BOOK 45 Page 17993 2/16/99 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 16, 1999, AT 6:00 P.M. PRESENT: Mayor Jerome Dupree, Vice Mayor David Merrill, Commissioners Mollie Cardamone, Albert Hogle, and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney 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. ADOPTION RE: MEMORIAL RESOLUTION NO. 99R-1155, RECOGNIZING THE PASSING OF GIUSTINO "PAPA" LOYAL, CO-FOUNDER OF SARASOTA'S SAILOR CIRCUS, WHERE HE COACHED UNTIL 1997, AND WHO PLAYED AN INTEGRAL PART IN THE HISTORY AND FUTURE OF EQUESTRIAN CIRCUS ACTS AND WHOSE UNIQUE CONTRIBUTIONS TO THE COMMUNITY ARE GREATLY APPRECIATED ETC. - ADOPTED #1 (0031) through (0253) Mayor Dupree stated that the City of Sarasota Memorial Resolution No. 99R-1155, recognizes the January 17, 1999, passing of Giustino "Papa" Loyal, an outstanding citizen of Sarasota. Mayor Dupree read Memorial Resolution No. 99R-1155 in its entirety. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to adopt Memorial Resolution No. 99R-1155. 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; Hogle, yes; Merrill, yesi Pillot, yes. The following family members came forward and were presented with a copy of the memorial resolution appropriately framed on a plaque: : Gus Loyal (son), Marti Loyal daughter-in-law, Olympia Zacchina (niece), Gloria Loyal (daughter), Chuck Modlin (grandson), Laura Loyal Modlin grandaughter), Larry Klotz (family friend) Mr. Loyal stated that this memorial resolution would probably be his father's Eavorite among all the awards received over the years; that he talked about Sarasota all over the world; that the old-timers will remember stories about his dad riding a Harley- Davidson motorcycle standing up down Main Street to "Smacks Drive- In"; that the family truly appreciates the award of the Commission. 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0325) through (0396) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove from the beginning of the agenda Special Presentations, Item No. 1, Presentation Re: Recognition of the City of Sarasota United Way Departmental Team Leaders for the 1998/1999 Campaign achievement, per the request of Human Resources Director Davenport. B. Move the agenda requests and backup materials from New Business, Item Nos. VIII-1 and 2 concerning proposed Resolution No. 99R-1158, $11 million Infrastructure Sales Surtax Revenue Bonds, Series 1999; and Resolution No. 99R-1160, $8.5 million from the First Florida Government Financing Commission, to immediately follow Approval of Minutes and prior to Board Actions, per the request of Finance Director Mitchell. C. Add Scheduled Presentation, Item No. V-1, Presentation Re: Request from the Sarasota County Fair Association for the City of Sarasota support for security during the Sarasota County Fair, March 12-20, 1999, per the request of Robert M. Johnson, Board Member, Sarasota County Fair Association. D. Add Scheduled Presentation, Item No. V-2, Presentation Re: Request from Mr. Robert Jackson for the City of Sarasota to repair damaged drain resulting from the City posting a sign on Mr. Jackson's property, per the request of Mayor Dupree. E. Add Board Appointments, Item No. IX-4, Nomination Re : Housing Authority Board, per request of Mayor Dupree. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 3. APPROVAL OF MINUTES RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF DECEMBER 3, 1998 AND REGULAR MEETING OF FEBRUARY 1, 1999 - APPROVED (AGENDA ITEM I-1, 2) #1 (0398) through (0425) BOOK 45 Page 17994 2/16/99 6:00 P.M. BOOK 45 Page 17995 2/16/99 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 special Commission meeting of December 3, 1998, and the regular Commission meeting of February 1, 1999, are approved by unanimous consent. 4. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 99R-1158, AUTHORIZING THE ISSUANCE BY THE CITY OF SARASOTA, FLORIDA OF NOT TO EXCEED $11 MILLION IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF SARASOTA, FLORIDA INFRASTRUCTURE SALES SURTAX REVENUE BONDS, SERIES 1999 FOR THE PURPOSE OF PAYING THE COSTS OF ACQUIRING AND CONSTRUCTING CERTAIN CAPITAL IMPROVEMENTS WITHIN THE CITY; PLEDGING THE CITY'S PORTION OF THE DISCRETIONARY INFRASTRUCTURE SALES SURTAX TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE HOLDERS OF SUCH BONDS; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH THE SALE, ISSUANCE AND DELIVERY OF SUCH BONDS; TAKING CERTAIN OTHER ACTIONS WITH RESPECT TO SUCH BONDS; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM VIII-1) #1 (0439) through (0749) Gibson Mitchell, Director of Finance, came before the Commission and stated that proposed Resolution No. 99R-1158 authorizes the issuance of not to exceed $11 million of Infrastructure Sales Surtax Bonds, Series 1999; that $17.6 million is required to renovate the Van Wezel Performing Arts Hall (VWPAH) as planned; that the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax, only authorized $12.5 million, i.e., $7.5 million for renovations, $2.5 million for the debt service on the proposed bonds, and a contingency of $2.5 million; that proceeds and interest earnings will amount to $10.034 million which is below the $17.6 million required. Commissioner Pillot stated that the Commission, the School Board of Sarasota County, and the Sarasota Board of County Commissioners certified the purposes of the L.O.S.T. extension to the citizens prior to the vote; and asked if the purposes necessitating the proposed Infrastructure Sales Surtax Bond are consistent with the purposes established and later voted upon by the citizens? Mr. Mitchell stated yes; that proposed Resolution No. 99R-1158 is a request for $10.180 million which will net $10.034 million in proceedsi; that the purposes match exactly what was indicated to the citizens prior to the vote for the L.0.S.T. extension; that the approximately $3 million in pledges from the Van Wezel Foundation plus the $3.5 million of County revenues from the L.O.S.T. extension total $6.5 million; however, the $6.5 million cannot be bonded by City revenues from the L.O.S.T. extension; that the anticipation is the $6.5 million will yield approximately $5.8 million in bond proceeds to accompany the $10 million of bond proceeds for total construction proceeds of $15.8 million; that $17.6 million in bond proceeds is required for the VWPAH renovations; therefore, the recommendation is to borrow the additional $2 million from the First Florida Government Financing Commission (FFGFC) which can be repaid from the revenues from the L.O.S.T. extension reserved for community projects; that a public hearing will be required to use the reserve funds. Commissioner Pillot stated that no deviation should occur from the established purposes of the L.O.S.T. extension; and asked for clarification. City Manager Sollenberger stated that use of the L.O.S.T. funds is consistent with the information provided to the public. City Attorney Taylor agreed. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1158 by title only. City Manager Sollenberger stated that the Administration recommends adoption of proposed Resolution No. 99R-1158. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to adopt proposed Resolution No. 99R-1158. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Hogle, yes; Merrill, yes; Pillot, yes; Cardamone, yes. 5. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 99R-1160, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $8.5 MILLION FROM THE FIRST FLORIDA GOVERNMENT FINANCING COMMISSION; APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS RELATING TO PUBLIC FACILITIES APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FIRST FLORIDA GOVERNMENTAL FINANCING COMMISSION; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM VIII-2) #1 (0751) through (0852) Gibson Mitchell, Director of Finance, stated that proposed Resolution No. 99R-1160 authorizes the negotiation of a loan in an amount not to exceed $8.5 million from the First Florida BOOK 45 Page 17996 2/16/99 6:00 P.M. BOOK 45 Page 17997 2/16/99 6:00 P.M. Governmental Financing Commission (FFGFC) to supplement the construction of major improvements to the Van Wezel Performing Arts Hall (VWPAH), and approves the execution and delivery of a loan agreement with the FFGFC; that the Van Wezel Foundation has pledges totaling $3 to $3.5 million toward the renovation of the VWPAH which the City has undertaken; that Sarasota County has $3.5 million in the Local Option Sales Tax (L.0.S.T.) extension which will be available during the fiscal year (FY) 1999/2000; that the City does not have control of the Van Wezel Foundation or the County funds; therefore, a recommendation is made for the City to borrow the funds from FFGFC and pledge non-ad valorem revenues to pay the debt service; that the City will need to borrow an additional $2 million from FFGFC to achieve the bond proceeds; that the funds will be paid back by revenues from the L.O.S.T. extension after a public hearing notifying all citizens of the City's intent. City Manager Sollenberger stated that the Administration recommends adoption of proposed Resolution No. 99R-1160. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1160 by title only. On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to adopt proposed Resolution No. 99R-1160. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Merrill, yes; Pillot, yes; Cardamone, yes; Dupree, yes. Mr. Mitchell referred to Section 5.02 (A) (1) of Resolution No. 99R-1158 - The Issuance of Additional Bonds; and stated that two minor changes were made; that the term "audited" was replaced by the term "examined" in Item No. (1) to result in the following: . the books and records of the Issuer relating to the Sales Tax Revenues have been examined by him or her [Finance Director]. Mr. Mitchell stated that the calculation of "1.20 times" was changed to "1.10 times" in Item No. (3) to result in the following: the amount of the Sales Tax Revenues received during the aforementioned twelve (12) month period equals at least 1.10 times the Maximum Annual Debt Service . Mr. Mitchell stated that a detailed resolution on the Infrastructure Sales Surtax Bond, Series 1999 will be presented at the March 15, 1999 regular Commission meeting; that the bond insurer and the escrow agent will be identified; that the bond purchase agreement form will be provided; that pricing of the bonds are anticipated during the week of March 15, 1999, with an expected closing date of April 13 or 14, 1999; that the FFGFC loan will be priced on April 7 or 8, 1999, with an expected closing date of April 22, 1999. 6. BOARD ACTIONS: : REPORT RE: ADVANCED PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETINGS OF JANUARY 6, 1999 AND FEBRUARY 3, 1999 - RECEIVED REPORT: SET PHASE I LDR ERRATA REVISIONS FOR PUBLIC HEARING; AFFIRMED PBLP APPROVAL OF PETITION NO. 99-SE-01; SET PETITION NO. 98-SE-10 FOR PUBLIC HEARING (AGENDA ITEM II-1) #1 (0866) through (2261) Jane Robinson, Director of Planning and Development, and Lou Ann Palmer, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Ms. Palmer presented the following items from the PBLP regular meetings of January 6, 1999, and February 3, 1999: A. Phase I Land Development Regulations (LDRs) Errata Revisions Ms. Palmer stated that on January 6, 1999, the PBLP held a public hearing on the Phase I Land Development Regulations (LDRs) Errata Revisions; that the PBLP voted to find the LDRs Errata Revisions consistent with the Sarasota City Plan, 1989 Edition, following the public hearing, and recommended adoption by the Commission; that on February 3, 1999, following the recent effective date of the City's new comprehensive plan, also called the Sarasota City Plan, 1998 Edition, the PBLP voted to find the LDRs Errata Revisions consistent with the City's new comprehensive plan. Ms. Palmer continued that the PBLP recommends bufferyards shall not be required on lots in the Central City Mixed Use C-CBD Zone District which is consistent with the Sarasota City Plan, 1998 Edition; however, the issue will be revisited during Phase II of the Land Development Regulations (LDRs). City Manager Sollenberger stated that the Administration recommends setting the Phase I the LDRs Errata Revisions for public hearing. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to set Phase I the LDRs Errata Revisions for public hearing. Motion carried unanimously (5 to 0): : Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. B. Petition No. 99-SE-01 - Operating Hours Extension Speedway gasoline station - 1012 North Tamiami Trail BOOK 45 Page 17998 2/16/99 6:00 P.M. BOOK 45 Page 17999 2/16/99 6:00 P.M. Ms. Palmer stated that Special Exception Petition No. 99-SE-01 is a request to extend the hours of operation beyond 10 p.m. and before 6 a.m. for an existing Speedway gasoline fueling station and convenience store located at the northeast corner of Tamiami Trail and 10th Street in the North Trail (NT) Zone District; that the PBLP at the February 3, 1999, meeting found proposed Petition No. 99-SE-01 consistent with the City's new comprehensive plan, and adopted the resolution approving the request subject to the following conditions: 1. Requiring the lights on the canopy structure be replaced or retrofitted with 90-degree, cut-off type luminaries within 90 days of final approval of the special exception by the Commission to reduce off-site glare; and 2. Limiting the hours of operation to no earlier than 5 a.m. and no later than 12 midnight, seven days a week. Ms. Palmer stated that the Commission may set Petition No. 99-SE-01 for public hearing, affirm the PBLP's approval and record the PBLP's resolution in the public record or deny the petition. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to affirm the PBLP's approval of Petition No. 99-SE-01. Motion carried unanimously (5 to 0): Cardamone, yesi Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. C. Special Exception Petition No. 98-SE-10 Skirball Office Building = 1509 South Orange Avenue Ms. . Palmer stated that Historic Designation Petition No. 98-HD-06, a request for historic designation of the Skirball Office Building, was passed by the Commission on first reading on January 19, 1999; that the request for historic designation has been placed on hold at this time at the request of the property owner; that Special Exception Petition No. 98-SE-10, a special exception request for the Skirball Office Building, is contingent upon passage of the historic designation petition; that Special Exception Petition No. 98-SE-10 was initially approved at the January 6, 1999, PBLP meeting based on the City's then existing comprehensive plan and contingent upon the building remaining an architectural office use onlyi however, on February 3, 1999, the PBLP voted 3 to 1 to find Petition No. 98-SE-10 inconsistent with the City's new comprehensive plan and denied the special exception based on findings of fact as follows: 1. On balance, the proposed Special Exception Petition No. 98-SE-10 is not consistent with the Sarasota City Plan, 1998 Edition. The applicant has not demonstrated how the special exception would serve to perpetuate the viable contemporary use of the subject historic structure. 2. The applicant has not offered adequate justification in support of his request for the special exception. 3. The seven-space, off-the-street parking lot with attendant visitor and employee vehicles gives the eastern side of the property a business, non- residential appearance which is incompatible with the surrounding residential neighborhood. In addition, the site plan does not provide sufficient screening to mitigate the business appearance of the off-street parking area. 4. The applicant has not shown by numbers or economics that this action is necessary to preserve the structure or that it enhances the viability of the home. 5. Evidence exists in the previous record from expert opinion that the structure could be viable as a single- family home. 6. It has not been shown other than by argument that this structure is more valuable as mixed-use rather than as a single-family home in today's market. City Attorney Taylor stated that the Commission may not approve a development which is inconsistent with the City's comprehensive plan; that a finding by the PBLP of inconsistency dictates the manner to proceed includes the following options: 1) set the petition for public hearing to develop a position other than the finding of the PBLP or 2) affirm the action of the PBLP denying the request; that the request for historic designation is not being considered at this time at the request of the property owner; that the property owner could still seek the historic designation even if the Commission denies Petition No. 98-SE-10. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to affirm the PBLP's denial of Petition No. 98-SE-10, a Special Exception request for the Skirball Office Building. Vice Mayor Merrill stated that due to a lack of information, the motion is not supported; that holding a public hearing is more appropriate. Commissioner Pillot asked the reason for the dissenting vote at the PBLP? BOOK 45 Page 18000 2/16/99 6:00 P.M. BOOK 45 Page 18001 2/16/99 6:00 P.M. Ms. Palmer cited the following from the minutes of the February 3, 1999, PBLP meeting: Vice Chairman Kantor stated that he thought the house was one of the neatest houses in Sarasota. He stated that it was very difficult for him without enough information to make a decision on who was right and it was very easy for him to figure out that if Mr. Skirball was not given his situation, all the monies he said it would take to fix up a house like that would make it financially unfeasible for someone to keep it up. Vice Chairman Kantor stated that he lived in an old house when he grew up and it cost a fortune to keep the house up and he was not sure that Mr. Skirball's arguments were not factual. He stated that when Mr. Skirball talked about changing electrical wires and plaster walls those were facts. Vice Chairman Kantor stated that he thought Mr. Skirball's arguments were very sound. He stated that he thought if Mr. Skirball did not receive this special exception, he thought the house would not be able to be sold for anything close to what it would be if the Board did [approvel. Commissioner Cardamone asked for clarification of available options. City Attorney Taylor stated that the Commission could choose to: 1) set Petition No. 98-SE-10 for public hearing in order to take a position other than the finding of the PBLP or 2) affirm the action of the PBLP denying the request. Commissioner Cardamone stated that the Commission may not approve a development which is inconsistent with the City's comprehensive plan; that possible reasons for approving the special exception at a public hearing when the PBLP has made six negative findings of fact are difficult to determine; and asked for a legal opinion? City Attorney Taylor stated that State law will not allow approval of a development which is inconsistent with the City's comprehensive plan; that the evidence presented to the PBLP was the basis for the inconsistency finding resulting in denial; that a report from Staff supports the PBLP's finding; that Petition No. 98-SE-10 could be reconsidered at a public hearing with evidence to rebut the evidence of the City's Planning Department and the PBLP's findings. Ms. Palmer stated that several of the negative findings were not Staff findings but rather findings of the PBLP members. Commissioner Pillot asked if the applicant has had an adequate opportunity to rebut? City Attorney Taylor stated that under procedures adopted for quasi-judicial processes, a public hearing at the PBLP for a special exception is necessary; however, historically, public hearings have been set at the Commission level despite evidence to the contrary when the Commission believed additional input was in the best interests of the City. Commissioner Pillot stated that neighborhood association leaders have indicated by requesting a meeting today, subsequently cancelled, opposition to the proposed special exception; that specific knowledge of the neighborhood association leaders' desires is not known; therefore, the motion to affirm the PBLP denial is not supported in order to provide the applicant adequate opportunity for rebuttal. Mayor Dupree asked if the proper action would be setting Petition No. 98-SE-10 for public hearing if intormation opposing the PBLP's recommendations was received? City Attorney Taylor stated yes; that Petition No. 98-SE-10 was found consistent with the City's previous comprehensive plan, but later found inconsistent with the City's new comprehensive plan; therefore, the Commission may appropriately find inconsistency in the PBLP Board's actions and act accordingly. Commissioner Cardamone stated that the Commission has an opportunity to realize the importance of the use of the term compatibility" which was redefined several times during the process of drafting the City's new comprehensive plan; and cited from the Report on Actions of PBLP agency matters dated February 3, 1999, as follows: Action: 3. The seven (7) space off-street parking lot with the attendant visitor and employee vehicles gives the eastern side of this property a business (non- residential) appearance which is incompatible with the surrounding residential neighborhood . Commissioner Cardamone stated that use of the term "incompatible" is successful as none of the homes along Orange Avenue or the surrounding streets have a 7-vehicle parking lot; that the PBLP's finding confirms the importance of the use of the term : incompatible", that live/ork-designated areas have been allowed without taking into account employee or customer vehicles; that the Skirball Office Building requires parking for employees and customers yet does not meet any of the live/work criteria; and asked if the PBLP discussed the relationship to a live/work request. Ms. Palmer stated that the Skirball Office Building is an unusual circumstance; that the home/architect office has existed as a BOOK 45 Page 18002 2/16/99 6:00 P.M. BOOK 45 Page 18003 2/16/99 6:00 P.M. non-conforming use for many years; that the commercial use in a residential area has been allowed for some time; that the issue of live/work was not discussed; that primarily discussions concerned the appropriateness of historic designation; that the limit of seven parking spaces will be reduced to five spaces if the house is sold. Commissioner Cardamone stated that support for Petition No. 98-SE-10 is a concern as the request for historic designation was placed on hold after first reading of the ordinance; that support for the motion to deny the special exception is based on the issue of neighborhood incompatibility. Mayor Dupree restated the motion as to affirm the PBLP's denial of Petition No. 98-SE-10, a special exception request for: the Skirball Office Building. Motion failed (3 to 2): Cardamone, yes; Hogle, yesi Merrill, no; Pillot, noi Dupree, no. On motion of Vice Mayor Merrill and second of Commissioner Hogle, it was moved to set Petition No. 98-SE-10 for public hearing. Commissioner Pillot stated that taking a position on Petition No. 98-SE-10 is difficult as the compatibility concerns are important; however, the decision to provide the applicant one more opportunity to present evidence at a public hearing was influenced due to the importance of the property and also by PBLP member Kantor's support of the special exception; that voting to set Petition No. 98-SE-10 for public hearing does not imply an affirmative vote at that time. Mayor Dupree called for a vote on the motion to set Special Exception Petition No. 98-SE-10 for public hearing. Motion carried (4 to 1): : Cardamone, no; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. D. Other Issues Ms. Palmer stated that a February 4, 1999, meeting of the County Planning Commission was attended; that the County Planning Commission agreed to meet with the PBLP at a later date to discuss the following issues: I-75, urban sprawl versus infill, thoroughfare planning, coordination between the City and the County on extending Webber Street to Cattlemen Road and the Fruitville/McIntosh Roads development, mega-houses and impervious surfaces, consistency of the LDRS between the City and the County, City/County Ordinances, and City/County Staff interaction; that the Multi-stakeholder Group (MSG), a citizen's group, has scheduled a presentation to the County Planning Commission on February 18, 1999; that actions concerning development east and west of I-75 will have a major impact on the City; and asked if the Commission has any objections to issues suggested for discussion? Vice Mayor Merrill stated no; that most of the MSG plans for development will likely be positive; however, some of the plans may have a negative impact on the City; therefore, input from representatives of the City Planning Department Staff, the PBLP and the Commission is important to ensure the best interests of the City are met; that some citizens will likely move to new areas east of I-75 away from the declining neighborhoods near Downtown which would negatively impact the Cityi however, the economic growth provided by development east of I-75 will have a positive economic affect on Downtown businesses. Ms. Palmer stated that the Commission may wish to direct the Administration on requirements for Staff attendance at the many upcoming meetings; that the County Planning Commission meeting on February 18, 1999, is simply an introductory meeting; that the meeting will be attended; and asked if the Commission has any objections to the items mentioned for discussion? Commissioner Cardamone stated the PBLP's attendance at the February 18, 1999, meeting is supported; that personal attendance is not possible; however, a meeting between the City's and the County's planning boards should be scheduled to discuss issues which will impact the City prior to issuance of a final report from the County Planning Commission to the Sarasota Board of County Commissioners as the County Planning Commission and the MSG Group often have opposing positions on many of the issues. Ms. Palmer asked if the Commission desires the PBLP to represent the City to follow up on general and specific items such as requesting the MSG make a presentation to the PBLP and coordinating with the Administration and the Commission to obtain City input prior to the County Planning Commission and the MSG Group presenting a final report to the Sarasota Board of County Commissioners? Commissioner Cardamone stated that the PBLP's working on issues affecting the City is supported; however, a preference would be having the MSG make a presentation to the PBLP and the Commission jointly as soon as possible; and referred to an article in the February 16, 1999, Sarasota Herald-Tribune indicating formal public hearings by the County Planning Commission will begin sometime in July 1999. Vice Mayor Merrill asked the Administration's recommendation as to an appropriate approach in terms of Staff time requirements to work on the issue of development east of I-75. City Manager Sollenberger stated that Staff will prepare a report concerning the recommended City's position regarding development east of I-75 will be provided to the Commission. BOOK 45 Page 18004 2/16/99 6:00 P.M. BOOK 45 Page 18005 2/16/99 6:00 P.M. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to receive the reports of the Planning Board/Local Planning Agency's (PBLP) regular meetings of January 6, 1999, and February 3, 1999. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yesi Merrill, yes; Pillot, yes; Dupree, yes. 7. BOARD ACTIONS: : REPORT RE: PUBLIC ART COMMITTEE'S REGULAR MEETING OF JANUARY 28, 1999 - RECEIVED REPORT; DELAYED ACTION AND DIRECTED THE ADMINISTRATION AND CITY ATTORNEY TO REPORT BACK CONCERNING CONFLICT OF INTEREST LANGUAGE FOR ALL CITY ADVISORY BOARDS (AGENDA ITEM II-2) #1 (2260) through (3320) George Haborak, Chairman, Public Art Committee, and Jane Robinson, Director of Planning and Development, came before the Commission. Mr. Haborak presented the following items from the January 28, 1999, meeting of the Committee: A. Amending the Public Art Committee by-laws regarding conflict of interest City Attorney Taylor stated that the term "Zoning Code" should replace all references to "by-laws"; that the request should be for authorizing an amendment to the Zoning Code. Mr. Haborak stated that the Committee recommends amending the Section III-5.02 (F), Zoning Code (1998), to solve any future problems which may arise by including the following language: Any member of the Public Art Committee is precluded from having his/her work considered for inclusion in any capital art project being considered by the Public Art Committee during their terms of service and for one year after their term of service is completed. Persons other than artists who would receive financial gains from the selection of a work must abstain from all discussion and voting pertaining to the particular work of art or artist selection. On motion of Commissioner Pillot and second of Commission Cardamone, it was moved to delay action on the Public Art Committee's recommendation and request the Administration and the City Attorney to look at all the City's conflict of interest language and report back on language which would cover any and all committees. Commissioner Cardamone stated that several opportunities exist for an appearance of conflict of interest; therefore, the motion to include common language pertinent for all City advisory boards and committees is supported; that the conflict of interest prohibition could be extended from one two years after the conclusion of service. Commissioners Hogle and Pillot agreed. Mayor Dupree called for a vote on the motion to delay action on the Public Art Committee's recommendation and request Administration and the City Attorney look at the City's conflict of interest language and report back on language which would cover any and all committees. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. B. Final Approval Links Plaza Fountain Design Mr. Haborak stated that after reviewing several proposals, the Public Art Committee at its January 28, 1999, meeting, approved the concept and design model of the pocket park and fountain for Links Plaza presented by Aristides Demetrios, Artist, Duane Mountain, Deputy Director of Public Works, and Phil Smith, Landscape Architect; that the design concept would incorporate a new fountain designed by Mr. Demetrios and a sculpture piece designed by Jack Dowd, a Sarasota artist; that the Committee appreciates the assistance provided by Duane Mountain, Phil Smith and especially Dr. Mark Kauffman, applicant for developing Links Plaza; that Commission approval is requested for the fountain design; that the Committee also moved for a stipulation that no interactive "jumping jets" be created between the fountain and the sculpture piece depicting a golfer for financial, maintenance and individual artistic integrity reasons. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to receive the report of the January 28, 1999, meeting of the Public Art Committee. City Manager Sollenberger stated that some Commissioners have expressed a desire to have interaction between the fountain and the sculpture piece depicting a golfer in the form of a jumping jet shooting a ball of water; that questions may be appropriate as the Public Art Committee voted against the concept; and that the pocket park and Eountain will be discussed later in the Agenda. Commissioner Pillot stated that the motion was made only to receive the report. Mayor Dupree called for a vote on the motion to receive the report of the January 28, 1999, meeting of the Public Art Committee. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. BOOK 45 Page 18006 2/16/99 6:00 P.M. BOOK 45 Page 18007 2/16/99 6:00 P.M. Mr. Haborak stated that the Public Art Committee moved that no interaction take place between the fountain and the sculpture piece depicting a golfer for financial, maintenance and artist integrity reasons; that two artists created two separate works of art; therefore, no interplay should take place; that the sculpture piece is a fine piece of art alone; that the fountain has a separate integrity; that the Committee advises against having a shooting jet of water particularly over a walkway. Commissioner Pillot asked if both the artists objected to the interaction between the fountain and the sculpture piece? Mr. Haborak stated that Mr. Demetrios objects to the interaction; however, Mr. Dowd has not been contacted to date concerning the Committee's recommendation. Commissioner Cardamone stated that changes have occurred from the original idea for the park was to commemorate the founding of golf in the United States in Sarasota at the Links Avenue/Golf Street site; that the changes are disappointing; that the idea depicting a golfer with the appearance of hitting a golf ball of water into a pool as a golf green was advocated by several Commissioners; that Disney World has a similar, very appealing design; that the Public Art Committee brought in another designer and abandoned the idea of the golfer hitting a golf ball of water; that further discussion is necessary as the park no longer commemorates the founding of golf as envisioned by many of the Commissioners. Vice Mayor Merrill stated that the idea initially presented was a celebration of golf and the best way to symbolize the game; that often the Public Art Committee disregards the Commission's desires; that an explanation is necessary as to why an artist was told the fountain would be separate and distinct from the sculpture piece depicting a golfer; that the artist's desires are being considered over and above the ideas proposed by the Commission. Mr. Haborak stated that the park will still portray the site as the first golf course in the United States; that a compromise was worked out sO both works of art, i.e., the fountain, and the sculpture piece, would be constructed with public art funds donated by the developers of the Hollywood 20 Theatre complex; that the new design of the fountain should not have any negative impact on the golfing theme. Vice Mayor Merrill stated that Dr. Kauffman, along with several of the Commissioners, came up with the idea of the - jumping jets" golfing theme; that the lack of support by the Public Art Committee is disappointing; that the Committee's argument citing the maintenance costs as the reason to withhold support for the "jumping jets" is weak; that the artist integrity issue is distressing as the Commission should be able to direct the artists to cooperate rather than the other way around; that another Commision-supported idea for fish fountains with water jets on the Bayfront was strongly criticized by the Committee and eventually replaced by lackluster, "snow cone" fountains. Commissioner Pillot stated that the disappointment expressed by the other Commissioners is shared; that some time ago a personal aversion to water-spouting fish was expressed as the action is unnatural; however, a jet of water representing a golf ball is natural and does represent the action coming from a golf club. City Manager Sollenberger stated that the Links Plaza Eountain design and sculpture piece approved by the Public Art Committee is not a major change from the original idea proposed by the Commission; that the issue is the jet of water representing a golf ball; that affirmation by the Commission would still achieve the golf theme concept originally desired. Commissioner Cardamone asked the reason for contacting an artist from California to design the fountain? Mr. Haborak stated that both Staff and Dr. Kauffman were advised of the possibility of hiring an artist familiar with water Eountain design when the original design came to the Public Art Committee; that Mr. Demetrios was contacted and eventually hired using the Committee's public art funds. Mayor Dupree stated that the key issue is not the tountain design at the Links Plaza but rather carrying out the spirit and strong recommendations of the Commission. 8. BOARD ACTIONS: REPORT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD'S REGULAR MEETING OF JANUARY 15, 1999 - RECEIVED REPORT; AUTHORIZED DRAFTING AN ORDINANCE TO RAISE HANDICAP PARKING FINES FROM $150 TO $250; DIRECTED ADMINISTRATION TO EVALUATE REQUEST FOR $2,000 FOR A TACTILE SIGNAGE MAP AT THE NEW SELBY PUBLIC LIBRARY (AGENDA ITEM II-3) #1 (3320) through #2 (0687) Duane Mountain, Deputy Director of Public Works, and Pamela Dorwarth, Chairman, Citizens with Disabilities Advisory Board, came before the Commission. Ms. Dorwarth presented the following items from the January 15, 1999, regular meeting of the Citizens with Disabilities Advisory Board: A. Handicap Parking Spaces BOOK 45 Page 18008 2/16/99 6:00 P.M. BOOK 45 Page 18009 2/16/99 6:00 P.M. Ms. Dorwarth distributed copies of a report from the November 20, 1998, meeting of the Citizens with Disabilities Advisory Board including the new Florida Disabled Parking State Statutes; and stated that she attended an educational program regarding the enforcement and new legislation and/or statutes concerning handicap parking and communication was presented to the Florida Parking Association, the Florida Department of Law Enforcement (FDLE), and the Florida Driver Licenses Division; that approval is requested to increase the handicap parking fines from $150 to $250; that information concerning the number of districts which have increased fines was obtained at a recent FDLE Conference where she was appointed "Mistress of Ceremonies" indicating 83 percent of districts in the State have increased handicap parking fines to $250; that John Lewis, Chief of Police, Sarasota Police Department and Sarasota parking enforcement officers support the increased fine amount; that the FDLE seeks consistency in the fine amounts for handicap parking violations across the State. Commissioner Pillot asked the procedure if the Commission chooses to approve raising the handicap parking fine to $250. City Attorney Taylor stated that an amendment to the Sarasota City Code would be required. Commissioner Pillot asked if a public hearing is required? City Auditor and Clerk Robinson stated yesi that an ordinance is required. Commissioner Pillot asked if the appropriate motion is to request an ordinance be drafted and brought before the Commission to set for public hearing? City Attorney Taylor stated yes. City Manager Sollenberger stated that the Administration recommends drafting and setting for public hearing an ordinance to raise the handicap parking fine to $250. Commissioner Pillot stated that no justification exists for knowingly misusing handicap parking spaces. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to draft an ordinance based on the Florida Disabled Parking Statutes to raise the handicap parking fine from $150 to $250 and bring back to set for public hearing. Vice Mayor Merrill stated that although the motion is proper, the current $150 fine is a strong enough penalty to pay; that the necessity is understood; however, many unused handicap parking spaces have been observed around the City; that a difficulty exists in understanding the reason for raising the fine to $250 as the spaces are sO underutilized; that the fine is a high price to pay for someone who might park in a handicap parking space to take a few minutes to do an errand where several handicap parking spaces are unused; that an imbalance exists between the penalty and the crime. Ms. Dorwarth stated that first and foremost parking in a handicap parking space is against the law; that $250 is not a large penalty compared to the $400 fine for littering. Commissioner Cardamone stated that a $250 fine is supported as parking in a handicap parking space is unjustified; however, only once were all four handicap parking spaces observed in use during many trips over six years to City Hall; that a severe shortage of parking exists around the City; therefore, the Commission should be advised as to the number of violations produced annually and the justification for the number of handicap parking spaces allotted throughout the City. Commissioner Pillot stated that State Statutes may mandate the number of handicap parking spacesi that, if true, the City may have no power to make changes. City Attorney Taylor stated that a State mandate as to the number of handicap parking spaces is believed to exist; however, additional research will be conducted. Commissioner Pillot stated that police officers usually do not issue a ticket when an emergency situation is the reason for breaking a speeding law; and asked if the same leniency applies to someone parking in a handicap parking space under similar circumstances? City Attorney Taylor stated that leniency may be requested from the authority at the scene of an offense; that generally, police officers endeavor to take circumstances into consideration when issuing tickets and/or assessing fines. Ms. Dorwarth stated that State and Federal Statutes mandate the number of handicap parking spaces; that often warnings are issued rather than a fine; that personal experience has not shown an abundance of handicap parking spaces in the City as observed by the Commissioners; that handicap parking spaces are at a premium during the winter season as able-bodied people may illegally use family members' handicap parking stickers; that the Citizens with Disabilities Advisory Board is endeavoring to increase the fine amount to $250 to indicate the severity of the offense of parking illegally in handicap parking spaces; that, additionally, continuity in the fine amount and proper signage across the State is sought; that three judges in the area were asked to report BOOK 45 Page 18010 2/16/99 6:00 P.M. BOOK 45 Page 18011 2/16/99 6:00 P.M. back in six months on changes observed in the courts due to the new $250 fine and other refinements of the law. Commissioner Pillot stated that very faint lines depicting a wheelchair were observed on a handicap parking space during a recent trip to a local restaurant; and asked if the City has authority to ensure the proper signage is in place? Ms. Dorwarth stated that the County, the City, and business property owners have the responsibility for properly posting signs and drawing lines for handicap parking spaces; that the signage numbers and markings are not in conformity to State law both in the City and the County; that a willingness exists to educate the proper authorities about correct signage; that many fines cannot be assessed due to improper signage making the law unenforceable; that plans are in motion to mandate two hours handicap parking training for law enforcement officers pertaining to the understanding of the State Statutes which were changed in October 1998. Commissioner Pillot stated that the current procedures and the possibility of requesting Staff notify businesses, restaurants, etc., about improper or inadequate signage should be investigated. Mayor Dupree asked the State's requirements regarding proper signage? Ms. Dorwarth stated that the City's Traffic Enforcement Department as well as the Florida Parking Association have knowledge of the State's requirements. Commissioner Pillot stated that the request to determine the possibility of requesting Staff notify persons about improper signage does not include taking time away from regular responsibilities; that a method should be developed for Commissioners or Staff to routinely advise the Police Department of observed violations. Vice Mayor Merrill stated that the goal of raising the handicap parking fine is to raise moneyi that difficulties arise for police officers to impose a harsh penalty when a small offense is committed such as parking in one of several vacant handicap parking spaces to make a quick trip to a store; that the $250 fine may be in excess of the limit society deems appropriate for the offense; and asked if speeding ticket charges were revised downward throughout the State in the last two years due to the reluctance of police officers to issue tickets with high penalties? Commissioner Hogle stated that police officers have discretion in issuing a ticket; that most often tickets are issued to persons who are obviously not disabled nor in an emergency situation. Ms. Dorwarth stated that $250 is not necessarily the fine but rather the limit which can be charged. Commissioner Hogle stated that no discretion is allowed concerning the fine amount which is either $0 or $250. Mayor Dupree stated that information on the number of handicap parking spaces and the number of violations in the City is desired; that a number of vacant handicap parking spaces have been observed around the City; that one reason for raising the fine is to curb the number of violations in the City. Ms. Dorwarth stated that the number of violations is unknown but is a major problem; that the new State Statutes include imposing fines on persons who block parking access aisles as well as using the handicap parking spaces. City Auditor and Clerk Robinson restated the motion as to draft an ordinance based on Florida Disabled Parking State Statutes to raise the handicap parking fine from $150 to $250 to be brought back for public hearing. Motion carried (4 to 1): Cardamone, yes; Hogle, yes; Merrill, no; Pillot, yes; Dupree, yes. C. The new Selby Public Library - Tactile Signage Map Funding Approval Ms. Dorwarth distributed for Commission viewing a drawing of a tactile signage map proposed for the new Selby Public Library for enrichment of the public as well as an educational tool for the special needs of the visually impaired; and stated that Sarasota County authorized Scott Sign Systems to install the mapi that the Citizens with Disabilities Advisory Board approved authorizing the expenditure of not to exceed $2,000 toward the total cost of $4,000. Commissioner Cardamone asked if the total amount of $4,000 is the amount required to install only one tactile signage map? Ms. Dorwarth stated yes. Commissioner Cardamone referred to the map drawing; and stated that four tactile signage maps apparently are proposed; that $4,000 appears very expensive for a molded-plastic sign with Braille lettering. Ms. Dorwarth stated that the tactile signage map is similar to signs installed at other libraries such as in Washington, D.C., and Boston, Massachusetts; that the request is to authorize the appropriation of $2,000 from the handicap parking funds. BOOK 45 Page 18012 2/16/99 6:00 P.M. BOOK 45 Page 18013 2/16/99 6:00 P.M. Commissioner Pillot stated that the request is to authorize appropriation of $2,000 for the tactile signage map rather than approval of the actual sign as the new Selby Public Library is managed by Sarasota County. City Manager Sollenberger stated that the Commission could direct the Administration to evaluate and report back on the request for $2,000 for a tactile signage map at the new Selby Public Library. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to direct the Administration to evaluate and report back on the request for $2,000 for a tactile signage map at the new Selby Public Library. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to receive the report of the January 15, 1999, regular meeting of the Citizens with Disabilities Advisory Board. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Commissioner Pillot stated Ms. Dorwarth's exceptional leadership skills and efforts are appreciated. 9. BOARD ACTIONS : REPORT RE: SOUTH SARASOTA TRAFFIC CALMING COMMITTEE'S SPECIAL MEETING OF JANUARY 28, 1999 - DIRECTED THE ADMINISTRATION. TO REQUEST A MEMBER OF THE LOCAL LEGISLATIVE DELEGATION TO INTRODUCE A BILL TO INCLUDE SPEED HUMPS AND SPEED TABLES IN ALL APPLICABLE FDOT MANUALS AND TO CLARIFY THAT SPEED HUMPS AND SPEED TABLES ARE NOT TRAFFIC CONTROL DEVICES, AND TO SOLICIT COMMUNITY SUPPORT IN THE FORM OF WRITTEN LETTERS (AGENDA ITEM II-4) #2 (0687) through (1040) James Toale, member, South Sarasota Traffic Calming Committee, and Asim Mohammed, Assistant City Engineer, came before the Commission. Mr. Toale stated that at the January 29, 1999, meeting of the South Sarasota Traffic Calming Committee, a motion was unanimously passed to recommend the Commission use necessary efforts to lobby the State legislature to direct the Florida Department of Transportation (FDOT) to include speed humps and speed tables in all applicable manuals and to clarify that speed humps and speed tables are not traffic control devices; that the motion supports the City of Sarasota 1999 Legislative Issue regarding Traffic Calming; that the Committee members are willing to accompany City representatives to meet with the local legislative delegation and also to explore alternatives, i.e., assistance of the Florida League of Cities (FLC), assuming the FLC takes a position similar to the City of Sarasota's. Commissioner Cardamone stated that a suggestion is for Mr. Toale and other members of the South Sarasota Traffic Calming Committee to write the local legislative delegation concerning speed humps and speed tables; that the delegation is likely to respond more favorably to the Committee than to the Commission. Mr. Toale stated that several members of the Committee are in the audience would be willing to write the local legislative delegation. City Manager Sollenberger stated that the Administration recommends identifying a legislator to introduce a bill to include speed humps and speed tables in all applicable manuals and to clarify that speed humps and speed tables are not traffic control devices; that the speed humps issue has been a grass roots issue of the community; that the City is responding to the desires of the public; that the Commission has indicated a desire to replace speed humps with speed tables; however, legislation is necessary before changes can be made. City Auditor and Clerk Robinson stated that a new bill must be introduced by noon of March 8, 1999, the date the next legislative session commences. Vice Mayor Merrill stated that the Commission has made a presentation to the local legislative delegation; and asked if a positive response on the traffic calming issue has been attained to date? City Manager Sollenberger stated that no response has been heard to date. Vice Mayor Merrill asked if the Commission can do anything to solicit a response from members of the legislative task delegation? City Manager Sollenberger stated that the traffic-calming issue has been established as a City legislative priority; that the recommendation is to direct the Administration to request a member of the local legislative delegation to introduce a bill to include speed humps and speed tables in all applicable FDOT manuals and to clarify that speed humps and speed tables are not traffic control devices; that community support should be sought in the form of written letters in support of the bill. On motion of Commissioner Hogle and second of Vice Mayor Merrill, it was moved to direct the Administration to request a member of BOOK 45 Page 18014 2/16/99 6:00 P.M. BOOK 45 Page 18015 2/16/99 6:00 P.M. the local legislative delegation to introduce a bill to include speed humps and speed tables in all applicable FDOT manuals and to clarify that speed humps and speed tables are not traffic control devices. Commissioner Hogle stated that while personally disliking speed humps, the City's authority to govern the streets with traffic- calming devices is supported. Commissioner Pillot stated that the motion is not supported; that his position against speed humps is well known; that statistics are not available; however, support for speed humps and speed tables does not exist from the whole community; that many people have expressed dislike of speed humps. Vice Mayor Merrill stated the motion is supported; that speed humps and speed tables are personally disliked; however, speeding and heavy traffic are liked even less. Commissioner Cardamone stated that the issue is not about liking or disliking traffic-calming measures but rather about the City having jurisdiction over City streets in order to make neighborhoods pleasant and safe; that the speed humps are placed on locally-designated streets rather than on major thoroughfares. City Auditor and Clerk Robinson restated the motion as to direct the Administration to lobby the State legislature to direct the FDOT to introduce a bill to include speed humps and speed tables in all applicable manuals, to clarify that speed humps and speed tables are not traffic control devices, and to solicit community support in the form of written letters. Motion carried unanimously (4 to 1): Cardamone, yes; Hogle, yes; Merrill, yesi Pillot, no; Dupree, yes. The Commission recessed at 8:09 p.m. and reconvened at 8:16 p.m. 10. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, AND 5 - APPROVED (AGENDA ITEM III-A) #2 (1061) through (1087) 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Easement Agreement between the City of Sarasota and Florida Power and Light Company for an underground transformer to be located on City-owned property at 1601 Ken Thompson Parkway to complete a project by City tenant Gulfwind Marine. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Interagency Agreement between Southwest Florida Water Management District and the City of Sarasota on behalf of the Sarasota Bay National Estuary Program for Technical Projects in the Sarasota Bay Watershed (W601), in the amount of $133,000 (non- federal revenue) for the following projects: Identification of Critical Nursery Habitat, Habitat Restoration Assessment, Atmospheric Deposition-Red Tide, and Phillippi Creek Water Quality Analysis. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Agreement between the City of Sarasota and the Mote Marine Laboratory, Inc., in the amount of $27,454 (non-federal) for the Bay Scallop Restoration Project in Sarasota Bay. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Subrecipient Agreement between the City of Sarasota and First Step of Sarasota, Inc., in the amount of $60,000 to be used towards the renovation of the First Step drug rehabilitation facility; and $75,000 for renovation of the Helen R. Payne Day Nursery. 5. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and GTE Communications Corporation, Tampa, Florida, (Bid #99-15H) in the amount of $345,246.33, for the purpose of installation of a voice and data digital network communication system for the City of Sarasota facilities. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 5, inclusive. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 11. CONSENT AGENDA NO. 2: ITEM NO. 1 (RESOLUTION NO. 99R-1161) - ADOPTED (AGENDA ITEM III-B) #2 (1087) through (1125) 1. Adoption Re: Proposed Resolution No. 99R-1161, supporting the Sarasota County referendum questions relating to the protection of environmentally sensitive lands that allows the County to levy up to one quarter mill for 20 years to protect environmentally sensitive lands and allows the County to bond up to $53 million to be paid by the aforementioned one quarter mill to protect environmentally sensitive lands; etc. (Title Only). City Auditor and Clerk Robinson read proposed Resolution No. 99R-1161 by title only. BOOK 45 Page 18016 2/16/99 6:00 P.M. BOOK 45 Page 18017 2/16/99 6:00 P.M. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2, Item 1. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Pillot, yes; Cardamone, yes; Dupree, yesi Hogle, yes. Mayor Dupree requested that City Attorney Taylor explain the quasi-judicial process. City Attorney Taylor stated that evidence may be presented, witnesses and experts called and cross-examined, exhibits presented, and rebuttal offered by Applicants and Affected Persons; that in the absence of a request to the contrary, Applicants and the City will have 5 minutes for presentation, Applicants will have 3 minutes for rebuttal, and Affected Persons and other interested persons will have 3 minutes to address the Commission; that the Commission must base any decision on competent and substantial evidence; that Commissioners are required to disclose ex-parte communications, if any. City Attorney Taylor stated that the City has received the first legal challenge to the City's quasi-judicial procedures adopted under the Zoning Code (1998); that the specific challenge is to the process for divulging ex-parte communications; that to assure compliance with the process, Commissioners are requested to identify the person or entity with whom ex-parte communications have occurred and briefly summarize the substance of the communications. Mayor Dupree requested that City Auditor and Clerk Robinson explain the sign-up process and time limits for the quasi- judicial public hearing. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 12. CONTINUED QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4117, TO REZONE A PARCEL OF CITY OWNED REAL PROPERTY FROM THE GOVERNMENTAL USES (G) ZONE DISTRICT TO THE OFFICE PARK (OP) ZONE DISTRICT; SAID PROPERTY BEING LOCATED AT THE NORTHEAST CORNER OF CENTRAL AVENUE AND TENTH STREET, A/K/A 1451 TENTH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 99-RE-01; APPLICANT : CITY OF SARASOTA) PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #2 (1125) through (1615) City Attorney Taylor stated that the quasi-judicial public hearing regarding proposed Ordinance No. 99-4117 and Rezoning Petition No. 99-RE-01 concerning property at 1451 Tenth Street was continued from the February 1, 1999, regular Commission meeting to allow time for the Planning Board/Local Planning Agency (PBLP) to reach a finding as to consistency with the City's newly adopted comprehensive plan, also called the Sarasota City Plan, 1998 Edition; that Petition No. 99-RE-01 had previously been found consistent by the PBLP with the City's then-existing comprehensive plan, also called the Sarasota City Plan, 1989 Edition; that no one has filed for certification as an Affected Person. Mayor Dupree asked for Commissioner ex-parte communications, if any. Commissioner Cardamone asked if communications occurring in the distant past should be disclosed? City Attorney Taylor stated that the purpose of disclosure is to assure an awareness of any discussion with anyone who may have something significant to say with reference to the application; that disclosing communications prior to an application's being placed on the Agenda of the Planning Board/Local Planning Agency (PBLP) or other formal proceeding is probably not required; that the requirement is not aimed at casual comments but rather at substantive discussions with experts or people who are involved in the process or may appear before the Commission. Commissioner Cardamone stated that approximately one year ago, Manny Calvo, General Manager of WWSB-TV Channel 40, met with the Commissioners expressing interest in the City-owned property located at the northeast corner of Central Avenue and Tenth Street; that a drawing of the proposed structure was seen at that time; that no in-depth conversations occurred; and asked when the contract was being negotiated to purchase the property? City Manager Sollenberger stated that negotiations have been on- going over a period of time; that the City is the Applicant for Petition No. 99-RE-01; however, the rezoning request is part of the negotiated purchase agreement between the City and WWSB-TV Channel 40; that disclosing previous discussions is appropriate. Commissioner Cardamone stated that the concern is recalling previous discussions. City Attorney Taylor stated that the presented disclosure is adequate. Commissioner Pillot stated that a meeting occurred with Mr. Calvo at the time of WWSB-TV Channel 40's initial expression of BOOK 45 Page 18018 2/16/99 6:00 P.M. BOOK 45 Page 18019 2/16/99 6:00 P.M. interest in purchasing the property; that representatives of the company had surveyed the property and indicated the property was suitable for the intended purpose. Vice Mayor Merrill stated that a meeting was held with Mr. Calvo; that similar discussions occurred. Mayor Dupree stated that no separate discussions were held. Commissioner Hogle stated that no meeting concerning the project has occurred. Mayor Dupree opened the public hearing and requested the Applicant come forward. Jane Robinson, Director of Planning and Development, and Gerald Chapin, Senior Zoning Analyst and former Senior Planner, came before the Commission. Mr. Chapin stated that the City has entered into a contract with WWSB-TV Channel 40 for the sale of the property located at the northeast corner of Central Avenue and Tenth Street; that a stipulation of the contract is the rezoning of the property from the Government Use (G) to the Office Park (OP) Zone District at least 30 days prior to closing; that the property will be the future location of WWSB-TV Channel 40, which must submit an application to develop the property and must secure all required permits and approvals prior to development; and referred to the "Analysis: Zoning Code Requirements, Staff Report, detailing responses to the requirements of Section 4-7(b)1-16, Zoning Code (1981). Mr. Chapin stated that the PBLP found Petition No. 99-RE-01 consistent with the City's then-existing comprehensive plan at the January 6, 1999, regular PBLP meeting; that the Commission opened and continued the public hearing at the February 1, 1999, regular Commission meeting and referred Petition No. 99-RE-01 back to the PBLP for a finding as to consistency with the City's newly adopted comprehensive plan; that the PBLP found Petition No. 99-RE-01 consistent with the City's newly adopted comprehensive plan and the City's tree protection ordinance at the February 3, 1999, regular PBLP meeting and recommends Commission approval. Mayor Dupree requested Affected Persons and other interested persons come forward. City Auditor and Clerk Robinson stated there were no Affected Persons or other interested persons signed up to speak. Mayor Dupree requested rebuttal and Commissioner supplemental remarks, if any. There was no rebuttal or Commissioner supplemental remarks and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4117 by title only. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 99-4117 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Hogle, yes; Merrill, yes. Commissioner Pillot stated that the outline of the quasi-judicial procedures provided by the Office of the City Auditor and Clerk is appreciated. 13. CONTINUED QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4118, TO AMEND ORDINANCE NO. 97-3974 BY THE AMENDMENT OF PREVIOUSLY APPROVED SITE AND DEVELOPMENT PLAN 97-PSD-03 PERTAINING TO THE REZONING OF THE PROPERTY COMMONLY KNOWN AS THE SELBY LIBRARY SITE; SAID AMENDMENT CONSISTS OF DELETING A CONDITION OF THE REZONING AND PREVIOUSLY APPROVED SITE PLAN SUCH THAT THE PUBLIC ALLEY ABUTTING THE NORTH PARKING LOT OF THE SELBY LIBRARY SITE WOULD BE A TWO-WAY ALLEY FROM COCOANUT AVENUE TO CENTRAL AVENUE; APPROVING SITE AND DEVELOPMENT PLAN 99-PSD-C AS AN AMENDMENT TO THE PREVIOUSLY APPROVED SITE AND DEVELOPMENT PLAN 97-PSD-03; PROVIDING FOR CONDITIONS; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) (PETITION NOS. 99-CO-03 AND 99-PSD-C; APPLICANT: CITY OF SARASOTA) PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #2 (1615) through (1785) City Attorney Taylor stated that the quasi-judicial public hearing regarding proposed Ordinance No. 99-4118 to amend Ordinance No. 97-3974, Conditional Rezoning Petition No. 99-CO-03 and Site and Development Plan Petition No. 99-PSD-C concerning property commonly known as the Selby Library site was continued from the February 1, 1999, regular Commission meeting to allow time for the Planning Board/Local Planning Agency (PBLP) to reach a finding as to consistency with the City's newly adopted comprehensive plan, also called the Sarasota City Plan, 1998 Edition; that Petition Nos. 99-CO-03 and 99-PSD-C had previously been found consistent by the PBLP with the City's then-existing comprehensive plan, also called the Sarasota City Plan, 1989 Edition; that the following persons have filed for certification BOOK 45 Page 18020 2/16/99 6:00 P.M. BOOK 45 Page 18021 2/16/99 6:00 P.M. as Affected Persons as owners or residents of property within 500 feet of the site: Bruce Balk, Mary Anne and Fred Bowie, and the Bertram Gruters Trust with Mary Anne Bowie as trustee. Mayor Dupree asked for Commissioner ex-parte communications, if any. There were no Commissioner ex-parte communications and Mayor Dupree opened the public hearing. Mayor Dupree requested the Applicant come forward. Jane Robinson, Director of Planning and Development, and Mark Hess, Senior Planner, II, came before the Commission. Mr. Hess stated that Petition No. 99-C0-03 amends previously adopted Ordinance No. 97-3974 by deleting Section 4 (7) which is as follows: 7. Petitioner shall convert the public alley abutting the north parking lot of the Project to a one-way eastbound alley from Cocoanut Avenue to Central Avenue after receiving input from adjacent property owners along the alley. Mr. Hess stated that as a result, the public alley will remain a two-way passage; that Petition No. 99-PSD-C is a request to amend previously approved Site and Development Plan Petition No. 97-PSD-03 to allow two-way traffic along the public alley; that the PBLP found Petition Nos. 99-CO-03 and 99-PSD-C consistent with the City's then-existing comprehensive plan at the January 6, 1999, regular PBLP meeting subject to reaffirmation and incorporation of Section 4(1) through (6) of Ordinance No. 97-3974; that the Commission opened and continued the public hearing at the February 1, 1999, regular Commission meeting and referred Petition No. Petition Nos. 99-CO-03 and 99-PSD-C back to the PBLP for a finding as to consistency with the City's newly adopted comprehensive plan; that the PBLP found Petition Nos. 99-CO-03 and 99-PSD-C consistent with the City's newly adopted comprehensive plan and the City's tree protection ordinance at the February 3, 1999, regular PBLP meeting and recommends Commission approval. Mayor Dupree requested Affected Persons and other interested persons come forward. City Auditor and Clerk Robinson stated there were no Affected Persons or other interested persons signed up to speak. Mayor Dupree requested rebuttal and Commissioner supplemental remarks, if any. There was no rebuttal or Commissioner supplemental remarks and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4118 by title only. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to pass proposed Ordinance No. 99-4118 on first reading. 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; Hogle, yes; Merrill, yesi Pillot, yes. 14. SCHEDULED PRESENTATION RE: REQUEST FROM THE SARASOTA COUNTY AGRICULTURAL FAIR ASSOCIATION, INC. FOR CITY OF SARASOTA SUPPORT FOR SECURITY DURING THE SARASOTA COUNTY FAIR, MARCH 12 - 20, 1999 - APPROVED TO AMEND THE CITY BUDGET TO PROVIDE SECURITY DURING THE COUNTY FAIR (AGENDA ITEM V-1) #2 (1785) through (3165) Senator Robert Johnson, Board Member, and Tom Hauser, General Manager, Sarasota County Agricultural Fair Association, Inc., came before the Commission. Senator Johnson stated that the Commission's support to restore funds for security during the Sarasota County Fair, March 12 to 20, 1999, is requested; that historically, the City has provided a regular trained police detail during the County Fair; that no problems or serious incidents have ever occurred during the County Fair due in large part to the expertise and diligence of the City's police officers; that a 30-second response time to problems is provided; that police officers will have to fight City traffic to respond to problems if not on site, resulting in a possible 30-minute delay; that having security on site is prudent; that the City's Police Department is a great community resource; that elimination of the funds from the City budget is a significant concern. Commissioner Hogle asked when the information concerning elimination of the funds from the City budget was known. Senator Johnson stated that the information was learned at the February 8, 1999, Fair Association Board Meeting. Mr. Hauser stated that the information was known to the Fair Association previously. Commissioner Cardamone asked the role of the Sarasota County Sheriff's Department? BOOK 45 Page 18022 2/16/99 6:00 P.M. BOOK 45 Page 18023 2/16/99 6:00 P.M. Mr. Hauser stated that the Sheriff's Department has a display on the fair grounds; that two to four Staff members are provided to walk the fair grounds as a courtesy; that a horse detail is present on the weekends; however, a set Sheriff's detail is not provided. Commissioner Cardamone asked the cost of providing the police service. City Manager Sollenberger stated that the costs were $19,138 for 1998 and $12,600 for 1997; that the significant increase was due to an increase in community gang-related activity which resulted in heightened staffing levels to handle any potential problems. Commissioner Cardamone asked if the City is reimbursed by the Fair Association? City Manager Sollenberger stated no. Commissioner Cardamone stated that City residents pay for the service. Senator Johnson stated that Fair Association pays for every. other event during the year; however, the City has historically provided the security for the County Fair. Commissioner Cardamone stated that the Sheriff's Department could pay for the service; that the suggestion is positively intended; and asked the cost to City residents for the Sheriff's Department? City Manager Sollenberger stated that the cost is between $3 to $4 million or the equivalent of approximately 1 mill in taxes. Commissioner Cardamone stated that little service is provided City residents by the Sheriff's Department; that an opportunity is presented to balance the cost; that the Sheriff's Department is capable of providing the service required. Senator Johnson stated that knowledge of elimination of the funds from the City budget occurred just recently; that the police officers providing the service are well trained, have been at the County Fair every year, and are probably known by gang members; that a set of rules for entry to the County Fair was adopted in 1998 to minimize problems; that the Sheriff's Department is not prepared; that excellent City police officers have been providing the service. Commissioner Cardamone stated that the City has an excellent Police Department. Senator Johnson stated that the City realizes a return; that the fair grounds are available for State and local meetings; that the Fair Association is a quasi-governmental entity existing under State law; that a service is provided; that funds are not kept in the bank or squandered. Commissioner Pillot stated that City police officers must respond to calls for service as the fair grounds are in the City. John Lewis, Chief of Police, Sarasota Police Department, came before the Commission and stated that the City Police Department would respond to calls for service. Commissioner Pillot stated that the County Fair is nine days long over many hours, with considerable activity, and attracting many people; that calls for service will inevitably result; that the City has an inherent responsibility to respond; that the presence of police officers at the fair grounds reduces the calls for service; that a cost to the City exists; that responses to calls for service take police officers off the street during the period of response. Chief Lewis stated that is correct. Commissioner Pillot stated that on-duty police officers are taken away from the zone of police coverage when responding to calls for service, creating a potential public safety concern elsewhere; that apologies are offered for adopting a City budget without the funds for County Fair security; that the request is reasonable. On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to amend the City's budget to provide security during the County Fair. Commissioner Hogle stated that the issue of providing security for the fair and other entities for events such as the Fourth of July race, events sponsored by the Downtown Association, the Medieval Fair, and parades in the City has been a concern of the Police Department for some time; that a joint funding vehicle has not previously been provided; that the Administration should review the issue of security with Sarasota County to determine if a joint funding mechanism can be developed sO the City is not always responsible for the funding. Commissioner Cardamone agreed. Vice Mayor Merrill stated that the motion will be supported; that eliminating the funds from the City's budget was not previously known; that another personal interest is planting trees along Fruitville Road; that the City is willing to pay for the trees; and asked the status of planting trees along Fruitville Road. Mr. Hauser stated that planting the trees has been approved by the Fair Association Board; that the only delay is obtaining treated effluent for irrigation. BOOK 45 Page 18024 2/16/99 6:00 P.M. BOOK 45 Page 18025 2/16/99 6:00 P.M. Senator Johnson stated that the Fair Association Board is very interested in the trees. Vice Mayor Merrill stated that the Administration will assure time completion of the irrigation lines. Senator Johnson stated that the Fair Association is created by statute; that the fair grounds are available for use by all local government entities such as Sarasota County, the School Board of Sarasota County, and the City; that over 30 groups use the fair grounds annually with no charge. Mr. Hauser stated that approximately 15 City Police Department events are hosted annually such as training of the K-9 corps which has complete access to the fair grounds. Chief Lewis stated that the County Fair costs the City approximately $20,000 in police officer salaries; that police officers from the traffic and the Sarasota Area Robbery and Burglary Enforcement (SABRE) units have been utilized in the past to staff the County Fair; therefore, police officers are taken off the street; that service is taken away from the neighborhoods; that the issue of providing services was reviewed approximately 1.5 years ago; however, no action was taken due to the short notice which would have been provided the Fair Association; that for comparison, the County Fair cost the City $20,000 for nine days service and the Medieval Fair paid the City $16,000 for four days service; that representatives of the City Police Department contacted the Fair Association shortly after the 1998 County Fair to advise police officers would not be taken off normal duties to provide security at the County Fair in the future; that as much advance notice as possible was provided; that an increasing number of requests for service are being received from the community; that the facilities provided by the Fair Association to the City are excellent but can also be found elsewhere at no cost; that some available options are: 1) add funds to the overtime budget sO police officers are not taken off the street, 2) allow the Sheriff's Department to provide the service, and 3) have the Fair Association pay for the service; that other options may be available. Commissioner Cardamone stated that the problem should be resolved in the future; that additionally, the Commission is not pleased with the constant car sales at the fair grounds; that the General Manager of the Fair Association participated enthusiastically in the February 16, 1999, Year 2000 Committee meeting, has wonderful ideas and was very helpful; that a resolution to the Fair Association's request for police service is not known; and asked the increased cost if service is provided on an overtime basis? Chief Lewis stated that the overtime cost will increase 15 to 20 percent. Commissioner Cardamone stated that the Fair Association should make some contribution toward the cost. Senator Johnson stated that the County Fair is the only event for which the Fair Association does not pay for police service; that an hourly rate is paid for all other events. Mr. Hauser stated that off-duty police ofiicers are employed for all other events. Commissioner Pillot asked the rate of pay for an off-duty police officer voluntarily accepting an assignment. Chief Lewis stated that an established hourly rate is paid; that for example, the Medieval Fair pays off-duty police officers; that an option is for the Fair Association to pay half or some of the cost of the required police officers as off-duty pay which will reduce the requirement for police officers paid by the City; that the Fair Association has been very good to the City; that the decision to approach the Fair Association in 1998 was difficult. Commissioner Pillot stated that responsibility must be left to the Police Department to deploy services to minimize the cost and maximize the safety of and service to the County Fair; that many problems at the County Fair can be prevented by the presence of police officers; that the majority of attendees of the County Fair are not City residents; however, the City is responsible for providing for the safety and comfort of City visitors; therefore, the motion should be supported. Mayor Dupree agreed; and stated that the possibility of the County's participating in the cost should be explored. Senator Johnson stated that the City, the County and the Fair Association can meet to discuss options and develop a future plan. Commissioner Cardamone stated that the Commission voluntarily funded additional police officers for traffic control; that the loss of police officers for nine days for the County Fair is not pleasing; that the police officers should be doing the job for which hired rather than monitoring the County Fair; that neighborhood residents complain about the lack of traffic control; that assignment of police officers hired for the purpose of traffic control to duties other than traific control was not previously known; that police officer deployment is the responsibility of management; however, the Commission voluntarily decided to fund additional police officers for traffic control; BOOK 45 Page 18026 2/16/99 6:00 P.M. BOOK 45 Page 18027 2/16/99 6:00 P.M. that the motion will be supported; however, changes should occur prior to the County Fair in the year 2000. Mayor Dupree stated that efforts should begin immediately. Commissioner Hogle stated that other special events also require diverting police officers from normal duties; that a long-term solution for sharing costs should be developed; that one option is to charge one-third of the cost to the City, one-third to the County and one-third to the sponsoring organization so police officers are not taken away from normal duties. Commissioner Pillot stated that volunteer off-duty police ofiicers can be used sO no police officers are diverted from neighborhood safety or other activities. Chief Lewis stated that traditionally on-duty police officers have been provided the County Fair whereas off-duty police officers are provided the Medieval Fair which does not impact staffing levels and which is the reason the County Fair was requested to consider cost sharing. Commissioner Cardamone asked the response to the request for cost sharing. Mr. Hauser stated that some costs are currently assumed; that City police officers are only utilized during open hours; that off-duty police officers are paid for overnight duty; that many problems are stopped before beginning. Senator Johnson stated that eight to ten Fair Association Board members are always present in direct communication with the police during open hours of the County Fair; that police officers respond within 30 seconds of a call for service; that trained auxiliary staff to perform the service without detracting from the Police Department may be necessary; that a resolution can be developed with the cooperation of the City Police Department and the Sheriff's Department; that trained, qualified people who recognize problem situations are desired. Deputy City Auditor and Clerk McGowan restated the motion as to amend the City's budget to provide police service to the County Fair. Mayor Dupree called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yesi Merrill, yes; Pillot, yes; Dupree, yes. 15. SCHEDULED PRESENTATION RE: REQUEST FROM MR. ROBERT JACKSON FOR THE CITY OF SARASOTA TO REPAIR DAMAGED DRAIN RESULTING FROM THE CITY POSTING A SIGN ON MR. JACKSON'S PROPERTY = REFERRED TO THE ADMINISTRATION. (AGENDA ITEM V-2) #2 (3165) through #3 (0520) Robert Jackson, 41-year resident of the City and property owner of 2550 Dr. Martin Luther King (MLK), Jr. Way (34234), and John Rivers came before the Commission. Mr. Jackson distributed for Commission viewing photographs of personal property; and stated that appreciation is expressed for being allowed to make a brief presentation; that personal efforts have been directed at improving the community by providing better housing; that two to three houses per year have been built from personal funds; that some overwhelming challenges have been presented in the Newtown area over the last several years, including the drug problem and code enforcement; that the forces have come together creating significant difficulties; that Photograph #1 is his residence at 2550 Dr. MLK, Jr., Way which is in the county; that in November 1998, the City forced demolition of some personally-owned houses; that certified letters were received; that signs were posted on the property; that most disturbing was the ordering of a code enforcement inspector to post a sign on the property; that the lots are very narrow and without central water and sewage; therefore, the drainage field is on the front of the property; that one code enforcement inspector would not post the sign, indicating enough harassment had occurred; therefore, two other code enforcement inspectors came out and pounded the sign in the drainage field, causing a sanitation problem; that first, the property is out of the City's jurisdiction; that second, a certified letter had already been sent; that third, signs had already been posted on the property at 2330 26th Avenue; that an expensive problem was created; that Photograph #2 is of a personally owned lot; that a citation is issued if the grass gets more than 12 inches high; that a repeat offense is issued the second time; that as recently as New Years Eve, a $4,500 repeat offense citation was issued; that considerable personal effort is put forth to try to improve the community; that sometimes the code entorcement inspector has been sO rude the Special Master took the comments off the record; that the grass in photograph #2 is less than 12 inches high; that the weeds on City property reach 5 feet high, which is not keeping Sarasota beautiful; that the Administration indicated the City has no scheduled cutting; that the Ringling Towers property is full of debris; that the grass is 5 feet high; that a citation has probably never been issued, which is discrimination; that the harassment must stop as good things are being done for the community; that personal vendettas should not occur; that the City's actions have cost a lot of moneyi that discrimination can be proven; that any ruling or action concerning code enforcement should be stopped until the situation is resolved; that the City's actions should stop unless a health or life hazard is involved; that the City, the National Association for the Advancement of Colored People (NAACP) or some other committee should review what has happened; that the cost has reached over $10,000; that the bill is still running at 12 percent, which does BOOK 45 Page 18028 2/16/99 6:00 P.M. BOOK 45 Page 18029 2/16/99 6:00 P.M. not make sense; that 50, 60, 70 more photographs are available to demonstrate the discrepancies; that Staff advised the City Attorney's Office must be contacted concerning the damage caused by the posted sign; that the juvenile behavior makes no sense; that more personal efforts have been directed at improving the City than can be imagined. City Manager Sollenberger stated that hearing from the Director of Building, Zoning and Code Enforcement is appropriate. Vice Mayor Merrill stated that the issue can be referred to the Administration for a response. City Manager Sollenberger stated that historically, the Administration has addressed issues immediately after an accusation has been made which is being offered; that a written report can be provided, if preferred; that more is involved than was just presented. Vice Mayor Merrill stated that a long debate is not desired; that City Staff is known and trusted; that viewing the property would be required to form a judgment between the differing opinions on the same issue. City Manager Sollenberger stated that a brief oral report can be provided; that a more extensive written report will also be provided as a lengthy file exists. Vice Mayor Merrill stated that Staff should have adequate time to provide input. Mr. Rivers stated that City Staff is expected to treat everyone fairly; that no one owner or resident should be treated differently than others; that no accusation is being made; that agreement is expressed with some of the comments concerning discrimination. Mayor Dupree stated that the request to treat everyone fairly is reasonable. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and distributed pictures of code violations on Mr. Jackson's property; and stated that the City has a policy of posting property to achieve service as provided by State law; that Staff respectively disagrees that any damage was caused to any of Mr. Jackson's properties by pushing tomato stakes into the ground; that the procedure to file any claims against the City with the City Attorney's Office was explained; that the specific legal procedure is the method to handle the issue. Commissioner Cardamone asked if the legal procedure has been followed. Mr. Litchet stated no; that the opportunity to talk about the code enforcement program is always welcomed; that in August 1998, a report was prepared revealing that Mr. Jackson owns over 50 parcels in the City and the County according to the Sarasota County Property Appraiser's records; that Mr. Jackson has testified under oath that a full time job keeps him out of town frequently and that he has no property manager to help him with the properties; that violations have been found and fines imposed by all three of the City's Special Masters and also by the County's Special Masters and the County's previous Code Enforcement Board; that the cases have been tried by numerous prosecutors; that more than one individual has found violations concerning the Jackson properties over the years; that violations have been found in numerous forums; that liens go back as far as 1992, with fines as high as $4,300 recorded in the public records; that the cases involve everything from junk trash and rubbish to demolition cases; that the majority of the cases have been brought in response to complaints from the task forces including the Newtown Community Task Force, neighborhood associations and the tenants who reside in the residences; that the photographs reflect the types of conditions at the Jackson properties; that the types of conditions should be pursued by code enforcement to eliminate the problems from City neighborhoods; that if not, the Commission should sO advise and the department goals and mission will be reevaluated; that if SO, the Commission should support the code enforcement efforts with the direction to carry out the mission in a fair and equal manner towards all properties in the City; that a complete and detailed written report will be provided; that Mr. Jackson has been treated with respect; however, the City believes the properties are not well maintained. Mayor Dupree stated that Mr. Jackson has appeared before the Commission a number of times; that each time the issue was not unfair treatment but rather that other properties are as bad but are cited on such a regular basis; that one piece of property on the corner of Central Avenue and 19th Street is constantly littered by drug dealers; that the difficulty is accepting that the owner must bear the expense of cleaning up no matter the cost Mr. Litchet stated that the Special Master listens to the different conditions which affect a property; that Special Masters generally take the position a property manager may be required if an area requires additional attention; that all landlords are encourage to hire property managers, if necessary; that landlords are also informed of the police trespass program and encouraged to participate; that Mr. Jackson has been offered the landlord training program which is very beneficial and has generated positive responses; that property ownership requires the owner take a role in management of the property; that the BOOK 45 Page 18030 2/16/99 6:00 P.M. BOOK 45 Page 18031 2/16/99 6:00 P.M. City, landlords and tenants must work together; that the Special Masters take circumstances into consideration and have reduced fines in certain instances. Vice Mayor Merrill stated that Staff requested guidance from the Commission; that the Commission is not criticizing; that some defensiveness was sensed; that personal support is offered; that typically the Commission supports Staff's position; that code enforcement staff treats people fairly; that code enforcement should be tough on all properties; that individual Commissioners have indicated code enforcement should be as strong as the law will allow, which has always been the Commission's position; that some broad statements have been made; that none of the photographs presented by Mr. Jackson are personally convincing as to Staff's unfairness; that Staff should obtain Mr. Jackson's photographs to determine what is being done on the other properties; that the efforts of code enforcement are strongly supported. Mr. Litchet stated that the comments are appreciated. Commissioner Pillot stated that the concern about properties being trashed by persons other than under the direct responsibility of the property owners is important and has come up before the Commission many times; however, code enforcement is not responsible for determining who performed the action; that code enforcement is responsible for enforcing the City's codes and for enforcing building permits and the provisions thereof; that in the almost ten years at the Commission table, Mr. Litchet has not deviated from total fairness, total professionalism, total ethical behavior and total competence; that the actions are totally supported. Commissioner Hogle agreed; and stated that recently, pictures were seen of Tampa's Mayor crushing a couple of houses with a front end loader; that similar action would cause no concern. Commissioner Cardamone stated that the audience has not had the opportunity to see the pictures of the code enforcement violations, which are horrible examples of the reason the City invests sO much money into code enforcement; that the City is anxious to provide safe, clean, attractive neighborhoods; that none of the homes in the pictures would be desired nearby; that comparing a home and a yard to an unmowed City lot which is uninhabited is not valid; that palm fronds and debris on the John Ringling Towers property does not compare to renting property to somebody to occupy; that another crew of code enforcement staff would be employed if funds were available; that 50 properties which look like the properties in the pictures is not acceptable. Commissioner Pillot stated that Staff should continue the efforts. Mayor Dupree agreed; and stated that the properties in the pictures are not acceptable; that other properties owned by Mr. Jackson may be in better condition. Commissioner Cardamone stated that the intent was not to imply all the properties are as represented in the pictures. Mayor Dupree stated that properties such as depicted must be cleaned upi that all the properties are not in the same condition. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to refer the matter brought to the Commission by Mr. Jackson to the Administration. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yesi Merrill, yes; Pillot, yes; Dupree, yes. 16. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) #3 (0520) through (0665) The following people came before the Commission: Mary Quillin, 2304 Ringling Boulevard, #213 (34237), stated that newspaper articles concerning the Bickel House and the Leonard Reid House have raised concerns; that too many of the City's historical houses have not been saved; that people are concerned about the reasons for the loss of historical houses; that the Bidwell-Wood house on Florida Avenue was moved three to three four different times; that the Crocker Church was also moved to Florida Avenue; that three homes from Sunset Drive were moved to Rosemary Court when the condominiums were built; that the cost is tremendous; that the property owners at the John Ringling Towers property will incur the cost of moving the Bickel house; however, the cost is tremendous expense for any non-profit organization; that the Sarasota Alliance for Historic Preservation or another non-profit organization may wish to use either of the two structures; that at one time, the possibility of using City-owned property as potential sites was being investigated; that a house which was moved to the Whitaker property, the location of the Whitaker family cemetery, is maintained by the Daughters of the American Revolution (DAR) in the Pioneer Park area; that the Administration could be requested to review possible sites at City-owned parks to provide a footprint which could serve as an incentive to assure the two homes which are part of the City's history are not destroyed; that the John Gillespie House was lost as funds were not available to save the property; that the engineering report of the Bickel House has not been seen; that moving the structure is probably a concern; that moving the two homes will result in loss of some of the historic significance of the two structures; however, saving the two homes is important for preserving the City's history. BOOK 45 Page 18032 2/16/99 6:00 P.M. BOOK 45 Page 18033 2/16/99 6:00 P.M. 17. UNFINISHED BUSINESS: ADOPTION RE: LINKS PLAZA PARK CONCEPT PLAN - APPROVED THE CONCEPT PLAN AND THE INTERACTIVE WATER FEATURE WITH PRIORITY GIVEN TO THE EARLIER FOUNTAIN DESIGN (AGENDA ITEM VII-1) #3 (0665) through (1592) Duane Mountain, Deputy Director of Public Works, and Phil Smith, ASLE, David W. Johnston Associates, Inc., came before the Commission. Mr. Mountain displayed on the overhead projector a copy of the Links Plaza park concept plan dated January 27, 1999; and stated that the Commission previously reviewed and approved a preliminary Links Plaza park concept plan; that the January 27, 1999, concept plan is an evolution of the original concept plan; that the anticipated use of the park is not changed; that a central main fountain area still exists on the west side of Links Plaza park; that the sculpture of the golfer is still located towards the center of the park; that the opportunity for interaction between the sculpture of the golfer and the fountain is still available; and referred to his memorandum to the Commission dated February 9, 1999, indicating the costs of the Eountain as follows: Purchase and Installation $40,000 Jumping Jet Feature 30,000 Mr. Mountain stated that the maintenance is estimated at $250 per month which is similar to the maintenance costs for other City fountains. Commissioner Cardamone asked the number of people who can be seated around the fountain. Mr. Smith referred to the Links Plaza park concept plan indicating two seating areas close to the fountain and three additional seating areas about ten feet Eurther away from the fountain; and stated that seating for approximately 40 people is provided in the immediate proximity of the fountain; that one long, serpentine seating area accommodating 12 to 14 people is also provided, allowing a view of the fountain and the sidewalk areas on Main Street. Vice Mayor Merrill asked if the seating has backs? Mr. Smith stated yes; that arms are also provided. Commissioner Cardamone stated that more seating than for 40 people was expected; referred to the Links Plaza park concept plan indicating the name of the Eountain as the Jazz in the Park Fountain; and asked if jazz performances are anticipated? Mr. Smith stated that the space is provided for a very small event, in which case the fountain would be turned off and used as a stage; that the area of the sculpture of the golfer has a seating wall about 18 inches high; that temporary additional seating could be provided. City Manager Sollenberger stated that the key issue is the Commission's decision concerning interaction between the sculpture of the golfer and the fountain; that the cost is approximately $30,000, which has been factored into the budget. Commissioner Pillot asked if the developer is willing to share his opinion. Dr. Mark Kauffman, developer of the Links Plaza office building, came before the Commission and stated that the Administration proposed a pocket park, requested the use of funds contributed to the public art fund as a condition of development of the Hollywood 20 movie theaters, and proposed a land swap with his personal property to enlarge the pocket park; that the proposal developed from that point; that the Administration gave the charge of naming the park; that the site was the ninth green of the first golf course in the United States which is the historical significance of the property and which is the reason for the name of Links Avenue; that the name of Golf Street is another reflection of the connection with golfing; that the Horizon Building was the site of the first golf shack; that Links Plaza is a good name reflecting the historical significance; that a Jack Dowd sculpture of a golfer was available and was purchased for the park; that David W. Johnson, Inc., landscape architects, was charged with designing the park with the concept of emphasizing the historical significance of golf; that the design is beautiful; that City Staff indicated a review by the Public Art Committee would be wise; that the proposal was presented to the Public Art Committee which was understandably concerned with being presented with a final design; that the Committee felt the fountain designed by the City was not artistic and should not be funded by the public art fund but rather funds designated for parks and recreation; that landscaping is part of arti that the Committee decided to hire an outside expert who appears very talented and who designed a beautiful fountain; that the fountain is different from the original proposal and is more modern and contemporary with six to eight jets shooting to various heights; that the fountain will be very impressive; that de-emphasizing the historical importance of the site is personally disappointing; that increasing the importance of the sculpture of the golfer is liked; that an earlier proposal had the sculpture of the golfer in a more hidden location; that shooting jets from the sculpture of the golfer to the fountain is more appropriate with the earlier fountain design, which was more traditional; BOOK 45 Page 18034 2/16/99 6:00 P.M. BOOK 45 Page 18035 2/16/99 6:00 P.M. that the interaction of the fountain and the sculpture is not critical; that Links Plaza park will be marvelous with or without the interaction; that the interaction would increase the importance of the historical significance. Commissioner Pillot asked if the earlier fountain design is more compatible with the theme? Mr. Smith stated that the earlier fountain design was a fountain bowl with steps; that the proposed fountain design is very contemporary; that an effort has been made to work with the City's various advisory boards and committees. Commissioner Pillot asked if the Commission can approve the earlier fountain design? City Attorney Taylor stated yes. Commissioner Cardamone stated that a fountain which can throw a ball of water was seen at Epcot Center in Disney World; that hundreds of people were watching in amazement; and asked if the City has the ability to replicate a similar ball of shooting water? Mr. Mountain stated yesi that a fountain company based in Venice, Florida, has provided a preliminary estimate and can replicate similar ball of shooting water; that a challenge is presented to the City; that the maintenance costs will not be different from the maintenance costs of other fountains. Commissioner Cardamone stated that the fountain at Epcot Center was fascinating; that people will come just to see the water feature; and asked if one ball of water would be projected at a time. Mr. Mountain stated that the ball of water can be handled in several ways; that one ball of water at intermittent times was envisioned; that the ball of water can be actuated by someone walking by, stepping on a stone, a motion sensor, or timing. Commissioner Cardamone referred to the Links Plaza park concept plan which does not indicate any plaques honoring the founding of golf in the United States; and stated that support will be offered to creating the most prominent memorial park dedicated to the founding of golf in the United States, the importance of which should not be diminished; that the opportunity to create such a memorial park is now presented; that the Public Art Committee generally develops new concepts for referred proposals which cause concern; that changing the idea of memorializing the founding of golf in the United States is not pleasing; that reviewing the earlier proposal would have been desired for comparison; and asked if the earlier proposal had seating for approximately 40 people. Mr. Smith stated that the seating is approximately the same; that plaques will be incorporated in the park with either fountain design. Commissioner Pillot asked if the location of the various park features are different in the earlier proposal? Mr. Mountain stated no. Vice Mayor Merrill stated that the Commission is approving a concept plan rather than a specific fountain; that the Commission has not seen a design of the proposed fountain; that the golfing association should be contacted concerning the plaque; that many people have indicated the game of golf started in the City; however, authenticating authority is not known; that research should be conducted by an appropriate golfing organization. Commissioners Cardamone and Pillot agreed. Vice Mayor Merrill stated that approving the fountain without having seen a rendering of the fountain cannot be supported; that a picture of the Eountain is desired. Mr. Mountain stated that a model of the fountain and renderings are available; that the Commission will be presented with a construction agreement in Agenda Item VII-2, which is the reason for presenting the concept plan at this time. Vice Mayor Merrill asked if the Links Plaza park concept plan can be approved without specific approval of the fountain. Mr. Mountain stated yes; that approval of the fountain can be presented at the March 1, 1999, regular Commission meeting. Commissioner Pillot referred to the Agenda Request and stated that the Administration's recommendation is a: Motion to approve the concept plan with the Commission's making a decision on the interactive feature of the fountain. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve the Links Plaza park concept plan and to approve the interactive water feature with priority given to the earlier Eountain design. City Manager Sollenberger stated that the Commission's decision concerning the interactive water feature is desired; that the concept plan can be approved; that Commission decision concerning the fountain can be scheduled for the March 1, 1999, regular Commission meeting. BOOK 45 Page 18036 2/16/99 6:00 P.M. BOOK 45 Page 18037 2/16/99 6:00 P.M. Commissioner Pillot stated that the only deviation in the motion from the Administration's recommendation is to give priority to the earlier fountain design; that renderings of both fountains should be presented to the Commission; that the earlier fountain design was apparently more amenable to the golfing theme. Vice Mayor Merrill stated that reviewing both fountain designs is desired. Commissioner Cardamone asked why the models and renderings were not presented? Mr. Mountain stated that the model is a study model and is not a good presentation device for the Commission; that the model will be placed in the Commission's office for viewing; that both fountain designs including elevations will be presented at the March 1, 1999, regular Commission meeting; that the costs of the fountains are comparable; that the details can be developed; that construction of the park will not be delayed. Commissioner Pillot asked if reaching a decision concerning the fountain at the March 15, 1999, regular Commission meeting would cause a problem? Dr. Kauffman stated no; that demolition will commence on March 1, 1999; that construction will begin on April 1, 1999. Commissioner Pillot stated that he will be out of the State for the March 1, 1999, regular Commission meeting; and asked if a decision can be made at the March 15, 1999, regular Commission meeting. City Auditor and Clerk Robinson stated that another Commissioner will absent for the March 15, 1999, regular Commission meeting Commissioner Cardamone stated that scheduling a decision for the March 15, 1999, regular Commission meeting during her absence is acceptable; that the model will be seen in advance; that her view will be made known. City Auditor and Clerk Robinson restated the motion as to approve the Links Plaza park concept plan and to approve the interactive water feature with priority given to the earlier fountain design. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 18. UNFINISHED BUSINESS: ADOPTION RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE A PARK CONSTRUCTION AGREEMENT BETWEEN THE CITY OF SARASOTA AND MARK KAUFFMAN AND IRENE KAUFFMAN AND RGM PARTNERS, TO ALLOW THE KAUFFMAN': S CONTRACTOR TO CONSTRUCT THE CITY'S LINKS PLAZA PARK LOCATED NORTH OF RINGLING BOULEVARD, WEST OF THE RINGLING SPUR, EAST OF LINKS AVENUE, AND SOUTH OF MAIN STREET - APPROVED (AGENDA ITEM VII-2) #3 (1592) through (1650) City Manager Sollenberger stated that on August 3, 1998, the City and Dr. Mark Kauffman, Irene Kauffman and RGM Partners entered into an agreement to develop the property known as Links Plaza; that the agreement requires the City to construct the Links Plaza park; that hiring one contractor is recommended to perform the work to assure minimal delay and expense as the construction of the Links Plaza office building and park will occur simultaneously in a small, congested area. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to authorize the Mayor to execute and the City Auditor and Clerk to attest signing of the Links Plaza Park Construction Agreement. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yesi Dupree, yes. 19. UNFINISHED BUSINESS: DISCUSSION RE: HUDSON BAYOU DREDGING PROJECT - AUTHORIZED ADDITIONAL STUDY ON A REVISED PIER DESIGN AND, IF NECESSARY, RESUBMIT FOR A VARIANCE (AGENDA ITEM VII-3) #3 (1650) through (1819) On motion of Vice Mayor Merrill and second of Commissioner Hogle, it was moved to authorize the Engineering Department to work on a revised pier design satisfactory to Central Park condominium owners and, if necessary, resubmit for a variance. Commissioner Cardamone stated that suggestions have been heard that the pier, which is a fishing pier, might be better placed than as currently recommended; that the Commission is unaware of the exact location and the distance extended into the Hudson Bayou; that an indication as to the exact location would be appreciated prior to further discussion. Alexandrea Hay, Assistant City Engineer, came before the Commission, displayed on the overhead projector an aerial view of the area of the Hudson Bayou near the outlet at the Osprey Avenue Bridge which is close to the Central Park condominiums; that the dock or fishing pier as originally proposed was located between a growth of mangroves and a rock ledge; that extending the dock or fishing pier into the 50 percent center portion of the Hudson Bayou was required to obtain access to water with some depth; therefore, approval is required by the Board of Adjustment; that the possibility of moving the dock or fishing pier closer to the BOOK 45 Page 18038 2/16/99 6:00 P.M. BOOK 45 Page 18039 2/16/99 6:00 P.M. outlet is being explored; that obtaining the water depth may be possible without extending into the 50 percent center portion. Commissioner Cardamone asked for clarification of the approval request. Ms. Hay stated that approval of additional studies is requested sO soil borings can be conducted and the site better evaluated. Commissioner Cardamone stated that not extending the dock or fishing pier as far as the 50 percent center portion is preferable; therefore, the motion is supported. Mayor Dupree called for a vote on the motion to authorize the Engineering Department to work on a revised pier design satisfactory to Central Park condominium owners and, if necessary, resubmit for a variance. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 20. UNFINISHED BUSINESS: DISCUSSION RE: PROPOSED LEASEHOLD AGREEMENT WITH WEST END BAR & GRILL LOCATED AT THE NORTHERN PORTION OF THE CITY-OWNED LEMON AVENUE MALL = REFERRED THE LEASE NEGOTIATIONS TO THE ADMINISTRATION WITH THE EXPECTATION THAT COORDINATED LEASES WITH THE WEST END BAR & GRILL AND CAFE KALDI WILL BE BROUGHT BACK AS SOON AS POSSIBLE (AGENDA ITEM VII-4) #3 (1819) through (3832) City Manager Sollenberger stated that a proposed lease has been negotiated by Staff with the owners of the West End Bar & Grill, located at Lemon Avenue and First Street, who are interested in a lease on the northern portion of the City-owned Lemon Avenue Mall; that the minimum term proposed exceeds the 1- or 2-year lease desired by the Çommission; that the West End Bar & Grill is requesting a lease for an initial 5-year term with one 5-year option for a total of 10 years; that the concerns are the length of the proposed lease and compatibility with the City's vision for downtown; that private parties enter into long-term leases primarily for the financial return; that public entities enter into long-term leases not only for financial reasons but also to assure compatibility with the intended public purpose. City Manager Sollenberger continued that the option for extension of the lease for another 5 years to the year 2014 can be exercised by the tenant subject only to substantial compliance with the terms and conditions of the lease; that a concern is the tenant could be in substantial compliance with the lease but incompatible with the City's vision of revitalization for the Downtown; that the City does not wish to repeat the problems experienced with the former Main Street Depot lease by offering a 10-year lease; that the proposed lease is not supported; that a 1- or 2-year lease as originally proposed by the Commission would be supported; that a 5-year lease with capital improvements as outlined and with the renewal based on mutual agreement may be supported; that the City should be protected from financial obligations if the City desires not to renew; that an incentive should be provided for the tenant to operate in a manner compatible with the City's goals and vision for the future; that the Administration recommends referring the lease back with guidance as to preferred lease length, i.e., a 1- or 2-year lease or a 5-year lease, renewable only on mutual agreement with no further financial obligation to the City; that the Commission's guidance is requested; that a discussion was held today with the prospective tenant's attorney, who is signed up to speak. Charles D. Bailey, law firm of Williams, Parker, Harrison, Dietz & Getzen, 200 South Orange Avenue, (34236) and Thomas Roosa, 614 Avenida De Mayo (34242), came before the Commission. Attorney Bailey stated that Mr. Roosa and his brother Steve own the West End Bar & Grill; that their mother Mary Roosa, a personal work colleague, is the bookkeeper and is in the audience; that negotiations have taken place with the Director of Neighborhoods and Redevelopment over the past four months; that personal involvement came late in the negotiations after the Request For Proposals (RFP) process was completed in June 1998 and the West End Bar & Grill was selected to lease the northern portion of the Lemon Avenue Mall; that two provisions of the RFP pertinent to the discussion are: 1) the primary portion of the Lemon Avenue Mall offered for lease was the southern portion and 2) the possibility also existed for a lease of the northern portion; that the RFP also stated the City contemplated a minimum 5-year lease with an additional 5-year renewal option upon mutual agreement of the City and lease holder; that in September 1998, the Commission decided to separate the two areas with Café Kaldi assuming responsibility for the southern portion and the West End Bar & Grill for the northern portion of the Lemon Avenue Mall; that a key issue is cooperation between the two business, which is essential in terms of concepts and compatibility even though the leases will be separatei; that the efforts of the City Attorney's Office in preparing the lease agreement is appreciated; that initially a 1- to 2-year lease was requested; that recouping the substantial capital improvements expected of the client would not be possible with a 1- or 2-year lease term. Attorney Bailey stated that concern over the West End Bar & Grill's customer base being large enough to financially support the proposed capital improvements was expressed by former Vice Mayor Patterson and Commissioner Cardamone at the September 21, 1998, regular Commission meeting; and cited a memorandum dated November 28, 1998, from the Director of the Neighborhoods and BOOK 45 Page 18040 2/16/99 6:00 P.M. BOOK 45 Page 18041 2/16/99 6:00 P.M. Redevelopment Department to Michael Connolly, City Attorney's Office, as follows: I have sought to arrive at a "win-win" position to satisfy both views [i.e., the Commission and the West End Bar & Grill] as much as possible . Attorney Bailey stated that a discussion with V. Peter Schneider, Deputy City Manager, Thomas Roosa and himself resulted in the lease proposal for a 5-year term which was circulated to Staff; that something happened at that point; that support of the City Staff and the Commission would be necessary to approve the lease; that apparently a breakdown in communication concerning the direction of the lease took place as a considerable amount of effort was expended during the next two months in preparation of the lease; that the legal fees do not nearly approximate the $20,000 cited in a February 16, 1999, article in the Sarasota Herald-Tribune entitled "Restaurant's lease agreement in jeopardy"; that the City Attorney's Office also expended much effort in preparation of the Lease and Concession Agreement; that the Director of Neighborhoods and Redevelopment, though not present, indicated the 5-year term lease was acceptable; that returning to the direction given in September 1998 is a disappointment; that due to a three-day business trip, knowledge of the short-term lease proposed by Staff was not known; that upon return, a message indicated the City Manager would not support the proposed 5-year lease agreement; and cited from the minutes of the September 21, 1998, regular Commission meeting as follows: Commissioner Cardamone stated that . that unfortunately, the operation of the West End Grill is unknown; that more information concerning the proposal by the West End Grill is necessary; that the ability of the respondents to obtain financing is a concern; that the City should not have to cO- sign for a major expense; that the Lemon Avenue Mall is City property; that the requirement for the City to co-sign a loan is unknown. Vice Mayor Patterson stated that co-signing for any loan will not be supported Attorney Bailey stated that the Lease and Concession Agreement was prepared with a requirement for a letter of credit in response to the Commission's concern regarding the financial sustainability of the West End Bar & Grill and to protect the Cityi and referred to Section 36 of the Lease and Concession Agreement as follows: 36. Letter of Credit: TENANT covenants to maintain, during the entire term of this Agreement, and any renewals thereof, a letter of credit drawn in favor of CITY. Attorney Bailey stated that a letter of credit will be posted in the total amount of rent due and the depreciated fair market value of the improvements from time to time during the term of the lease to alleviate the City's concerns of financial risk which cannot be backed by a commercial bank; that a short-term lease will be a problem based on the capital commitment of approximately, $60,000 negotiated; that the West End Bar & Grill may not have been a known entity in September 1998 but has gained more experience and has experienced a 100 percent increase in business subsequent to the first month of operation; that 60 percent of the sales are from food; that the license requires maintaining a balance of 51 percent food and 49 beverage; that the actual revenues are 60 percent food and 40 percent beverage; that the West End Bar & Grill has a staff of 15 with 3 chefs; that an option is available to buy the property which cannot be exercised before 36 months of operation, i.e., in approximately another two years; that an option is available to renew the existing lease for another 5-year term; that the negotiated Lease and Concession Agreement addresses the concerns raised by the Commission; however, some proportionate reduction in the capital contribution will be required enabling the client to recoup the investment if the Commission desires a 1- or 2-year lease term. Commissioner Cardamone stated that the financial arrangements of the West End Bar & Grill was not as much of concern as the style of the operation which was new at the time of the Commission's consideration; that the City had just spent a $170,000 to buy out the Lemon Avenue Depot; that the interest was in recovering the money on behalf of the City's citizens; that the focus was on the southern portion of the Lemon Avenue Mall next to Main Street; that considerable concern existed that a 5-year lease with a 5-year option may result in the necessity to buy out another lease to eliminate the problem just encountered; that the City should lease the Lemon Avenue Mall from Main Street to First Street to two parties who will cooperate and collaborate; that the ideas presented involve a coffee house and a bar, which should work together; that no personal interest exists in pursuing the lease with the West End Bar & Grill until a commitment has been obtained from Café Kaldi; that a considerable investment for capital improvements was not envisioned for a 1- to 2-year lease term; that working another month to reach an agreement with Café Kaldi is agreeable; that more time than one or two years is necessary to recover a $60,000 capital investment, which is understood. Attorney Bailey stated that the tables and chairs alone cost approximately $20,000. Commissioner Cardamone stated that the cost of tables and chairs can be recovered through resale, etc. BOOK 45 Page 18042 2/16/99 6:00 P.M. BOOK 45 Page 18043 2/16/99 6:00 P.M. Attorney Bailey stated that tables and chairs depreciate more than a new car driven off the car lot. Mr. Roosa sated that the recovery is pennies on the dollar. Attorney Bailey stated that a certain amount of the nature of the operation of the West End Bar & Grill was known in September 1998; that the nature of the operation has not changed; that a 5-year lease period is proposed and should be considered if a 1- to 2-year lease period is acceptable; that the lease is relatively stringent; that the City Attorney's Office was aware of the Commission's concerns and did a good job preparing the proposed Lease and Concession Agreement. Mr. Roosa stated that any deviation from the proposed lease gives the City full rights to cancel the lease. Commissioner Pillot stated that the City Manager has acted responsibly in the position taken and is being responsive to the Commission's direction regarding the length of the lease; that exact comments are not recalled; however, a positive position was taken towards the proposals presented by the West End Bar & Grill and Café Kaldi; that a 5-year lease is not a personal concern; that two conditions which have been discussed with the City Manager must exist to support the lease: 1) the financial arrangements between West End Bar & Grill and the City must be satisfactory to the City and fair to the business and 2) provisions are incorporated to assure no problems occur as a result of mismanagement, too much alcohol, etc.; that the concern is to assure the City does not have to buy out another lease at a significant cost; that a 5-year lease can be supported as investments must be amortized; that support will be forthcoming at such time as the Administration indicates the financial arrangements are fair to both parties and the City is protected should unexpected but possible problems arise without a large lease buyout. Vice Mayor Merrill stated that a 5-year lease is not a major concern; that the issue is renewals to extend the lease to 10 or 15 yearsi that the City had approval authority in the previous lease; that the situation is similar to code enforcement efforts which will never make a house look nice; that attractive housing requires concern and effort by the property owners; that the lease with the West End Bar & Grill may be very positive but could also revert to the previous negative situation; that the Commission learned a very expensive lesson in trusting during the previous lease. Mr. Roosa stated that the West End Bar & Grill is on the receiving end of the Commission's lesson. Vice Mayor Merrill stated that is correct; that the City Manager is wise in being cautious; that the impression was the West End Bar & Grill was only interested in placing tables and chairs on the northern portion of the Lemon Avenue Mall and not in a major capital investment; therefore, the impression was a 1- or 2-year lease would be acceptable; that the West End Bar & Grill may have increased the plans for capital investment. Mr. Roosa stated that the plans are to change the fountain and install lighting and a perimeter sO the clientele can be controlled, which is very important. Vice Mayor Merrill stated that the reason for supporting a 1- to 2-year lease was the assumption that the only investment would be tables and chairs; that a presentation concerning the actual plans has not been seen; that the Commission must provide the City Manager considerable unilateral ability or very explicit rights to determine compatibility in the lease; that a 5-year lease can be supported; however, a very strict lease and a lenient buy-out provision which is less than an actual buy-out provision will be required for a longer period; that leases have been personally encouraged which allow the Commission the ability to terminate simply as a better idea is presented; that a 5-year lease is supported; however, the lease must be more stringent if renewal options are provided; that a similar situation to the previous lease should not be allowed to happen. Attorney Bailey stated that the Commission has provided a basis upon which to continue discussions with City Staff. Commissioner Hogle stated that the West End Bar & Grill has been visited for dinner on three occasions; that the food was good; that the band was too loud from a personal perspective; however, the noise level probably meet the requirements of the City Code. Mr. Roosa stated that the noise level is diligently monitored with a decibel meter. Commissioner Hogle stated that a nice crowd was present; however, the project was intended as a joint effort with Café Kaldi; that the status of an agreement with Café Kaldi is not known; that the ability of Café Kaldi to operate successfully on the southern end of the Lemon Avenue Mall is not known; that both proposals for the Lemon Avenue Mall should be presented prior to Commission approval. Mr. Roosa stated that at the September 21, 1998, Commission workshop meeting, representatives of Café Kaldi and the West End Bar & Grill spoke jointly; however, the direction was to act as separate entities. Commissioner Hogle stated that the original concept presented by the West End Bar & Grill for the entire Lemon Avenue Mall was BOOK 45 Page 18044 2/16/99 6:00 P.M. BOOK 45 Page 18045 2/16/99 6:00 P.M. closer to a personal vision. Attorney Bailey stated that the anticipation was in negotiating leases together; however, the negotiations did not proceed in such fashion. Commissioner Cardamone stated that the anticipation was for separate leases. Attorney Bailey stated that is correct; however, the negotiations occurred separately. Commissioner Hogle referred to a February 8, 1999, memorandum from Greg Horwedel, Director of Neighborhoods and Redevelopment, to the Commission as Eollows: Improvements Proposed: . construction of a wall and stage in the northern portion of [the Lemon Avenue] Mall. Commissioner Hogle stated that the Commission has not been presented information concerning the appearance of the proposed wall; that the appearance of walls could vary significantly. Mr. Roosa stated that several different design concepts have been presented; that the wall will likely be planter bases approximately 14 inches high, 14 inches wide, and 30 inches long with a one-foot separation; that shrubs which can be maintained squarely and evenly will be planted between the planters; that the wall will not be severe but will buffer the enclosure from the sidewalk; that the design concept must be approved by City Staff. Mayor Dupree stated that a visual presentation should be provided. Commissioner Cardamone asked the size of the City-owned property. Attorney Bailey stated 5,000 square feet. Commissioner Cardamone stated that the proposed rent amount is $2 per square foot or $10,000 annually, which is one of the best City leases exclusive of the City's $1 per year leases; that amortizing an investment is not required with such cheap rent. Mr. Roosa stated that considerable activity will be brought to downtown. Commissioner Cardamone stated that the activity is desired, which is the purpose of leasing the public property; that an investment in tables and chairs whether for a 2- or 5-year lease will not cause concern; that no business property is available for lease at $2 per square foot in the City; that the City Manager's recommendation will be supported. Paul Thorpe, Executive Director, and Tom Nunan, President, the Downtown Association of Sarasota Downtown Association), 1818 Main Street (34236). Mr. Nunan stated that one 1999 goal of the Downtown Association is to monitor and provide input concerning the use of the Lemon Avenue Mall; that the West End Bar & Grill is applauded for making an effort to upgrade the area; that the understanding was the entire Lemon Avenue Mall, including the northern and southern portions, would be reviewed jointly to assure compatibility although managed by two separate business operators; that a considerable amount of work to develop a recommendation to enhance the area has been involved; that a joint proposal concerning Café Kaldi and the West End Bar & Grill should be presented; and referred to a letter dated February 10, 1999, from the Downtown Association to the Commission indicating the Downtown Association will be holding a charette to consider an overall downtown plan including the Lemon Avenue Mall probably in early May 1999 and cited as follows: We would urge that this discussion [of a possible lease between the City and the West End Bar & Grill] be delayed until after the Downtown Association's planned . . public meeting. Mr. Thorpe stated that the Downtown Association came before the Commission to advocate a change in the former Main Street Depot; that the City purchased the propertyi that the northern portion of the Lemon Avenue Mall has a fountain and is being used as a park and for the Farmers Market on Saturdays; that the former Main Street Depot was closed almost 8 months ago and has been empty since that time; that efforts should be focused on the southern portion of the Lemon Avenue Mall; that the area is difficult to maintain; that the property is sitting idle; that the Downtown Association's main goal is to assure the southern portion of the Lemon Avenue Mall is put back in service as a benefit to the downtown community; that another master plan should be developed and reviewed; that other people from outside the City may be interested in leasing the Lemon Avenue Mall; that new development is occurring at the corner of Lemon Avenue and Main Street with the Ovo Cafe; that Michael's on East will open a location State Street; that Lemon Avenue from Pineapple Avenue to Fruitville Road should become a main gateway for downtown; that the streets in downtown should be realigned; that better sidewalks are required; that better patterns on brick work should be done; that the Lemon Avenue Mall should not be approached piecemeal but should be done correctly. Mr. Nunan stated that many suggestions for Lemon Avenue were developed from the charette held by the Downtown Association BOOK 45 Page 18046 2/16/99 6:00 P.M. BOOK 45 Page 18047 2/16/99 6:00 P.M. approximately 2 years ago. Mr. Thorpe stated that representatives from the Downtown Association assigned to work with the City, Café Kaldi, and the West End Bar & Grill have had no input in the last several months; that none of the plans have been seen. Commissioner Cardamone stated that the Commission made a commitment to Café Kaldi and the West End Bar & Grill; that the opportunity to delay further action until May 1999 is not known; that the Downtown Association should develop suggestions for Lemon Avenue to provide for the enlargement of events; that the Commission should proceed with the commitment to continue work on a lease. Mr. Nunan stated that working with Café Kaldi to develop a lease should continue. Commissioner Cardamone agreed. City Manger Sollenberger stated that the negotiations with Café Kaldi will continue to conclusion; that the expectation is to bring a lease for Commission approval to the March 15, 1999, regular Commission meeting; that the negotiations with Café Kaldi and the West End Bar & Grill can be combined to develop a joint recommendation; that no interest is forthcoming concerning other possible parties to a lease agreement; that the City's commitment to the people who have taken the time and the effort and invested resources to make a proposal is taken seriously; that to do otherwise would be improper and unethical; that the City is seriously attempting to bring the lease negotiations to conclusion; that the Director of Neighborhoods and Redevelopment felt the best lease possible was negotiated but did not have experience with the previous leasee; that the City's additional concerns are the result of the negative experience with the previous leasee; that efforts will be made to conclude the negotiations and bring a package to the Commission for approval. Commissioner Pillot asked if the City Manager has adequate intormation and direction from the Commission? City Manager Sollenberger stated that the Commission is willing to consider a 5-year lease with no obligation on behalf of the City to either to grant an extension option or make financial payment as a buyout; that the negotiations will be coordinated with Café Kaldi; that the leases will be presented together. On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to refer the lease negotiations to the Administration with the expectation that coordinated leases will be brought back at the earliest efficient and effective time. Mayor Dupree asked if the 5-year lease also means that a renewal for more than 5 years will not be considered? City Manger Sollenberger stated that renewal options should be available for negotiation on mutually agreeable terms and conditions with no obligation on the part of the City; that the presented lease placed the City in the position of terminating for cause and also providing monetary compensation which is the same situation as with the previous leasee. Mayor Dupree asked if a buy-out Clause is included in the motion. Commissioner Pillot stated that the motion does not provide specific instruction as to content. Mayor Dupree called for a vote on the motion to refer the lease negotiations to the Administration with the expectation that coordinated leases will be brought back at the earliest efficient and effective time. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 21. BOARD APPOINTMENTS: APPOINTMENT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD = REAPPOINTED PAMELA DORWARTH; APPOINTED SCOTT BOULEY AND ROBERT BRACHLE (AGENDA ITEM IX-1) #4 (0001) through (0125) City Auditor and Clerk Robinson stated that the terms of Pamela Dorwarth and Cindy Hamrick have expired; that Christopher Toelle has resigned; that Ms. Dorwarth is eligible for and has expressed an interest in reappointment; that Ms. Hamrick is not eligible for reappointment. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to reappoint of Pamela Dorwarth. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yesi Merrill, yes; Pillot, yes; Dupree, yes. Commissioner Hogle nominated Scott Bouley for appointment; and stated that Mr. Bouley has lived in the City for 22 years, was with the City Police Department, was injured during a response to a dispute complaint by being kicked in the chest by an assailant resulting in permanent head damage, is on permanent disability, and is married with two young sons. Vice Mayor Merrill nominated Robert Brachle for appointment; and stated that Mr. Brachle has been active in the Arlington Street neighborhood. BOOK 45 Page 18048 2/16/99 6:00 P.M. BOOK 45 Page 18049 2/16/99 6:00 P.M. Commissioner Cardamone asked if Mr. Brachle is a disabled citizen? Vice Mayor Merrill stated yes; that the application indicates Mr. Brachle has been a paraplegic for 46 years. Commissioner Hogle stated that Mr. Brachle is known, worked for Goff Communications, Inc., for 25.5 years, worked on City radios for the Police and Fire Departments for many years, and is a gentleman. Mayor Dupree stated that hearing no other nominations, Scott Bouley and Robert Brachle are appointed to the Citizens with Disabilities Advisory Board. 22. BOARD APPOINTMENTS: APPOINTMENT RE: HISTORIC PRESERVATION BOARD - APPOINTED JASON BENNETT (AGENDA ITEM IX-2) #4 (0125) through (0225) City Auditor and Clerk Robinson stated that two vacancies exist on the Historic Preservation Board due to the resignations of Daniel Delahaye and Michael Walker; that the seat requirements are: a general or specialty contractor holding a current certificate of registration in accordance with Section 11-31 et seq., City Code, or a registered professional engineer in the State and a practicing professional historian or archeologist, or a person who holds a degree in history, art history, or archeology. City Auditor and Clerk Robinson stated that Jason Bennett, a City resident and certified general contractor has applied for appointment; however, considerable difficulty has been encountered in identifying an interested practicing professional historian or archeologist, or a person who holds a degree in history, art history, or archeology; that the seat has been open for a long time; that significant issues will be presented to the Historic Preservation Board in the near future; therefore, appointments to serve are important; that the Commission is requested to advise of any resident with the qualifications and an interest in serving. Commissioner Pillot stated that a non-City resident could be considered. Vice Mayor Merrill stated that changing the qualifications is preferable. Commissioner Cardamone stated that the qualifications are controlled by the State. Mayor Dupree asked how long the position has been vacant and if the position has been advertised? City Auditor and Clerk Robinson stated that the position has been vacant approximately four months; that considerable advertising has taken place. Commissioner Pillot nominated Jason Bennett, a certified general contractor, for appointment. Mayor Dupree stated that hearing no other nominations, Jason Bennett is appointed to the seat for a certified general contractor on the Historic Preservation Board. 23. BOARD APPOINTMENTS: APPOINTMENT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD REAPPOINTED CAROLYN JOHNSON, JO RITA STEVENS AND MARIA PRICE; APPOINTED ROBERT GOREVAN (AGENDA ITEM IX-3) #4 (0225) through (0320) City Auditor and Clerk Robinson stated that terms held by Carolyn Johnson, Jo Rita Stevens and Maria Price have expired and Richard Martin has resigned; that Ms. Johnson, Ms. Stevens and Ms. Price have expressed interest in reappointment. Vice Mayor Merrill nominated Robert Gorevan for appointment; and stated that all the current Board members are from Commission District #2; that geographic distribution is not an overriding issue but should be considered. Mayor Dupree nominated Edwin Robinson for appointment. Commissioner Cardamone stated that during her tenure on the Commission, no City employee has been appointed to a City advisory board. City Auditor and Clerk Robinson stated that the question of City employees serving on City advisory boards was raised; that no prohibition was found. City Attorney Taylor stated that nothing prohibits a City employee from serving on a City advisory board. Commissioner Cardamone stated that some concern exists with a City employee serving on a City advisory board. Commissioner Hogle stated that the nomination of Robert Gorevan is supported. BOOK 45 Page 18050 2/16/99 6:00 P.M. BOOK 45 Page 18051 2/16/99 6:00 P.M. Mayor Dupree called for a vote on the nominations of Robert Gorevan and Edwin Robinson. Robert Gorevan received three votes: Hogle, yes; Merrill, yes; Pillot, yes. Mayor Dupree announced the appointment of Robert Gorevan to the Parks, Recreation and Environmental Protection Advisory Board. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to reappoint Carolyn Johnson, Jo Rita Stevens and Maria Price. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yesi Dupree, yes. 24. BOARD APPOINTMENTS: APPOINTMENT RE: SARASOTA HOUSING AUTHORITY BOARD - NOMINATED VALERIE BUCHAND AND LILLY LANGSTON FOR COMMISSION CONFIRMATION (AGENDA ITEM IX-4) #4 (0320) through (0384) City Auditor and Clerk Robinson stated that the Sarasota Housing Authority (SHA) Board has a vacancy for an SHA tenant; that the Commission agreed the Mayor would place names in nomination and a vote would be scheduled for a subsequent regular Commission meeting, providing an opportunity for interviews by the Commissioners. Mayor Dupree nominated Valerie Buchand and Lilly Langston for Commission confirmation. Commissioner Pillot asked if the nominees will contact the Commissioners? City Auditor and Clerk Robinson stated that the nominees will be advised to contact the Commissioners to schedule interviews. 25. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - DIRECTED THE ADMINISTRAION TO: 1) PREPARE AN ORDINANCE PROHIBITING AIRBOATS AND 2) REMOVE AND RELOCATE THE ARTISTIC IMAGES OF MEMORY PATH AND TO RECOMMEND REPLACEMENT ALTERNATIVES APPOINTED COMMISSIONER CARDAMONE TO SARASOTA COUNTY'S MILLENNIUM COMMISSION (AGENDA ITEM X) #4 (0384) through (0998) COMMISSIONER CARDAMONE: : A. stated that the Town of Longboat Key is having a problem with mullet fishing from airboats in the canals at all E hours; that the City of Sarasota should address the problem immediately; that the City Attorney should be authorized to develop an ordinance forbidding mullet fishing from airboats in the canals of the City within sO many feet of residential areas; that the City has many canals which would be impacted by airboats. Mayor Dupree and Vice Mayor Merrill stated that developing an ordinance is supported. B. stated that discussions concerning Memory Path at Five Points Park are tiring; that Memory Path was approved by a previous Commission and has been fraught with difficulties; that discussions concerning a possible move have occurred with the donor; that the maintenance costs are upsetting; that apparently flaws exist in the materials used; that something should be done; that the Commission is requested to refer the issue to the Administration. Commissioner Pillot that one personal vote of which most proud was a vote against Memory Path; that a published letter to the editor of the Sarasota Herald-Tribune suggested moving Memory Path to a wall where visible to many people; that the suggestion is liked; that constructing such a wall would be a worthwhile expenditure and would be supported; that the wall should be located at a site with considerable public traffic but not detract from the surroundings; that a possible site is in the vicinity of the Municipal Auditorium; that the wall should not be a safety or aesthetic problem; that the issue of Memory Path should be resolved. Vice Mayor Merrill stated that moving Memory Path is not supported; that no one on the present Commission voted for Memory Path; that his vote was against approval; that the Commission voted 3 to 2 for approval; that defending Memory Path is not necessaryi that maintaining a fountain is more expensive than maintaining Memory Path; that funds are not specifically designated for maintaining fountains; that one argument is the fund to maintain Memory Path is almost depleted; however, the City maintains all City fountains with funding provided from the General Fund which is approximately $30 million annually; that people sit and children play on Memory Path; that a question is what would replace Memory Path if moved; that a competing design for better use of the land would be considered but none exists; that one argument is the material is non-indigenous; however, none of the arguments make sense; that Memory Path is expensive to maintain but is not ugly; that his vote against Memory Path was due to cost as something better and more interesting such as a fountain could have been obtained for the approximately $100,000 cost; that the expense was installing the foundation for Memory Path; that spending funds to move Memory Path will not be supported; that Memory Path functions as a bench; that the City has more pressing requirements for funds. Commissioner Pillot stated that good benches could be installed. BOOK 45 Page 18052 2/16/99 6:00 P.M. BOOK 45 Page 18053 2/16/99 6:00 P.M. Vice Mayor Merrill stated that a competing art design to place on the beautiful piece of land the City purchased for $3 million would be favorably considered; that to remove Memory Path due to the annual maintenance cost would not be supported. Commissioner Cardamone stated that the maintenance costs are only one reason to move Memory Path; that the artistic images are no longer discernable. Vice Mayor Merrill stated that the artistic images are impossible to read; however, Memory Path is an interesting object and is something on which to sit. Commissioner Cardamone stated that no further maintenance should be performed; that Memory Path could be used merely as a bench. Commissioner Hogle stated that Memory Path is a good bench; however, the art is no longer visible; that the artistic images could be moved with relatively little cost and replaced with concrete. Commissioner Cardamone stated that the artistic images could be moved to an indoor location for protection. Vice Mayor Merrill stated that the artistic images could be moved; that the surface could be replaced; that the resulting bench would be beautiful. On motion of Vice Mayor Merrill and second of Commissioner Pillot, it was moved to replace and relocate the artistic images to an appropriate location determined by the Administration. Commissioner Pillot stated that backs could be installed. Vice Mayor Merrill stated that children play on Memory Path; that backs would detract from the fun. Commissioner Pillot stated that the seating could be raised to proper sitting height rather than the current approximate 12-inch height. Vice Mayor Merrill stated that adding more benches to Five Points Park would be preferable; that more benches were provided previously; that raising the height would be expensive and may not be supported. Commissioner Pillot asked if the Administration could explore the possibility. Vice Mayor Merrill stated that the Administration should explore all options. Commissioner Pillot stated that the motion could be to remove and relocate the artistic images and for the Administration to recommend alternatives. Vice Mayor Merrill, as maker of the motion, and Commissioner Pillot, as seconder, agreed to change the motion as to remove and relocate the artistic images and for the Administration to recommend alternatives. Mayor Dupree called for a vote on the motion to remove and relocate the artistic images and for the Administration to recommend alternatives. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yesi Pillot, yes; Dupree, yes. VICE MAYOR MERRILL: A. stated that a citizens' group called the Multi- Stakeholder Group (MSG) is considering urban development east of Interstate I-75; that Staff should consider the two opposing ideas concerning development east of the City; that the two ideas are development east of the I-75 either: 1) creates economic growth which benefits the City's waterfront neighborhoods and downtown or 2) provides up-to-date, middle-class housing which will result in the middle class vacating existing City neighborhoods replaced by lower income; that which of the two ideas is correct is not known; that more information about the anticipated results of development east of I-75, which will have a major impact on the City, on the City would be appreciated. MAYOR DUPREE: A. stated that the Sarasota Board of County Commissioners is appointing a Millennium Council and requested the appointment of a City representative; that Commissioner Cardamone is appointed with the affirmation of the Commission. Commissioner Pillot stated that the appointment is a wise choice; that Commissioner Cardamone is highly qualified. Vice Mayor Merrill and Commissioner Hogle stated that the appointment is supported. Commissioner Cardamone stated that representing the City on the County's Millennium Commission is an honor. City Auditor and Clerk Robinson stated that Sarasota County will be advised of the appointment. BOOK 45 Page 18054 2/16/99 6:00 P.M. BOOK 45 Page 18055 2/16/99 6:00 P.M. B. stated that the next meeting of the Economic Development Board (EDB), which is now meeting every other month, will be in March 1999 and will be his last meeting; that the Commission should begin considering a replacement City representative. C. stated that requests have been received for the Commission to reconsider the $500 per day fine for unkept property; that the fine was previously $50 and increased to $500; that most people with unkept property could not pay the $50 per day fine. Commissioner Cardamone asked for clarification of the amount of the fine. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the fine is up to $500 per day for repeat violators; that the determination is made by the Special Master based on the evidence; that the goal of the Special Master process is to remedy the violation; that the fine is intended as a deterrent and an incentive to the violator to remedy the situation; that the fine reaches the maximum level only in the most severe cases, after all other attempts have failed and lesser fines have been imposed. Mayor Dupree stated that one individual indicated the fines on one piece of property had reached $13,000. Commissioner Cardamone stated that the individual did not pay attention to the violation. D. stated that requests have been received to provide toilets in the City parks with roving staffing for maintenance. Vice Mayor Merrill stated that portable toilets are supported; that all the larger parks have some type of toilet facilities; that Whitaker-Gateway Park does not have toilet facilities. Commissioner Hogle stated that portable toilets are provided in Centennial Park. City Manager Sollenberger stated that the Commission approved restroom facilities for Whitaker-Gateway Park; that the Request for Bid (RFP) has already been distributed; that funds for restroom facilities for Dr. Martin Luther King, Jr., Park were provided in the Local Option Sales Tax (L.O.S.T.) extension, also called the penny sales tax; however, the schedule is not known. Mayor Dupree stated that restroom facilities are available in Gillespie Park when the Police Resource Center is open but not at other times. E. thanked Staff of the Office of the City Auditor and Clerk for support. 26. OTHER MATTERS /1 ADMINISTRATIVE OFFICERS EVALUATIONS FOR CHARTER OFFICIALS WILL BE DISTRIBUTED FOR COMMISSIONER COMPLETION, SUBMISSION, AND PRESENTATION AT AN APRIL 5, 1999, WORKSHOP COMMISSION MEETING (AGENDA ITEM XI) #4 (0999) through (1270) CITY MANAGER SOLLENBERGER: A. distributed a letter dated February 4, 1999, from David Twiddy, Jr., P.E., District Secretary for the Florida Department of Transportation (FDOT) with an attached letter dated February 11, 1999, from Theodore Taub, P.A. law firm of Broad and Cassell, representing FDOT; and stated that FDOT has responded to the City's request for a meeting concerning the John Ringling Bridge replacement by indicating no meeting is desired as the matter is in litigation. B. stated that the annual evaluation of the Charter Officials is due; that the same process as used previously is recommended if acceptable to the Commission; that a prepared form is available; that an essay format may also be used; that a workshop could be scheduled on April 5, 1999, to review the evaluations if desired. Commissioner Cardamone stated that the evaluations should not be public record prior to the discussion at the Commission table. City Auditor and Clerk Robinson stated that the evaluations become public record once provided to the City. Commissioner Pillot asked if the evaluations can be written and discussed with each of the Charter Officials prior to submission. City Attorney Taylor stated that the determining factor is the time a document is produced and no longer in preliminary draft form; that a meeting could be held with each Charter Official; that the document could be finalized subsequently. Commissioner Pillot stated that making the document public is not a concern; that a concern is writing an evaluation using non-City time or materials and discussing the evaluation with the Charter Official at one's own home may be a violation of the law. BOOK 45 Page 18056 2/16/99 6:00 P.M. BOOK 45 Page 18057 2/16/99 6:00 P.M. City Attorney Taylor stated that the Florida Supreme Court would probably find a violation as the evaluation was prepared during the ordinary course of doing business as a Commissioner. Commissioner Cardamone stated that evaluations could be submitted on Friday for a Monday meeting and become headlines in the newspaper over the weekend before an opportunity is available to present the evaluations, which is objectionable; that the press did not pick up the evaluations prior to the discussion when submitted in 1998. Commissioner Pillot stated that the Florida Govermment-in-the- Sunshine law is respected; that he was Superintendent of Schools when the law was enacted; that not being able to sit in one's own home with one of the Charter Officials to discuss matters without a violation of the law is a personal intrusion. City Attorney Taylor stated that any meeting is not a violation; however, the written document is a public record. Commissioner Pillot stated that the information which will be written can be orally communicated. City Attorney Taylor stated that is correct. Commissioner Pillot stated that such a process is acceptable. Mayor Dupree stated that hearing the Commission's agreement, evaluations will be distributed for Commissioner completion, submission, and presentation at an April 5, 1999, workshop Commission meeting. DEPUTY CITY MANAGER SCHNEIDER : A. distributed a flyer entitled Welcome Reds Rally" and stated that the Commission is invited to a welcome rally for the Cincinnati Reds from 11:30 a.m. to 1:30 p.m. on February 26, 1999; that the rally is sponsored by the Downtown Association and the City; that the rally resulted in a good turnout last year; that an even better. turnout is expected this year. E 27. ADJOURN (AGENDA ITEM XII) #4 (1271) There being no further business, Mayor Dupree adjourned the regular meeting of February 16, 1999, at 11:25 p.m. bhont lypil 014 JEROME DUPREÉ, MAYOR ATTEST: 13lly E Reles gon BILLY EV-RCBINSON, CITY AUDITOR AND CLERK BOOK 45 Page 18058 2/16/99 6:00 P.M.