was identified; however, the owners of the property, Life Link, have not been receptive to requests made by the CDA and Timothy Litchet, Manager of Zoning and Code Enforcement, who has informed the CDA that no corrective action would now be legally permitted as the one-year period to review the project in accordance with the stipulation of the special exception has expired; therefore, the CDA recommends to the City Commission that a letter be written to Life Link requesting the problem of inadequate parking be resolved. Mr. Knight continued that at the March 4, 1996, City Commission meeting the CDA requested that the City Manager be authorized to BOOK 40 Page 13484 08/05/96 6:00 P.M. BOOK 40 Page 13485 08/05/96 6:00 P.M. contact the County Administrator regarding sidewalk construction on Lockwood Ridge Road to provide safe access and enhanced Sarasota County Area Transportation (SCAT) service between 12th and 17th Streets for Orchard Place residents; that the County Administrator responded that a temporary sidewalk would be considered for the Lockwood Ridge Road segment if funds become available and that 100% SCAT route accessibility would be achieved by 1997; that Sarasota County has yet to respond to the request for an inbound bus stop at 15th Street. Zoning Code Amendment Mr. Knight stated that the CDA recommends to the City Commission that the Zoning Code be amended to require an equal ratio of handicapped parking spaces to units for facilities housing disabled persons. Mr. Hadsell stated that the Administration recommends receiving the CDA report of June 14, 1996, and referring their recommendations to the City Manager for review. Americans with Disabilities Act (ADA) Action Plan Mr. Knight stated that Mr. Litchet and David Waugh, Building Official, reported to the CDA that the original surveys were being reviewed to determine what architectural modifications to City- owned or leased facilities have been completed or are required; that the CDA was requested to formulate a prioritized list of specific locations to check; that the Suncoast Center for Independent Living, Inc., provided surveys to the City as a basis for prioritizing necessary modifications; that Staff should be directed to proceed. Mr. Knight continued that the State requires vertical accessibility in all new construction; that although a waiver from the Office of Community Affairs was not obtained, Mote Marine Laboratories recently constructed a new research facility without providing vertical accessibility; that the State Codes regarding access, space, and signage should be observed in the future; and requested that the Building Department be directed to observe the State requirements and deny issuance of permits for construction which does not provide vertical accessibility unless a waiver from the Office of Community Affairs has been obtained. Mayor Cardamone stated that hearing no objections, the issues raised by the CDA will be referred to the Administration for a report back. On motion of Commissioner Dupree and second of Vice Mayor Pillot, it was moved to receive the June 14, 1996, Citizen's with Disabilities Advisory Board's report. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 7. BOARD ACTIONS: REPORT RE: ROSEMARY DISTRICT REDEVELOPMENT ADVISORY BOARD'S REGULAR MEETINGS OF MAY 28, 1996, JUNE 11, 1996, JUNE 25, 1996 AND JULY 9, 1996 = RECEIVED; REFERRED ISSUES TO THE ADMINISTRATION FOR A REPORT BACK; (AGENDA ITEM II-3) #1 (0639) through (2063) Donald Hadsell, Director of Housing and Community Development, and Daniel Bilyeu, Chairman, Rosemary District Redevelopment Advisory Board, came before the Commission. Mr. Bilyeu presented the following items from the Rosemary District Redevelopment Advisory Board's regular meetings of May 28, June 11, June 25, and July 9, 1996: $3 Cohen Way Mr. Bilyeu stated that the Board developed a suggested prioritization list for improvements at Cohen Way and held a joint meeting with the Sarasota Housing Authority Board; that plans for action regarding issues of concern were discussed, for example, removing rather than shortening the complex walls. Proposed Adult Care Living Facility (ACLF) for Women at Rosemary Court Mr. Bilyeu stated that Ed Harding appeared before the Board to review and request support for an ACLF for women at the Rosemary Court site; that a motion to approve the request failed unanimously; that the Board reached consensus the proposed use was not appropriate for the subject site. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to concur with the Board's recommendation regarding the request for an ACLF facility. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Key Packaging Proposal Mr. Bilyeu stated that Earl Smith, Owner, and David Hunt, Consultant, representing Key Packaging Company, appeared before the Board to discuss and review rough draft plans for the relocation of a 40,000 square-foot Key Packaging industry facility onto City- owned property located at Tenth Street and Central Avenue; that the Board's recommendation to move forward with the Key Packaging Proposal is no longer relevant as Key Packaging has chosen to relocate elsewhere. BOOK 40 Page 13486 08/05/96 6:00 P.M. BOOK 40 Page 13487 08/05/96 6:00 P.M. Christner Property Mr. Bilyeu stated that the Board recommends to the Commission that the feasibility of purchasing the Christner property, located between Sixth Street, Cocoanut Avenue, and Florida Avenue be reviewed. City Manager Sollenberger stated that the acquisition of the Christner Property which could enhance the development potential for the Mission Harbor property deserves strong consideration; however, economics would play a major role in whatever decision is made. On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to refer the purchase of the Christner property to the Administration for further study and a recommendation. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 700 Central Avenue and 1443 Seventh Street Mr. Bilyeu stated that the Board was requested to review the purchase of properties owned by Sy Sherr at 10% less than the current tax assessed value, which is $61,783; that the properties would be landbanked for future development and potentially used for temporary parking; that the Board recommends to the Commission approval of purchasing the properties located at 700 Central Avenue and 1443 Seventh Street for $60,742.80. Commissioner Patterson asked the basis for the Board's recommending purchase of the properties? Mr. Bilyeu stated that he did not attend the meeting at which the vote was taken; however, the total frontage on Central Avenue controlled by the City would be increased as the subject property is located on the north side of Seventh Street and the former Central Gardens property, which is already owned by the City, is located on the south side of Seventh Street; that one of the subject parcels is zoned residential and one is zoned Commercial Intensive (CI). City Manager Sollenberger stated that the Administration supports the purchase; however, referring the issue to the Administration for a report back with a detailed presentation at the next meeting is recommended. Commissioner Dupree asked if the Board has specific plans for the property in the future? Mr. Bilyeu stated that specific plans have not been discussed. Mr. Hadsell stated that the subject property is part of a 200 X 500 square-foot block of land owned separately by four individuals; that the City has approached the individual property owners in an effort to acquire, consolidate, and promote redevelopment of the entire block; that the only house which exists on the block is located between the two parcels offered to the City for purchase. Vice Mayor Pillot stated that redevelopment of the Rosemary District is a priority of the Commission; that acquiring property at the corner of Seventh Street and Central Avenue, in the heart of the Rosemary District, at a price 10% below the tax assessed value, would provide the City an official ownership influence over the redevelopment of the property. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve the acquisition of property located at 700 Central Avenue and 1443 Seventh Street from Sy Sherr for $60,742.80, contingent upon a favorable Phase I environmental review. Commissioner Merrill asked if the funds previously allocated by the Commission for redevelopment of the Rosemary District would be used to purchase the property? City Manager Sollenberger stated yes. Commissioner Merrill stated that property in the area previously purchased by the City was found to be valued at less than expected, for example, the parcel on which Coastal Recovery currently operates; that timing does not appear to be an issue; that specific plans for the property should be presented before the Commission considers acquisition; that greater public awareness of the City's redevelopment efforts is necessary; that he is reluctant to support the motion without viewing a detailed presentation. Mr. Bilyeu stated that a comparison of market values versus assessed values indicates market values below assessed values in the Rosemary District; that 10% below the tax assessed value produces a price close to market values at today's standards; that many of the properties in the area are for sale at the potential value five years in the future; that the asking price on the subject property may not be a great deal, but the location of the two properties provides the City with assemblage opportunities. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to substitute a motion to refer the issue to the Administration for a report back and a detailed presentation at the next meeting. Motion failed (3 to 2): Dupree, no; Merrill, yes; Patterson, yes; Pillot, no; Cardamone, no. Commissioner Merrill asked if purchasing the subject property will affect the City's ability to purchase troublesome properties as planned to accelerate redevelopment of the Rosemary District. BOOK 40 Page 13488 08/05/96 6:00 P.M. BOOK 40 Page 13489 08/05/96 6:00 P.M. City Manager Sollenberger stated that the $1 million available for redevelopment efforts will be reduced by $60,752.80 for the acquisition of the subject properties; that the Board has considered numerous property purchases; that prioritization of projects should be considered in the near future. Commissioner Patterson asked the dimensions of the subject property? Mr. Bilyeu stated that the subject property is comprised of two noncontiguous parcels, separated by a small residential home located on two lots; that the residential parcel is 50' X 134'; that the parcel zoned CI is 134' X 100'; that adjacent property comprising the other 50% of the block is on the market for $200,000+; that another CI-zoned property on Lemon Avenue is on the market for $30,000 although the assessed value is $50,000; that sale prices in the Rosemary District vary. Commissioner Merrill asked for an estimated value of the residential parcel? Mr. Bilyeu stated that the number of vacant residential parcels sold in the area has been limited; that the tax assessment on the residential parcel is $7,500; that the CI-zoned parcel is assessed at $60,300; that both parcels sold for $46,700 in 1989. Commissioner Merrill stated that the City is considering paying $60,000 for property previously purchased for $46,000 in an area which has not experienced substantial appreciation in property values; that efforts by redevelopment agencies to promote a potential revitalization of an area become counterproductive if property owners choose to retain or market property at prices substantially higher than market value; that the city's acquisition of the Sherr property could promote higher market values or hinder private investment in the area if property owners perceive the City will purchase property at a higher price until the $1 million is expended; that presentation of a specific plan for redevelopment of the property would be necessary before he could support the proposed acquisition. Commissioner Dupree stated that the Rosemary District has appreciated a great deal over the past seven years which is apparent by the improvements along the Central Avenue Corridor; that an increased value from $46,000 to $62,000 is plausible. Mayor Cardamone stated that the City purchase and demolition of Central Gardens assisted in the appreciation of property values in the area. Commissioner Patterson stated that enhancing the viability of the area for private investment is dependent on eliminating trouble spots through acquisitions; that the recommendation of the Rosemary District Redevelopment Advisory Board will be supported; however, the Board should be encouraged to develop a plan for future purchases and desired redevelopments in the area. Mr. Hadsell stated that the Board is working extensively with the Planning Department to develop a detailed plan for land uses and to establish a general policy for redevelopment in the Rosemary District; that the Board voted in favor of delaying consideration of land changes, purchases, sales, etc., until a detailed plan is completed, which should occur within the next two months. Mayor Cardamone called for the vote on the motion to approve the purchase of the properties located at 700 Central Avenue and 1443 Seventh Street from Sy Sherr for $60,742.80, contingent upon a favorable Phase I environmental review. Motion carried (4 to 1): Dupree, yes; Merrill, no; Patterson, yes; Pillot, yes; Cardamone, yes. Fourth Street Parking Mr. Bilyeu stated that the Board discussed with City Staff the problem of inadequate parking in the Fourth Street/Central Avenue area; that the City's acquiring and land banking property was discussed as a solution to the parking problem; that possible sites in the area were reviewed and a temporary solution recommended; however, the Board subsequently requested that Asim Mohammed, Assistant City Enginéer, return for further discussion to achieve a more permanent solution. Mayor Cardamone stated that hearing no objections, the issue of Fourth Street Parking is referred to the Administration for further review. Presentation regarding Community Redevelopment Agency Mr. Bilyeu stated that the majority of the 11 steps recommended in the Small Area Plan for redevelopment of the Rosemary District have been completed or are in progress; that completing the detailed plan for land uses and directing Staff to prepare an area-wide stormwater management plan are the only steps remaining. Mr. Bilyeu requested that a presentation be scheduled to discuss Tax Increment Financing (TIF), potential grant funding, and assistance by the Community Redevelopment Agency in redeveloping the Rosemary District. Commissioner Patterson stated that the City Commission should meet as the Community Redevelopment Agency to hear Mr. Bilyeu's presentation. Vice Mayor Pillot agreed. BOOK 40 Page 13490 08/05/96 6:00 P.M. BOOK 40 Page 13491 08/05/96 6:00 P.M. Mayor Cardamone stated that a workshop with the Rosemary District Redevelopment Advisory Board could be scheduled upon completion of the detailed plan for land uses. Commissioner Patterson stated that office space remaining in the immediate downtown area is extremely limited; and asked if the Board has considered the concept of high-rise office as opposed to an artist live/work concept which is a relatively low-valued use of land? Mr. Bilyeu stated that elimination of the bad elements in the Rosemary District will make property in the area more viable to developers. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to receive the Board Report of the Rosemary District Redevelopment Advisory Board's meetings of May 28, June 11, June 25, and July 9, 1996. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Mayor Cardamone stated that the time is now 7 p.m.; that hearing no objections, action on Consent Agenda Nos. 1 and 2 will be postponed until later in the agenda and the Commission will proceed with the public hearings. Mayor Cardamone requested Deputy City Auditor and Clerk McGowan to explain the public hearing process. Deputy City Auditor and Clerk McGowan stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 8. PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 96R-898, PROVIDING FOR (1) FINANCING BY THE CITY OF SARASOTA, FLORIDA OF A PORTION OF THE COST OF THE ACOUISITION, CONSTRUCTION AND EOUIPPING OF CERTAIN EDUCATIONAL FACILITIES, INCLUDING A STUDENT APARTMENT COMPLEX, TO BE LOCATED IN THE CITY OF SARASOTA AND TO BE OWNED AND OPERATED BY RINGLING SCHOOL OF ART AND DESIGN, INC. AND (2) REFINANCING OF CERTAIN OUTSTANDING INDEBTEDNESS OF SAID COMPANY; PROVIDING FOR THE ISSUANCE BY THE CITY OF NOT TO EXCEED $8,740,000 AGGREGATE PRINCIPAL AMOUNT OF ITS EDUCATIONAL FACILITIES REVENUE BONDS, L SERIES 1996 RINGING SCHOOL OF ART AND DESIGN, INC. PROJECT) AND FOR A LOAN OR LOANS BY THE CITY TO SAID COMPANY, IN AN AMOUNT EOUAL TO THE PRINCIPAL AMOUNT OF SUCH BONDS, TO FINANCE A PORTION OF THE COST OF SUCH PROJECT AND TO REFINANCE SUCH OUTSTANDING INDEBTEDNESS; PROVIDING FOR THE RIGHTS OF THE OWNERS OF SUCH BONDS AND FOR THE PAYMENT THEREOF; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS : AUTHORIZING A NEGOTIATED SALE OF SUCH BONDS; PROVIDING CERTAIN TERMS AND DETAILS OF SAID BONDS, INCLUDING CONFIRMING THE SALE THEREOF AND PROVIDING FOR THE MANNER FOR ESTABLISHING THE INITIAL INTEREST RATE THEREON AND ESTABLISHING THE MATURITIES THEREOF; RATIFYING THE USE OF A LIMITED OFFERING MEMORANDUM WITH RESPECT THERETO; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT, AN INDENTURE OF TRUST AND A LOAN AGREEMENT; AUTHORIZING THE ACCEPTANCE AND ASSIGNMENT OF A MORTGAGE; APPROVING THE ISSUANCE OF AN IRREVOCABLE LETTER OF CREDIT BY SUNTRUST BANK, CENTRAL FLORIDA, NATIONAL ASSOCIATION, FOR THE PURPOSE OF SECURING THE PAYMENT OF PRINCIPAL OF, PURCHASE PRICE AND INTEREST ON THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND ALL OTHER RELATED INSTRUMENTS INCLUDING, WITHOUT LIMITATION, A TAX EXEMPTION AGREEMENT; PROVIDING FOR OTHER MISCELLANEOUS MATTERS IN CONNECTION WITH THE FOREGOING; ETC. = ADOPTED (TITLE ONLY) (AGENDA ITEM IV-1) #1 (2103) through (2640) Gibson Mitchell, Director of Finance; John Haylett, City's Financial Advisor; and John Stokes, Bond Counsel, Firm of Nabors, Giblin and Nickerson, came before the Commission. Mr. Mitchell stated that on July 1, 1996, the Commission adopted Ordinance No. 96-3952, enabling the City to issue conduit bonds for the benefit of the Ringling School of Art and Design; that the City's financing team: himself, Mr. Haylett, Mr. Stokes, and Richard Taylor, City Attorney, have worked with the Ringling School of Art and Design financing team: Ponder & Co., Financial Advisor; SunTrust, Underwriter; and William Kirtby, Borrower's Counsel, to develop the financing of $8.740 million City of Sarasota Educational Facilities Revenue Bonds, Series 1996. Mr. Mitchell continued that proposed Resolution No. 96R-898 provides for the following: 1) financing the acquisition, construction, and equipping of educational facilities, including student apartments 2) refinancing certain outstanding indebtedness of the Ringling School, and 3) issuance by the City of not to exceed $8,740,000 principal loan to the school; that the resolution makes covenants and agreements in connection with the issuance of the bonds, including a Bond Purchase Agreement, Indenture of Trust, and a Loan Agreementi that in addition, the resolution authorizes the acceptance and assignment of a mortgage, issuance of an irrevocable letter of credit by SunTrust to secure payment, and execution and delivery of the bonds; that the preclosing is scheduled for Monday, August 13, 1996, and the closing for August 14, 1996, both in Orlando at SunTrust. BOOK 40 Page 13492 08/05/96 6:00 P.M. BOOK 40 Page 13493 08/05/96 6:00 P.M. Commissioner Dupree asked if the issuance of conduit financing in any way obligates the City to repay any loan or make available any funds? Attorney Stokes stated that the City assumes no liability, which will be specified on the face of the bonds; that the City is lending tax-ekempt status under the Federal Tax Code and Florida Laws to assist the Ringling School of Art and Design in obtaining lower-interest funds; that the face of the bond and the document prepared by the Bond Counsel, which is delivered to the City at the time of closing, approving the issue and signing-off on the tax-exempt status of the bonds, both include a statement releasing the City from liability; that the City will not be obligated to repay the bonds, even if SunTrust or the Ringling School of Art and Design fail to pay. Mayor Cardamone opened the public hearing. Dr. Arland Christ-Janer, came before the Commission and introduced Dr. Thomas Linehan, the new President of the Ringling School of Art. Dr. Linehan stated that the Commission's consideration toward issuing conduit financing to the School is appreciated; that he looks forward to contributing to the community. Mayor Cardamone stated that hopefully Dr. Linehan will enjoy the same success that Dr. Christ Janer has had. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated that the Administration recommends adopting Resolution No. 96R-898. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 96R-898 by title only. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to adopt proposed Resolution No. 96R-898. Commissioner Merrill cited the following from the Offering Memorandum which will be issued to the public: Neither the faith and credit nor the taxing power of the issuer or of the State of Florida or any political subdivision or agency thereof is pledged to the payment of the principal of or interest on the bonds. Mayor Cardamone requested that Deputy City Auditor and Clerk McGowan. proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Dr. Christ-Janer invited the Commission to the groundbreaking scheduled on August 14, 1996, at 4 p.m. 9. PUBLIC HEARING RE: RESOLUTION NO. 96R-900, AFTER MEETING AND HEARING TESTIMONY FROM AFFECTED PROPERTY OWNERS WITHIN THE HUDSON BAYOU MAINTENANCE DREDGING IMPROVEMENT SPECIAL ASSESSMENT DISTRICT AS TO THE PROPRIETY AND ADVISABILITY OF PERFORMING MAINTENANCE DREDGING WITHIN THAT PORTION OF HUDSON BAYOU BETWEEN OSPREY AVENUE AND SOUTH TAMIAMI TRAIL AND FUNDING THE COSTS OF MAINTENANCE DREDGING WITH SPECIAL ASSESSMENTS ON PROPERTY WITHIN THE SPECIAL ASSESSMENT DISTRICT; MAKING A FINAL DECISION TO LEVY THE SPECIAL ASSESSMENT THEREAFTER MEETING AS AN EQUALIZING BOARD TO HEAR AND CONSIDER ANY AND ALL COMPLAINTS AS TO THE SPECIAL ASSESSMENT AND ADJUSTING AND EQUALIZING THE ASSESSMENTS ON THE BASIS OF JUSTICE AND RIGHT: APPROVING A FINAL ASSESSMENT ROLL TO BE FILED WITH THE CITY AUDITOR AND CLERK; DIRECTING, UPON COMPLETION OF THE PROJECT, A CREDIT TO EACH ASSESSED PROPERTY OWNER OF A PROPORTIONATE SHARE OF THE DIFFERENCE BETWEEN THE ASSESSED COST AND THE ACTUAL COST OF THE MAINTENANCE DREDGING IMPROVEMENT PROJECT IF THE ACTUAL COST IS LESS THAN THE AMOUNT SET FORTH ON THE FINAL ASSESSMENT ROLL APPROVED HEREIN; DIRECTING THE CITY AUDITOR AND CLERK PROMPTLY AFTER SUCH CONFIRMATION OF THE ACTUAL COST OF THE MAINTENANCE DREDGING IMPROVEMENT PROJECT TO RECORD THE ASSESSMENT IN A SPECIAL BOOK TO BE KNOWN AS THE "IMPROVEMENT LIEN BOOK"; DIRECTING THE CITY AUDITOR AND CLERK TO RECORD A CERTIFIED COPY OF THIS RESOLUTION IN THE OFFICIAL RECORDS OF SARASOTA COUNTY; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM IV-2) AND 10. PROPOSED RESOLUTION NO. 96R-911, DETERMINING TO ADOPT THE NON- AD VALOREM ASSESSMENT ROLL FOR THE HUDSON BAYOU MAINTENANCE DREDGING IMPROVEMENT SPECIAL ASSESSMENT DISTRICT; SPECIFYING THE UNIT OF MEASUREMENT FOR THE ASSESSMENT AND THE AMOUNT OF THE ASSESSMENT: DIRECTING THAT THE MAYOR SHALL CERTIFY THE NON-AD VALOREM ASSESSMENT ROLL TO THE TAX COLLECTOR; DIRECTING THAT THE CERTIFICATION TO THE TAX COLLECTOR SHALL SPECIFY THAT THE NON-AD VALOREM ASSESSMENT IS TO BE COLLECTED FOR A PERIOD OF MORE THAT ONE YEAR OR IS TO BE AMORTIZED OVER A NUMBER OF YEARS; DIRECTING THAT THE NON-AD VALOREM ASSESSMENT FOR EACH PARCEL SHALL BE POSTED ON THE NON-AD VALOREM ASSESSMENT ROLL: ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM IV-2) #2 (2640) through (3680) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that on June 17, 1996, the BOOK 40 Page 13494 08/05/96 6:00 P.M. BOOK 40 Page 13495 08/05/96 6:00 P.M. Commission adopted Resolution No. 96R-868 stating the intent to create the Hudson Bayou Maintenance Dredging Special Assessment District and Resolution No. 96R-869 setting a public hearing tonight at which owners of the properties to be assessed and other interested persons may appear. Mr. Daughters displayed and referred to a map shown on the overhead projector to explain the Assessment District Boundaries between Osprey Avenue and South Tamiami Trail; and stated that the total cost of the project is $310,000, which is amortized over 10 years at 7% interest. Mr. Daughters continued that when adopted, Resolution No. 96R-900 will levy a special assessment within the district and approve the final assessment roll; that pursuant to Chapter 170, Florida Statues, the following steps are necessary: 1. The City Commission shall meet and hear testimony from affected property owners as to the propriety and advisability of implementing the plan and funding same with special assessments on property. 2. Following the testimony, the City Commission shall make a final decision as to whether to levy the special assessment. 3. Thereafter, the City Commission shall meet as an equalizing board to hear and consider any an all complaints as to the special assessments. 4. The equalizing board shall adjust and equalize the assessments on a basis of justice and right. 5. Once equalized, the City Commission shall approve the special assessment by adopting Resolution No. 96R-900. 6. A final assessment roll share shall be filed with the City commission and becomes a first lien against the property until paid. Mr. Daughters stated that on December 18, 1996, the Commission adopted Resolution No. 96R-855, stating the intent to use the uniform method of collecting a special assessment for maintenance dredging of Hudson Bayou by collecting the annual installments through the Tax Collector of Sarasota County pursuant to the annual tax bill of the assessed; that pursuant to Chapter 197, Florida Statutes, the following steps are necessary: 1. The City Commission shall receive the written objections and shall hear testimony form all interested persons at the public hearing. If the Commission decides to adopt the non-ad-valorem assessment roll, the unit of measurement for the assessment and the amount of the assessment shall be specified. The Commission may adjust the assessment or the application of the assessment to any affected property based upon the benefits which the Commission will provide or has provided to the property with the revenue generated by the assessment. 2. The City Commission shall adopt a non-ad-valorem assessment roll by adopting Resolution No. 96R-911. 3. Prior to September 15, 1996, the Mayor shall certify a non-ad-valorem assessment roll on compatible electronic medium to the Tax Collector. If the non-ad-valorem assessment is to be collected for a period of more than one year or is to be amortized over a number of years, the certification to the Tax Collector shall so specify and the City shall not be required to annually adopt the non-ad-valorem assessment roll. However, the Commission shall inform the Property Appraiser, tax Collector, and Department of Revenue by January 10 if the Uniform Method for Collection of an assessment will discontinue. 4. The City shall post the non-ad-valorem assessment for each parcel on the roll. Mr. Daughters stated that himself; Gibson Mitchell, Director of Finance; Gary Laubacker, Financial Management Analyst; Michael Connolly, City Attorney's Office; and Billy Robinson, City Auditor and Clerk; and Engineering Staff worked closely to develop the special assessment district; that Jim Toale and David Davis, neighborhood residents, donated substantial time and assistance towards the project. Commissioner Dupree asked if the assessment per property owner has been calculated? Mr. Daughters referred to and explained the Hudson Bayou Dredging Project Proposed Assessment Spread which was displayed on the overhead projector; and stated that one of the 23 property owners listed is Central Park Condominium Association, comprised of 90 property owners; that all 112 property owners were notified of the public hearing tonight and provided a statement indicating their assessed amount; that Central Park Condominium Association was inadvertently omitted from Resolution No. 96R-855; therefore, a separate agreement for participation by Central Park and submittal of the first year's assessment has been developed; that the issue will be discussed under New Business, Item No. VIII-1, later in the agenda. BOOK 40 Page 13496 08/05/96 6:00 P.M. BOOK 40 Page 13497 08/05/96 6:00 P.M. Commissioner Patterson stated that the properties listed on the Assessment Spread are located on Hudson Bayou to the east of Osprey Avenue; and asked if problems with siltation have been experienced by owners with properties along other areas of the Hudson Bayou? Mr. Daughters stated that property owners west of Osprey Avenue have not requested dredging as Hudson Bayou is navigable in that area. Mayor Cardamone opened the public hearing. The following people came before the Commission: James Toale, 1923 Lincoln Drive; Raymond Thacker, 1919 Lincoln Drive; David Davis, 1912 High Point Drive; and Daniel Lawrence, 1945 Lincoln Drive. Mr. Toale submitted six forms signed by property owners consenting to the Proposed Assessment Spread; and stated that the four property owners present also consent to the special assessment district; that the lack of funding from the West Coast Inland Navigation District (WCIND) was disappointing; that City Staff developed an equitable assessment spread. Mr. Thacker stated that he has navigated the Hudson Bayou for 30 years; that in response to Commissioner Patterson's question, a boat can be operated west of Osprey Avenue anytime of the year at any tide. Mr. Davis stated that numerous neighbors have banded over the past 10 years in an effort to resolve the siltation problem in Hudson Bayou; that the special assessment district is a welcome solution; that gratitude is expressed to the City Commission and City Staff for their efforts; that signed consent forms have not been collected, however, all but two of his neighbors on Highpoint Street have indicated support for the assessment spread. Mr. Lawrence stated that gratitude is expressed to all who have made the dredging project possible; that as a life long Sarasotan, he looks forward to having the Hudson Bayou cleaned up. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. Mayor Cardamone stated that the Administration was previously directed to assist the neighborhood by searching for funding sources; and asked the effect on the assessment if a funding source is identified? Mr. Mitchell stated that funding, if made available, could be used to reduce the debt for which the homeowners are being assessed thereby reducing the burden on the neighborhood. Mayor Cardamone stated that funding may be available through the Pollution Recovery Trust Fund; that the City is obligated to continue to pursue funding on behalf of the neighborhood which did not create but is volunteering to finance the clean up of the siltation in Hudson Bayou; that the stormwater retention built upstream should prevent future reoccurrence of the siltation problem. Commissioner Patterson stated that Sarasota Board of County Commissioners previously discussed funding the dredging of canals and bayous through a Countywide source; that City canals and bayous would most likely be included if a Countywide source is used to fund such a project; that property owners in the Hudson Bayou Special Assessment District should receive equitable treatment if a Countywide project is pursued; and requested comment by the Administration. City Manager Sollenberger stated that the County Commission referred the issue to the County Administration for study; that the status will be researched and a report brought back to the City Commission. Mr. Daughters stated that County Staff is pursuing but has not identified a source to fund a Countywide project. City Manager Sollenberger stated that the Administration recommends adopting Resolution Nos. 96R-900 and 96R-911 Deputy City Auditor and Clerk McGowan read proposed Resolution No. 96R-900 by title only. On motion of Commissioner Dupree and second of Vice Mayor Pillot, it was moved to adopt proposed Resolution No. 96R-900. Mayor Cardamone requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 96R-911 by title only. On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to adopt proposed Resolution No. 96R-911. Mayor Cardamone requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes. BOOK 40 Page 13498 08/05/96 6:00 P.M. BOOK 40 Page 13499 08/05/96 6:00 P.M. 11. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3956, AMENDING CHAPTER 33, SARASOTA CITY CODE TO REVISE SPEED LIMITS ON STREETS AS SET FORTH HEREIN; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF : REPEALING ALL ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-3) #1 (3680) through #2 (3877) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission, referred to a road map depicting speed limits, and stated that the Engineering Department has completed a traffic study to determine the 85th percentile speed on Bradenton Road and applied data collected to warrant a reduction in the posted speed limit from 40 mph to 35 mph from Myrtle Street north to University Parkway; that the remaining section of Bradenton Road is presently posted with 35 mph or less speed limits; that proposed Ordinance No. 96-3956 provides for the change in speed limits; that the Engineering Department intends to continue monitoring Bradenton Road for future speed-limit reductions. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 96-3956 on first reading. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 96-3956 by title only. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to pass proposed Ordinance No. 96-3956 on first reading. Mayor Cardamone requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. 12. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3957, AMENDING CHAPTER 14, TO CREATE A NEW ARTICLE VII CONSENTING TO THE EXPANSION OF THE BOUNDARIES OF THE SARASOTA COUNTY MUNICIPAL SERVICE TAXING OR BENEFIT UNIT TO INCLUDE ALL LANDS WITHIN THE BOUNDARIES OF THE CITY OF SARASOTA; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-4) #2 (0100) through (0257) Mark Singer, City Attorney's Office, came before the Commission and stated that under the Interlocal Agreement for Fire and Emergency Medical Services initiated in November 1995 by the City of Sarasota and Sarasota County, the entities agreed to a financial mixture of ad valorem taxation transferred from the City along with fire fee assessments collected by the County; that the ad valorem transfer will reduce over the next several years as the fire assessment fee revenues assume the burden of financing the consolidated departments; that the County agreed to enact an ordinance to expand its Municipal Service Taxing Units (MSTUS) or Benefit Units (Sarasota County Fire and Rescue District) to include all lands in the City of Sarasota; that the City agreed to consent to such expansion for the term of the Agreement or any extension thereof while retaining power to enact Fire Codes applicable within the City of Sarasota and retaining the authority to conduct plans review and approvals; that on July 23, 1996, the County amended the MSTU Ordinance by adopting Sarasota County Ordinance No. 96-056 to implement the expansion; that proposed Ordinance No. 96-3956 amends Sarasota City Code, Chapter 14, to create a new Article VII expanding the boundaries of the County's MSTU or Benefit Unit to include all lands within the boundaries of the City of Sarasota. Mr. Singer continued that information included in the supplemental agenda packet references the service areas created by the amended County ordinance, which include an agricultural/volunteer service area and a separate 24-hour on-duty service area staffed by professional personnel; that the City of Sarasota contribution to the fire assessment fee will be equal to that paid by Sarasota County residents in the on-duty service area; that changes to the County's assessment fee structure will result in fire assessment fees to City residents which are $67,000 less than projected at the time the Interlocal Agreement was signed. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 96-3957 on first reading. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 96-3957 by title only. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to pass proposed Ordinance No. 96-3957 on first reading. Mayor Cardamone requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 13. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3959, AMENDING CHAPTER 16 OF THE SARASOTA CITY CODE, RECYCLING AND SOLID WASTE, ADJUSTING RECYCLING AND SOLID WASTE COLLECTION RATES FOR THE PURPOSE OF OPERATING AND MAINTAINING THE SOLID WASTE MANAGEMENT SYSTEM OF THE CITY OF SARASOTA BY ESTABLISHING NEW RATES FOR RECYCLING AND SOLID WASTE COLLECTION: PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID: BOOK 40 Page 13500 08/05/96 6:00 P.M. BOOK 40 Page 13501 08/05/96 6:00 P.M. PROVIDING FOR REPEALING OF ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-5) #2 (0258) through (0408) City Manager Sollenberger stated that this issue was discussed during the FY 96/97 budget workshops. Gibson Mitchell, Director of Finance, came before the Commission and stated that Sarasota County landfill "tipping fees" are not scheduled to increase for FY 96/97, but contractual services are increasing by approximately $335,000; that higher levels of tonnage are being hauled to the landfill; that 52,000 tons versus the 48,000 tons budgeted for FY 95/96 has created a shortfall; that analysis to determine the reason for the higher level of tonnage has not been conclusive thus far; that contractual services with Browning-Ferris Industries of Florida (BFI) for recycling will increase by $120,000 for the cost of living adjustment and increased tonnage; that in addition, debt service costs are increasing in FY 96/97 by more than $82,000 to pay for the planned refinancing of two Solid Waste collection vehicles valued at $220,000; that reductions of $26,000 for retirement. funding, $32,000 in reduced repair bills, $14,000 in lower container costs, and $47,000 by the elimination of an employment position partially offset the increases; that an 8.5% increase in solid waste collection rates effective September 1, 1996, is proposed to fund the increased costs, which net more than $285,000, and the $274,000 shortfall created by the FY 95/96 budget; that adoption of proposed Ordinance No. 96-3959 will increase the monthly rate for single- family residences by $1.65, from $19.38 to $21.03. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 96-3959 on first reading. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 96-3959 by title only. On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 96-3959 on first reading. Mayor Cardamone requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 14. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3963, AMENDING CHAPTER 16 OF THE SARASOTA CITY CODE, RECYCLING AND SOLID WASTE, BY LIMITING THE SOLID WASTE DEPOSIT FEE TO CUSTOMERS WHO ARE NOT ALSO CITY WATER CUSTOMERS AMENDING CHAPTER 37, WATER AND SEWERS, BY ADJUSTING THE BASIC UNIT SERVICE CHARGE APPLICABLE TO COMMERCIAL, INDUSTRIAL AND OTHER USERS, AND BY ADJUSTING THE BILLING OF THE UNIT SERVICE CHARGE TO NEW CUS- TOMERS, AND BY INCREASING THE REQUIRED DEPOSIT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; PROVIDING FOR REPEALING OF ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-6) #2 (0426) through (0750) Douglas Jeffcoat, Utility Business Office Supervisor, came before the Commission and stated that proposed Ordinance No. 96-3963 addresses the following three issues: Auditor's Management Letter Mr. Jeffcoat stated that the City's Certified Public Accountants identified that the established water/sewer billing practice was not in compliance with the current ordinance; that the changes recommended in proposed Ordinance No. 96-3963 ensure the billing practice is consistent with City Code. A deposit increase Mr. Jeffcoat stated that bad debt write offs and two significant causes for the $100,000+ being written off were presented to the Commission during the FY 96/97 budget workshops; that approximately 85% of the accounts written off are non-owner occupied; that analysis of 139 accounts indicated deposits had been refunded on 8 accounts subsequently written off; that the Administration recommends increasing the current deposit of $90 to $150, along with allowing for the collection of a deposit equal to one month of service from a customer who has solid waste collection service but is not a City water customer; that the change is estimated to reduce the bad debt write offs by $54,000 annually. Limiting the impact of the deposit increase Mr. Jeffcoat stated that the average out-of-pocket cost a customer would pay at the time of establishing service with the City was reviewed with the Commission during the budget workshops; that proposed Ordinance No. 96-3963 removes the requirement to collect, in advance, a billing unit service charge for water and sewer; that the recommended changes eliminate a billing inequity for utility customers who are billed within days of opening an account and reduce the deposit cost to the customer by $19.10. Commissioner Dupree stated that only new customers will be affected by the change in the deposit requirement. Mr. Jeffcoat stated that is correct. BOOK 40 Page 13502 08/05/96 6:00 P.M. BOOK 40 Page 13503 08/05/96 6:00 P.M. Commissioner Patterson stated that a $17,000 bad debt accumulated by a hotel/condominium association was recently written off; and asked if deposits for hotels and condominiums will be adjusted? Mr. Jeffcoat stated yes; that hotels and condominium accounts are calculated based on number of units; that the $90 deposit currently required for each unit will be increased to $150. Commissioner Patterson asked if the increased deposit amount is comparable to deposits required by other utilities? Mr. Jeffcoat distributed and referred to a deposit survey reflecting deposit amounts for Sarasota County at $150 and Kensington Park at $130 for water and sewer; and Manatee County at $135 and the City of Venice at $125 for owner and $250 for tenant for water, sewer, and solid waste. Commissioner Patterson stated that increasing the deposit has been recommended to reduce the impact from bad debt write offs; and asked if shortening the length before collection procedures begin on outstanding debts would produce a similar result? Mr. Jeffcoat stated that adjusting billing dates is not a feature of the City's billing system; that billing statements are issued on cycles; that customers on fixed income would have service interrupted if the payment period was shortened and postal delays occurred or payments were misapplied; that reducing the payment period is not recommended. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 96-3963 on first reading. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 96-3963 by title only. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 96-3963 on first reading. Mayor Cardamone requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes. 15. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3960, ANNEXING CERTAIN REAL PROPERTY LYING CONTIGUOUS TO THE CITY LIMITS INTO THE CORPORATE LIMITS OF THE CITY OF SARASOTA, AS PETITIONED BY THE CITY OF SARASOTA; SAID REAL PROPERTY BEING DESCRIBED AS FOLLOWS; A PORTION OF THE BOBBY JONES GOLF COURSE THAT LIES OUTSIDE THE CITY LIMITS, CONSISTING OF APPROXIMATELY 48.9 ACRES, WITH A STREET ADDRESS OF 1000 CIRCUS BOULEVARD; 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. 96-ANX-01, PETITIONER CITY OF SARASOTA) - PASSED ON FIRST READING (AGENDA ITEM IV-7) #2 (0750) through (0882) Jane Robinson, Director of Planning and Development, came before the Commission and stated that proposed Ordinance No. 96-3960 will annex the 48.9 acres of the Bobby Jones Golf Complex which lie outside the City limits; that the property was identified when Staff pursued the Commission directive to locate a manager/caretaker residence at the Complex; that this is the only contiguous City-owned property which has not been incorporated. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 96-3960 on first reading. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 96-3960 by title only. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 96-3960 on first reading. Mayor Cardamone requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes. 16. CONSENT AGENDA NO. 1: ITEM NOS. 1, 3, 4, 5, 6, 7,8, 9, 10, 11, AND 12 = APPROVED; ITEM NOS. 2 AND 13 - APPROVED (AGENDA ITEM III-A) #2 (0887) through (1066) Commissioner Patterson requested that Item No. 2 be removed. Commissioner Dupree requested that Item Nos. 2 and 13 be removed for discussion. 1. Approval Re: Set for public hearing proposed Ordinance No. 96-3958, to regulate dogs within Arlington Park; setting forth findings; defining terms; requiring that dogs within Arlington Park be on a leash; requiring that fecal matter be removed; allowing dogs within specified areas in Arlington Park; amending Chapter 10, Sarasota City Code, pertaining to posting of signs in public parks where dogs are prohibited; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. BOOK 40 Page 13504 08/05/96 6:00 P.M. BOOK 40 Page 13505 08/05/96 6:00 P.M. 3. Approval Re: 1996 Community Development Block Grant Application 4. Approval Re: Rehabilitation and sale of City-owned property located at 1644 Eighth Street 5. Approval Re: Settlement of claim for personal injuries by Annette Grishman 6. Approval Re: Award Purchase Order Contract to Altair Environmental Group, Inc., Longwood, Florida, in the amount of $51,195 for storm sewer pipe line repair at 3315 Bayshore Road 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a professional services contract with Stewart Engineering Consultants, Sarasota, Florida, (RFP #96-87) to provide analysis, design, preparation of plans/specifications and construction observation for a partial upgrade for the existing City Hall/Annex H.V.A.C system 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract with Post, Buçkley, Schuh & Jernigan, Inc., (RFP #96-40) to provide consulting services relative to the development of options for regional wet-weather storage of reclaimed waste water in Sarasota and Manatee Counties, Florida 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a professional services contract with Dufresne-Henry, Inc., Sarasota, Florida, (RFP #96-96) to provide services relative to the design, permitting and construction management of a non-vehicular fuel storage tank system at the Verna Wellfield 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre-Annexation Agreement for Chambersburg Broadcasting. Co. located at 2259 Bee Ridge Road, (Site 10-5) a retail store/office 11. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre-Annexation Agreement for Robert F. Baumann located at 2227 Bee Ridge Road, (Site 10-2) a retail store/office 12. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre-Annexation Agreement for Racquet Club Associates, (Site 13-20) a shopping center and private sewage treatment facility, known as Chili's Plaza On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve Consent Agenda No. 1, Items 1 through 12, excluding Item 2. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Agreement between the City of Sarasota, Main Street Depot, Inc., Great American Concessions, Inc., and Sarasota Bank to allow the Main Street Depot to obtain mortgage refinancing on the leasehold Commissioner Patterson stated that her husband's law firm has represented the Main Street Depot in other matters; therefore, she declares a conflict of interest and will not vote on this item. Commissioner Dupree requested clarification of the item. City Attorney Taylor stated that the owner of Main Street Depot originally obtained financing from Barnett Bank for improvements to the leasehold; that the City entered into an agreement allowing Barnett Bank to lien the improvements for the loan amount but not the real estate; that a similar agreement is being requested as the owner has pursued refinancing through another lending institution. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve Consent Agenda No. 1, Item 2. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, abstained; Pillot, yes; Cardamone, yes. 13. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Third Addendum to the Contract for the sale of a portion of the Fourth Street Fire Station property to Roy C. Smith and Barbara Sue Smith Commissioner Dupree requested clarification of the item. City Attorney Taylor stated that a Contract for Sale of Real Estate in association with the Goodyear Tire and Rubber company relocation was executed on March 4, 1996; that difficulties with negotiations required a second addendum to extend the closing date; that the Smiths have signed a lease with Goodyear and have a mortgage loan commitment for financing; that approval is being requested to extend the closing date from on or before July 31, 1996, to on or before September 30, 1996, to enable completion of final plan and specification review of the new structure and to obtain bids from contractors; that future extensions would not be necessary. On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to approve Consent Agenda No. 1, Item 13. BOOK 40 Page 13506 08/05/96 6:00 P.M. BOOK 40 Page 13507 08/05/96 6:00 P.M. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 17. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 96R-909) - ADOPTED; ITEM 2 (RESOLUTION NO. 96R-912) - ADOPTED; ITEM 3 (ORDINANCE NO. 96-3924) - ADOPTED; ITEM 4 (ORDINANCE NO. 96- 3937) - ADOPTED; ITEM 5 (ORDINANCE NO. 96-3940) - ADOPTED; ITEM 6 (ORDINANCE NO. 96-3948) - ADOPTED; AND ITEM 7 (ORDINANCE NO. 96-3955) = ADOPTED (AGENDA ITEM III-B) #2 (1069) through (1363) Commissioner Dupree requested that Item No. 6 be removed for discussion. Deputy City Auditor and Clerk McGowan read proposed Resolution Nos. 96R-909 and 96R-912 in their entirety and proposed Ordinance Nos. 96-3924, 96-3937, 96-3940, and 96-3955 by title only. 1. Adoption Re: Proposed Resolution No. 96R-909, appropriating $55,000 from the Unappropriated Fund balance of the General Fund to fund the hiring of one full-time temporary Senior Planner for 12 months in order to complete the Sarasota City Plan Work Program; etc. 2. Adoption Re: Proposed Resolution No. 96R-912, appropriating $185, ,000 from the Unappropriated Fund bal- ance of the General Fund to fund sidewalk replacement of the Southside Village Streetscape Project on Hillview and Osprey; etc. 3. Adoption Re: Second reading of proposed Ordinance No. 96-3924, to vacate a portion of Serena Street located on the east side of Lockwood Ridge Road just south of Jolson Drive and north of Fruitville Road between properties having a street address of 140 and 220 North Lockwood Ridge Road; said portion of Serena Street runs easterly to the west right-of-way line of Beethoven Avenue, as more particularly described herein; etc. (Title Only) 4. Adoption Re: Second reading of proposed Ordinance No. 96-3937, to conditionally rezone said site from CN Zone District to MCI Zone District; and to approve Preliminary Site and Development Plan 96-PSD-H to permit the operation (by the YMCA) of residential housing for homeless youth on the following described real property: subject site lies on the northwest corner of First Street and N. School Avenue with a street address of 2195 First Street; more particularly described herein; etc. (Title Only) (Petition Nos. 96-CO-05 & 96-PSD-H, Petitioner Morgan Bentley, representing The Sarasota Family YMCA) 5. Adoption Re: Second reading of proposed Ordinance No. 96-3940, to rezone a parcel of City owned real property from RMF-3 Zone District to G Governmental) Zone District, said property described as the east 35 feet of Lot 8 and the west 32 feet of Lot 10, Block A. La Linda Terrace Subdivision as recorded in Plat Book 1, Page 85 of the Public Records of Sarasota County, Florida; said parcel has a street address of 2034 Waldemere Street; more particularly described herein; etc. (Title Only) (Petition No. 96-RE-07, Petitioner, City of Sarasota) 7. Adoption Re: Second reading of proposed Ordinance No. 96-3955, pertaining to the expiration of Final Site and Development Plans or Development Plans processed as part of a conditional rezoning; providing for a stay of the expiration of Final Site and Development Plans or De- velopment Plans that are part of a conditional rezoning; implementing the stay from the effective date of this ordinance to the date of final adoption by the City Commission of an ordinance amending Article IV, Sec. 4- 10, and Article V, Sec. 5-15, Zoning Code, as part of the comprehensive update of the Zoning Code; providing for a stay of the requirement to rezone property to its former Zone District classification when the Final Site and Development Plan or Development Plan Processed with a conditional rezoning would expire after September 1, 1995; implementing the stay until such time as said Code sections are amended as part of the comprehensive update of the Zoning Code; setting forth findings as to need for and public purpose served by such a stay; repealing ordinances in conflict; providing for the severability of the parts hereof if declared invalid; etc. (Title Only) On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to adopt Consent Agenda No. 2, Items 1 through 7, excluding Item 6. Mayor Cardamone requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes. 6. Adoption Re: Second reading of proposed Ordinance No. 96-3948, amending Chapter 24, Personnel, Article II, Pensions, Division 3, Police, of the Code of Ordinances of the City of Sarasota; amending Section 24-69, disability and death, to provide for an additional presumption for in-line of duty disability benefits; repealing all ordinances in conflict herewith; etc. (Title Only) BOOK 40 Page 13508 08/05/96 6:00 P.M. BOOK 40 Page 13509 08/05/96 6:00 P.M. Commissioner Dupree asked for clarification of the process required to repeal all conflicting ordinances. City Attorney Taylor stated that changes to the existing Code are represented to the Commission by strikeouts for deletions and underline for additions; that the Code is comprised of previously adopted ordinances; that portions of ordinances are repealed when language is deleted from the Code; that "repealing all ordinances in conflict" also refers to the deletion of any inconsistent language which may not have been reflected by strikeouts when the change was presented. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 96-3948 by title only. On motion of Commissioner Dupree and second of Commissioner Merrill, it was moved to adopt Ordinance No. 96-3948. Mayor Cardamone requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. The Commission recessed at 8:12 p.m. and reconvened at 8:22 p.m. 18. UNFINISHED BUSINESS: STATUS RE: PROPOSED DOWNTOWN AREA PARKING STUDY UPDATE (AGENDA ITEM VII-1) #2 (1400) through (2137) Paul Thorpè, Chairman Downtown Parking Area Committee; Asim Mohammed, Assistant City Engineer; and Russell Pillifant, Commander, Support Services Bureau, Public Safety Department, came before the Commission. City Manager Sollenberger stated that Mr. Mohammed and Commander Pillifant provide Staff support to the Committee; that final recommendations from the Committee have not been developed as the size of the library has yet to be determined. Mr. Thorpe stated that in October 1995 the City Commission approved establishment of a committee to study potential impacts of the proposed Library on downtown parking; that the Downtown Area Parking Committee has met every month since last October; that the impact area was defined and survey data collected in October and February; that the initial conclusion from the draft Sarasota Downtown Area Parking study is that adequate parking Downtown is available; that only 59% of the parking spaces in the downtown sector are occupied during the peak hours, from 12 to 1 p.m.; that sufficient parking space is available for businesses generating traffic during the peak hours; that although the size of the proposed library is not known, the Committee estimates sufficient parking will be provided when the library project is constructed. Mr. Thorpe continued that 674 parking spaces were identified throughout the library impact area between Fruitville Road and Ringling Boulevard and Orange Avenue to U.S. 41; that the Committee will present the Parking Study to the public on September 26, 1996, at a financial institution on Main Street; that the input received and the demographics of the library project will be reviewed and a final recommendation submitted to the Commission. Mayor Cardamone stated that the final Parking Study report should include a summary page of conclusions. Mr. Mohammed stated that final approval of a conclusions list is scheduled on the Committee's August 16, 1996, meeting agenda; that copies will be forwarded to the Commission and available when the report is presented to the public. Mayor Cardamone asked if statistics regarding existing use of the Selby Library, i.e., the daily number of patrons and the number of patrons who walk or drive, could be included in the report? Mr. Mohammed stated that information received from the consultant regarding the number of patrons driving and the areas from which patrons come can be forwarded to the Commission. Mayor Cardamone asked the peak hour of library use? Mr. Thorpe stated between 11 a.m. and 2 p.m. The following people came before the Commission: Ernest Babb, 1886 Bahia Vista Street (34239), stated that two years ago downtown business owners reported a parking problem existed; that although no measures have been taken to increase parking spaces over the past two years, the draft Sarasota Downtown Area Parking Study indicates no parking problem exists in the downtown. Mr. Babb continued that although the Zoning Code does not require parking in the Government Use (G) Zone District, adequate parking has been provided for all County facilities located in the downtown; that the County will provide the parking spaces necessary to service the library; that parking spaces required by the City for development approval are privately owned and not for public use; that a convenience parking problem downtown is apparent; that patrons of businesses in the middle block of Main Street do not want to park at Marina Jack; that the parking study should not focus on the library requirements but on present and future downtown public parking requirements; that the bus transfer terminal not the library should be the project on which the study focuses. BOOK 40 Page 13510 08/05/96 6:00 P.M. BOOK 40 Page 13511 08/05/96 6:00 P.M. Mary Quillin, 2304 Ringling Boulevard #213, stated that she has 30 years experience in the marketing and advertising field and has performed numerous studies and surveys; that the Committee's conclusion that no parking problem exists in the downtown is surprising; that important elements were omitted from the field surveys which were conducted only on one day in October and one day in February from 8 a.m. to 4 p.m.; that the study does not indicate the dates on which the survey was conducted; that influx of traffic is dependent on the time of the month and the day of the week; that various events occurring in the community were not considered. Ms. Quillin continued that the City public parking lots have a total of 444 spaces; that many of the monthly purchasers do not utilize the parking permits daily; however, the City issues 349 parking permits for all day/all week parking, which leaves only 95 spaces available for use by the general public; that subtracting the 85 spaces in the Central Avenue parking lot the City transferred to the County, leaves only 10 parking spaces for use by the general public; that the 92 spaces in the Second Street parking lot which was sold to the County by William Griffin, RISCORP, will be restricted for library patrons. Ms. Quillin further stated that the updated parking study recognizes that only 148 of the 674 parking spaces identified are public parking spaces; that the remaining spaces have signage indicating parking for specific patrons; that the commercial parking spaces are signed with towing notices. Ms. Quillin stated further that the parking study is flawed; that the Committee should be requested to submit a study which reflects accurate data for public review. 19. UNFINISHED BUSINESS: STATUS RE: NEIGHBORHOOD CONCERNS REGARDING NOISE IN THE DOWNTOWN AREA - DIRECTED CITY ATTORNEY TO DRAFT AN ORDINANCE RESTRICTING AMPLIFIED MUSIC WITHOUT A TOTAL BAN AND TO SECURE CONSULTATION AS DEEMED APPROPRIATE TO DRAFT THE ORDINANCE PROPERLY; CITY ATTORNEY TO REPORT BACK REGARDING UNMUFFLED BOATS (AGENDA ITEM VII-2) #2 (2137) through #3 (1330) Mayor Cardamone stated that on June 17, 1996, the City Commission directed the Administration to have police officers assess the establishments in the downtown regularly to determine if the loud and raucous noise standard is being violated and to issue citations for violations identified even if a complaint had not been received; that subsequently, an owner of the Lemon Coast Grill came before the Commission indicating voluntary changes to the building would be made to reduce the level of noise; that this item was agendaed to receive a status report from the Administration. John Lewis, Director of Public Safety, came before the Commission and stated that at 10 p.m. on June 18, 1996, he met with Al Hogle, Captain, Patrol Division, and the afternoon and midnight shift lieutenants to issue the new directive regarding violations of the loud and raucous noise standards and what was expected from the patrol division regarding noise enforcement in the downtown; that at 9:30 a.m. on Thursday, June 20, 1996, the Management Team met with Paul Thorpe, Executive Director of the Downtown Association, and representatives from the Gator Club, Main Street Depot, and Lemon Coast Grill to discuss the number of noise complaints received and citations issued; that on August 1, 1996, a letter was forwarded to the owners of the Lemon Coast Grill indicating that 17 of the 20 noise complaints received in the downtown area between May 20 and July 20, 1996, were related to the Lemon Coast Grill and requesting a status report be provided regarding the building renovations planned to reduce the level of noise emanating from the establishment; that on August 2, 1996, a memorandum was issued to Captain Hogle directing that the downtown zone officers be advised to strictly enforce the noise ordinance, specifically in regard to the Lemon Coast Grill. Director Lewis continued that the number of noise complaints received increased substantially after the Lemon Coast Grill opened for operation approximately six months ago; that citations for noise violations were issued to the Lemon Coast Grill on July 7 and July 28, 1996; that although discussed as options, the City Attorney's Office recommended against seizing musical instruments and amplifiers for evidence or attempting to secure an injunction to close down the Lemon Coast Grill as the City would assume liability and could incur financial responsibility if such action were taken. Director Lewis further stated that the residents of the Dolphin Tower Condominium have been extremely patient and cooperative; that information received from the Lemon Coast Grill and copies of the citations issued have been forwarded to the residents' representatives; that unless expedient resolve to the noise problem is addressed by the owners of the Lemon Coast Grill, the Commission should reconsider implementing an ordinance to ban outdoor amplified music as previously recommended by the Administration. Commissioner Patterson asked the measures taken by the owners of the Lemon Coast Grill to reduce the sound level? Director Lewis stated that a status report in writing from the owners has not been received; that the owners have indicated a willingness to work with the City; however, a substantial reduction in the noise complaints associated with the Lemon Coast Grill has not been observed. BOOK 40 Page 13512 08/05/96 6:00 P.M. BOOK 40 Page 13513 08/05/96 6:00 P.M. Commissioner Patterson stated that the owners' intent to install sound board and baffling to absorb the sound emanating from the Lemon Coast Grill was promising; that the owners should be asked if the baffling has been installed or when installation is scheduled. Director Lewis stated that the owners, who are aware the City is interested in resolving this problem, have taken no initiative to inform thé City on the status of the renovations; that any measures taken to date have not been effective in abating the noise; that the statistical information compiled shows the Sarasota Police Department continues to receive noise complaints regarding the Lemon Coast Grill. Commissioner Merrill stated that the 17 complaints referenced were received betwèen May 20 and July 20, 1996; however, only two citations were issued to the Lemon Coast Grill in July; and asked if two violations are more severe and thus not comparable to the number of complaints received? Director Lewis stated that is correct; that other complaints were received, but when the responding officer arrived the music had either been turned down or was determined not to meet the loud and raucous standard. Commissioner Merrill stated that police officers who patrol the downtown on the weekend evenings hear the noise but determined only on two occasions in July that the loud and raucous standard had been violated. Director Lewis stated that is correct; that discussions held with the police officers assigned to the downtown zone reveal that although the music may be loud, the legal standard of loud and raucous has not been violated and, therefore, issuing a citation could not be substantiated in court; that the subjectivity required to determine the legal definition of loud and raucous makes enforcement difficult; that a ban on outdoor amplified music would make enforcement easier. Commissioner Merrill stated that the Administration received Commission directive to enforce the existing noise ordinance from the sidewalk in front of the establishment; that only two citations were issued during the month following the Commission directive; and asked if the noise was perceived by neighbors as above reasonable standards on more than two evenings in July? Director Lewis stated that the Dolphin Tower residents, who have been patient and understanding, are not viewed as making frivolous complaints but call only when the level of noise is perceived as loud and raucous; however, the responding police officers agreed with the residents on only two occasions in July. Commissioner Merrill asked the number of noise complaints received regarding the Lemon Coast Grill following the June 17, 1996, Commission meeting? Director Lewis stated that 17 complaints were received subsequent to the Commission meeting. Commissioner Patterson asked the manner in which police officers determine the legal standard of loud and raucous? Director Lewis stated that making that determination is difficult; that Marc Singer, City Attorney's Office, reviewed the various definitions with him, Captain Hogle, and the lieutenants and officers generally assigned to the downtown zone; however, the determination as to whether the noise meets the loud and raucous standard is subject to interpretation by the individual officer. city Attorney Taylor stated that common sources, i.e., the dictionary, have been used to define the loud and raucous standard; however, internal difficulties occurring with determinations and various perceptions regarding violations of the standard will make defending the standard before the judge difficult if a citation is issued and appealed or an injunction to cease the noise were to be pursued; that an ordinance banning outdoor amplified music would be easier to enforce and could be written to exclude nonoffending establishments by including times and other standards which would apply. Vice Mayor Pillot stated that the loud and raucous standard is subjective; that the conditions under which a police officer who is awake and on duty responds to a noise complaint are different than those of a resident who is attempting to enjoy their home in a restful way and has been subject to noise for numerous hours or is awaken by loud music; that the work of the Sarasota Police Department is respected; however, he is unwilling to allow the noise in the downtown area to continue to disturb residents who are entitled to peace and quiet and enjoyment of their homes; that he supports directing the City Attorney to prepare an ordinance banning outdoor amplified music. Commissioner Merrill stated that noise emanating from the Sandbar Restaurant was an issue on Anna Maria Island in previous years; that effective measures were taken to resolve the noise problem as the Sandbar Restaurant, located immediately adjacent to residential dwellings, continues to provide live entertainment; that a compromise on something less than a ban on amplified music, e.g., limiting the hours and the decibels at which music can be played, should be considered; that measures taken by other communities to address noise issues should be reviewed. BOOK 40 Page 13514 08/05/96 6:00 P.M. BOOK 40 Page 13515 08/05/96 6:00 P.M. Vice Mayor Pillot stated that the City Attorney referenced the drafting of an ordinance which would include conditions to allow music to be played and performed in an acceptable manner during specified time periods; that the Commission should seek relief for the residents of Dolphin Tower. Mayor Cardamone stated that the intent of directing the Administration to enforce the noise ordinance was to quickly resolve the problem Dolphin Tower residents are experiencing; that this has not occurred as the City has an ordinance in effect which contains a standard that cannot be defined, defended, or enforced. Commissioner Patterson stated that the existing noise ordinance was drafted to replace the decibel standard which had minimal results and was presented as enforceable when adopted by the Commission; that the noise problems cannot be allowed to continue; that an amended ordinance may be required; that the noise patrol officers in the City of Davis, California, were recognized in a recent Florida League of Cities publication. Commissioner Patterson continued that complaints have been received regarding unmuffled boats entering and leaving the Quay Basin; that one boat specifically identified by Phillip Dasher as excessively loud was tested by the Sarasota Police Department and determined not to be loud and raucous; that the same boat recently travelled past her home causing both her and her husband to be awakened at 4 a.m. as the glass in the windows rattled; that the setting in which noise violations are viewed should be addressed; that empathy training to gain insight on living with continuous noise disruptions could assist with the difficulties police officers have interpreting the loud and raucous standard. Director Lewis stated that every officer on the police force understands the intensity with which the City Commission and Administration have directed enforcement of the noise ordinance; that the police officer assigned to the downtown in the afternoon attends the City Commission meetings and listens to the discussions held regarding noise problems; that he, Gordon Jolly, Chief of Police Services Bureau, and Captain Hogle have each been present in the downtown on numerous weekend evenings from 10 p.m. to 2 or 3 a.m. to personally assist the police officers in determining what loud and raucous is; that the police officers are aware the noise ordinance is to be strictly enforced and empathize with the residents of Dolphin Tower and in the Quay Basin area; that citations are issued when the opportunity exists. Mayor Cardamone stated that a noise heard while walking the streets downtown is different than the same noise floating through the air which when heard awakens a sleeping resident. Vice Mayor Pillot stated that police officers equipped with radar devices are not forced to make subjective decisions to determine the speed of a vehicle; that subjectivity should be removed from the noise ordinance to the greatest extent legally, ethically, and rightfully possible. The following people came before the Commission: Ernest Ritz, 1490 First Street (34230), representing the Gator Club and Main Street Depot, stated that his comments are from the perspective of a business owner who has provided live entertainment in the downtown since 1998; that a peaceful coexistence with the local neighborhoods and condominium associations has been achieved by addressing problems with noise which arise; that a direct complaint received from the Laurel Park Neighborhood Association was assessed and addressed by changing the position of the stage on which music is played; that noise complaints were not an issue untilapproximately six months ago when the Lemon Coast Grill began operation; that as difficulty with defining the loud and raucous standard was experienced police officers were previously required to respond only to complaints; that legitimate complaints received from specific locations can easily be addressed; however, addressing anonymous complaints is difficult as the point at which the disturbing sound is heard cannot be identified; that recently the Main Street Depot was informed of a noise complaint received from Sixth Street and Central Avenue, an area comprised of a gym, a closed restaurant, a storage facility, a bail bondsman business, and a telephone booth; that the caller was probably a vindictive person who had been asked to leave the Main Street Depot; that this could be avoided by requiring callers to identify themselves and specify the problem being experienced. Mr. Ritz continued that live entertainment is provided for patrons; that others should not be required to listen to music played in the downtown; that loud and raucous is such a nebulous standard that the Gator Club was recently cited for noise emanating at street level; that the band plays on the lower level of a well-insulated, two-story building which prevents sound from escaping; that the doors to the Gator Club remain open for ventilation; that sound escaping only at street level should be acceptable as people passing the Club are in a festive mood enjoying the downtown. Mr. Ritz further stated that the Commission should focus on implementing a noise ordinance with standards by which existing, nonoffending businesses can abide; that determining noise levels by decibel readings taken by meters is supported; that business owners and police officers could be equipped with decibel meters to measure set standards of sound; that all parties affected should be involved in setting the standards and in determining the point at which meter readings are taken, i.e., at the establishment and/or at the point of disturbance. BOOK 40 Page 13516 08/05/96 6:00 P.M. BOOK 40 Page 13517 08/05/96 6:00 P.M. Peter Hickman, 101 South Gulf Stream Avenue (34236), representing Dolphin Tower Condominium Association, stated that this is his third appearance before the Commission regarding the noise problem experienced by Dolphin Tower residents; that the majority of his comments were expressed during Commission discussion; that the Commission's and Administration's efforts to reach a resolve are appreciated; that Mr. Ritz's comments were encouraging; that a solution which is acceptable to all those who live and work in the downtown should be pursued; that deleting the term "raucous"s should be considered; that loud is a sufficient term to describe a disturbance which keeps residents from sleeping; that volume of sound can be measured by decibels; that raucous cannot; that the point of measurement should be determined; that measurements taken within the building would be permitted by Dolphin Tower residents in an effort to establish mutually acceptable levels of sound; that finding a solution to the noise problem in the shortest time possible is requested to relieve Dolphin Tower residents who continue to experience sleepless nights. David Venafro, 35 South Lemon Avenue, representing Lemon Coast Grill, stated that he is one of four partners who own the Lemon Coast Grill; that improvements completed to contain sound at the Lemon Coast Grill include purchase and installation of $2,000 in foliage and $3,500 in vinyl rolldowns; that delivery of acoustic sound board which was ordered on July 8, 1996, will take six to eight weeks; that the band volume has been lowered drastically; however, band equipment and levels varyi that on weekend nights the level of sound is measured from the six-level Mira Mar parking garage, which is in close proximity to the Dolphin Tower; that elements of the music, i.e., vocals or snare drum, which are heard echoing off the buildings are adjusted and reassessed until the sounds can barely be heard; that regardless, noise complaints are still received; that two citations were issued in July; that the first citation was issued at 12:30 a.m. because two complaints had been received although the police officer stated the noise was not considered loud and raucous; that the police officer issuing the second citation expressed a similar view but was ordered by his lieutenant, who was not on site, to issue the citation; that the citations will be paid without appeal; that the Lemon Coast Grill is attempting to resolve the situation; however, additional time is necessary to complete the improvements. Mr. Venafro continued that he resides in the vicinity of Hibiscus Street and East Avenue behind the Cabana Inn and accepts the noise emanating from that establishment on the weekend; that he also loses sleep from waiting at numerous traffic signals along U.S. 41 which stop traffic for crossing vehicles although no vehicles are present at the intersection; that the Lemon Coast Grill is attempting to rectify the problems with noise affecting residents' sleep patterns; that patrons of the Lemon Coast Grill complain the level of music is too low; that patience by the Commission and the Dolphin Tower residents is requested to allow the Lemon Coast Grill to implement improvements which will hopefully resolve the problems with noise. Mr. Venafro further stated that an ordinance which bans outdoor live music will turn the downtown into a ghost town; that measuring the level of sound by decibel meters is supported; that limiting the times during which music can be played will not reduce the number of complaints received, as callers complain on Sunday afternoons when a jazz quartet plays unamplified music. Mayor Cardamone asked the hours of operation at the Lemon Coast Grill? Mr. Venafro stated that the Lemon Coast Grill is opened from 11 a.m. to 2 p.m. on Monday; 11 a.m. to midnight on Tuesday, Wednesday, and Thursday; 11 a.m. to 2 a.m. on Friday and Saturday; and 2 p.m. to 9 p.m. on Sunday; that bands have previously played past 9 p.m. on Sundays; however, that practice has ceased in an effort to coexist peacefully with residential neighbors; that music is not played past 12:45 a.m. on the weekends. Commissioner Patterson asked that date anticipated for installation of the sound boards and baffling ordered? Mr. Venafro stated that locating, selecting, and ordering the outdoor sound board took six weeks; that an additional six weeks is anticipated for delivery; that the sound boards should be installed within four to six weeks. Mayor Cardamone stated that she feels misled by the statements made by Louis Venafro, who represented the Lemon Coast Grill at the July 1, 1996, Commission meeting; that immediate improvements were expected; that receiving a letter dated July 25, 1996, from Joyce Mintzer and hearing the comments made earlier by Director Lewis indicating the situation has not been resolved were surprising; that an ordinance could have been on the agenda tonight if the Commission had not listened to the promises set forth by the owners of the Lemon Coast Grill and delayed the process; that complaints regarding noise at the Lemon Coast Grill are valid; that the noise at street level was appalling as she drove by the Lemon Coast Grill one Sunday afternoon at approximately 3 p.m.i that Commissioner Merrill previously expressed a similar experience. Mr. Venafro stated that in excess of $5,000 has been expended on improvements; that the sound boards will cost at least another $5,000. Mayor Cardamone stated that the owners have not resolved the noise problem as promised or as expeditiously as the Commission and BOOK 40 Page 13518 08/05/96 6:00 P.M. BOOK 40 Page 13519 08/05/96 6:00 P.M. residents expected; that taxpaying citizens have the right to sleep peacefully through the night. Vice Mayor Pillot stated that he also feels misled; that continuous exposure to loud music, which affects one's hearing, could be the reason patrons have complained the music is too low; that asking for patience until the sound boards are delivered and installed is a reasonable request; and asked if the owners would stipulate to reducing the volume adequately to produce a level of sound equal to that which would be heard after installation, until the sound boards arrive? Mr. Venafro stated that the Commission could join him at the Grill or on the Mira Mar parking garage on a Friday at midnight; that he feels there are many weekend nights during which the residents at Dolphin Tower hear no noise. Vice Mayor Pillot stated that his opinion would be biased as loud music is not favored. Commissioner Patterson stated that the downtown is frequented often; that a reduction in volume at the Lemon Coast Grill has been observed over the past month; that at street level the sound is not extreme for an establishment which offers live entertainment; however, sound from the Lemon Coast Grill is directly tunnelled to Dolphin Tower as no other buildings absorb the sound; that whether or not the music is loud and raucous is irrelevant to a Commission attempting to balance interests of a lively downtown and people who want to live in it; that a problem exists; that an ordinance banning outdoor amplified music would easily resolve the situation; that passing such an ordinance would not turn the downtown into a ghost town as only two establishments downtown currently provide outdoor amplified music: Lemon Coast Grill and Main Street Depot; that eliminating any thriving business in the downtown is not her preference; however, a serious problem exists which the owners of the Lemon Coast Grill should work diligently toward solving; that the Commission will solve the problem if the owners do not. Mr. Venafro stated that improvements have been and will continue to be accomplished as fast and quickly as possible. Commissioner Dupree stated that a television or stereo played too loud in a home can be turned down; that headphones can be used if one member of a family chooses to listen to loud music; that amplified noise emanating from "boom boxes" in vehicles is another problem in the community; that banning amplified music in all open spaces should be considered. Commissioner Merrill stated that he met with two of the Lemon Coast Grill owners and strongly suggested expedient measures be taken to resolve the noise problem; that the owners should recognize the urgency of resolving the problem themselves, as a solution by the Commission may come at the expense of the Lemon Coast Grill. Mr. Venafro stated that measures have been taken to reduce the noise; that the trees and vinyl rolldowns were purchased and installed immediately; that the sound board, which should substantially reduce the sound heard by Dolphin Tower residents, has been ordered and will be installed once delivered; that the volume has been substantially lowered to the point that patrons are not satisfied; that music cannot be heard at street level or from the sixth level of the Mira Mar parking garage; however, complaints are still being received; that the Lemon Coast Grill is attempting to cooperate with the City and the residents. Joyce Mintzer, 101 Gulf Stream Avenue (34236), representing Dolphin Tower, stated that she was hoping to report back to the Commission that the noise problems have been resolved; however, that is not the case; that the Mira Mar parking garage has six levels; that Dolphin Tower has 15 stories; that Mr. Venafro's inference to losing sleep from waiting at a stop light was insulting; that Dolphin Tower residents are unable to sleep in their own homes; that no amount of sound should be heard in a private home unless that sound is created or desired by the homeowner. Ms. Mintzer referred to logs completed by various residents and stated that 30% of the Dolphin Tower residents are on vacation; however, 12 complaints regarding noise from the Lemon Coast Grill have been logged since July 19, 1996. Ms. Mintzer continued that Dolphin Tower residents have had no problem with noise coming from the Main Depot; that the noise problem has only existed for the past six months since the Lemon Coast Grill opened for operation; however, Dolphin Tower residents are also subject to music emanating from a recently established Cigar Bar on Palm Avenue. Ms. Mintzer further stated that a time restriction will not resolve the problem; that residents who sO desire should be able sleep at 8 p.m. i that patrons listening to music at an establishment can leave when tired, go home, and sleep without hearing the music any longer; that the Dolphin Tower residents cannot sleep until the band at the Lemon Coast Grill stops playing; that a telephone conversation was held on June 28, 1996, with Michael Venafro, partner, Lemon Coast Grill, who discussed the improvements planned and promised the noise problems would be resolved within a few weeks; that the Dolphin Tower residents were encouraged; that the noise level has been reduced; however, the problem still exists. city Manager Sollenberger stated that Director Lewis. and City Attorney Taylor have expressed the difficulties associated with the BOOK 40 Page 13520 08/05/96 6:00 P.M. BOOK 40 Page 13521 08/05/96 6:00 P.M. loud and rauçous standard and recommended the enactment of an ordinance banning outdoor amplified music. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to direct the City Attorney to draft an ordinance restricting outdoor amplified music other than on a total ban basis. Commissioner Merrill stated that the measures taken on Anna Maria Island and in Davis, California, should be researched; that a compromise would be better than a total ban; that decibel meters will not address the "thumping" bass sound which disturbs the residents in the Quay Basin area. City Attorney Taylor stated that a Management Task Team has been established to address solutions to the noise problems at the Quay; that hiring a consultant to assist in preparing a proper noise ordinance has been recommended. The maker of the motion, Vice Mayor Pillot, with consent of the seconder, Commissioner Merrill, amended the motion to include authorizing the City Attorney to seek consultation as deemed appropriate to draft the ordinance properly. Commissioner Dupree stated that an ordinance regarding amplified music should be applicable Citywide and also pertain to moving vehicles; that the ordinance should not be limited to problems created by the Quay or Lemon Coast Grill. Vice Mayor Pillot agreed. Mayor Cardamone stated that she will support the motion; however, establishments that provide live entertainment with amplified music but have never received a noise complaint may be eliminated by the ordinance; that this concerns her. Commissioner Patterson stated that Commissioner Dupree's statement is valid; however, two separate ordinances may be more appropriate; that she is also concerned with eliminating nonoffending businesses; that complaints regarding outdoor amplified music have been focused in the downtown; that unintended consequences could be avoided by drafting a zone-specific ordinance. Mayor Cardamone called for a vote on the motion to direct the City Attorney to draft an ordinance restricting amplified music without a total ban and to secure consultation as deemed appropriate to draft the ordinance properly. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Commissioner Patterson stated that unmuffled boats will have to be addressed regarding noise at the Quay Basin; and asked if mufflers are required on boats? City Attorney Taylor stated yes; however, the State Statute will have to be researched regarding boats with cut-outs. Commissioner Patterson asked if the City has the ability enforce stricter regulations? City Attorney Taylor stated no; that boating is an area which has been pre-empted by the State; that a report will be forwarded to the Commission. 20. NEW BUSINESS: APPROVAL RE: AWARD OF CONTRACT AND AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EECUE (1) AGREEMENT WITH CENTRAL PARK CONDOMINIUM ASSOCIATION TO PARTICIPATE IN THE MAINTENANCE DREDGING OF HUDSON BAYOU AND (2) AWARD OF CONSTRUCTION CONTRACT TO DUNCAN SEAWALL, DOCK & BOAT LIFT, INC, SARASOTA, FLORIDA, (BID #96-75) IN THE AMOUNT OF $278,996.65 FOR THE HUDSON BAYOU MAINTENANCE DREDGING PROJECT - APPROVED (AGENDA ITEM VIII-1) #3 (1336) through (1569) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that Central Park Condominiums, Phase I, is part of the Hudson Bayou Maintenance Dredging Special Assessment District as set forth in Resolution No. 96R-900; however, the legal of description of property boundaries for Phase I and the neighboring Phase II of Central Park was inadvertently left out of Resolution No. 96R-855, declaring the City's intent to use the uniform method of collection for the special assessment; that Central Park was one of the properties initiating the dredging project; that the Administration intends to include Central Park in the special assessment district for collection beginning next year; that Central Park Condominium Association, Inc., has agreed to pay the first year assessment for all 90 condominium owners; that an agreement providing for payment to the City has been drafted and partially executed by Central Park Condominium Association, Inc. Mr. Daughters continued that sealed proposals for award of the construction contract for the Hudson Bayou Maintenance Dredging Project were received until 2 p.m. on Wednesday, May 29, 1996; that three bids were received for the project; that the lowest responsible bid was submitted by Duncan Seawall, Dock & Boat Lift, Inc., of Sarasota, Florida, in the amount of $278,996.65; that the contract requires the removal and disposal of approximately 15,000 cubic yards of silt from Hudson Bayou between Osprey Avenue and U.S. 41 be complete 150 days from issuance of a notice to proceed. BOOK 40 Page 13522 08/05/96 6:00 P.M. BOOK 40 Page 13523 08/05/96 6:00 P.M. City Manager Sollenberger stated that the Administration recommends the following action: 1. Approve the agreement with Central Park Condominium Association, Inc., and authorize the Mayor to execute the document. 2. Award the construction contract for the Hudson Bayou Maintenance Dredging Project to Duncan Seawall, Dock & Boat Lift, Inc., in the amount of $278,996.65 for completion of the work specified. Mayor Cardamone asked the location to which. the silt will be removed and the route by which the trucks will travel for disposal? Mr. Daughters stated that the contractor intends to load the sealed disposal trucks from vacant property owned by James Toale on Lincoln Drive; that the transport route for disposal has not been specified; however, the dredged material will be disposed in Manatee County. Mayor Cardamone stated that a traffic situation may result attempting to direct the trucks onto U.S. 41 from Lincoln Drive; that east on Lincoln Drive to Osprey Avenue may provide a more appropriate route for access to U.S. 41. Commissioner Patterson agreed. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve the agreement with Central Park Condominium Association, Inc., and authorize the Mayor to execute the document. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to Award the construction contract for the Hudson Bayou Maintenance Dredging Project to Duncan Seawall, Dock & Boat Lift, Inc., in the amount of $278,996.65 for completion of the work specified. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 21. NEW BUSINESS: APPROVAL RE: CONCEPTUAL DESIGN AND FUNDING FOR THE HOG CREEK RESTORATION AND WETLAND ENHANCEMENT PROJECT = APPROVED (AGENDA ITEM VIII-2) #3 (1579) through (2503) Dennis Daughters, Director of Engineering/City Engineer; Susan Walker-Hellington, Office Administrator, Sarasota Bay National Estuary Program (NEP); and Douglas Taylor, Environmental Resources Manager, Public Works Department; came before the Commission. City Manager Sollenberger stated that Gordon Jolly, Chief of Police Services Bureau, Public Safety Department, strongly endorses the Hog Creek Restoration and Wetland Enhancement Project from a law enforcement perspective. Mr. Daughters stated that as part of the 12th Street Road Improvement Project, Southwest Florida Water Management District (SWFWMD) required City construction of a large concrete energy dissipater and siltation pond where Hog Creek passes through Pioneer Park; that Staff felt this would negatively impact the Park both functionally and aesthetically; that an alternative project to satisfy the requirement of SWFWMD and to improve the area for public use was developed; that with cooperation and pro-active support from NEP staff and staff from the Water and Landscape Divisions of the Public Works Department and with the generosity of Florida Power & Light (FPL), the Hog Creek Restoration and Wetland Enhancement Project has been accepted, in concept, by SWFWMD. Ms. Walker referred to a conceptual design of the project displayed on the overhead projector to explain in detail the following aspects of the Project: acquisition of land from private property owners, acquisition of easements from FPL, Clearing of unwanted plan species, dredging of Hog Creek from U.S. 41 to Sarasota Bay, modification of Centennial Park stormwater retention facility, creation of small estuary-type ponds, and installation of natural-looking energy dissipators, new landscaping, pathways and boardwalks, and park amenities, i.e., benches, picnic tables, and trash racks. Commissioner Patterson requested clarification of reference to the FPL Longboat Substation indicated on the map. Mr. Daughters stated that construction of a Longboat Substation, as proposed by FPL over the years, remains a possibility; therefore, the easement on the north side of Hog Creek has been limited to 15 to 20 feet; that FPL intends to provide adequate screening if the facility is built in the future. Ms. Walker and Mr. Taylor explained in detail the following sources of funding which were displayed on the overhead projector: U.S. Fish & Wildlife Service $ 57,000 EPA = Fines for RO Discharge 80,000 FDEP = Fines 88,667 Manasota Basin Board (FY 97) 50,000 12th Street Improvement Project 150,000 1993 EPA COOP Agreement 10,000 Transier from Centennial Park 67,850 Proposed Preservation 2000 Grant 350,000 SUBTOTAL $ 853,517 In-kind services: FPL Easements 6,000 BOOK 40 Page 13524 08/05/96 6:00 P.M. BOOK 40 Page 13525 08/05/96 6:00 P.M. Value of Pioneer Park 250,000 TOTAL 1,963,034 Ms. Walker explained the specific allocation of funding for elements of the projects including clearing, survey, fence relocation, property acquisition, consultant costs, project design landscape, and construction costs. Mr. Daughters stated that the clearing and surveying elements which were necessary to meet certain funding requirements have been completed; that the services of Angie Brewer, contracted by the City on an annual basis, were utilized to assist in the preparation of the Preservation 2000 Grant application. City Manager Sollenberger stated that the Administration recommends approving the concept of the Hog Creek Restoration and Wetland Enhancement Project as outlined and authorizing the Administration to proceed with final design and finalizing the funding. Vice Mayor Pillot stated that in addition to receiving the presentation made this evening, the Commissioners received individual briefings on the Project from Staff. Commissioner Patterson stated that Staff's enthusiasm for the Project is supported; however, Commission presentations before funding is expended on a project would be preferred in the future. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve in concept the Hog Creek Restoration and Wetland Enhancement Project as outlined and authorize the Administration to proceed with final design and to finalize the funding. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 21. NEW BUSINESS: DISCUSSION RE: REQUEST BY RICHARD ALLEN FOR ACCESS TO LOTS 22, 20, 18, 16 AND 14, BLOCK B, HIGHLAND PARK SUBDIVISION - DIRECTED CITY ATTORNEY TO DEVELOP AN EASEMENT GRANTING ACCESS ACROSS CITY-OWNED PROPERTY AS QUICKLY AS POSSIBLE AND AUTHORIZED THE CITY MANAGER TO COMMENCE NEGOTIATIONS IMMEDIATELY REGARDING MR. ALLEN'S PURCHASE OF THE APPROPRIATE PART OF THE CITY-OWNED PROPERTY (AGENDA ITEM VIII-3) #3 (2503) through #4 (0149) Commissioner Patterson stated that her husband's law firm represents Richard Allen; therefore, she declares a conflict of interest and will not vote on this item. Timothy Litchet, Manager of Zoning and Code Enforcement; and Richard Allen, property owner, came before the Commission. Mr. Litchet stated that Mr. Allen has requested that the City of Sarasota grant an easement across City-owned property to allow access for two new houses proposed for construction on lots 22, 20, 18, and 16, Block B, Highland Park Subdivision, located where Temple Street dead-ends into Arlington Park; that on August 5, 1985, the City Commission passed Ordinance No. 85-3891 which provided for the vacation of Temple Street from lot 14 to lot 22, Block B, Highland Park Subdivision; that Mr. Allen represented that building permits would be obtained for construction of five single-family residences within one year from the effective date of the ordinance, which did not occur; that on January 23, 1989, the Commission passed Ordinance No. 89-3287 repealing the requirement for construction of five homes and providing for execution by Mr. Allen of a written agreement with the City to construct a "T" type turnaround at a location to be determined by the City Engineer; that the agreement also provided for Mr. Allen's building a private road to serve each new single-family residence constructed; that Mr. Allen constructed a house on lot 14 in 1990 - and has filed building permits to construct two new homes on the remaining four lots; that the City Building Department determined that all of the requirements of Ordinance No. 89-3287 and the accompanying agreement had not been met and requested submittal of a survey reflecting the private road which had been constructed without any permits; that the survey shows the private road constructed by Mr. Allen encroaches up to 21 feet onto City-owned property. Mr. Litchet continued that the city Attorney has advised the following three options are available: 1. Require Mr. Allen to remove and place the private road which was constructed onto his own property. 2. Provide an easement over the portion of Temple Street which has been vacated but is owned by the city. 3. Sell the 25-foot City-owned portion of Temple Street to Mr. Allen. Mr. Litchet stated that the Administration recommends independent appraisals be obtained by Mr. Allen and the City and the City Manager be authorized to negotiate the final sale price for sale of the subject property to Mr. Allen. Vice Mayor Pillot asked Mr. Allen if he is agreeable with the Administration's recommendation? Mr. Allen stated that the City's granting a 21-foot easement would be preferred so the permitting process can proceed and construction of two houses begin; that the construction schedule has been delayed since April; that consideration of transferring title of the buffer portion of City land between his property and the Arlington Park BOOK 40 Page 13526 08/05/96 6:00 P.M. BOOK 40 Page 13527 08/05/96 6:00 P.M. tennis courts is also requested; that he is willing to stipulate that the buffer portion would be kept in its present state. Vice Mayor Pillot stated that Mr. Allen's pristine property has been viewed; that the intended use for the property is supported; and asked if a building permit could legally be issued while negotiations between the City Manager and Mr. Allen for the purchase of the property proceed? City Manager Sollenberger stated that negotiating the sale of property to Mr. Allen prior to issuing a building permit is preferred; that drafting an easement agreement will take time; that expediting receipt of the property appraisals and negotiations for the sale of the property would be in the City's best interest. Mr. Litchet stated that issuing building permits without establishing proper, legal, access is not recommended; that negotiations could fail, placing the City in an unfavorable legal position. Mr. Allen requested that the Commission consider granting an easement for the subject property. City Attorney Taylor stated that drafting of a document and approval by the Commission would be required to grant an easement; that a memorandum dated July 22, 1996, prepared by Michael Connolly, City Attorney's Office, raised questions regarding the roadway previously constructed - by Mr. Allen encumbering 84% of the 25 feet of vacated Temple Street owned by the City and the City' ability to provide utility services to Mr. Allen's properties if an easement is granted. Vice Mayor Pillot stated that the encroachment occurred as a result of Mr. Allen's attempts to avoid removal of many beautiful trees on the property; and asked the time necessary to complete the process for granting an easement? City Attorney Taylor stated - that the drafting of the easement document takes minimal time; that the Commission could, in theory, approve the drafting of an easement pertaining to the subject roadway that out of necessary has been placed on City property. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve an easement and direct the Administration to execute the necessary documents for the easement. Commissioner Merrill asked for the plans for Mr. Allen's remaining four vacant lots? Mr. Allen stated that Lot 16 has already been sold as a buffer lot for the residence previously constructed on Lot 14; that one house will be constructed on Lot 22 and another house on Lot 18 Commissioner Merrill stated that surveyors are generally accurate; and asked if Mr. Allen was aware the roadway would encroach onto City property? Mr. Allen stated that he was not aware of the extent to which the roadway was encroaching City propertyi; that constructing a roadway in such a densely planted and wet area was difficult. Commissioner Merrill asked if a building permit was obtained or trees cleared to construct the roadway? Mr. Allen stated that a building permit was not required as the roadway is a driveway; that except for one dead tree and numerous bushes, no trees were removed. Commissioner Merrill asked if de-mucking in the area was required? Mr. Allen stated yes; that de-mucking with a sand base, etc., was expensive. Commissioner Merrill stated that an easement could be supported if the encroachment was only one or two feet; however, the extension of the turn around sections onto 21-feet of the City's right-of-way indicates the boundary line may have been known when the roadway was constructed. Mr. Allen stated that the agreement negotiated with Ken Thompson, former City Manager, regarding the vacated land limited his ability to construct the roadway; that preserving the trees on the property which resulted in an encroachment onto City property has created difficulties for his proceeding with construction; that removing the turn around sections would reduce the amount of encroachment to four or five feet; that consideration regarding acquisition of the City- owned property between his property and Arlington Park tennis courts has been also been requested; that an appraisal of the City-owned portion of vacated Temple Street as well as the Park buffer could be pursued subsequently; however, construction of the houses has been delayed since April 1996; that a construction loan is outstanding; that obtaining a building permit to begin construction is a priority; that obtaining an easement from the City or destroying trees and rebuilding the road are the only viable options available to him at this time. Commissioner Merrill stated that selling the buffer portion of parkland referenced is not supported. Commissioner Merrill continued that the data indicates a "do it now and ask permission later" project to avoid potential environmental issues; that the City-owned land on vacated Temple Street is not buildable, therefore, cannot be of much value; that property appraisals should be expedited and the property sold to Mr. Allen rather than an easement granted. BOOK 40 Page 13528 08/05/96 6:00 P.M. BOOK 40 Page 13529 08/05/96 6:00 P.M. Vice Mayor Pillot stated that selling parkland is not supported; that mistakes or lack of information are both understandable; that the implications of misconduct made may not have been appropriate; that the intent of his motion was for the City Manager to pursue negotiations for the sale of City-owned property on which the roadway encroaches to Mr. Allen after the easement is effected and construction has begun; that the Commission has stressed the preservation of trees for the past seven years; that Mr. Allen should be commended for his efforts to preserve trees while providing access to his property. Mayor Cardamone stated that the gorgeous, pristine state of Mr. Allen's property and the presence of numerous species of birds was viewed; that Mr. Allen's offer to reduce the encroachment by removing the turn arounds should be accepted; that the vacated City-owned property has little value; that the City should attempt to provide an easement as quickly as possible to allow the issuance of a building permit for Mr. Allen to proceed with the construction planned based on a good faith commitment that Mr. Allen will seriously pursue the purchase and negotiate the sale of the property with City Manager Sollenberger. Deputy City Auditor and Clerk McGowan restated the motion as to direct the City Attorney to develop an easement as quickly as possible. The maker of the motion, Vice Mayor Pillot, with consent of the seconder, Commissioner Dupree, amended the motion to include authorizing the City Manager to commence negotiations immediately regarding the purchase of the appropriate part of the property. Mayor Cardamone restated the motion as to direct the City Attorney to develop an easement granting access across City-owned property as quickly as possible and to authorize the City Manager to commence negotiations immediately regarding Mr. Allen's purchase of the appropriate part of the City-owned property. City Attorney Taylor stated that the easement will apply to the property on which the roadway has been constructed, excluding the turn around areas. Mayor Cardamone called for the vote on the motion. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, abstained; Pillot, yes; Cardamone, yes. 22. BOARD APPOINTMENTS: APPOINTMENT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD - APPOINTED MARIA PRICE AND CAROLYN JOHNSON (AGENDA ITEM IX-1) #4 (0152) through (0277) Mayor Cardamone stated that the terms of John Browning, C. Bart Cotten, Jo Rita Stevens, and Herbert Quinn have expired; that Mr. Cotten and Ms. Stevens are eligible and have expressed an interest in reappointment. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to reappoint C. Bart Cotten and Jo Rita Stevens to the Parks, Recreation, and Environmental Protection Advisory Board. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Vice Mayor Pillot nominated Maria Price for appointment. Commissioner Patterson nominated Carolyn Johnson for appointment. Mayor Cardamone nominated Kenneth McMillen for appointment. Mayor Cardamone stated that Mr. McMillen was born, raised, and has lived in the City for 45 years; that the Morningside Place neighborhood in which Mr. McMillen resides has tremendous interest in environmental protection. Mayor Cardamone called for a vote on the nominations. Carolyn Johnson received three votes: Dupree, yes; Merrill, yes; Patterson, yes; Cardamone, yes. Kenneth McMillen received two votes: Pillot, yes; Cardamone, yes. Maria Price received four votes: Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Cardamone announced the appointments of Maria Price and Carolyn Johnson to the Parks, Recreation, and Environmental Protection Advisory Board. Commissioner Patterson stated that Mr. McMillen should be encouraged by the City Auditor and Clerk to reapply as upcoming expirations of Board seats will create vacancies in the near future. 23. BOARD APPOINTMENTS: APPOINTMENT RE: POLICE OFFICERS' PENSION BOARD OF TRUSTEES = APPOINTED RONNIE BATY AS FIFTH TRUSTEE (AGENDA ITEM IX-2) #4 (0278) through (0295) Mayor Cardamone stated that John C. Wingate, the fifth trustee on the Sarasota Police Officers' Pension Board, has resigned; that Sarasota City Code, Section 24-63, states the following: The Fifth trustee shall be chosen by a majority of the previous four trustees for a two-year term as provided for herein, and such person's name shall be submitted to the City Commission. Upon receipt of the fifth person's name, the City Commission shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. BOOK 40 Page 13530 08/05/96 6:00 P.M. BOOK 40 Page 13531 08/05/96 6:00 P.M. Mayor Cardamone stated that on July 17, 1996, the Police Officers' Pension Board voted to appoint Ronnie Baty to the Board. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to appoint Ronnie Baty to the Police Officers' Pension Board of Trustees. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 24. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION TO SCHEDULE JOINT MEETING BETWEEN THE CITY AND COUNTY COMMISSIONS; CITY MANAGER TO REPORT BACK ON COUNTY PLANS REGARDING THE SALE OF THE MISSION HARBOR PROPERTY (AGENDA ITEM X) #4 (0297) through (0623) COMMISSIONER PATTERSON: A. stated that the Mayor is commended for presenting the City Commission's decision on impact fees and concerns regarding the proposed library at Five Points Park before the Sarasota Board of County Commissioners; that the Mayor also suggested a joint meeting between the City and County Commissions be scheduled to address issues of mutual interest; that the City Commission should prepare discussion items in advance to allow County Staff the opportunity to prepare comments; and requested that a joint meeting be scheduled. Mayor Cardamone stated that the joint meeting should be scheduled immediately after the November election, which will produce at least one new County Commissioner; that the agenda for the meeting should include several issues affecting both thé City and the County. City Manager Sollenberger stated that the County Administrator will be contacted. B. Commissioner Patterson stated that a national publication reported the changing financial condition of cities throughout the country since the late 1980s and early 1990s; that cities nationwide have experienced growth in tax base as the country reçovers from a recession; that an in-depth analysis of the average city reveals a 14.57% surplus of general fund expenditures; that smaller cities maintain a higher fund balance, with percentile ranges recorded from the high teens to the twenties; that the reason for the lower fund balance in larger cities, designated by populations of 300,000 or more, is the practice of regularly allocating surplus in funds to capital budgets; that the Commission decided to allocate surplus funds in a similar manner during the 1996 budget workshops. Mayor Cardamone asked sarasota's fund balance? Commissioner Patterson stated that the Commission reduced the fund balance from the proposed 17% figure to 13.69% by allocating the City's surplus to the capital budget. COMMISSIONER DUPREE: A. stated that the Police Department is commended for responding to noise complaints, previously filed with the Newtown Task Force, by Newtown residents whose sleep has been disrupted by "boom boxes." B. stated that at the July 15, 1996, regular Commission meeting, the Administration was requested to contact Bruce Franklin, President, Board of Directors, North County Educational Assistance Program, regarding expansion of equipment and facilities at the Resource Center/Police Sub- Station, located at 1782 Dr. Martin Luther King, Jr. Way, currently used for various educational and social services; that available funds for computers, classrooms, and counseling facilities should be researched; that the North County Educational Assistance Program, which has received supplies from the Gillespie Park Resource Center, requires additional equipment and resources to accommodate expanding services to youth; and asked if the Administration has contacted Mr. Franklin? City Manager Sollenberger stated that John Lewis, Director of Public Safety, has initiated a letter to Mr. Franklin outlining the issue, and requesting a meeting to address the Program's requirements. MAYOR CARDAMONE: A. stated that on Tuesday, July 30, 1996, the Sarasota Board of County Commissioners directed the County Administrator to proceed with the sale of the Mission Harbor property; and asked for information regarding the County's plans? city Manager Sollenberger stated that he spoke with John Wesley White, County Administrator, this morning; that Charles Siemon of Siemon, Larsen, & Marsh, the consultant rewriting the City's Land Development Regulations (LDRs), is developing concepts for development of the property; that involving the City's Community Redevelopment Agency (CRA) in the sale of the Mission Harbor property will be recommended to the County as the County lacks the legal authority the City has regarding disposition of the property; that a meeting will be scheduled to discuss the issue with Mr. White and a report forwarded to the Commission. BOOK 40 Page 13532 08/05/96 6:00 P.M. BOOK 40 Page 13533 08/05/96 6:00 P.M. B. stated that a Land Development Regulations (LDRs) workshop is scheduled for 3 to 6 p.m., Tuesday, August 6, 1996; that the meeting should not extend beyond 5:25 p.m. as Commission members will be attending a 5:30 p.m. ceremony launching National Night Out at Five Points Park. Vice Mayor Pillot stated that he must attend a previously scheduled meeting in south county at 5:30 p.m. 25. ADJOURN (AGENDA ITEM XII) #4 (0625) There being no further business, Mayor Cardamone adjourned the regular meeting of August 5, 1996, at 11:06 p.m. Treli &6 SOTAS MOLLIE C. CARDAMONE, MAYOR ATTEST: 30e 1 Lg BILLY EZ ROBINSON, CITY AUDITOR AND CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNÇIL, COMMISSION, AUTHORITY, OR COMMITTEE Patterson; Nora Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 707 Freeling Drive X CITY COUNTY : OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sarasota FL Sarasota DATE ON WHICH VOTE OCCURRED City of Sarasota 08/05/96 MY POSITION IS: X ELECTIVE 1 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local levei of government on an appointed or elected commission, council, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are board, with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are presented use the of this particular form is not required by law, you are encouraged to use it in making the disclosure mandatory; required although by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary on greatly whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on depending this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to gain of a principal (other than a government agency) by whom he is retained. the special In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for the minutes of the meeting, who should incorporate the form in the minutes. recording APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from on a measure which to inures his special private gain. Each local officer also is prohibited from knowingly voting on a measure voting which inures to the special gain of a principal (fother than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, interest, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORMEAB 10-X6 PAGF' 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. Yous should complete the form and file it within 15 days after the vote occurs with the person responsible for reçording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Nora Patterson hereby disclose that on August 5, 19. 96: (a) A measure came or will come before my agency which (check one) X inured to my special private gain; or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Consent Agenda No. 1, Item No. 2 9 Approval Re: Authorize theMayor and City Auditor and Clerk to execute an Agreement between the City of Sarasota, Main Street Depot, Inc., Great American Concession, Inc., and Sarasota Bank to allow the Main Street Depot to obtain mortgage refinancing on the leasehold. I am declaring a conflict of interest as my husband serves as legal counsel to the owner of the Main Street Depot. August b. 1994p Hoia Allsou Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 DARE 7 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Patterson, Nora Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 707 Freeling Drive X CITY COUNTY 1 OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sarasota FL Sarasota City of Sarasota DATE ON W'HICH VOTE OCCURRED MY POSITION IS: 08/05/96 X ELECTIVE : : APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or commitree. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 412.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal fother than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict ofi interest, but must disclose the nature ofthe conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. . The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CI FORMI KB 1-N6 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disciose orally the nature of your conflict in the measure before participating. You should complete the form and filei it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Nora Patterson hereby disclose that on August 5 19. 96 (a) A measure came or will come before my agency which (check one) X inured to my special private gain; or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: New Business, Item No. VIII-3, Discussion Re: Request by Richard Allen for access to Lots 22, 20, 18, 16, and 14, Block B, Highland Park Subdivision. I am declaring a conflict of interest as my husband serves as legal counsel to Richard Allen on other matters. Auqust lo 194lo MoAlen Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.