MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 4, 1998, AT 6:00 P.M. PRESENT: : Mayor Jerome Dupree, Vice Mayor Nora Patterson, Commissioners Mollie Cardamone, David Merrill, and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attprney Richard Taylor ABSENT : None PRESIDING: Mayor Jerome Dupree The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR APRIL, 1998, KAREN L. BURDINE, BUILDING TECHNICIAN I, BUILDING, ZONING AND CODE ENFORCEMENT #1 (0035) through (0185) City Manager Sollenberger requested that Timothy Litchet, Manager of Building, Zoning and Code Enforcement, and Karen Burdine, Building Technician I, join him before the Commission. Mr. Litchet stated that Karen Burdine, who began working for the City of Sarasota over 12 years ago, is a most efficient and cheerful front counter person in the Building, Zoning and Code Enforcement Department; that positive comments from both contractors and the general public are continuously received regarding Ms. Burdine's work effort; that Ms. Burdine promotes the City's goal of achieving economic vitality through healthy businesses by taking extra steps in making the building application process simple and smooth and by providing contractors and the general public with immediate information; that Ms. Burdine assists contractors in verifying license or insurance information and helps the Department provide quality service to customers; that Ms. Burdine is a great example of an employee who "Serves with Excellence and Pride." Mayor Dupree presented Ms. Burdine with a plaque, a City-logo watch, and a certificate as the April 1998 Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. Ms. Burdine recognized her husband, Tim, who was present in the audience and stated that her accomplishment could not have been achieved without good management and the help of qualified Staff in the Building, Zoning, and Code Enforcement Department. BOOK 44 Page 16584 05/04/98 6:00 P.M. BOOK 44 Page 16585 05/04/98 6:00 P.M. 2. PRESENTATION RE: ANNUAL STATE OF THE CITY MESSAGE #1 (0185) through (0886) City Auditor and Clerk Robinson stated that the Sarasota City Charter requires the outgoing mayor to give an annual state of the City message, essentially reporting on activities which took place in the City during his/her term as mayor; that the report is usually scheduled but not required on the agenda for the last meeting at which the outgoing mayor presides. Mayor Dupree stated that Commissioner Pillot, who is the immediate past mayor, will give the annual state of the City message. Commissioner Pillot stated that difficulties with his voice prevented him from giving the annual state of the City message as originally scheduled; and proceeded to read the following speech: The 1997-98 organizational year began in March 1997 with what may have been the lowest percentage voter turnout in City Commission elections. That apathy, however, did not characterize the participation of the public in City matters during the following year. It has been a year during which more major and controversial issues came before the Commission than during any of the nine years that I have served on the Commission. This report will summarize those matters as well as Commission deliberations and decisions that, while they received less attention and controversy, were nevertheless of importance to the community. Included are projects that were completed during the year and those that are still in process as of the date of presentation of this report. It is not the purpose of this report to present details of the Commission's actions, but rather to summarize them. Complete minutes of all meetings and other data are always available at the Office of the City Clerk, and minutes and other data are now available at the City's web site. Although this report, required by the City Charter to be given by each mayor at the completion of the year's term as mayor, is called a State of the City report, it is my belief that the state of the City or condition, as the dictionary may define it, is best determined by the members of the public every day as they experience those conditions. Underlying most decisions of the Commission is the budget. When adopted on September 15, 1997, the budget was one of the strongest in memory with a reserve of approximately, 15%, without cuts in staff and services, with a cost-of-living pay. adjustment for all employees, and with the .5156 mill reduction that had been committed by the Commission at the time of the merger of the City's Fire Department with the County. A review of the status of the budget at the mid-point of the fiscal year March 31, 1998, shows the following data: (references are to the General Revenue section of the budget.) Expenditures are $18,082,095-48.78 of the $32,790,351 that was budgeted. At the same time one year earlier, 51.7% oft the General Fund budget had been expended at mid-year. Ad Valorem taxes total $7,905,516, or 88.4% of the $8,934,975 budgeted. A year earlier, : 86.1% of the Ad Valorem taxes had been collected as of March 31. In all respects, the March 31, 1998 status of the budget is as favorable as the excellent budget that was prepared and submitted by the Administration. The budget and the Finance Department continue to earn Statewide awards every year. In November 1997, the extension of the Local Option Sales Tax cent was approved by a significant margin in the Countywide election. As of the date of this report, those critically needed funds are being challenged in court, a circumstance that could have substantial seriously negative effects on the City, the County, and the School District causing possible delays in the development and completion of greatly needed infrastructure and probable increased costs. A major part of the General Fund is budgeted for police services. The 1997-98 budget provided for full staffing of the Police Department, and included $161,822 for overtime to assure full staffing until vacant positions could be filled. During the year the 12-hour shifts were implemented, resulting in greater efficiency in the use of officers' time. Emphasis on neighborhood policing continued and included the implementation of three City districts and additional substations. The districts essentially divide the City north, central, and south with a police lieutenant commanding each district. This organization has resulted in better communication between the police and the district residents as both come to know the other more fully. Substations are now located on Dr. Martin Luther King, Jr. Way, Hillview Street at Laurent Street, Cohen Way (with a substation planned for Central Avenue), and at the North Trail Plaza. In June 1997, the vehicle impounding ordinance was enacted, providing for the impounding of vehicles used in illegal drug transactions and prostitution. This process differs from vehicle or other property confiscation in that a vehicle may be impounded when BOOK 44 Page 16586 05/04/98 6:00 P.M. BOOK 44 Page 16587 05/04/98 6:00 P.M. probable cause exists, whereas confiscation may occur only after proof in court and with the illegal use occurring with owner knowledge. Impounded vehicles may be regained by owners, but confiscated property is used by law enforcement under terms of applicable law and regulation. The 1997-98 budget also provided for the implementation of the new Department of Neighborhoods and Redevelopment, a staff function strongly requested and supported by the neighborhood associations of the City. The director was employed and the department began in October 1997. Also in June 1997 negotiations with the Cincinnati Reds baseball team were completed, and with the signing that month of the contract between the City and the Reds, they became Sarasota's new spring training team. The Ed Smith Stadium was repainted in part to reflect the new team colors, and modifications were made to provide improved access and increased seating for the physically handicapped. The previous month saw the completion of the Hillview Street/Osprey Avenue redesign and landscaping a joint project with Sarasota Memorial Hospital. Citywide beautification and code enforcement continued to be a Commission high priority. The Commission's annual community input meetings were held in April 1997 at Tuttle Elementary School and at Sarasota High School in February 1998. Although attendance was not large, the quality of the information, opinions, and requests of the members of the public who attended become part of the basis for future Commission decisions. Two new recreational facilities were completed and opened during the year. In the summer 1997, the Steigerwald-Jockey Children's Fountain was opened in the Bayfront Park, constructed with funding by the Steigerwald family. On April 15, 1998, the Whitaker- Gateway Park was dedicated on the North Trail, providing an open park designed for family-oriented activities. In May 1997 the Hollywood 20 Theatre and Main Plaza were dedicated and have brought continual economic and social activity to the east end of Main Street. In March 1998 the long-awaited sidewalk at Orchard Place on North Lockwood Ridge Road was dedicated, providing safe and convenient access to area facilities for residents with special physical needs, and for neighborhood children. Also in March 1998 the formal Sister City agreement with Tel Mond, Israel, was signed by the two mayors in a ceremony at the City Hall in Tel Mond. In April 1998 the City Commission bought out the lease between the City and the owner of the Main Street Depot. The Downtown Association will conduct a charette to prepare and recommend to the Commission the conditions of a Request for Proposal that will be sent to parties interested in managing a replacement facility at that site. At the beginning of this report I said that the year saw more controversial matters come before the Commission than perhaps during any year in recent memory. Certainly included are those of the Ringling Bridge replacement, the John Ringling Towers, traffic congestion especially on the North Trail from Gulf Stream Avenue to Tenth Street, the Mission Harbor Renaissance project, and the noise and outdoor dining ordinances. As of the date of this report, the City Commission has filed a petition asking for a Formal Administrative hearing on the bridge issue, asserting that a 65 foot or higher bridge in the same location as the existing bridge should not be built, and directed that an engineering study be conducted to examine and project the improvements and congestion relief that might be realized if a new bridge were built at a location farther north in the City to Longboat Key. It is, of course, well known to all area residents that several lengthy hearings were held by the City Commission, and that considerable publicity occurred in the media and otherwise on both sides of the issue. The future of the John Ringling Towers (JRT) was determined after years of restoration efforts by those who believed that the building could and should be preserved, and by support for demolition by those who felt that restoration was not feasible. In December 1997 an agreement was reached between the JRT Foundation and Robert Buford giving undisputed ownership to Mr. Buford. After a determination by the City's Building Department that the building was unsafe and a public nuisance, a demolition permit was issued by that department, and that process is underway at the date of this report. The use of the site for a hotel and condominium has been proposed. The site formerly known as Mission Harbor, owned by the County, was assigned to the City to determine a developer and complete a sale by April 30, 1998. In July 1997, after the Request for Proposal process was BOOK 44 Page 16588 05/04/98 6:00 P.M. BOOK 44 Page 16589 05/04/98 6:00 P.M. completed, the Wynnton Group was selected as the future developer. Negotiations between the City and the developer continued until the sale was closed on April 30, 1998 for $3.1 million. The first phase of construction will include condominium units, retail units and parking. One million dollars will be contributed by the Wynnton Group to community projects, with half of that amount to the adjacent Players Theater. The Renaissance project and the Sara Bay Club project which has started on the North Trail at 13th Street, the potential construction at the JRT site, and a possible expansion of the Hyatt Hotel will cause traffic concurrency concerns on the North Trail from Gulf Stream Avenue to Tenth Street. The City has committed that the improvements necessary for compliance will be constructed. As mentioned above in this report, those traffic problems are a major issue in the concern about the location of a new bridge. Large attendance at the several public hearings on the proposed noise and sidewalk and outdoor dining ordinances provided substantial input to the Commission with strong feelings by those affected in their residences by the volume of the music, and by the musicians and proprietors of dining establishments. Ordinances were adopted and became effective in January 1998. Major projects underway in the City's 1997-98 organizational year and continuing in process include the updating of the Land Development Regulations (LDRs), the financial sustainability study, the Lido Beach renourishment, the plans for a parking garage on Palm Avenue, the renovation of the Van Wezel Performing Arts Hall, neighborhood traffic calming, and stormwater control. The revision and updating of the LDRs has been an exhaustive -and perhaps exhausting project. Many public hearings and information public meetings have been held by the Planning Board and the City Planning Department. Completion of this work at the earliest possible time is a top priority of the Commission and Staff. The financial sustainability study has been undertaken to determine the future ability of the City to provide its services effectively, efficiently, and economically. Initially, this study was motivated by interest in the benefits, if any, of total consolidation of the City with County government. Without any intent to attribute the following comment to anyone except myself, it is my opinion that such consolidation is not supported by most City residents, will not be financially needed or justified, and would result in lessened services to the residents of the City and the hundreds of people who come to the City every day and benefit from its services and amenities. Lido Beach renourishment has resulted in substantial replacement of sand lost through storms. Continued renourishment is being planned and sought with federal resources. Renovation of the Van Wezel hall is planned for March through December 1999. Public meetings are now being held to describe the planned improvements. These will include an enlarged and enhanced stage house; new sound, lighting, and air conditioning equipment; total replacement of seats; increased access and seating space for the physically handicapped; increased lobby facilities with easier access to all rows; and improved dressing room facilities for performers. Citywide traffic calming projects continued throughout the year. Increasingly, neighborhoods are requesting traffic studies to determine the most appropriate ways to reduce speed and possibly volume on their neighborhood streets. The City's traffic engineer continues to meet with the neighborhood representatives and conducts studies to provide data about volume and speed. Major area traffic calming projects approved include the south-City areas on both the east and west sides of U.S. 41. In April 1998 the Commission approved replacing speed humps with speed tables, beginning on Shade Avenue. A meeting was held by the combined City and County Commissions in November 1997 to discuss the interlocal agreement between the two Commissions for stormwater control. Several concerns of the City were discussed and resolved at that meeting, including an agreement by the Board of County Commissioners to reimburse the City for costs assessed to some City residents not consistent with the terms of the interlocal agreement. Subsequently, some differences in interpretation of the November 1977 decision arose, and a meeting of the two Commissions was held on May 1, 1998, to discuss this matter. Complete agreement on the interpretation was not reached, and although a motion was made and seconded by the City to terminate the interlocal agreement, that motion was later withdrawn and the matter returned to the two administrations for further study and subsequent recommendations to their BOOK 44 Page 16590 05/04/98 6:00 P.M. BOOK 44 Page 16591 05/04/98 6:00 P.M. respective Commissions, following which another combined meeting would be held. Although the year April 1997 - April 1998 could be characterized as one of difficult and often controversial meetings, public hearings, and decisions, it nevertheless was a productive year. It is hoped that the summary of the year presented in this report adequately and correctly describes that productivity. As stated at the beginning of the report, it is not intended to be all-inclusive. That would not be feasible in a report of this kind for any year. The complete records in the City Clerk's office always are available for review by any interested person. Neither is this report presented as a State of the City report even though that is the title shown in the City Charter. I am confident that the authors of that Charter provision did not intend for an outgoing mayor or any Commissioner to determine the state of the City unilaterally. However, with this report as a brief summary, with the full information available in the Clerk's office, and most importantly through their experiences in the City of Sarasota every day, the people of our community can, should, and do judge the state of the City. They tell the Commission at meetings, with mail, with the telephone, one-on-one, and-maybe even best, by their silent enjoyment of the City's amenities. By listening and acting upon all those means of communication, the Commissioners will continue to work to make the state of the City of Sarasota the best possible, and with all of the people of the greater Sarasota community, continue to maintain Sarasota as a great place to live. I am grateful for that privilege and for the honor and privilege of serving on the City Commission and twice as its mayor. Gene Pillot Mayor, April 1997-1998 On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to accept, with gratitude for the thoughtfulness in preparation, the State of the City Message provided by immediate past Mayor Pillot. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 3. PRESENTATION RE: APPRECIATION TO MAYOR DUPREE #1 (0886) through (0978) Sandra Singleton, came before the Commission, and stated that sincere appreciation is extended to Mayor Dupree for providing her the opportunity to "job shadow" him recently and to experience first hand what being a public servant really means; that the day included an endless sea of smiles, handshakes, meetings, telephone calls, and deadlines; that the value of a good sense of humor and comfortable walking shoes was recognized and the dedication of City Commissioners to the public realized; that the community is blessed by Mayor Dupree's positive attitude in service. Ms. Singleton thanked Mayor Dupree for his support; and presented him with a gift and decorative platter of baked goods. Mayor Dupree stated that Ms. Singleton essentially served as Student Mayor for the Day, accompanying him to meetings and other mayoral commitments; that Ms. Singleton also participated as his "job shadow" in 1996; that he looks forward to Ms. Singleton's achieving her goal of becoming the first woman president of the United States. The Commission recessed at 6:32 p.m. into a special meeting of the Community Redevelopment Agency (CRA) and reconvened at 6:37 p.m. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0978) through (1010) City Attorney Taylor presented the following Change to the Orders of the Day: A. Add under New Business, Item No. VIII-7, Approval Re : Authority for the City Attorney's Office to file an administrative appeal of the notice of denial issued by the Department of Environmental Protection, Bureau of Submerged Lands and Environmental Resources, for the City of Sarasota's request for authority to dredge the basin at Marina Jack's in accordance with the contract between the City of Sarasota and Jack Graham, Inc. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yesi Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 5. APPROVAL OF MINUTES RE: MINUTES OF THE SARASOTA CITY COMMISSION SPECIAL MEETING OF MARCH 25, 1998, STATUTORY MEETING OF APRIL 17, 1998, ADJOURNED TO APRIL 20, 1998, AND REGULAR MEETING OF APRIL 20, 1998 - APPROVED (AGENDA ITEM I-1,-2,-3) #1 (1010) through (1059) Commissioner Cardamone left the Commission Chambers at 6:41 p.m. BOOK 44 Page 16592 05/04/98 6:00 P.M. BOOK 44 Page 16593 05/04/98 6:00 P.M. Mayor Dupree asked if the Commission had any changes to the minutes. Mayor Dupree stated that hearing no changes, the minutes of the Sarasota City Commission special meeting of March 25, 1998, statutory meeting of April 17, 1998, adjourned to April 20, 1998, and regular meeting of April 20, 1998, are approved by unanimous consent. 6. BOARD ACTIONS : REPORT RE : PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF APRIL 1, 1998 - SET PETITION NOS. 98-SV-02 AND 98-CA-03 FOR PUBLIC HEARING (AGENDA ITEM II-1) #1 (1059) through (1240) Jane Robinson, Director of Planning and Development, came before the Commission and presented the following items from the Planning Board/Local Planning Agency's regular meeting of April 1, 1998. A. Petition No. 98-SV-02 Ms. Robinson stated that Petition No. 98-SV-02 is a request to vacate a 100-foot right-of-way (ROW) located on Central Avenue between 4th and 5th Streets; that the Planning Board/Local Planning Agency (PBLP) found the street vacation in the best interest of the public and recommends Commission approval subject to the typical easement and utility issues being resolved. Commissioner Cardamone returned to the Commission Chambers at 6:43 p.m. On motion of Commissioner Merrill and second of Commissioner Pillot, it was moved to set Petition No. 98-SV-02 for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. B. Petition No. 95-CA-03 Ms. Robinson stated that Petition No. 95-CA-03 is a City- initiated zoning code amendment which defines the terms Commercial Vehicle and Commercial Trailer and regulates parking of such vehicles and trailers in residential zone districts; that the PBLP found Petition No. 95-CA-03 consistent. with the Sarasota City Plan and recommends Commission approval with minor language changes incorporated to further clarify the regulations, including a requirement for registration of all commercial vehicles and commercial trailers with Building, Zoning, and Code Enforcement sO compliance can be monitored; that the PBLP also recommends Chapter 33 of the Sarasota City Code be reviewed and amended appropriately to regulate parking of commercial vehicles and commercial trailers in public rights-of-way. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to set Petition No. 95-CA-03 for public hearing. Commissioner Merrill asked if the language changes recommended by the PBLP will be incorporated into the proposed ordinance advertised for public hearing? Ms. Robinson stated yes; that a Staff report will be provided at the public hearing. Vice Mayor Patterson stated that the Commission workshops and discussions regarding regulation of commercial vehicles have been complex; that the draft document presented to the PBLP was a competent synthesis of the various opinions expressed by the Commission. Mayor Dupree called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. City Auditor and Clerk Robinson stated that the proposed ordinance regulating commercial vehicles, which will require two public hearings, tentatively will be scheduled for July 6 and July 20, 1998. 7. BOARD ACTIONS : REPORT RE: NUISANCE ABATEMENT BOARD REPORT RELATING TO THE EVA MORRIS PROPERTY LOCATED AT 1251 16TH STREET, SARASOTA, FLORIDA - ACCEPTED AND REFERRED TO THE ADMINISTRATIONI ADMINISTRATION TO PRESENT A RECOMMENDATION REGARDING USE OF VEHICLE SEIZURE FUNDS TO ABATE NUISANCES (AGENDA ITEM II-2) #1 (1240) through (2178) John Lewis, Chief of Police, Sarasota Police Department, Sandra Vaughn, Chairman, and Jack Gurney, Member, Nuisance Abatement Board (NAB), came before the Commission. Vehicle Seizure Fund Chief Lewis stated that the City of Sarasota collects administrative fines on vehicles seized during criminal acts, i.e., drug dealing and prostitution offenses; that approximately $25,000 has been collected to date; that the potential of utilizing a portion of those funds in neighborhoods affected by drug dealing, prostitution, and other nuisance activities was raised as an issue and supported at the neighborhood task force meeting, and thus presented to the NAB. BOOK 44 Page 16594 05/04/98 6:00 P.M. BOOK 44 Page 16595 05/04/98 6:00 P.M. Mr. Gurney stated that the NAB requests Commission consideration of allocating a portion of the proceeds received from the sale of vehicles impounded in connection with crime-related activities for use in abating nuisances in the neighborhoods where the vehicles were seized. Vice Mayor Patterson stated that a recommendation from the Administration and the NAB should be prepared as to the type and amount of expenditure which would be appropriate and the results the City could expect to achieve by allocating the funds requested. Chief Lewis stated that a recommendation based on input from the neighborhood will be prepared and submitted through the Administration. 1251 16th Street Eva Morris Mr. Gurney stated that a report to the Commission regarding the conditions and activities occurring at 1251 16th Street was provided at the March 17, 1997, regular Commission meeting, following which Eva Morris relocated and the property was boarded upi that subsequently a relative of Ms. Morris' removed some of the boards to show the house to a potential lender in an effort to secure funds to rehabilitate the dwelling; that finances were not secured; that the boards had to be replaced by Code Enforcement; that code entorcement liens on the property total $56,000; that the case file includes reference to substantial police undercover activity, numerous arrests for nuisance offenses, and uninhabitable living conditions at the property; that Ms. Morris was effectively a prisoner of her bedroom while her children and grandchildren ran rampart in her home; that the property is vacant and secured; that the NAB is recommending the City proceed with foreclosure proceedings on the lien with the intent of recovering costs related to code enforcement prosecutions on the property and providing the remainder of funds, if any, to Ms. Morris through a legal guardian. Mr. Gurney continued that a request to waive the liens on the property was previously received; that the liens are viewed as the City's leverage to effect a positive outcome to a dreadful situation; therefore, the NAB was reluctant to support a waiver of the liens; that comments made by Ms. Morris at a recent NAB hearing indicated the people who had been the genesis of the problems would be welcomed in the home if she were to move back in. Mark Singer, City Attorney's Office, came before the Commission and stated that a copy of a contract for sale of the property at 1251 16th Street was received earlier today by fax; that the 30- day cash contract is conditioned on the NAB action and code enforcement liens being resolved and would provide a relatively small amount to Eva Morris. Attorney Singer continued that a foreclosure sale of the property would most likely result in the City's purchasing the property because of the lien amount; that no legal provision exists to provide Ms. Morris any of the proceeds if the property, once in City ownership, is sold; that alternatively, the Administration, based on Commission guidance, could commence negotiations with Ms. Morris in an attempt to resolve ownership of the property short of an actual foreclosure; that negotiations to accomplish a result can be pursued even after a foreclosure proceeding has been initiated; that the intent of the NAB is not for the City to take ownership of the property but for the property to be sold with Ms. Morris' receiving fair value for the property and the City's recovering $2,300 in principal costs for securing the property and prosecuting code enforcement violations; that an administrative process exists whereby the lien could be reduced contingent upon the sale of the property; that the NAB will be discussing the issue on November 14, 1998; that the prospective purchaser will be invited to appear before the NAB and the Code Enforcement Special Master to explain the plans for the property. Attorney Singer further stated that guidance from the Commission is being requested regarding whether or not foreclosure proceedings, if deemed appropriate by the Administration, should commence if the sale of the property does not go through? Vice Mayor Patterson stated that the contract for sale is for $4,000; that the value of the land should be determined before a decision is made; and asked if other liens on the property exist or pre-date the City's liens? Attorney Singer stated that an ownership and encumbrance report was reviewed approximately one month ago; that liens other than the City's are not recalled; that he has no reason to believe a lien exists which pre-dates the City's lien. Vice Mayor Patterson asked the location of the property. Mr. Gurney stated that the property is located on 16th Street west of Coconut Avenue. Commissioner Merrill asked why the item is before the Commission if an administrative process is in place?. Attorney Singer stated that a contract for sale had not been received at the time the board report was agendaed; that a request for a reduction in liens was previously denied; that an actual contract for sale was received this morning; that information will be gathered, presented, and examined by the BOOK 44 Page 16596 05/04/98 6:00 P.M. BOOK 44 Page 16597 05/04/98 6:00 P.M. various boards and a determination made by the Special Master as to whether or not to provide relief. Commissioner Merrill stated that the information presented to the Commission is lacking; that the issue is not clear; that an Administration's recommendation has not been received; that the item should not be considered by the Commission at this time. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to accept and refer the Nuisance Abatement Board's report to the Administration. Commissioner Cardamone asked if the intent of the motion is for the Administration to report back to the Commission? Vice Mayor Patterson stated yes, if necessary. Commissioner Merrill stated that the issue should be returned to the Commission only if deemed appropriate by the Administration; that the administrative process which exists should be followed. Commissioner Cardamone stated that information regarding the property value, other liens, and the hours expended by the NAB and City Attorney's Office as well as other expenses incurred in attempting to abate the nuisances at the property should be presented if the issue is brought back to the Commission for a decision. Commissioner Pillot asked if the NAB's vote recommending foreclosure of the property was unanimous? Ms. Vaughn stated yes. Mayor Dupree asked how long the property has been vacant? Attorney Singer stated that the property was boarded up in August 1997. City Manager Sollenberger stated that a strong recommendation from the NAB has been received; that the City Attorney's Office has outlined a viable strategy; that the issue was brought forward to determine if the Commission had any objections to the Administration's proceeding as recommended by the NAB; that no objections are perceived; that the issue will be handled administratively as outlined by Attorney Singer. Mayor Dupree called for a vote on the motion to accept and refer the NAB's report to the Administration. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. The Commission expressed appreciation for the work performed by the NAB. 8. CONSENT AGENDA NO. 1: ITEMS NOS. 1 = APPROVED; NOTIFY PRESIDENTS OF LIDO KEY AND LIDO SHORES RESIDENTS ASSOCIATIONS AND OWNERS OF INDIVIDUAL HOMES OR CONDOMINIUM ASSOCIATIONS FOR ALL PROPERTIES FRONTING LIDO BEACH; ITEMS NOS. 2, 3, AND 4 - APPROVED (AGENDA ITEM III-A) #1 (2178) through (2293) Vice Mayor Patterson requested that Item No. 1 be removed for discussion. 2. Approval Re: Set for public hearing proposed ordinance to designate 15-MPH Speed Zone on Osprey Avenue from Arlington Street to Hyde Park Street. 3. Approval Re: Final Site and Development Plan for the Copeland Building located at 2075 Fruitville Road (Northwest corner of Fruitville and East Avenue). 4. Approval Re: Award of Contract and authorize the Mayor and City Auditor and Clerk to execute the contract between the City of Sarasota and Burnup & Sims Telcom of Florida, Inc., Tampa, Florida, (Bid #98-50) in the amount of $183,510.00, for the construction of the City Wide Waterline Replacement Project. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item Nos. 2, 3, and 4. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 1. Approval Re : Referral of Sarasota County Ordinance No. 97-082, concerning marine turtles, to the Parks, Recreation and Environmental Protection Board for review and recommendations to the City Commission. Vice Mayor Patterson requested Commission consensus to have the owners of individual homes and the condominium associations of all properties fronting on Lido Beach notified of the meeting at which the Parks, Recreation, and Environmental Protection Advisory Board will discuss the issue of marine turtles. Commissioner Cardamone stated that the homes on Lido Shores also front the beach. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item No. 1, with the notification forwarded to the Presidents of the Lido Keys and Lido Shores Residents Associations as well as BOOK 44 Page 16598 05/04/98 6:00 P.M. BOOK 44 Page 16599 05/04/98 6:00 P.M. owners of private homes and condominium associations or management of all properties fronting on Lido Beach. Motion carried unanimously (5 to 0) : Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 98R-1070) - ADOPTED; ITEM 2 (RESOLUTION NO. 98R-1072) - ADOPTED; ITEM 3 (ORDINANCE NO. 98-4033) - ADOPTED; ITEM NO. 4 (ORDINANCE NO. 98-4056) - ADOPTED (AGENDA ITEM III-B) #1 (2389) through (2426) City Auditor and Clerk Robinson read proposed Resolution No. 98R-1076 in its entirety and proposed Resolution No. 98R-1072 and Ordinance Nos. 98-4043 and 98-4056 by title only. 1. Adoption Re: Proposed Resolution No. 98R-1070, appropriating; $27,603 from the Special Law Enforcement Trust Fund (Forfeitures) to fund the Crime Sub-Task Component of the Financial Sustainability Study approved by the City Commission on March 26, 1998; etc. 2. Adoption Re: Proposed Resolution No. 98R-1072, requesting a grant from the Florida Department of Environment Protection Erosion Control Assistance Program for Fiscal Year 1999/2000 for the Lido Key Beach Preservation Program; setting forth findings; etc. (Title Only). 3. Adoption Re: Second reading of proposed Ordinance No. 98-4043, amending Chapter 33 of the City Code pertaining to the impoundment of motor vehicles used to facilitate prostitution or drug related crimes; to create certain definitions; amending the procedures relating to notice and hearing; clarifying an owner's defense to impoundment; providing for an appeal; providing for the severability of parts hereof; repealing ordinances in conflict; etc. (Title Only). 4. Adoption Re: Second reading of proposed Ordinance No. 98-4056, providing for the designation of the structure located at 1616 Oak Street historically known as the Lynn L. and Mildred G. Silvertooth House as a structure of historic significance pursuant C to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; etc. (Title Only) (Petition No. 98-HD-02, Petitioner Mikki Hartig representing Michael Hannon, property owner) . On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2, Item Nos 1 through 4. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Dupree requested City Auditor and Clerk Robinson to explain the public hearing process. Mr. Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 10. PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 98-4042, AMENDING CHAPTER 33, SARASOTA CITY CODE, TO AUTHORIZE THE CITY ENGINEER TO POST LOCAL STREETS so AS TO PROHIBIT THROUGH TRUCK TRAFFIC IN RESIDENTIAL ZONE DISTRICTS, AS MORE PARTICULARLY SET FORTH HEREIN; DEFINING TERMS; MAKING FINDINGS AS TO NEED: REPEALING ORDINANCES IN CONFLICT: PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (2512) through ( ) Dennis Daughters, Director of Engineering/ClEy Engineer, and Asim Mohammed, Assistant City Engineer, came before the Commission. Mr. Mohammed stated that proposed Ordinance No. 98-4042 amends Chàpter 33, Sarasota City Code, authorizing the City Engineer to post local streets prohibiting through truck traffic in residential zone districts; that pursuant to the request of neighborhood groups, expressing concern for cut-through truck traffic on residential streets, the Engineering Department re- examined and determined the existing section of the City of Sarasota Code referring to through truck prohibition and determined the City of Sarasota Code should be revised; that the existing ordinance lists specific streets where through truck traffic is prohibited; therefore, amending the Code is required every time a new street is designated; that the proposed ordinance authorizes the City Engineer to designate local streets, not part of the City's Thoroughfare Plan, as streets where through truck traffic is prohibited, provided 60 percent of the total number of parcels abutting both sides of the street is residentially zoned; that adoption of the new ordinance will eliminate the need to change the Code each time a determination is made to add a street to the existing list and will also eliminate several months of Staff time required to revise the existing Code. BOOK 44 Page 16600 05/04/98 6:00 P.M. BOOK 44 Page 16601 05/04/98 6:00 P.M. Mr. Mohammed continued that the Police Department has reviewed and raised no objections to the proposed change; that the signs posting "No Through Trucks, I once installed, can be enforced under the State Statutes provision for failure to obey a traffic control device; that the following vehicles would still be allowed after a local street is posted to prohibit through truck traffic: Recreational vehicles Trucks making deliveries in the immediate vicinity of posted local streets Trucks transporting equipment, materials or personnel performing construction activities within one block of the posted local street. Trucks rated equal to or less than one ton Vice Mayor Patterson asked if the intent is to post signs on every residential street? Mr. Mohammed stated no; that signs will only be posted on those streets where problems have been identified and in response to a request from citizens residing on the particular street. Vice Mayor Patterson stated that residents on streets which have already been posted complain that the regulation is not properly enforced; that the Police Department has indicated enforcement is difficult; therefore, citizens should not expect the problem to disappear completely once the signs are posted. Mr. Mohammed stated that continuous enforcement is difficult; that the Police Department is notified and enforcement activities undertaken in response to complaints received; that companies identified by the residents as having trucks which utilize a posted street are contacted in an effort to seek volunteer compliance, which has been effective in reducing truck traffic. Commissioner Pillot asked the effect of the proposed ordinance on a resident whose vehicle, which is driven daily and stored at the residence in an enclosed structure, exceeds one ton? Mr. Mohammed stated that recreational vehicles can exceed one ton; that the resident would be allowed to use the street. Sarah Schenk, City Attorney's Office, came before the Commission and stated that the load of the vehicle, not the weight of the vehicle, has to be rated in excess of one ton; that the one ton weight limit would exempt passenger vans and pickup trucks with three axles, which are the most common heavier types of vehicles found in residential areas; that the State Statute definition of "truck" indicates vehicles with a load of over one ton are primarily heavy, industrial type vehicles; therefore, the one-ton limitation appears justified. Mr. Daughters stated that motorists utilizing a street to access their primary residence are not considered through traffic. Vice Mayor Patterson asked why proposed Ordinance No. 98-4042 was not introduced before being advertised for public hearing? City Manager Sollenberger stated that the Commission is not required to set all proposed ordinances for public hearing; that the Administration has the authority to schedule proposed ordinances for public hearing, which is the process followed when an. ordinance is not viewed as controversial or complex in nature. Mayor Dupree opened the public hearing. There was no one else signed up to speak and Mayor Dupree closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 98-4042 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4042 by title only. On motion of Commissioner Pillot and second of Commissioner Merrill, it was moved to pass proposed Ordinance No. 98-4042 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Commissioner Cardamone stated that the importance of enforcing the "No Through Truck" signs on residential streets has been expressed by her several times in the past five years; that Commission consensus to include truck traffic as a quality of life issue resulted in a total of 20 tickets being issued, 8 in February and 12 in March of 1998, for truck traffic on neighborhood streets where "No Through Trucks" signs are posted; that the efforts of the Police Department are appreciated. 11. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4058, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 2035 FRUITVILLE ROAD HISTORICALLY KNOWN AS THE WILEY C. AND EDITH STEAKLEY HOUSE AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 98-HD-03, PETITIONER MIKKI HARTIG, AS AGENT FOR JAMES E. WALLACE, AS TRUSTEE) MOTION TO PASS ON FIRST READING FAILED (AGENDA ITEM IV-2) BOOK 44 Page 16602 05/04/98 6:00 P.M. BOOK 44 Page 16603 05/04/98 6:00 P.M. #1 (3175) through #2 (0400) Jane Robinson, Director of Planning and Development, Lorrie Muldowney, Historical Resources Specialist, Sarasota County, came before the Commission. Ms. Robinson stated that Ordinance No. 98-4058 approves a request for the historic designation of the structure known as the Wiley C. and Edith Steakley House, located at 2035 Fruitville Road, on the north side of Fruitville Road, east of U.S. 301; that the Historic Preservation Board and the Department of Historical Resources recommends approval of the proposed ordinance designating the structure as a structure of historical significance. Mikki Hartig, Historical and Architectural Research Services, representing James Wallace, property owner, came before the Commission. Ms. Hartig gave a slide presentation of various photographs to reference the location and to explain the characteristics of the Wiley C. and Edith Steakley House. Ms. Hartig stated that the property is sited on a small lot; that the structure, constructed in 1946, has historical significance as a well-preserved, unaltered example of post-World War II architecture; that from the 1920s until the 1980s Fruitville Road maintained a more residential nature than presently exists; that over the last 10-20 years, commercial development has and continues to take place on parcels aligning both sides of Fruitville Road; that the road on which the structure is located was originally named Ninth Street, was renamed to Third Street in 1953 and then changed to Fruitville Road approximately 8 years ago; that with the continued and repeated widening of Fruitville Road a number of residences aligning the road have been removed; that maintaining a semblance of the residential nature of the corridor is important. Ms. Hartig continued that a small modern office building, presently used as an attorney's office, is located directly west of the subject site; that a vacant lot is directly to the east, and a parking lot is directly opposite the property; that the Steakley House is of a simple Frame Vernacular structure; that although architectural significance is lacking, the structure has historical merit as a well preserved example of a modest Frame Vernacular residence constructed following the World War II. Ms. Muldowney stated that the structure is remarkably unchanged, demonstrating integrity; that the Steakley House is not nominated for architectural significance but for association with a broad historical period, post-World War II; that Staff from the Sarasota County Department of Historical Resources and the Historic Preservation Board unanimously recommend historic designation of the structure located at 2035 Fruitville Road based on the following criterion contained in Ordinance No. 86- 3019, Section 15-14 (1) of the Zoning Code: (a) exemplifies and reflects the broad cultural, political or social history of the City of Sarasota. Mayor Dupree opened the public hearing. There was no one signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson entered the following documents into the record: City of Sarasota Zoning Code Sarasota City code City of Sarasota Comprehensive Plan (Sarasota City Plan) All documents made part of the record at the Historic Preservation meeting of March 24, 1998 as well as the minutes of that meeting City Auditor and Clerk Robinson read proposed Ordinance No. 98-4058 by title only. Vice Mayor Patterson asked the construction date of the Steakley House. Ms. Muldowney stated that the structure was built circa 1946; that the family appeared in the City directory in 1946 at the site address which was the Steakley's sole residence in Sarasota. On motion of Commissioner Cardamone it was moved to pass proposed Ordinance No. 98-4058 on first reading. City Attorney Taylor stated that this is a quasi judicial proceeding; that the matter came to the Commission with support and a recommendation of approval by the Historic Preservation Board based on a finding that the property exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, which is a criterion set forth in the Zoning Code; that a prior record should be made reflecting the Commission's determination that the property does not qualify for historical designation if the request for historic designation will not be granted. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to pass proposed Ordinance No. 98-4058 on first reading. Vice Mayor Patterson stated that she seconded the motion for purposes of discussion only; that insufficient information presented and the lack of architectural significance causes a BOOK 44 Page 16604 05/04/98 6:00 P.M. BOOK 44 Page 16605 05/04/98 6:00 P.M. reluctancy to support historic designation of the Steakley House; that the only presented significance is that the structure is well-preserved and over 50 years old; that a variety of variances and special exceptions are available to properties with historic designations, which are granted for community value in preserving a structure; that the history and ambiance of an historic property should be included in determining community value; that the record presented requesting historical designation of the Steakley House is unconvincing and lacks a compelling reason for the designation. Commissioner Pillot stated that the recommendation for historical designation is based on the state of preservation and representation of the structure as a residence of the post-World War II era; that many homes in the City of Sarasota are well- preserved and represent construction of the 1940s or 1950s; that the Steakley House is not exceptional; that many other homes in the community could meet the same criteria. Commission Cardamone stated that the use of an historic designation to accomplish a use other than single-family residential has raised concern; however, the Steakley House is not located in a single-family neighborhood; that the nomination for historic designation to preserve the structure at its originally constructed site, which potentially could be utilized as a small office or similar use, is supported. Commissioner Merrill stated that commercial use of the structure is not opposed; that rezoning of property on Fruitville Road is supported; and asked for clarification of the current zoning of the site. Ms. Robinson stated that the property is eligible for Commercial, Residential Transition (CRT) zoning. Commissioner Merrill stated that CRT zoning requires the replacement of residential housing off-site; that rezoning Fruitville Road to commercial has been suggested previously and is supported; however, the Commission often lacks a basis on which to deny special exception or variance requests when structures are historically designated. On motion of Commissioner Merrill, it was moved to amend the motion to include that all homes older than 50. years in the City of Sarasota be declared historic. Motion died for lack of a second. Commissioner Merrill stated that the motion was made to make a point; that the Steakley House is merely a 50-year-old structure; that accepting a structure as historic based on a post-World War II construction is difficult; that historic means something unique; that the potential of future special exception requests causes concerns; that special exceptions for houses on Fruitville Road may be acceptable but would be undesirable for residential areas. Vice Mayor Patterson stated that commercial use of the Steakley House is not opposed; however, she agrees that granting an historical designation for the Steakley House would eliminate a basis for denying 'similar requests for other structures built in the 1950s when the request is not supported; that the term "historic" has meaning which is not associated with the Steakley House; that the historical report presented does not indicate any significance other than construction during a particular era. Mayor Dupree stated that Sarasota has been his home for 59 years; that a number of houses on the east end of Sixth Street are more than 50 years old and are not believed to be historically designated; that supporting historic designation for the Steakley house is difficult since other houses which predate the 1940s exist but have not been historically designated. Commissioner Cardamone stated that the property owner must apply for historical designation. Mayor Pillot asked if the Commission comments satisfy the legal concerns. City Attorney Taylor stated that a differentiation is necessary between the historic designation of the Steakley House and a possible subsequent request for a special exception due to historic designation; that the situation may appear similar to rejecting a use which has been included in an Impact Management Area (IMA) i however, his belief is the Commission is not required to approve a special exception if the use does not fit the criterion applied for historic designation, i.e., approval of the special exception is not automatic; that the issue under consideration is not the special exception; that the Commission appears to indicate that a relatively current structure may not necessarily qualify as an historic structure even if meeting the broad criteria of exemplifying or reflecting economic or social history; that a sufficient age factor or uniqueness must exist for historic designation which has not been demonstrated in this instance, which would appear as competent evidence to deny the petition for historic designation; that findings can be prepared if the Commission desires to continue the matter to another meeting; however, the Commission has the ability to proceed, if desired. Commissioner Pillot stated that based on the discussion, his confidence is the Commission can proceed. On motion of Commissioner Pillot and second of Commissioner Merrill, it was moved to call the question. Motion carried BOOK 44 Page 16606 05/04/98 6:00 P.M. BOOK 44 Page 16607 05/04/98 6:00 P.M. unanimously (5 to 0): Cardamone, yesi Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. City Auditor and Clerk Robinson restated that the main motion as to pass proposed Ordinance No. 98-4058 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion failed (4 to 1): Merrill, no; Patterson, no; Pillot, no; Cardamone, yes; Dupree, no. 12. SCHEDULED PRESENTATION RE: UPDATE ON THE DEMONSTRATION BUILDINGS ON THE URBACULTURE SITE AND THE DOWNTOWN SITE, AND REQUEST COMMISSION DIRECTION ON HOW TO PROCEED ON THE ROSEMARY SITE - REFERRED TO THE ADMINISTRATION FOR A REPORT BACK AT THE MAY 18 OR JUNE 1, 1998, REGULAR COMMISSION MEETING (AGENDA ITEM V) # 2 (0410) through (0664) John Lambie, Co-Director, Florida House Institute for Sustainable Development (FHI), came before the Commission and stated that the proposal presented to the Commission in November 1997 to construct two demonstration buildings on City-owned property at 10th Street and Central Avenue was referred to Staff; that in discussions with Staff, an alternative site in the Rosemary District was identified at 6th Street between Central and Lemon Avenues. Mr. Lambie distributed and referred to an information sheet, conceptual site plan, and building sketches to explain FHI's proposal to build two model homes showcasing innovative technologies with a Federal grant from the U.S. Department of Energy (DOE), one at the Urbaculture site off of Dr. Martin Luther King Jr. Way and one at the 6th Street site. Mr. Lambie stated that the roofs of the demonstration homes will be constructed of Photovoltaic (PV) materials which generate electricity from solar power; that the demonstration building on the Urbaculture site will be a 520 square-foot house designed primarily for the export market in developing countries; that the Civic Learning Center proposed at the 6th Street site will demonstrate a mixed-use urban infill project featuring apartments above commercial space. Mr. Lambie continued that the DOE contract requires FHI to have a site designated and working drawing complete by September 1998; and requested that the Commission refer FHI's request for use of the 6th Street Site to the Administration for a recommendation. City Manager Sollenberger stated that Staff has been meeting with Mr. Lambie regarding the proposal; that additional information from Mr. Lambie has been requested and is required before the Administration can make a recommendation to the Commission regarding a lease agreement with FHI for the 6th Street site; that Mr. Lambie's contacting and resolving questions raised by Gregory Horwedel, Director of Neighborhoods and Redevelopment, and Nancy Carolan, Director of General Services, will expedite the process. Mr. Lambie stated that the Staff referenced will be contacted and a proposal prepared for presentation. On motion by Commissioner Pillot second by Commissioner Merrill, it was moved to refer the matter to the Administration consistent with City Manager Sollenberger's recommendation. Commissioner Cardamone asked if directing the Administration to report back at one of the next two regular City Commission meeting could be included in the motion. Commissioner Pillot, as maker of the motion, stated yes. Vice Mayor Patterson stated that City Manager Sollenberger indicated that Staff had not received necessary information from Mr. Lambie; that requiring Staff to report back within a time frame may be unreasonable since the report cannot be made until sufficient information on which to make a recommendation has been received. Commissioner Cardamone stated that the pressure is on Mr. Lambie to provide the appropriate information. Mayor Dupree called for a vote on the motion to refer the matter to the Administration consistent with City Manager Sollenberger's recommendation for a report back at one of the next two regular City Commission meetings. Motion carried unanimously (5 to 0 ): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 13. CITIZENS - INPUT CONCERNING CITY TOPICS: (AGENDA ITEM VI) # 2 (0664) through (1010) The following people came before the Commission. Clarence Brien, 419 West Cornelius Circle (34232), submitted for the record 11 signatures to a petition which read as follows: Petition Purpose: To establish operating hours for Eastwood Park from dawn to dusk. We, as a neighborhood and residents living close by the park, request that the operating hours for the park be from dawn to dusk. BOOK 44 Page 16608 05/04/98 6:00 P.M. BOOK 44 Page 16609 05/04/98 6:00 P.M. Mr. Brien stated that Eastwood Park is located between East and West Cornelius Circle; that improvements initially made to the park included the installation of children's play equipment, five picnic tables, three covered shelters and two benches, all secured in place, as well as two trash cans' in wood containers, and a fence; that last summer, four picnic tables were replaced and two additional benches installed; that only three picnic tables currently remain in place; that the fourth picnic table was manually relocated near the woods and the fifth picnic table is in a drainage ditch south of the park; that two trash containers are broken, one bench is falling apart and the roof of one of the covered shelters is damaged; that the drainage ditch is filling up with cement blocks and tree trimmings creating a lake in the park during heavy rains; that graffiti is also occurring in Eastwood Park; that daylight hours should be established in Eastwood Park and all neighborhood City parks. Mr. Brien presented to the Commission for viewing photographs of a cactus plant which had been destroyed, broken trash cans, and graffiti on a portion of the fence. Mr. Brien stated that keeping the picnic tables in place is impossible; that three of the five picnic tables at Eastwood Park should be chained under the covered shelters and the remaining two transterred to another park. Commissioner Cardamone stated Mr. Brien's complaints should be forwarded to the appropriate department at Sarasota County, which is responsible for maintenance of Eastwood Park. Mr. Sollenberger stated that Mr. Brien's complaints will be directed to the County. Mr. Brien stated that the Police Department should patrol the park; that police visibility may help deter the activities occurring. Mayor Dupree asked if graffiti is also occurring at Whitaker Gateway Park? Mr. Brien stated yes; that graffiti is beginning to spread into Whitaker Gateway Park although improvements are still in progress. Commissioner Merrill stated that Mr. Brien should contact the City when graffiti is noticed; and asked if the cause of the damage is known? Mr. Brien stated that the individuals causing the damage are not known; however the cactus appeared to be damaged by a machete or similar instrument. City Manager Sollenberger stated that the City will remove any graffiti from City facilities and notify non-City owners of graffiti to be removed when graffiti is reported; that the graffiti at Whitaker Gateway Park was observed and removal has been requested; that Sarasota County will be notified of the graffiti in Eastwood Park. Kafi Benz, P.O. Box 1669, Tallevast (34270) stated that she was disappointed by the Commission's vote on the historical designation of the Steakley House; that the structure should be historically designated as recommended by the Historic Preservation Board and the Department of Historical Resources which would not recommend approval if insufficient criteria existed; that historic preservation is very important; that the Commission is urged to consider the review and proposal process; that an understanding of Vernacular architecture is required to properly assess the historic value of the structure; that the Steakley House which appears to be in good condition, may be destroyed or moved out of the community if a historical designation is not granted; that appreciation of the value of structures which do not appear distinctive and are not associated with a recognizable name is difficult; that a structure worth saving should be saved for the future because in 50 years the structure will be historic. 14. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 98R-1074, APPROPRIATING $193,349 FROM THE UNENCUMBERED FUND BALANCE OF THE BONDED LOCAL PENNY SALES TAX (L.O.S.T) FUND TO FUND THE UNDERGROUND UTILITIES IN THE VICINITY OF THE LIBRARY TO COMPLEMENT THE UNDERGROUND UTILITIES UNDERTAKEN BY SARASOTA COUNTY IN CONJUNCTION WITH THE LIBRARY; ETC. ADOPTED (AGENDA ITEM VII-1) # 2(1047) through (1905) City Manager Sollenberger stated that an appropriation of $193,349 from the unencumbered fund balance of the bonded Local Option Sales Tax (L.O.S.T.) is requested to finance the installation of underground utilities in the vicinity of the new library; that Sarasota County is undergrounding utility lines on Lemon Avenue from the alley north of Second Street to First Street, on Central Avenue adjacent to the library from the alley north of Second Street to First Street, and from Central Avenue past the library to a utility pole on the east side of First Street at Pineapple Avenue. City Manager Sollenberger continued that the Commission initially expressed an interest in a project to place utilities underground throughout the Downtown; that the rough estimate provided by Rick Chalker, former Major Account Manager at Florida Power and Light (FPL), indicated a potential expenditure of $25 million, to address the entire Downtown; therefore, the Administration was BOOK 44 Page 16610 05/04/98 6:00 P.M. BOOK 44 Page 16611 05/04/98 6:00 P.M. directed to examine opportunities to underground utilities in the vicinity of landmark structures; that Mr. Chalker was consulted about undergrounding the overhead lines along Second Street between Lemon and Cocoanut Avenues and west of Pineapple Avenue between First Street and the alley north of Second Street, just beyond the west side of Cocoanut Avenue; that Russell Chamberlin, who assumed Mr. Chalker's position at FPL, provided the Administration with a cost estimate of $193,349 and indicated the work had commenced; that Mr. Chamberlin was instructed to cease work since the amount of the expenditure required Commission authorization. City Manager Sollenberger further stated that undergrounding the utilities while the streets are torn up for the library construction is recommended if the Commission supports proceeding with the project; that funds are available from a canceled project; that an explanation of the expenses will be provided by Mr. Chamberlain. Dennis Daughters, Director of Engineering/City Engineer, Russell Chamberlin, Major Accounts Manager, and Randall Holm, Planning Engineer, FPL, came before the Commission. Mr. Chamberlin distributed hard copies to the Commission and referred to various utility placement maps displayed on the overhead. Mr. Chamberlin referred to and explained the following contributions funded by the County: removing overhead lines on Central Avenue and First Street removing overhead lines at Pineapple Avenue and the alley just south of Second Street undergrounding facilities on First Street, on the west side of Central Avenue to the east side of Pineapple Avenue undergrounding facilities on Lemon Avenue relocating the underground feeder to Lemon Avenue, which will serve as a future major feeder into the City installing underground service to the library Commissioner Merrill asked if all the utility lines immediately surrounding the library have been placed underground? Mr. Chamberlin stated that the overhead lines on Central Avenue have been removed; that the overhead lines on First Street will be removed following the installation of the underground utilities; that all utility lines which would have been viewed from the library are being placed underground and funded by the County. Mr. Chamberlin referred to and explained the following contributions proposed by the City: removing overhead lines on Second Street west of Lemon Avenue to west of Cocoanut Avenue removing overhead lines on First Street from the east side of Pineapple Avenue to the west side of Cocoanut Avenue removing overhead lines just north of the Bijou Cafe and in the alley which crosses Cocoanut Avenue installing two manholes installing an underground feeder from the east side of Pineapple Avenue to the west side of Cocoanut Avenue Mr. Chamberlin stated that an existing underground concrete case duct bank in the alley just north of Second Street will be utilized to pull cable in and tie overhead lines on the west side of Cocoanut Avenue; that two new manholes will be installed and connections between existing and new facilities provided; that an existing parking space on First Street will be utilized for the installation of pad mounted equipment, e.g., a cabinet and transformer, to serve Munroe's Restaurant; that underground utilities will be installed to serve Bijou Cafe and commercial buildings to the west. Commissioner Merrill asked if removal of the overhead lines on Second Street, which appears to be the longest in distance, accounts for the largest portion of the $193,349 expenditure? Mr. Chamberlin stated that the Second Street line is a single phase line and the removal cost is approximately $10,000 to $13,000; that the major expense is for installation of the underground area with the two manholes, the switch package and transformers. Commissioner Merrill asked the location of the First Street utility line. Mr. Chamberlin stated that the utility line is on the north side of First Street by the Bijou Cafe. Commissioner Cardamone asked if placing the utility lines underground is to FPL's advantage? Mr. Chamberlin stated no; that FPL prefers overhead utilities which are more accessible; that maintaining underground facilities is difficult; that, for example, cable must be pulled out and repaired when underground utilities fail. Mayor Dupree asked the purpose for considering the installation of utility lines in the Downtown if the installation cost is more expensive and accessibility more difficult? BOOK 44 Page 16612 05/04/98 6:00 P.M. BOOK 44 Page 16613 05/04/98 6:00 P.M. Mr. Chamberlin stated that replacing overhead lines with underground facilities is more visually appealing, could reduce some parking problems, and does not interfere with pedestrian traffic; however, the expense is greater and the repair process is slower. Vice Mayor Patterson asked if the costs to the City are based on actual costs to FPL? Mr. Chamberlin stated yes; that the costs are computer-generated based on FPL's actual man-hour costs and past experience estimates. City Auditor and Clerk Robinson read proposed Resolution No. 98-1074 in its entirety. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 98R-1074 to fund the underground utility work in the vicinity of the library. On motion of Commissioner Merrill and second of Commissioner Pillot, it was moved to adopt Resolution No. 98-1074. Commissioner Merrill stated that although repairing underground utilities is more expensive, the amount of damage caused by hurricanes and strong winds would be reduced, requiring repairs less frequently; therefore, long-term savings could be expected; that expending $25 million to underground the entire Downtown could not be supported; however, making small improvements while the streets are torn up and other infrastructure improvements are being made is supported. Commissioner Cardamone stated that creating a dramatic and striking street surface around the Opera House, at Five Points Park, and in front of the library would be a better use of the $193,000 in funds from a canceled project. Vice Mayor Patterson stated that the estimate received to perform a street surface project as referenced was in excess of $1 million; that the overhead utility lines are aesthetically displeasing; that placing the utilities underground while the streets are torn up and the County is making other contributions, is sensible. Mayor Dupree stated that the Administration's decision to cease the project and request direction from the Commission was appreciated. Commissioner Merrill stated that the State allows FPL to install overhead utility lines in the City; that the City cannot prohibit the installation of overhead utility lines; that FPL compensates the City annually in franchise fees; that the franchise fee could be allocated toward the installation of underground utility lines; however, since a desire does not exist on the Commission, FPL should not be blamed for the overhead utility lines; that the City bears the burden of funding underground utility lines; that the funds required to place utilities underground are viewed as a minimal contribution for the overall enhancement of the Downtown. Commissioner Cardamone stated that overhead utility lines obstructing the. line-of-sight from the library have been removed by the County, which is appreciated; that placing utility lines underground in more significant areas of the Downtown may have been supported; that proceeding with the proposed project because the streets are torn up would be prudent only if undergrounding all utility lines were planned in the future; that the project is not supported. Mr. Daughters stated that undergrounding small sections of Downtown separately, was considered by Staff and FPL, but is not feasible; that for example, removing the overhead lines on Central Avenue required additional work in Lemon Avenue; that the entire area must be examined and undergrounding planned accordingly; that the proposed package is feasible and will work. Mayor Dupree called for a vote on the motion to adopt the proposed Resolution No. 98R-1074. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 1): Patterson, yes; Pillot, yes; Cardamone, no; Dupree, yes; Merrill, yes;. The Commission recessed at 8:32 p.m. and reconvened at 8:45 p.m. 15. UNFINISHED BUSINESS: REPORT RE: STATUS OF THE CITY WATERWORKS BUILDING - RECEIVED (AGENDA ITEM VII-2) #2 (1935) through (2550) William Hallisey, Director of Public Works, Nancy, Carolan, Director of General Services, and Dennis Daughters, Director of Engineering/City Engineer, came before the Commission. City Manager Sollenberger stated that the Commission directed the Administration to work with the Historic Preservation Board in determining the feasibility of the restoration of the City Waterworks Building; that Staff will report on the following: Existing Condition Survey of the City Waterworks Building Current Market Value Appraisal Boundary Survey Phase I Environmental Survey Historical Preservation Board's Recommendation BOOK 44 Page 16614 05/04/98 6:00 P.M. BOOK 44 Page 16615 05/04/98 6:00 P.M. Mr. Hallisey stated that the existing survey condition prepared by Barger & Dean Architects, Inc., indicates minimal alteration of the Waterworks Building from the original design; therefore, an adaptive reuse of the building is appropriate; that an accurate historical restoration to the building is possible. Ms. Carolan stated that the appraisal report prepared by Sewell, Valentica, Tillis & Associates estimates the vacant land at a value of $225,000 or $2.65 per square foot with the value of the Waterworks building established at $25,000; that the total appraised value for the Waterworks Building and property is $250,000. Mr. Hallisey referred to the site plan included in the Agenda material which depicts the location of the property and the relationship to other adjacent City-owned property and stated that the site totals approximately 1.95 acres of land with access to Orange Avenue; that City-owned property immediately to the north of the site contains a ground storage water reservoir, which is an integral component of the City's water supply system; therefore, the City should retain a 25-foot access easement across the site for operation and maintenance of the ground storage water reservoir, if the City should dispose of the site. Mr. Hallisey stated that a Phase I Environmental Survey has been conducted; that lead-based paint and asbestos were found as is often the case with many buildings of similar construction and agei that a Phase II Environmental Assessment would be warranted prior to any property transier, although no conclusive evidence has been found to document soil contamination. Mr. Hallisey referred to an April 13, 1998, memorandum from Daniel Delahaye, Chairman of the Historic Preservation Board, and explained the following recommendations of the Board: 1. If the City Commission chooses to sell the building and desires it to be rehabilitated, the following three part requirement is recommended: a. That the buyer request local designation of the Waterworks Building as a local historical landmark prior to. any rehabilitation work being done. b. That the buyer rehabilitate the Waterworks Building in compliance with the Secretary of Interior's Standards. Further, it is the intent of this recommendation that the Waterworks Building be protected. C. That the Buyer take a proactive approach to maintaining the architectural integrity by filing a protective covenant or conservation easement that would become a permanent part of the land record. 2. If the City Commission chooses to sell the Waterworks Building and does not desire to require rehabilitation, the following three-part mitigation is recommended: a. The City Commission cause a Level I "Historical American Building Survey" (HABS) be carried out on the building prior to the exchange of ownership. b. The City Commission include in the Request For Proposal (RFP) that any proposed development receive Rezoning and Preliminary Site and Development plan approval prior to the issuance of a demolition permit for the shell of the Waterworks Building. C. The possibilities of architectural salvage be explored. 3. If the City Commission chooses to take no action on the disposition of the Waterworks Building, the following is recommended: a. Designate the Waterworks Building as a local historic structure. b. Stabilize the Waterworks Building to protect from further deterioration. Mr. Hallisey stated that the Sarasota County Fire Department has expressed an interest in exploring the feasibility of relocating the Fourth Street Fire Station to the Waterworks Building site; that as a public entity, the County Fire Department could acquire the site with historic restoration and adaptive reuse of the building possible and the opportunity for grant funding available; that a time line of 4 to 6 months for the completion of the County Fire Department's evaluation is expected; that the existing facilities on the property will be on line and not demolished for 18 months allowing time for exploration of the County's proposal. Commissioner Cardamone asked the estimates for historical restoration of the building and for renovation for adaptive reuse of the Waterworks Building? Mr. Hallisey stated that the estimated cost for historical restoration is $350,000; that the estimated cost for site development and architectural and engineering fees is $350,000; that the estimated total cost for restoration and renovation for adaptive reuse will probably approach $750,000. BOOK 44 Page 16616 05/04/98 6:00 P.M. BOOK 44 Page 16617 05/04/98 6:00 P.M. City Manager Sollenberger stated that the Administration recommends the Commission receive the report; that a determination will be made as to the interest of the Sarasota County Fire Department in the site; that in the absence of continued interest by the Fire Department, a Request for Proposals (RFP) will be developed for private-sector purchase of the site, restoration of the building, and adaptive reuse of the property. Vice Mayor Patterson stated that the interest of the Sarasota County Fire Department in the Waterworks Building is surprising; that the improvements are required to the Fourth Street Fire Station, which the County suggests may be too large; that such a suggestion is surprising if the same level of fire service is being maintained as prior to the consolidation of the City and County Fire Departments; nevertheless, the County's interest in investing $750,000 in the Waterworks Building and having to build a new facility to house the fire engines which cannot be accommodated at the Waterworks Building is not understood; that and asked the disposition of the proceeds of sale of the Fourth Street property if the Fourth Street Fire Station were closed? City Manager Sollenberger stated that the Fourth Street Fire Station was initially designed as a fire station with a departmental headquarters including administrative offices and conference rooms but no longer serves that function; that the Administration for the County's Fire Department is located at the County Administration Building; that handicapped accessibility must be addressed at the Fourth Street Fire Station; that discussions were held with John Albritton, Fire Chief, and Julius Halas, Deputy Fire Chief for Sarasota County, at their initiative to explore the possibility of utilizing the City Waterworks Building; that major benefit to the City is the potential for redevelopment of the site; that the Salvation Army property is across the street and may also be vacated in the near future, making available two sizable pieces of property for redevelopment; that a potential sale price has not been determined as an appraisal has not been conducted on the property; that an appraisal was conducted on a lot on 7th Street between Central Avenue and Cohen Way purchased by the City several years agoi that the City purchased the property for $60,000; that the property has been appraised at $185,000; that removing the Fire Station from the Fourth Street property would be required to redevelop the property; that the County would expect the City to participate financially in the construction of new facility. Commissioner Patterson stated that participation by the City would be unusual; that the City would have no greater interest in participating in building additional fire facilities than any other group of citizens. City Manager Sollenberger stated that the major gain for the City is the opportunity to redevelop the property; that his suggestion is to continue to discuss the possibility with the County; that the City can proceed with an RFP if nothing of interest develops with the County. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to receive the report. Motion carried unanimously (5 to 0) : Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 16. RECOGNITION RE: SHAWN FULKER, RECORDS AND AUDIO/VIDEO MANAGER #2 (2633) through (2750) Mayor Dupree requested that Shawn Fulker, Records and Audio/Video Manager, come before the Commission and be recognized. City Auditor and Clerk Robinson stated that Mr. Fulkner has been an employee of the Office of the City Auditor and Clerk for two and a half years; that Mr. Fulker's responsibilities include operating the video cameras during Commission meetings, central records management including the retention and destruction of City records, assisting in presentations setups, and assisting the public with by providing copies of Commission meetings video tapes and other records, and has recently been assigned the task of accepting land use petitions; that Mr. Fulker is also assisting Commission Cardamone with the Year 2000 Celebration Committee and is a Jack-of-all-trades in the Office of the City Auditor and Clerk. Commissioner Cardamone presented Mr. Fulker with a note booklet from the University of South Florida (USF) and stated that Mr. Fulker, as a graduate and loyal alumni, has long coveted the booklet and her hope is he will cherish it. Commissioner Pillot stated that the public appreciates the live televised coverage of Commission meetings; that the viewing audience is growing; that the opportunity for the viewing public to see who is responsible for the electronic and mechanical work is important; that appreciation is expressed to Mr. Fulker on behalf of the home viewers. Commissioner Cardamone stated that the Commission authorized the purchase of new microphones; that Mr. Fulker will lead the project. Mr. Fulker thanked the Commission for the recognition; and stated that the USF note booklet is appreciated. BOOK 44 Page 16618 05/04/98 6:00 P.M. BOOK 44 Page 16619 05/04/98 6:00 P.M. 17. NEW BUSINESS: : APPROVAL RE : LINKS PLAZA PARK PLAN AND AUTHORIZE THE ADMINISTRATION TO NEGOTIATE AN IMPLEMENTATION AGREEMENT WITH DR. MARK KAUFFMAN - APPROVED (AGENDA ITEM VIII-1) #2 (2750) through #3 (0500) City Manager Sollenberger stated that conceptual approval of the Links Plaza park plan and authorization for the Administration to negotiate an implementation agreement with Dr. Mark Kauffman is requested; that the plan is for development of a park at the corner of Links Avenue and Main Street which will add to the character, interest and vitality of Downtown Sarasota; that Dr. Kauffman is the adjacent property owner and is interested in a public/private partnership with the City in the development of the site; that development of a small gateway open space on the site was proposed in the Downtown Sarasota, Master Plan for Tomorrow adopted by the Commission in 1986; that the Administration suggested to Dr. Kauffman and David Band, Managing Partners, Theatre Associates by BBK, Inc., that the required public art contribution for the Hollywood 20 Theatre be applied to a project at Links Avenue and Main Street; that Dr. Kauffman suggested a rearrangement of street parking to provide adequate space for an enhanced park site; that a memorandum dated April 22, 1998, from Asim Mohammed, Assistant City Engineer prepared in consultation with other City Staff and David Johnston, David W. Johnston Associates, Inc., Landscape Architects, Gary Hoyt, Architect, and Dr. Kauffman is included in the Agenda material and describes the plan. Asim Mohammed, Assistant City Engineer, and Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, Dr. Mark Kauffman and Mindy Kauffman, came before the Commission. Mr. Mohammed gave a computer-generated slide presentation detailing the plans and location of the park, parking, commercial and retail space through aerial photographs and conceptual plans. Mr. Mohammed stated that the park is bounded by Main Street, Links Avenue, Ringling Boulevard and the Ringling Spur; that the proposed plans include the location of the Ringling Spur, the parking lot owned by Dr. Kauffman, and the old historic building in which the Bumpers nightclub is located. Mr. Mohammed stated that the City will vacate the westerly half of the Ringling Spur south of the existing alleyway and the right-of-way north of the existing alleyway for the creation of a pocket park; that Dr. Kauffman will develop the following: a three-story building with shops and commercial space on the ground floor and a parking garage with a minimum of 130 parking spaces a single-story office building of approximately 8,000 square feet a restaurant of approximately 2,000 enclosed square feet and 750 outdoor square feet Mr. Mohammed continued that half of the Ringling Spur will be vacated; that a one-way street, angle parking and additional streetscaping will be developed on the remaining portion; that the issues raised are as follows: park design and amenities parking type of public art cost and funding source Mr. Mountain stated that developing the park with certain inviting features is necessary and desired; that annuals at the Main Street entrance and the water features of a fountain will be seen from the entrance; that the fountain will serve as a focal point for a mini-amphitheater for small non-amplified concerts when the water feature is turned off; that a living room effect will be created; that a more comfortable area further back in the park will be created; that the blocking of traffic and traffic noise with sounds of the fountain will allow intimacy with the space and the ability to interact with others; that entrances to the park will be created along Main Street, the Ringling Spur and Links Avenue; that the art work created will be a unique feature of the park; that a statute of a golfer shooting golf-size balls of water into the fountain is proposed; that a variety of trees including shade trees and palm trees for contrast will be planted; that large transplanted palms will provide an opportunity for the shade trees to mature; that creating an interactive and inviting space is an exciting opportunity; that the plans will be reviewed to assure adherence to Crime Prevention Through Environmental Design (CPTED) principles. Vice Mayor Patterson asked if the three attractive oak trees on Ringling Boulevard will be preserved? Mr. Mountain stated yesi that the trees are located in the W. T. Roberts Park and were planted many years ago by David W. Johnston Associates, Inc. during development of the area; that application is being made for a grant to restore that area and the fountain, which will cost approximately $50,000; that creating a linkage from Main Street through to Ringling Boulevard is desired. Vice Mayor Patterson stated that the fate of the three trees was brought to her attention by Mr. Johnston. BOOK 44 Page 16620 05/04/98 6:00 P.M. BOOK 44 Page 16621 05/04/98 6:00 P.M. Commissioner Cardamone asked if an historic monument relating to the birth of golf is planned? Mr. Mountain stated yes; that the reason for selecting the statue of the golfer will be emphasized; that the first golf course in the United States was at Links Avenue; that naming the area Links Plaza is an opportunity to tie in the history of golf; that the statue of the golfer is life size; that the appearance will be similar to the Scottish golfers who started the first golf course; that the installation of a memorial plaque by the Historical Society of Sarasota County will be requested; that the fountain will be protected against vandalism; that many people do not realize the significance of the Links name nor the Horizon Building on the corner of Golf Street, which was the site of the first golf shack. Commissioner Cardamone asked the effect of the requirements of the Zoning Code concerning art on public property? City Manager Sollenberger stated that the proposed art will be presented to the Public Art Committee (PAC) and the Parks, Recreation, and Environmental Protection Advisory Board for review, recommendations and suggestions. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to grant conceptual approval of the Links Plaza Park plan and to authorize the Administration to negotiate an implementation agreement with Dr. Kauffman. Vice Mayor Patterson asked if Dr. Kauffman's intent is for the parking garage to remain open in the evening? Dr. Kauffman stated that the parking garage is intended for and will be reserved first to replace the parking for the 1900 Main Street building and provide parking for the new entities created, including a restaurant; that an interest in opening a restaurant has been expressed by the Gastronomia Italian Market; that the number of parking spaces will exceed Zoning Code requirements; that opening the parking to the public has not been decided but is not the current intent; that the parking garage is being built with private funds on private property; that the future uses for the surrounding area are not yet determined; that a commitment to providing free public parking at night cannot be made unless the City desires to contribute financially. Vice Mayor Patterson stated that public parking exists in the area now; that customers visiting the restaurant and new shops will use the public parking located on the street prior to using the parking garage; that the expectation is a restaurant in the area, particularly of the quality proposed, will be enormously successful; that the lack of public parking is a concern. Dr. Kauffman stated that no private parking garage in the City provides public parking in the evening to his knowledge; that providing public parking will be taken under advisement but a definite commitment cannot be given; that the risks and maintenance associated with an unmonitored facility is undesirable; that a co-venture with the City would be considered; that the land will be given to the City free; that the City can build the park ahd the parking garage provided the existing parking for the 1900 Main Street building is replaced; that the plans are in the preliminary stage; that asking for public parking commitments at this time is premature; that the present intent is not to open up the garage for public parking. Vice Mayor Patterson stated that developing a blanket insurance program allowing public use of private garages is contemplated. Dr. Kauffman stated that a blanket insurance program can be discussed; that the risk factors, maintenance, and responsibility of nocturnal use including night patrols for safety are significant issues. Vice Mayor Patterson stated that the parking garage will be open for the restaurant. City Manager Sollenberger stated that discussion of the issue is unnecessary at this time; that the concept of a maintenance and insurance agreement for the use of private parking facilities has been adopted previously by the City, specifically with the former Riscorp organization for after-hours and weekend use of the parking lot at First Street and Central Avenue. The following person came before the Commission: Paul Thorpe, 157 Garden Lane (34242) Executive Director of the Downtown Association. stated that the Commission is urged to support the Links Plaza Park conceptual plan presented by Dr. Kauffman; that the Downtown Association has been a tenant and is now a neighbor of Dr. Kauffman and looks forward to the redevelopment of the property; that the redevelopment plan for the downtown area go back further than 1986 with discussions in the 1960s of redeveloping Main Street from the bayfront to the site of the old railroad station; that the Downtown Association has been encouraging the redevelopment of the east end of Main Street; that Dr. Kauffman in association with others began redevelopment the east end with the Hollywood 20 Theatre and the Main Plaza renovation; that the Links Plaza Park proposal continues the redevelopment plan; that the YMCA at the Main Plaza is a tremendous asset; that an interest has been expressed in redeveloping property, in the 1700 block of Main Street; that redevelopment connecting both ends of Main Street from the site of the old railroad station to the bayfront is exciting; that BOOK 44 Page 16622 05/04/98 6:00 P.M. BOOK 44 Page 16623 05/04/98 6:00 P.M. downtown Sarasota is the best downtown in the Southeast United States. Commissioner Pillot stated that the conceptual plan presented are excellent; that private/public partnerships are supported and encouraged; that having a private partner in the public/private partnership with the proven ability, track record and community concern of Dr. Kauffman is fortunate. Commissioner Merrill stated that Dr. Kauffman's efforts on the east side of downtown are appreciated; that the Administration's recognition of the opportunity is also appreciated; that Pineapple Park is a focal point entering downtown; that the attractive Little Five Points Park and the proposed Links Plaza Park are attributes to the City; that the ability of Dr. Kauffman to make things happen and the private/partmerahip efforts will develop a beautiful park and contribute to making downtown a desirable place to live, work and seek out entertainment. Vice Mayor Patterson stated that the parking requirements of the surrounding businesses are unknown; however, exploring a maintenance and insurance agreement with Dr. Kauffman is desired; that her support of the plan is not contingent on an agreement. City Manager Sollenberger stated that costs are involved with an agreement; that the Downtown Association is considering the establishment of a Business Improvement District (BID district) which could help underwrite the costs and is appropriate, depending upon the agreement that can be negotiated with Dr. Kauffman. Dr. Kauffman stated that neighbors and owners of businesses on Main Street were approached individually for participation through additional levels of parking; that none of the businesses were interested in investing in parking; that parking drives every project; that an additional lot at Fruitville Road and Links Avenue has been purchased to add 100 parking spaces for the Hollywood 20 Theatre; that the number of parking spaces for all his projects exceed the Zoning Code requirements; that other real estate owners in the area believe parking is the City's problem; that the City is not requested to pay for the parking in the Links Plaza Park project; that entering an agreement or CO- venture with the City would be considered and is an excellent idea; however, as a private citizen, taking on other neighbors' problems is not feasible. Mayor Dupree called for a vote on the motion to grant conceptual approval of the Links Plaza Park plan and to authorize the Administration to negotiate an implementation agreement with Dr. Mark Kauffman. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 18. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 98R-1068, CLOSING NORTH WATER TOWER PARK DURING CERTAIN DESIGNATED HOURS, SEVEN DAYS A WEEK; MAKING CERTAIN FINDINGS; : ETC. (TITLE ONLY) REFERRED TO THE ADMINISTRATION (AGENDA ITEM VIII-2) AND 19. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 98R-1069, CLOSING 35TH STREET PARK DURING CERTAIN DESIGNATED HOURS, SEVEN DAYS A WEEK; MAKING CERTAIN FINDINGS : ETC. (TITLE ONLY) REFERRED TO THE ADMINISTRATION (AGENDA ITEM VIII-3) AND 20. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 98R-1071, CLOSING SEVILLA PARK DURING CERTAIN DESIGNATED HOURS, SEVEN DAYS A WEEK; MAKING CERTAIN FINDINGS; ETC. (TITLE ONLY) = REFERRED TO THE ADMINISTRATION. (AGENDA ITEM VIII-4) # 3(0543) through (2919) Commissioner Pillot requested that the three proposed Resolutions Nos. 98R-1068, 98R-1069 and 98R-1071 be addressed at the same time as the requests are similar with identical Administration recommendations. Mayor Dupree stated that hearing no objections, proposed Resolution Nos. 98R-1068, 98R-1069, and 98R-1071 will be addressed at the same time. Gregory Horwedel, Director of Neighborhoods and Redevelopment and Duane Mountain, Streets, Landscape Maintenance & Solid Waste, Manager, came before the Commission. Mr. Horwedel stated that a review of lighting and safety issues in the North Water Tower Park and 35th Street Park was requested by the Bayou Oaks Neighborhood Association (BONA) i that a Crime Prevention Through Environmental Design (CPTED) review was conducted in response to the request; that the recommendation was to increase lighting and take steps to improve safety; that lighting would be prohibitively expensive at North Water Tower Park at this time; however, approximately $550,000 of capital improvement funds is budgeted for North Water Tower Park; that utilizing a portion of the funds for some improved lighting and other improvements for North Water Tower Park is recommended; that North Water Tower Park, located west of Bradenton Road BOOK 44 Page 16624 05/04/98 6:00 P.M. BOOK 44 Page 16625 05/04/98 6:00 P.M. between 47th Street and 42nd Street, is the largest park in the City. Mr. Horwedel distributed copies of reports entitled "Crime Incident Reports for North Parks without Lighting" which reported crime incidents at Sevilla Park, 35th Street Park, and North Water Tower Park between 6:00 p.m. and 6:00 a.m., from January 1, 1995, to December 31, 1997, as follows: Park Total Crimes 6p.m. to 6a.m. Percent of Total Sevilla 73 21 29 Percent 35th Street 91 28 31 Percent North Water Tower 39 35 89 Percent Mr. Horwedel stated that 35th Street Park is located east of Bradenton Road between 34th Street and 35th Street, near the Bradenton road fire station; that cutting back vegetation has improved visibility; that the Sarasota County Fire Department has installed some lighting at minimal cost; that Sevilla Park is located at the east side of Central Avenue between 15th Street and 16th Street; that Mary Dean, President of the Central Cocoanut Neighborhood Association, requested increasing safety measures in the park during discussions with City Staff. Commissioner Merrill asked the number of crimes occurring between the hours of 6 and 11 p.m.? Mr. Horwedel stated that the intormation was extracted from crime incident reports for the 6:00 p.m. to 6:00 a.m. time period which is easily accessible data; that a more exhaustive, detailed analysis can be conducted; that the majority of the incidents occurred from 9:00 p.m. to 6:00 a.m. Commissioner Merrill stated that the crime statistics are over a broad range of hours and should be more specific to aid decision making on park closing times. Mr. Horwedel stated that an hour-by-hour breakdown is not readily available but can be produced given a period of time. Commissioner Pillot stated that according to the crime data over a three-year period, Sevilla Park averaged two crimes per month, 35th Street Park averaged less than three crimes per month, and North Water Tower Park averaged one crime per month; and asked if the Police Department considered the number of crimes major or minor. John Lewis, Chief of Police, came before the Commission and stated that the number of crimes is minor but represents a major problem; that only the reported incidents are indicated; that significantly more crime-related activities are occurring according to neighbors and neighborhood associations; that people in the park for apparent illegal purposes are often not reported; that action is often not taken as being in the park after dark is not prohibited even though the park is unlit. Commissioner Pillot stated that a letter received from the Sarasota Sky Pilots Disc Golf Club dated May 4, 1998, indicates that only law-abiding citizens will leave at an established closing hour; that establishing closing hours for law-abiding citizens is not the intent; . that the intent is to control illegal activities. Chief Lewis stated that no reason exists for anyone to be in the park, law abiding or otherwise, once the park is dark and unlit; that the possible liability of the City or Sarasota County if someone is injured should be considered; that the police could require people to leave or issue citations to people suspected of illegal activities even if not caught in an illegal act, if parks close at a certain time. Vice Mayor Patterson stated that one-third of the crimes at Sevilla Park and 35th Street Park are committed from 6 p.m. to 6 a.m.; that two-thirds are committed during the day; that a lower crime rate exists at night; therefore, if crime is being used as the reason for closing the parks, the parks should be closed during the day. Chief Lewis stated that the statistics are misleading; that only crimes witnessed to which a response is made are reported; that police officers may suspect illegal activity but may not make a report lacking proof of an actual crime. Vice Mayor Patterson stated that incidents at North Water Tower Park occur between 6 p.m. and 6 a.m.i that identifying the specific hours would provide interesting data; that the only method to determine if people are in the park is to patrol due to the thick underbrush; and asked if improving visibility through lighting and clearing out the underbrush would help reduce illegal activities? Chief Lewis stated the park is only patrolled on an as-needed basis when calls for service are received or when police officers have patrol time; that police officers are seen approaching when the park is dark; that an unlit park should be closed at a specific hour determined by the neighborhood. Commissioner Patterson asked would the Police Department's recommendation to establish closing hours at dusk for North Water Tower Park change if the park were lit and visibility improved? BOOK 44 Page 16626 05/04/98 6:00 P.M. BOOK 44 Page 16627 05/04/98 6:00 P.M. Chief Lewis stated yesi that the Police Department's recommendation is based on a lack of lighting; that parks should remain open until the lights are turned off. Mr. Horwedel stated that all three parks are currently without lighting; that the proposed closing hours suggested as an interim measure at North Water Tower Park until lighting is installed and the brush cleared out were discussed with the Bayou Oaks Neighborhood Association. Commissioner Merrill stated that the presentation indicated that installation of lighting is cost prohibitive. Mr. Horwedel stated that is correct. Commissioner Merrill stated that Arlington Park has lights and is open until 11 p.m. which should be the policy for all parks. Mayor Dupree stated that he has supported the installation of lighting in all City parks for some time; that the Administration was requested to investigate lighting for North Water Tower Park following discussions with citizens using the park; that early closing hours of North Water Tower Park can be avoided if lighting is provided along the parameters of the park and the underbrush is Cleared out; that Staff has reported lighting is cost pronibitive; that the Commission should decide to close all City parks at specific hours or direct Staff to locate the necessary funds to provide required lighting; that at North Water Tower Park the funding requirements are for lighting along the parameters of the park and clearing out overgrowth to enable effective law enforcement observation. Vice Mayor Patterson stated that funding has been located for other projects; that unanticipated Local Option Sales Tax (L.O.S.T.) funds are available for projects such as the undergrounding of utilities and developing Links Park; that the possibility of identifying resources for lighting sO all City parks can remain open to 11:00 p.m. should be investigated. City Manager Sollenberger stated that lighting standards should be determined, i.e., lighting in a ball field for sports activities or general illuminate of the area; that lighting at Gillespie Park is insufficient for legitimate sporting activities and has not eliminated the crime problem; € that funding is available but may be insufficient to light all parks at the desired level; that the Commission may desire to refer the matter back to the Administration to meet with and determine the desires of various neighborhood groups and establish funding requirements. Commissioner Cardamone stated that calls for police service may not differ between lit and unlit parks; that closing parks at dark appears reasonable; that the amount of lights necessary to make a park crime free or free from the necessity for calls for police service is undetermined; that lighting the parks may not be the solution. Commissioner Pillot stated that the Police Chief's response that setting park closing hours authorizes police officers to instruct people to leave and take action if necessary is informative and supported; however, closing the parks at dark is taking away a considerable amount of use of important parks. On motion of Commissioner Pillot and second of Commissioner Merrill, it was moved to postpone action on the proposed hours of Sevilla Park, 35th Street Park and North Water Tower Park and refer the issue to the Administration to provide the estimated costs and funding source for the necessary lighting at the first opportunity. Vice Mayor Patterson referred to a letter dated May 1, 1998, from Franklyn Sims, member of the Bayou Oaks Neighborhood Association, expressing his concern about the impact on his property of people using the North Water Tower Park; that his complaints are of broken windows, eggs and trash being thrown in his yard, and the yard being used as a réstroom; that trash and bottles are left in the park; that his suggestion is to relocate the parking to lessen the impact on nearby homes; that the Administration is requested to address the concerns of Mr. Sims along with the lighting issues. Commissioner Cardamone asked if a request for additional crime statistics and comparisons to other well-lit neighborhood parks could be added to the motion? Commissioner Pillot stated that the intent of the motion is to obtain additional crime statistics and comparisons. Vice Mayor Patterson stated that crime statistics for the 6 to 11 p.m. time period is also requested. Commissioner Pillot stated that Mr. Sims' letter is of considerable value to the Commission; that the integrity of the writer and problems experienced are not doubted; however, the problems are not believed caused by the Sarasota Sky Pilots Disc Golf Club; that use of North Water Tower Park by the Club deters such problems. Commissioner Merrill stated that crime is committed in the daytime and at night; that lighting may not reduce crime; that the lighting in Arlington Park is not sufficient for an athletic field but is sufficient for the walking trails; that residents in the area walk in the park in the evenings; that the level of BOOK 44 Page 16628 05/04/98 6:00 P.M. BOOK 44 Page 16629 05/04/98 6:00 P.M. lighting used on walking trails is suggested over lighting intense enough for athletic facilities; that Arlington Park closes at 11 p.m. allowing police officers to instruct people to leave after 11 p.m.; that funds should be found for lighting in the parks. Commissioner Cardamone stated that her objection is not to lighting in the parks; however, the crime problem will not be solved by lighting. Vice Mayor Patterson stated that crime statistics will be lower if more legitimate people use the parks; that lighting the parks encourages legitimate use; that permitting people to walk dogs in the new Whitaker Gateway Park should also be reviewed; that the possibility of allowing people to walk dogs on leashes at all parks with the exception of very small ones should be explored; that having people walking dogs in parks accomplish the same goal as lighting the parks. Mr. Mountain stated that the County has been consulted and has agreed to allow dogs in Whitaker Gateway Park; that dogs are allowed in all parks maintained by the City; that leashing is only required in parks specifically designated in the City Code; that Whitaker Gateway Park does not have leash restrictions; however, some park users who are not dog owners, have complained and requested leash restrictions be established. Commissioner Patterson asked if adopting similar policies in the larger parks maintained by the County could be explored? Mr. Mountain stated yes. The following people came before the Commission: Jim Widick, 4615 Summerwind Drive (34234), Area 5 Representative. Bayou Oaks Neighborhood Association. and Founder, Sarasota Sky Pilots Disc Golf Gulf, referred to a board display depicting an aerial view of North Water Tower Park and stated that the opportunity to address the issue is appreciated; that alternatives to closing the park were explored; that lighting certain areas such as the parking area where the majority of crime incidents are reported is suggested on a temporary basis; that lighting the perimeter of the park, which has some existing lighting, could be less expensive and is suggested; that other areas for parking were suggested when the disc golf course was initially installed; that the use of these areas for parking may alleviate the concerns of Mr. Sims; that disc golf utilizes a large portion of the park and produces a great deal of activity which discourages crime; that less crime exists as the park is used more frequently by disc golfers. Ishmael Baal-Shem, 3709 43rd Avenue West, Bradenton (34205), stated that Staff's efforts and the Commission's understanding of the issues are appreciated; that over 400 people use North Water Tower Park weekly for two and a half to three hours at a time; that the park would be used more if amenities were improved; that crime is nonexistent when the park is in use; that the four incidents occurring between 6 a.m. and 6 p.m. concerned abandoned vehicles in the park, which were brought into the park after closing when the Sàrasota Sky Pilots Disc Golf Club was not using the park; that the use of the park by more community people and families means the criminal elements use the park less; that closing the park early is not the answer; that keeping the park open longer will deter crime; that the Sarasota Sky Pilots Disc Golf Club would appreciate notification about any meetings concerning North Water Tower Park to provide input. Tony Ross, 1314 North Brink Avenue (34237), stated that his involvement with disc golf in North Water Tower Park began approximately one year ago and has continued; that the opportunity to play the sport is after work between 5 and 8 p.m.i that closing the park early will eliminate play during week nights; that many new players are taking up the sport on evenings and weekends; that the Sarasota Sky Pilots Disc Golf Club's efforts to clean up and beautify the park are appreciated. Mayor Dupree asked the number of disc golf parks in Florida? Mr. Widick stated that 17 parks exist and 2 more are being built. Ryan Crosby, 4460 Cocoanut Avenue (34234), was no longer in the Commission Chambers. Geoffrey Morse, 1010 Bacon Avenue, Sarasota (34232), did not wish to speak. Andrew Jones, 34th Court East, Bradenton (34203), stated that the Commission's open-mindedness regarding closing hours for the parks is appreciated; that North Water Tower Park is a wonderful place for people to enjoy; that most of the evening users of the parks are workers who work until 5 p.m. and would be unable to use and enjoy the parks if closed at 61 p.m. Frank Martin, 6520 McKown Road (34240), did not wish to speak. Margery Woods, 4629 Summerwind Drive (34234), was no longer in the Commission Chambers. Mary Hall, 1131 44th Street (34234), stated that the opportunity to address the Commission is appreciated; that her appreciation of lighting in North Water Tower Park is as a resident of Bayou Oaks since July 1997, who arrives home late at night; that bushes in the area require attention and cleaning out; that the presence of the disc golfers provides a safety factor deterring would-be BOOK 44 Page 16630 05/04/98 6:00 P.M. BOOK 44 Page 16631 05/04/98 6:00 P.M. robbers or intruders; that the neighbors in the area look out for each other and also contribute to keeping the crime rate down. Betty Van Lienden, 4120 Rilma Avenue (34234), stated that the past seven years in the area has been pleasurable which is spoken as a resident of the area for 27 years; that previously neighbors were afraid to call the police although illegal activities were taking place; that the neighborhood has become friendlier and safer; that having more lights and North Water Tower Park open later hours keeps the good people around longer and illegal activities out; that families can use and enjoy the park now; that less crime is occurring; that crimes are reported to the police more often as residents are no longer afraid. Karie Levin, 4635 Summerwind Drive (34234), stated that crime has decreased since the disc golfers began using North Water Tower Park; that the majority of the condominium owners play disc golf; that the disc golfers are an asset to the park in keeping the park clean; that bathroom facilities are required; that the park is safe; that paraphernalia associated with illegal activities is not found as often as in the past; that the disc golfers are supported; that lighting should be considered at least on a temporary basis; that North Water Tower Park is used by manyi that the disc golfers have improved the park. Vice Mayor Patterson asked if trash cans are located in the park? Ms. Levin stated yes; that trash cans are in the park because of the disc golfers; that the disc golfers empty the trash cans and keep the area clean; that the park has a barbecue area and one bench; that more benches would be appreciated; that the disc golfers play until dusk and enjoy barbecuing and socializing following the games. Paul Thorpe, 157 Garden Lane (34242), was no longer in the Commission Chambers. Timothy Willis, 2133 5th Street (34237), President, Sarasota Sky Pilots Disc Golf Club, stated that most of the participants in the sport come out after work and play until dark with little reason to stay after dark; that North Water Tower Park is a large park with heavy woods; that lighting the entire park is unreasonable; that the park has only a few access points; that lighting the perimeter would allow for observation of people entering and leaving the park; that future lighting of the perimeter and a walking trail would be an asset for the park and help deter crime; however, installing lights now may be unreasonable particularly if the water tower will be moved and the park torn upi that the major problem is in the parking area; that installation of lights will make a significant difference; that the park should be open until dark; that allowing the disc golfers to use the park until dark is reasonable; that although closing hours for City parks vary, a 10 p.m. closing time for North Water Tower Park is reasonable since no lights are installed at the present time; that the closing time is the major concern; that being allowed to stay in the park until dark is desired. Barry Hart, 2629 Nassau Street (34231), did not wish to speak. Commissioner Cardamone stated that her regret is no one spoke concerning Sevilla Park or 35th Street Park; that Sevilla Park and 35th Street Park are not actively used for sporting events or activity; that the different characteristics of the parks should be considered by the Administration. Vice Mayor Patterson stated that Sevilla Park and 35th Street Park have a lower percentage of crime after 6 p.m. Mayor Dupree stated that one of the speakers requested that representatives of the Sarasota Sky Pilots Disc Golf Club be included in future planning meetings regarding North Water Tower Park. City Manager Sollenberger stated that preliminary conceptual planning for North Water Tower Park will begin in October 1998; that all interested parties including the Sarasota Sky Pilots Disc Golf Club will be informed and invited to participate. Mayor Dupree called for a vote on the motion to postpone action on Resolution Nos. 98R-1068, 98R-1069 and 98R-1071 and to refer the issue to the Administration for a report on the estimated costs and funding source for lighting, the amount of lighting required and crime statistics by hours. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 21. NEW BUSINESS: : APPROVAL RE: SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO 98-4044, AMENDING CHAPTER 2, ARTICLE V, DIVISION 5 OF THE SARASOTA CITY CODE RELATING TO CODE ENFORCEMENT. TO AMEND THE JURISDICTION OF THE CODE ENFORCEMENT SPECIAL MASTER AND TO CLARIFY VARIOUS PROVISIONS OF SUCH DIVISIONS AMENDING CHAPTER 16, ARTICLE III, OF THE SARASOTA CITY CODE RELATING TO ACCUMULATIONS OF JUNK, TRASH, RUBBISH, WEEDS AND VEGETATION, TO PROVIDE FOR A NEW DEFINITION OF SUCH MATERIAL: TO PROHIBIT MOTOR VEHICLE SALES WITHOUT AN OCCUPATIONAL LICENSE, EXCEPT IN CERTAIN CIRCUMSTANCESI AMENDING THE PROCEDURES FOR THE CITY TO REMOVE JUNK, RUBBISH AND TRASH AND TO OBTAIN A LIEN FOR THE COSTS THEREOF: AMENDING THE CITY OF SARASOTA LOCAL AMENDMENTS TO THE STANDARD HOUSING CODE, 1991 EDITION TO BOOK 44 Page 16632 05/04/98 6:00 P.M. BOOK 44 Page 16633 05/04/98 6:00 P.M. PROHIBIT OPEN STORAGE OF CERTAIN MATERIALS ON RESIDENTIAL PROPERTY; AMENDING THE CITY OF SARASOTA LOCAL AMENDMENTS TO THE STANDARD UNSAFE BUILDING ABATEMENT CODE, 1985 EDITION, TO AMEND THE PROCEDURES FOR ASSESSMENT OF COSTS AND LIENS; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID OR UNENFORCEABLEI ETC. SET FOR PUBLIC HEARING (AGENDA ITEM VIII-5) #3 (3019) through (3274) Timothy Litchet, Manager of Building, Zoning and Code Enforcement came before the Commission and stated that proposed Ordinance 98-4044 provides technical modifications to code provisions relating to the code enforcement process and enforcement; that the proposed ordinance has been developed with input from neighborhoods, task forces, City staff and the Code Enforcement Special Master; that the proposed ordinance: reinstitutes language inadvertently deleted regarding alternate Code Enforcement Special Masters, increases penalties for a repeat violation, provides for an expanded definition of a repeat violation, allows the Code Enforcement Special Master to assess costs and reasonable expenses incurred by the City for correcting a violation, allows certified copies of code enforcement orders to be recorded in any county within the State of Florida instead of only Sarasota County, revises many definitions including junk motor vehicle, junk, trash, rubbish and abandoned articles, and open storage of materials to enhance enforcement regarding many of the common complaints received from citizens, includes a new section which makes it unlawful to sell or permit the sale of new or used motor vehicles on property not zoned for such purpose or on property other than where the vehicle owner lives, includes a provision granting the City Manager authority to waive any portion of a lien assessed by the City Commission, such as lot mowing and demolition liens, strengthens the repeat lot mowing program by allowing the City to mow and clear a lot as often as necessary to prevent the excessive growth of grass or other vegetation, and provides an expedited process to place a lot back on the lot clearing program once it has been removed. City Manager Sollenberger stated that the Administration recommends setting proposed Ordinance No. 98-4044 for public hearing. Commissioner Pillot stated that proposed Ordinance No. 98-4044 is a strengthening of the Sarasota City Code relating to code enforcement. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to set proposed Ordinance No. 98-4044 for public hearing. Vice Mayor Patterson stated that her concern is with the proposed section prohibiting motor vehicle sales on non-residential property as follows: Sec. 16-51. Motor vehicle sales prohibition. It is unlawful to sell, or permit the sale of new and used motor vehicles, except for a person who has secured an occupational license on property zoned for such purpose. Vice Mayor Patterson stated that a used car lot should not be allowed without an occupational license; however, the opportunity should be available to advertise a vehicle for sale. Mr. Litchet stated that a prohibition against selling vehicles on vacant property has been proposed; that the following exception has been provided in Section 16-51: this provision does not preclude the sale of a personally owned vehicle on residential property registered to a resident of the property where the vehicle for sale is located. Mr. Litchet stated that the exception could be extended to commercial property if desired; however, vehicles for sale on vacant lots primarily along the commercial corridors have been a major problem. Vice Mayor Patterson stated that her concern was not with a prohibition on vehicle sales on vacant commercial property but rather at gasoline service stations, for example. Mr. Litchet stated that vehicle sales on vacant parcels have been the major problem; that the language in Section 16-51 can be revised to address the concern prior to first reading of the proposed ordinance; that multiple vehicles for sale are also being advertised on weekends on many developed lots, such as shopping centers, which has been a source of public complaint. BOOK 44 Page 16634 05/04/98 6:00 P.M. BOOK 44 Page 16635 05/04/98 6:00 P.M. Vice Mayor Patterson stated that multiple vehicles for sale on parking lots of shopping centers is not preferred. Mr. Litchet stated that alternate language will be developed to address the concern and returned to the Commission. Commissioner Cardamone stated that the prohibition could be against non-owned vehicles being advertised for sale on vacant commercial property. Mayor Dupree called for the vote on the motion to set proposed Ordinance No. 98-4044 for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yesi Patterson, yes; Pillot, yes; Dupree, yes. 22. NEW BUSINESS: APPROVAL RE: : ROADWAY IMPACT FEES FUNDING PRIORITIES - REFERRED TO THE ADMINISTRATION THE ISSUE OF THE CITY'S ESTABLISHING ITS OWN SYSTEM OF IMPACT FEES (AGENDA ITEM VIII-6) #3 (3274) through #4 (0407) City Manager Sollenberger stated that the roadway impact fees funding priorities presented are the recommendations for reimbursement from Sarasota County through the year 2003/04. Dennis Daughters, Director of Engineering/City Engineer, and Alexander Hay, P.E., Assistant City Engineer, came before the Commission. Ms. Hay referred to a chart in the Agenda material entitled "Recommendations for Impact Fee Funding" and stated that the recommendations for funding are as follows: Location Amount Year 1. Lockwood Ridge Road from $335,000 1997/98 Fruitville Road to 17th Street 2. 6th Street from U.S. 41 to 301 $400,000 1998/99 3. Cocoanut Avenue from $200,000 1998/99 6th Street to Fruitville Road 4. U.S. 41 at Fruitville Road $635,000 2000/01 5. U.S. 41 at 10th Street $400,000 2000/01 6. 17th Street from U.S. 41 to 301 $1,644,000 99/2004 7. U.S. 41 at Gulf Stream Avenue $365,000 2003/04 Mr. Daughters stated that all the projects were included in the City's Capital Improvement Program (CIP) for Fiscal Years (FY) 1999-2009 discussed at the April 28, 1998, Commission workshop; that Lockwood Ridge Road is the responsibility of the County; that the County has requested $450,000 of the City's roadway impact fees for assistance in the design of the project with $115,000 to be reimbursed two years later for a net amount from the City's roadway impact fees of $335,000. Commissioner Cardamone stated that the County has responsibility for Lockwood Ridge Road; and asked why the City's roadway impact fees are being requested? Mr. Daughters stated that the County has indicated an inability to fund the entire project with County funds; that the Administration is recommending allocating $335,000 from roadway impact fees for the Lockwood Ridge Road project as: 1) sufficient funds are available in the 5-year CIP and 2) the County has control of roadway impact fees and allocating $335,000 in the City's roadway impact fees will result in better success in approval of other City projects; that the County has approval authority over the use of roadway impact fees. Vice Mayor Patterson stated that the roadway impact fees must be used on projects in or near the City; that the Lockwood Ridge Road project is supported as long as adequate funds are available for the City's other road projects. Mr. Daughters stated that the roadway impact fees must be used in or immediately adjacent to the zone which is defined as the Cityi that the Lockwood Ridge Road project fits the parameters. Mayor Dupree asked the total amount of roadway impact fees which will be utilized for the proposed funding priorities? Mr. Daughters stated that the total is $4,094,000 over the 5-year period; that the projections are based on identified projects as well as actual historical spending. The following people came before the Commission: Kerry Kirschner, 1590 Gulf View Drive (34236), and Bruce Franklin, 149 Cocoanut Avenue (34236) representing the Argus Foundation came before the Commission. Mr. Kirschner stated that the issue is what the City is not doing for its residents; that the City is providing additional services as the population in the County grows without a return in taxes; that his belief is the City is not receiving the desired level of benefit from roadway impact fees; that 85 to 90 percent of all potential construction will be rebuilding or rehabilitation; that few new uses will be developed for new lane mileage; that the question should be if the roadway impact fee collection and allocation is equitable, fair, and the benefit to the City. Mr. Franklin stated that the Argus Foundation previously presented and has recently reaffirmed a recommendation concerning the Interlocal Agreement on roadway impact fees; that the City should opt out of the Interlocal Agreement on roadway impact fees BOOK 44 Page 16636 05/04/98 6:00 P.M. BOOK 44 Page 16637 05/04/98 6:00 P.M. which can occur, if desired, by September 30, 1998; that Lockwood Ridge Road is the County's obligation under the dual taxation settlement; that the City is being asked to give the County the City's roadway impact fees to spend on the County's obligation; that all the provisions in the Interlocal Agreement are at the County's discretion; that the City's roadway impact fees are better spent under the City's control; that the City should take over control of its own destiny; that a contract has been negotiated with the developer on the redevelopment of the Mission Harbor site, which is now called the Renaissance of Sarasota; that the contract provides for the developer to pay certain impact fees, which will be given to the County to schedule the projects and undertake transportation improvements; that pursuant to the Interlocal Agreement, the County can advise the City in the future that the funds are not available, which is unconscionable; that another problem is the Boys and Girls Club, Inc., in Newtown on Orange Avenue, which is a public facility constructed by private funds; that 85 percent of the clients using the facility live nearby and walk to the facility; that under the Interlocal Agreement, the Boys and Girls Club, Inc., must pay approximately $41,000 in impact fees with no assurance the funds will benefit the organization; that forwarding the roadway impact fee recommendation to the County sends a message; that the Argus Foundation proposes another option which is in the best long-term interest of the City; that the City should create its own infrastructure improvement fund, controlled by the City Administration, schedule and construct projects, and retain the ability to retain the funds and reallocate as necessary. Mr. Kirschner distributed copies of the Interlocal Agreement with Sarasota County concerning roadway impact fees and stated that the Commission is designated as the Facility Service District Advisory Committee; that the roadway impact fees are collected by the City official authorized to issue certificates of occupancy; that the funds are transferred to the County, which is paid a fee for the service of administering the funds; that the service fee is in addition to and paid separately from roadway impact fees; that the roadway impact fees collected from the Sarasota Road Facility District must be used exclusively within the District or in accordance with Section 8 (b) as follows: If the County intends to utilize road impact fees collected from the City of Sarasota Road Facility Service District in an abutting District, the County shall first notify the Sarasota Facility Service District Advisory Committee of their intention. Any evidence and supporting data compiled by the County shall be made available to the Advisory Committee not less than four (4) weeks before the Board of County Commissioners is scheduled to consider such matter. The Advisory Committee shall be noticed with the date, time and place of Board consideration and shall be requested to comment thereon. Mr. Kirschner stated that the City Commission has no veto power; that the County can unilaterally determine the use of the funds; that the roadway impact fee is not a tax but is a fee for service; that the ability of another elected jurisdiction to decide to allocate City service assessments outside the City is not known; that Section 8 (c) provides as follows: In no event shall the Board utilize impact fee funds collected from the City of Sarasota Road Facility Service District in an abutting District during the first five (5) years of this Agreement with the approval of both the City and the Board of County Commissioners and without making the findings set forth in Section 10 (d) (4) of (County) Ordinance No. 89-97 . Mr. Kirschner stated that five years after the initiation of the Interlocal Agreement, the City Commission has no authority to negate a decision of the County; that the Interlocal Agreement has specific provisions for opting out; that upon termination, the Interlocal Agreement provides that the Sarasota Board of County Commissioners "shall specify how the remaining funds in the City of Sarasota Road Facility Service District Fund shall be disbursed"; that City service fees have been given to the County; that upon termination, the County will determine how much of the roadway impact fees the City will receive back; that he was on the Commission at the time the Interlocal Agreement was adopted; that his recollection is his vote was against adoption; that impact fees are correct for a growing countyi that the City is built out; that the City must repair potholes, repave streets, and repair sidewalks; that an infrastructure trust fund allows flexibility by providing access to funds when determined necessary by the Commission. Mr. Kirschner distributed a copy of an ordinance from the Town of Breckenridge, Colorado, which provides for a one percent real estate transfer tax and stated that the Commission's review is encouraged; that the Argus Foundation suggests a seamless transition; that the Local State Legislative Delegation could be contacted to initiate legislation to allow the City to have a real estate transfer tax; that a one percent real estate transfer tax would yield the following: 1996 Real Estate Transfers in the County $2,123,039,000 Total Sales in Incorporated Areas $793.865,000 Longboat Key, Sarasota, North Port, Venice Assume 50% from the City $396,932,500 Yield of a 1% real estate transfer tax $3,969,325 Mr. Kirschner stated that the real estate transfers recorded by the Property Appraiser's Office are not specific as to which are BOOK 44 Page 16638 05/04/98 6:00 P.M. BOOK 44 Page 16639 05/04/98 6:00 P.M. in the City of Sarasota; therefore, an assumption was made that 50 percent of the real estate transfers in the incorporated areas of Longboat Key, Sarasota, North Port and Venice were in the City of Sarasota; that a one percent real estate transfer tax would yield a projected $3.9 million in real estate transfer taxes. Mr. Franklin stated that the $3.9 million is approximately the same amount as the roadway impact fee projections. Mr. Kirschner stated that is correct; that the projected $3.9 million is for one yeari that the City would not be restricted by the regulations established by the courts for the use of roadway impact fees; that the City can unilaterally designate the use of the funds. Mr. Franklin stated that the Argus Foundation pledges its services to work with the Local State Legislative Delegation and the City Administration in promoting the proposal. Vice Mayor Patterson asked if the roadway impact fees projections are the City's portion? Mr. Kirschner stated that Sarasota County was contacted to determine the exact amount of roadway impact fees available to the City; however, the exact amount is not known. Commissioner Cardamone stated that the calculation is not based on the amount of roadway impact fees collected in the City. Mr. Franklin stated that is correct. Mr. Kirschner stated that the population of the City remains static while the population of the rest of the County increases; that using a population formula for any revenue source harms the Cityi that more people are using the City's facilities, the downtown area, etc., as the population in the unincorporated area grows; that the City has some of the highest real estate values in Sarasota County; however, the City does not receive a benefit but is rather penalized; that the City's proportion of the entire population is shrinking; that the City should develop a mechanism independent of another entity's determination of the City's proportional share. Mr. Franklin stated that the availability of roadway impact fees is also not certain. Commissioner Cardamone stated that roadway impact fees are provided only if Sarasota County determines funds are available. Mr. Franklin stated that is correct. Commissioner Cardamone stated that approximately a year ago the Commission reached a consensus to explore the possibility of opting out of the Interlocal Agreement with Sarasota County on roadway impact fees; that consideration was delayed due to the initiative for the Local Option Sales Tax (L.O.S.T.) extension; that the Commission should reconsider how the City can operate impact fee management, whether through real estate transfer fees or other revenue sources; that the City should consider managing its own collections and redevelopment efforts; and asked if Commission consensus exists to explore the possibility? Mayor Dupree and Commissioner Pillot agreed. On motion of *Vice Mayor Patterson and second of Commissioner Pillot, it was moved to refer the possibility of the City's managing collection and allocation of revenues to the Administration for a recommendation. Mr. Kirschner stated that the State is considering special legislation for specific jurisdictions such as eliminating the millage cap; that special legislation could be locally initiated. Mr. Franklin stated that the City is linked with Sarasota County's roadway impact fee program; that the City is also linked with Sarasota County through the L.O.S.T., which is under legal attack; that the inability of Sarasota County to provide the funding for City projects due to a legal settlement or judgment could mean the City would no longer be able to meet established obligations and commitments to those from whom impact fees were collected. Vice Mayor Patterson stated that her position on a substitute tax for roadway impact fees, particularly if only applicable to the City, is not firmly established; that the timing is difficult as the City has immediate funding requirements for transportation improvements; that her previous enthusiasm for opting out of Sarasota County's roadway impact fee program is tempered by the City's new transportation requirements which were not known until completion of the traffic study for the Renaissance of Sarasota project; that implementing a City tax poses a special issue as the City is currently a more expensive place to live and work in many ways; that a new tax would add another cost consideration; that her last seven years has been spent trying to even out the cost of living in the City versus the County to a level at which the public would perceive the value of any cost differential; that her feelings about a substitute tax for roadway impact fees are mixed, even if a special legislative act specific to the City were possible. Mr. Franklin stated that part of the analysis must include the economic issue, which fits with the financial sustainability study being conducted by the City; that either a roadway impact BOOK 44 Page 16640 05/04/98 6:00 P.M. BOOK 44 Page 16641 05/04/98 6:00 P.M. fee or some other tax such as a real estate transfer tax will be paid; that consideration should be given to the options. Mr. Kirschner stated that the real estate transier tax ordinance adopted by the Town of Breckenridge, Colorado, includes the opportunity for extending payment over a period of time rather than a one-time, up-front cost, that concerns related to low- and moderate-income housing have been addressed; that mechanisms dealing with the issues of a built-out city have been incorporated into the ordinance. Vice Mayor Patterson stated that Sarasota County's advisory board on impact fees is recommending a substantial decrease in the fee schedule, which is about 45 percent on commercial property; and asked if the proposed schedule has been taken into consideration in the roadway impact fee projections? City Manager Sollenberger stated that Sarasota County has provided information on the proposed schedule, which the City's Planning and Development Department has been requested to analyze; that a report will be returned to the Commission. Vice Mayor Patterson asked if the roadway impact fee projections were developed using the proposed lower schedule, which will likely be adopted by Sarasota County? Mr. Daughters stated that the roadway impact fee projections were developed some time ago using the current roadway impact fee schedule. Vice Mayor Patterson stated that the actual roadway impact fees available may be half the projections. City Manager Sollenberger stated that the roadway impact fee projections can be reviewed. Vice Mayor Patterson stated that the roadway impact fee projections should be reviewed on the basis of the proposed schedule before the Commission approves Sarasota County's use of roadway impact fees for the Lockwood Ridge Road project. Commissioner Cardamone agreed; and stated that the urgency is the timing; that her thinking is to opt out of Sarasota County's roadway impact fee program and for the City to administer its own program with no change in program design; that the program can be modified as necessary in the future; that Sarasota County's program can be duplicated in the City as a first step; that the City could administer the program for less cost. City Attorney Taylor stated that Sarasota County's system is the result of a costly study, including the hiring of outside consultants and a midwestern law firm; that Sarasota County's position was that, once the study was completed and the methodology was developed to sustain legal challenge, the City must follow the same system; that research would be necessary to determine if the results of Sarasota County's study can legitimately be extrapolated for the City's purposes or if the City would have to conduct another study. Commissioner Merrill stated that the analysis of the data may be different for the City than for Sarasota County; that conducting such a study may be expensive; that nevertheless, his preference is to give his tax money to his closest government entity, over which more control can be exercised; that the suggested direction is fundamentally right; that implementing as much of Sarasota County's system as possible and modifying as necessary makes sense; however, replacing roadway impact fees with other revenue sources is not his understanding of the intent of the motion; that switching to a one percent real estate transfer tax, for example, would be a major negative for City residents; that the burden falls on houses; that a large number of houses are not built in the City; therefore, the burden would fall on anyone selling a house; that paying a one percent real estate transfer tax could be five percent of the equity value; that most people like the concept of impact fees as only new construction is affected; that replacing impact fees paid by new residents with a tax paid by current residents is difficult; that the Argus Foundation is proposing a tax which will apparently generate considerably more revenue in the City, which means a major tax increase; that the suggestion is more money will be brought in more quickly which means someone is paying more moneyi that as a builder, his preference would be a one percent real estate transfer tax, which would be less than the current impact fees; however, as an elected official representing City residents, his view is adopting a real estate transfer tax would be a disservice to City residents based on City housing patterns; that transferring the funding to a closer level of government is the correct direction even considering the cost involved in establishing a program. Vice Mayor Patterson stated that her motion is to refer the entire issue, including the concept of a real estate transfer tax, to the Administration; however, her instinct is not to support a real estate transier tax; that fairness dictates referring the entire issue to the Administration for commentary if the concept has been brought to the Commission table; that the approach of duplicating Sarasota County's system is supported; that the City of Sarasota is the only City which has opted into Sarasota County's program; that Sarasota County may have felt a requirement for the City to enter into and remain in the system; however, no other City has felt the requirement. Commissioner Merrill stated that the clarification of the motion is appreciated; that his support will not be given if the intent BOOK 44 Page 16642 05/04/98 6:00 P.M. BOOK 44 Page 16643 05/04/98 6:00 P.M. is for the Administration to study a one percent real estate transfer tax, which would fall as an onerous burden on City residents and is a massive tax increase; that his vote will be against any motion which could be interpreted to include a direction to study a real estate transfer tax. Vice Mayor Patterson stated that one step should be taken at a time; that legislative support for a special legislative act to empower the City to have taxing powers not available to any other jurisdiction in the State is unlikely. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to substitute the motion with a motion to refer the issue of establishing the City's own system of impact fees to the Administration. Commissioner Cardamone stated that the approach is favored and is simple; that a program can be modified as necessary and as opportunities are presented; that the motion to amend is supported. Mayor Dupree called for a vote on the motion to substitute. Motion carried unanimously (5 to 0) : Cardamone, yes; Merrill, yes; Patterson, yes, Pillot, yesi Dupree, yes. City Auditor and Clerk Robinson restated the substituted motion as to refer the issue of the City's establishing its own system of impact fees to the Administration. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes, Pillot, yes; Dupree, yes. Vice Mayor Patterson stated that action is necessary on the Administration's request for Commission approval of funding for transportation projects using roadway impact fees; that her recommendation is to postpone action until the effect of Sarasota County's proposed schedule, if adopted, is measured; that the Sarasota Board of County Commissioners should be voting on the proposed schedule in the near future. Mayor Dupree stated that hearing the Commission's, agreement, no action will be taken on the Administration's request for approval of the funding for transportation projects using roadway impact fees. 23. NEW BUSINESS: APPROVAL RE: AUTHORITY FOR THE CITY ATTORNEY'S OFFICE TO FILE AN ADMINISTRATIVE APPEAL OF THE NOTICE OF DENIAL ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF SUBMERGED LANDS AND ENVIRONMENTAL RESOURCES, FOR THE CITY OF SARASOTA'S REQUEST FOR AUTHORITY TO DREDGE THE BOAT BASIN AT MARINA JACK 'S IN ACCORDANCE WITH THE CONTRACT BETWEEN THE CITY OF SARASOTA AND JACK GRAHAM, INC. - APPROVED (AGENDA ITEM VIII-7) #4 (0996) through (1118) City Attorney Taylor stated that the original lease with Marina Jack's places a responsibility on the City for maintenance dredging of the boat basin, which was never done by the City; that maintenance dredging became incumbent on the City with the 1995 lease modification agreement requested by the leasee to revise the docking system; that all the experts indicated that maintenance dredging could be accomplished as the boat basin had historically been maintenance dredged; that a permit application was filed in 1995 by the City as the party in interest; that the Tampa office of the Department of Environmental Protection (DEP) turned the permit application down due to the large quantities of seagrasses in the area which DEP contended cannot be disturbed; that DEP's assertion is the failure to dredge for 30 years is proof the boat basin was never intended to be a maintained dredge area; that the City's outside legal counsel, who is an expert in the field, is of the opinion that the problem is with the Tampa office of DEP; that as with all administrative actions, the City's rights will be lost if an appeal is not filed; that an appeal must be filed within 14 days which is before the May 18, 1998, regular Commission meeting; that authority to file the administrative appeal is requested; that Jack Graham, Inc., will be joining the City in the administrative appeal. Vice Mayor Patterson stated that her husband's law firm represents Jack Graham, Inc.; therefore, she is declaring a conflict of interest and will abstain from voting on the issue On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to authorize the City Attorney to file an administrative appeal of DEP's Notice of Denial for the City's request for authority to dredge the boat basin. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, abstained, Pillot, yes; Dupree, yes. 24. BOARD APPOINTMENTSI APPOINTMENT RE: CITY COMMISSION REPRESENTATION ON BOARD AND COMMITTEES - APPOINTMENTS MADE (AGENDA ITEM IX) #4 (1137) through (1331) City Auditor and Clerk Robinson stated that the Sarasota City Commission is represented on the following boards and committees: Metropolitan Planning Organization Sarasota Bay National Estuary Policy Committee Tourist Development Council Economic Development Board ManaSota League of Cities BOOK 44 Page 16644 05/04/98 6:00 P.M. BOOK 44 Page 16645 05/04/98 6:00 P.M. Children and Youth Services Advisory Council Council of Governments Sarasota County Coastal Advisory Committee Sarasota County Community Agency Board Mayor Dupree stated that there is a consensus of the Commission for the following representation on external boards and committees: Metropolitan Planning Organization Vice Mayor Patterson Commissioner Cardamone Commissioner Merrill as the alternate Sarasota Bay National Estuary Policy Committee Commissioner Cardamone Tourist Development Council Commissioner Pillot Economic Development Board Mayor Dupree ManaSota League of Cities Vice Mayor Patterson Children and Youth Services Advisory Council Mayor Dupree Council of Governments Mayor Dupree (Mayoral position) Sarasota County Coastal Advisory Committee Commissioner Merrill Sarasota County Community Action Agency Board Commissioner Pillot, tentatively Commissioner Pillot stated that representing the City on the Sarasota County Community Action Agency Board would be a pleasure; however, his representation will depend on the Board meeting schedule. City Auditor and Clerk Robinson stated that sthe Board meeting schedule was not previously available but will be obtained. Commissioner Cardamone stated that she will be pleased to attend the Economic Development Board if the Mayor is unable to attend; that City representation on all the external boards and committees is important; that alternates should be present even if unable to vote. 25. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #4 (1331) through (1458) VICE MAYOR PATTERSON: A. stated that discussion has been heard about moving the Sheriff's headquarters for Sarasota County out of the City to provide additional space for the Sarasota County Courthouse; that hearing such discussion is not thrilling as the location of the Sheriff's headquarters was cited as a City-enjoyed benefit in the dual taxation lawsuit, which kept the City liable for paying for the Sheriff's road patrol; that Staff should monitor the situation; that relocating the Sheriff's headquarters would increase the concern about the possibility of the City's absorbing additional jail facilities downtown. City Manager Sollenberger stated that additional information will be requested. Commissioner Cardamone stated that the Sheriff's headquarters generates a large volume of traffic; that a move out of the City would not be a concern; that locating the jail downtown is not desired. Mayor Dupree stated that his understanding is the Sarasota County Administrator is consolidating County services into seven to eight departments; and asked if the potential move of the Sheriff's headquarters may be part of the consolidation? Commissioner Cardamone stated no; that the Sheriff is independent. 26. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (1454) through (1471) CITY MANAGER SOLLENBERGER: : A. stated that the Downtown Association of Sarasota will be conducting a charette on the reuse of the Main Street Depot on May 16, 1998, from 9 a.m. to 12 noon. BOOK 44 Page 16646 05/04/98 6:00 P.M. BOOK 44 Page 16647 05/04/98 6:00 P.M. 27. ADJOURN (AGENDA ITEM XII) #4 (1471) There being no further business, Mayor Dupree adjourned the regular meeting of May 4, 1998, at 11:30 p.m. Loml 6EROME DUPRERA MAYOR ATT k BLLy & Ret se a a BILLY E. ASBINSON, CITY AUDITOR AND CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC * LAST NAME-FIRST NAMEMIDDLENAME NAMEOFI BQARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Patterson Nora Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON 707 Freeling Drive WHICHIS SERVE IS A UNIT OF: B CITY D COUNTY D OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sarasota Sarasota City of Sarasota DATE ON WHICHVOTE OCCURRED MYI POSITIONI IS: May 4, 1998 B 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 Committee. 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 iti 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 wili 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 fling 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 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: Al 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 (other 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 interest, but must disclose the nature of the 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 oft the agency. Thet form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORME 8B 10-86 PAGE 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. You should complete the form and file 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 May 4 1998 (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: Agenda Item VIII-6, Approval Re: Authority for the City Attorney's Office to file an Administrative Appeal of the Notice of Denial issued by the Department of Environmental Protection, Bureau of Submerged Lands and Environmental Resources, for thè City of Sarasota's request for authority to dredge the boat basin at Marina Jack' S in accordance with the contract between the City of Sarasota and Jack Graham, Inc. My husband's Law firm represents Jack Graham, Inc. May 18, 1998 Hous Aleron Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 8112.317 (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 PAGE 2