Book 39 Page 12597 12/04/95 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 4, 1995, AT 6:00 P.M. PRESENT: Mayor David Merrill, Vice Mayor Mollie Cardamone, Commissioners Nora Patterson, and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: Commissioner Delores Dry PRESIDING: Mayor David Merrill The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0027) through (0041) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Unfinished Business, Item No. VII-2, Report Re: Status of Granada/Tangier Terrace Traffic Abatement Study. B. Add under Board Appointments, Item No. IX-2, Appointment Re: Sarasota-Manatee Metropolitan Planning Organization. Mayor Merrill asked if the Commission had any objections to the Changes to the Orders of the Day. Mayor Merrill stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. 2. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF NOVEMBER 1, 1995, AND SPECIAL MEETING OF NOVEMBER 8, 1995 = SET PETITION NO. 95-SV-03 FOR PUBLIC HEARING IN CONJUNCTION WITH PETITION NOS. 95-CO-03 AND 95-PSD-L; SUMMARILY DENIED PETITION NO. 95-SV-02; SET NONCONFORMING COMMERCIAL USE AT 2440 SOUTH OSPREY AVENUE FOR PUBLIC HEARING WITH NONCONFORMING USE AT 2939 NORTH OSPREY AVENUE, UPON THE RETURN OF COMMISSIONER. DRY; ADMINISTRATION TO DEVELOP AN ORDINANCE TO CONTROL THE STORAGE AND OVERNIGHT PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONE DISTRICTS AND TO SUSPEND CODE ENFORCEMENT ACTION ON COMMERCIAL VEHICLES OF ONE TON OR LESS UNTIL AN ORDINANCE IS IMPLEMENTED (AGENDA ITEM II-1) #1 (0047) through (0842) Michael Taylor, Deputy Director of Planning and Development, came before the Commission. Mr. Taylor presented the following items from the Planning Board/Local Planning Agency (PBLP) regular meeting of November 1, 1995, and special meeting of November 8, 1995: A. Petition Nos. 95-CO-03, 95-SV-03, and 95-PSD-L Mr. Taylor stated that Petition No. 95-CO-03 is a request to conditionally rezone a parcel of land known as lot 12 and the westerly 13.45 feet of lot 13, plat of Washington Center, from Commercial, Central Business District (C-CBD) zone district to the Governmental (G) zone district; that the subject property is located at 2002 Ringling Boulevard; that Petition No. 95-PSD-L is the Preliminary Site and Development Plan to permit construction of a 126,600-square-toot structure for the new Sarasota County Judicial Center; that Petition No. 95-SV-03 is a request to vacate a portion of Adams Lane which lies adjacent to the subject property; that the PBLP found 95-CO-03 and 95-PSD-L consistent with the Sarasota City Plan and the Tree Protection Ordinance and recommends approval of Petition Nos. 95-CO-03, 95-PSD-L, and 95-SV-03 subject to the following five conditions: 1. The City and County shall enter into an interlocal agreement providing for the usage of a stormwater retention pond located north of Laurel Street Park to service the Project. Alternatively, the stormwater retention pond may be located south of Laurel Street in A. B. Smith Park in the event the petitioner relocates mobile homes in the Sarasota Mobile Home Park (SMHP) and provides additional parking adequate to support the SMHP auditorium at the petitioner's sole expense. In either event, the usage of the stormwater retention pond shall be on a temporary basis until such time as the Master Plan for Payne Park is implemented by the construction of improvements after which the stormwater will be disposed of at a permanent location within Payne Park in accordance with the Master Plan. The interlocal agreement shall be executed prior to the issuance of the first building permit for the project. The stormwater retention pond shall be designed as a recreational feature and reviewed by the City of Sarasota Parks, Recreation, and Environmental Protection Advisory Board and approved by the City Commission as to both design and location. 2. Prior to second reading of the ordinance, the petitioner shall execute a utility easement in favor of GTE Florida, Inc., providing for the operation and maintenance of existing telephone facilities within the vacated Adams Book 39 Page 12598 12/04/95 6:00 P.M. Book 39 Page 12599 12/04/95 6:00 P.M. Lane. In the event that petitioner's plans for development of the vacated Adams Lane require the relocation of existing telephone facilities, the expense of design and construction for such relocation shall be borne by the petitioner. 3. The City of Sarasota retains and expressly reserves unto itself and its successors an easement for purposes of maintaining and repairing sanitary sewer and potable water facilities over, along, and under the entire portion of the vacated Adams Lane. In the event the petitioner's plans for development of the vacated Adams Lane require the relocation of any of the above-described facilities to a newly dedicated public right-of-way described in paragraph 4 below, all the expense of construction including design costs for such relocation shall be borne by the petitioner. 4. In order to accomplish the relocating of Adams Lane, the City, prior to second reading of the ordinance, shall execute an easement for public right-of-way purposes over the northerly 40 feet of lots 12 through 18 and a portion of lot 19, block B, Washington Center Subdivision, located east of Payne Parkway. Similarly, Sarasota County shall execute an easement 40 feet wide for public right-of-way purposes, prior to second reading of the ordinances, over lots 1 and 2 less the southern 10 feet of lot 2, block B, Washington Center Subdivision, said property lying between South Washington Boulevard and Payne Parkway, for the purposes of relocating Adams Lane to the south. 5. The city of Sarasota and the petitioner shall enter into an interlocal agreement to allow the City to utilize 193 parking spaces in the County Parking Garage to service the Public Safety Building. Said agreement shall be executed prior to the issuance of the first certificate of occupancy for the project. City Manager Sollenberger stated that the Administration recommends setting Petition No. 95-SV-03 for public hearing in conjunction with Petition Nos. 95-CO-03 and 95-PSD-L. On motion of Vice Mayor Cardamone and second of Commissioner Pillot, it was moved to set Petition No. 95-SV-03 for public hearing in conjunction with Petition Nos. 95-CO-03 and 95-PSD-L. Commissioner Patterson stated that the timing of the public hearing on Petition No. 95-SV-03 is a concerni that inadequate parking for City police officers was a major issue more than four years ago; that an arrangement was made with the County to allow City police officers to park in the County's parking garage for a nominal fee; that however, the arrangement is not permanent; that the City will lose about 50 public parking spaces the police used previously as a result of the street vacation; that the 50 parking spaces were insufficient but did at least meet some of the need; that police officers were asked to refrain from using those 50 parking spaces as the County Administrator wanted more parking for the public; that therefore, space was made available in the County's parking garage; that a binding agreement on parking spaces for city use should be made between the City and County prior to the second reading of the proposed ordinance to vacate the street. Mr. Sollenberger stated that an interlocal agreement with the County on parking spaces for City use could be prepared and executed before the second reading of the proposed ordinance. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to amend the motion to include a requirement that the interlocal agreement concerning parking will be presented no later than the second reading of the ordinance. Amendment carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. Mayor Merrill called for a vote on the motion to set Petition No. 95-SV-03 for public hearing in conjunction with Petition Nos. 95-CO-03 and 95-PSD-L as amended by the requirement that the interlocal agreement on parking will be presented no later than the second reading of the ordinance. Motion carried unanimously (4 to 0) : Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. B. Petition No. 95-SV-02 Mr. Taylor stated that Petition No. 95-SV-02 is a request to vacate a 40-foot, unopened, unimproved right-of-way known as Rosemary Lane which lies between Cocoanut and Florida Avenuesi that the PBLP recommends approval of Petition No. 95-SV-02 subject to the petitioner's granting utility and Florida Power & Light easements. Mr. Sollenberger stated that the Administration does not recommend approval of Petition 95-SV-02; that a plan for the development of the property should be submitted before a petition for a street vacation is approved. Mayor Merrill stated that hearing no motion, the Commission can proceed to the next item. Vice Mayor Cardamone stated that the City Manager's recommendation should be approved by a formal vote. Mayor Merrill stated that according to Roberts Rules of Order, a negative motion, or a motion not to take action, is unnecessary. Book 39 Page 12600 12/04/95 6:00 P.M. Book 39 Page 12601 12/04/95 6:00 P.M. Vice Mayor Cardamone stated that the process is understood but a motion should be made in this instance. City Attorney Taylor stated that the City Code establishes a procedure; that upon receipt of the recommendation of the PBLP, the Commission may either direct the preparation of an ordinance providing for the requested street vacation and schedule the petition for public hearing or may summarily deny the petition if the petition does not appear to the Commission to be in the public interest. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to summarily deny Petition No. 95-SV-02 for the vacation of Rosemary Lane. Commissioner Pillot asked if the Commission can revisit Petition No. 95-SV-02 if the petitioner formulates a plan for the development of the site? City Auditor and Clerk Robinson stated that the petitioner will be required to file a new petition. Mayor Merrill called for a vote on the motion to deny Petition No. 95-SV-02. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. C. 2440 South Osprey Avenue Mr. Taylor stated that subject to 20 conditions, the PBLP recommends continuation of the nonconforming commercial use of the service station at 2440 South Osprey Avenue by exempting the site from the amortization schedule. Mr. Sollenberger stated that the Administration recommends scheduling a public hearing on the nonconforming commercial use at 2440 South Osprey Avenue simultaneously with the public hearing on Jones' Funeral Home located at 2939 North Osprey Avenue. Commissioner Pillot asked if a member of the Commission is prohibited from discussing the 20 conditions recommended by the PBLP with the property owner? City Attorney Taylor stated no. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to schedule the commercial use at 2440 South Osprey Avenue and Jones' Funeral Home located at 2939 North Osprey Avenue for public hearing upon Commissioner Dry's return to the Commission. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. D. Petition No. 95-CA-03 Mr. Taylor stated that Petition No. 95-CA-03 is a proposed Zoning Code amendment regarding storage and overnight parking of commercial vehicles and trailers of one ton or less in residential zone districts; that the PBLP recommends that the Commission: 1) direct proper study of the issue by Staff and the PBLP with a view toward substantial revision of the existing regulation, 2) direct enforcement actions against individuals be held in abeyance for vehicles of one ton or less parked on properties in residential zone districts, restricted to commercial vehicles used by the resident of the site and limited to one vehicle per site, 3) authorize Planning Staff to begin the Code Amendment process, gathering input from the public and concerned parties prior to preparing a draft amendment, and 4) hold a formal PBLP workshop and public hearing on the final amendment. Commissioner Patterson asked if the Commission can direct the Administration not to enforce a section of an ordinance? City Attorney Taylor stated yes, provided that specificity of language is made as to the exemption from enforcement. Mr. Sollenberger stated that the Administration recommends a motion to: 1) defer consideration of Petition No. 95-CA-03 until the comprehensive update of the Land Development Regulations scheduled for completion in October 1996 and 2) suspend code enforcement action on commercial vehicles weighing one ton or less in residential zone districts until the Commission acts on this issue. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to 1) defer consideration of the code amendment until the comprehensive update of the Land Development Regulations scheduled for completion in October 1996 and 2) suspend code enforcement action on commercial vehicles of one ton or less to be parked or stored overnight in residential zone districts without the restrictions of being in an enclosed structure or out of public view. Commissioner Patterson asked if Staff will discuss this issue with the PBLP before a code amendment is drafted? Mr. Taylor stated that the PBLP requested that discussions be held with the residents and businesses involved. Mayor Merrill stated that commercial vehicles parking in residential neighborhoods are a problem; that future enforcement of a code amendment will be difficult if enforcement is suspended; that he supports swift adoption of an ordinance limiting the storage and parking of commercial vehicles in residential zone districts. Book 39 Page 12602 12/04/95 6:00 P.M. Book 39 Page 12603 12/04/95 6:00 P.M. Commissioner Patterson stated that a code amendment should be adopted in less than 12 months. Mayor Merrill called for a vote on the motion. Motion failed (2 to 2): Cardamone, yes; Patterson, no; Pillot, yes; Merrill, no. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to direct the Administration to proceed promptly with the development of an ordinance to control the storage and overnight parking of commercial vehicles in residential zone districts and to authorize the suspension of code enforcement on commercial vehicles weighing one ton or less until an ordinance is implemented. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 3. BOARD ACTIONS: REPORT RE: PUBLIC ART COMMITTEE'S REGULAR MEETING OF NOVEMBER 8, 1995 = SET ZONING CODE AMENDMENT TO ALLOW FOR THE PUBLIC ART COMMITTEE TO ADVISE THE COMMISSION ON ALL WORKS OF ART FOR PUBLIC HEARING (AGENDA ITEM II-2) #1 (0852) through (1082) Michael Taylor, Deputy Director of Planning and Development, and Katherine O'Connell, Member of the Public Art Committee (PAC), came before the Commission. Ms. O'Connell stated that the PAC recommends changes to the Public Art Ordinance No. 94-3824 as follows: Section 16-8 (4) add the word all as follows - To advise the City Commission regarding the acquisition, placement and display of all works of art to be placed on properties belonging to the City. Section 16-8 (5) delete the following wording - After being requested to do sO by the City Commission on a case by case basis. Ms. O'Connell continued that the PAC wants to advise the Commission on works of art which are donated or loaned to the City; that the PAC can review the quality of materials used in works of art and maintenance costs; that the PAC is eager to assist in the decision- making process regarding all works of art. Commissioner Pillot asked if the addition of the word "all" in Section 16-8 (4) is sufficient to cover Section 16-8 (5)? Ms. O'Connell stated that the PAC understands acquisitions to mean works of art which are purchased and donations to mean works of art which are contributed. Commissioner Pillot stated that acquisition means to acquire by any means. Commissioner Pillot stated that the City may forfeit an opportunity to acquire an art work due to the timing of PAC meetings. Ms. O'Connell stated that the PAC's bylaws allow for the Committee to meet at any time; that the PAC has agreed to meet as often as necessary. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to direct the Administration to prepare amendments to the Zoning Code on Sections 16-8(4) and (5) as recommended by the PAC and to set for public hearing. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 4. REPORT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD REGULAR MEETINGS OF OCTOBER 12, 1995, AND NOVEMBER 9, 1995 - APPROVED SARASOTA SAILING SOUADRON'S REQUEST FOR THE INSTALLATION OF THE CULVERT TO BE HANDLED ADMINIBTRATIVEDYI SET THE LEASEHOLD EXPANSION TO THE SOUTH AND THE DOCK VARIANCE FOR PUBLIC HEARING (AGENDA ITEM II-3) #1 (1096) through #2 (0146) Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, and Herbert Quinn, Chairman, Parks, Recreation, and Environmental Protection Advisory Board came before the Commission. Mr. Mountain stated that a report will be given concerning several requests received from the Sarasota Sailing Squadron. Commissioner Patterson stated that members of the Sailing Squadron are in attendance, have some concerns regarding the projects, and should be allowed to address the Commission. Mayor Merrill stated that hearing no objections, members of the Sailing Squadron may address the Commission following the presentation. Mr. Quinn stated that Commodore Kresge of the Sarasota Sailing Squadron made a presentation at the Parks, Recreation and Environmental Protection Advisory Board meeting of October 12, 1995, requesting an expansion of the current leasehold area and a variance to extend the dock at Ken Thompson Park; that the absence of a definitive Master Plan for Ken Thompson Park made the deliberations difficult for the Board regarding the leasehold expansionsi that a conceptual plan, which incorporates the leasehold expansion areas for the Squadron and an area for the radio station located in the Park, was subsequently received; that Book 39 Page 12604 12/04/95 6:00 P.M. Book 39 Page 12605 12/04/95 6:00 P.M. a Master Plan should be developed and approved for Ken Thompson Park. Mr. Quinn continued that leasehold expansions requested include: Expansion to the west A 150-foot strip along the west boundary of the present leasehold area extending south from New Pass approximately 360 feet. Expansion to the south (in front of the radio station) An area along the southern boundary of the present leasehold, extending about 80 feet southward and approximately 300 feet westward. Mr. Quinn further stated that the westward expansion will begin south of the existing artificial reef material storage area, but would encompass the entire area along the New Pass side, except for a 30-foot public access area, if the storage area is eliminated. Mr. Quinn referred to a letter dated June 6, 1995, from Commodore Kresge to V. Peter Schneider, Deputy City Manager, regarding modification to the Sarasota Sailing Squadron leasehold; and stated that a copy of Ordinance No. 93-3719 adopting a Master Plan for Ken Thompson Park and a map dated June 8, 1993, depicting the Ken Thompson Master Plan was attached to the letter; however, Commission action implementing the ordinance was not found. Mr. Quinn stated that the lease agreement dated November 29, 1988, for a 20-year term stipulates that: "The tenant shall not allow hull structure work to be performed on boats at the leasehold."; that the Board recommends the stipulation be retained and enforced. Mr. Quinn referred to a letter dated November 28, 1995, from Mr. Schneider to Barbara Levin, Esquire, law firm of Davis, Persson, Smith & Darnell, representing the Sarasota Sailing Squadron, which requested administrative approval for the following: 1) replacement of the existing floating docks, 2) addition of handicapped access to the replaced docks, 3) 35-foot extension of the floating docks to tie into the existing wave fence, and 4) installation of a culvert through the isthmus to improve water quality in the boat basin and make the basin self-dredging. Mr. Quinn stated that Mr. Schneider considers Items 1, 2, and 3 repairs thus permitting administrative approval after the latest version of the construction drawings are submitted, but indicates that the Special Exception process will be required to obtain approval for a culvert, new dockage, and a boat work area; that the Parks, Recreation, and Environmental Protection Advisory Board agrees with this position. Mr. Quinn continued that the projects set forth by the Sailing Squadron are supported if strict adherence to the safety regulations of the U.S. Army Corps of Engineers' (USACE) regarding installation of culverts and the regulations regarding construction and expansion of docks, piers and other structures in the Florida Administrative Code (FAC) are followed; that the floating dock will be extended 35 feet and mooring pilings will be installed to strengthen and secure the new docks; that any addition of pilings falls under the FAC and requires permitting. Mr. Quinn further stated that the Parks, Recreation, and Environmental Protection Advisory Board recommends approval of the leasehold expansions to the west and south, the rebuilding of the docks, and the installation of the culvert; that the expansion of the leasehold proposed by the Sailing Squadron includes a work area at which painting and minor repairs will be performed; that final consideration regarding the boat work area cannot be made by the Board until environmental and waste disposal issues are clarified; that contaminated materials from boat repair work being discharged into the Sarasota Bay or the City's sewer system is of great concern to the Board. Commissioner Pillot asked the percentage the expansion leasehold represents of the current leasehold and if the proposed expansion intrudes into the picnic area at the eastern portion of the Park? Mr. Quinn stated that the leasehold expansion is approximately 20% of the present leasehold and will not intrude into the picnic area. V. Peter Schneider, Deputy City Manager, stated that the Administration recommends referring this item to Administration to process the petitions required for special exception, preliminary site and development plan, and variance approvals and to provide the necessary assistance to the Sailing Squadron. Mr. Schneider referred the following process displayed on the overhead projector to explain the steps which will be taken if the Commission conceptually approves the Sailing Squadron's request: 1. Permission for replacing the existing floating docks, adding handicap access to the docks, and extending the docks by 35 feet, all of which are within the existing leasehold area, will be granted administratively. 2. Require special exception approval for the culvert, boat work area, and the new docks, since the proposed structures or uses are not in the current lease. Incorporate preliminary and final site and development plan approval as part of this step. Book 39 Page 12606 12/04/95 6:00 P.M. Book 39 Page 12607 12/04/95 6:00 P.M. 3. Require a variance be obtained for new docks with length in excess of 100 feet, which is the same standard applied to private docks. 4. Conduct public hearings prior to approval of the lease amendments. Mr. Schneider stated that multiple public hearings are anticipated as the Sailing Squadron intends to request the expansions to the leasehold in two phases. Commissioner Patterson asked if a new structure or use requires a Special Exception in the Government (G) zone district? City Attorney Taylor stated that the procedure is not specifically required for leaseholds; however, the Special Exception process has been required for all expansion of uses in Ken Thompson Park, i.e., the significant expansion of The Pelican Man Bird Sanctuary. Commissioner Patterson asked if a Special Exception is necessary for a culvert? Timothy Litchet, Acting Director of Building, Zoning, and Code Enforcement, came before the Commission and stated that review of the scale of the project, environmental impact, compatibility with the area, whether the public interest is affected, and the potential dredging effect are issues which are reviewed during the Special Exception process. Mr. Quinn stated that the culvert which will cut through the isthmus from New Pass into the Bay is 4 by 8 feet and will fluctuate with the tidal currents; thereby, not adversely affecting the marine life; that the USACE and the Florida Department of Environmental Protection (DEP) have approved the plans for the culvert. Vice Mayor Cardamone asked if all phases of the project could be addressed at one public hearing? Mr. Schneider stated that one public hearing will be sufficient if a proposal declaring a time-specific date for the second phase is presented by the Sailing Squadron; that the issue of parking as a potential problem has been raised by Staff and should be addressed prior to granting the expansion to the leasehold. Vice Mayor Cardamone stated that the parking issue must be resolved prior to granting a leasehold expansion; that however, one public hearing for the entire project should be encouraged. Commissioner Patterson stated that the area between the Sarasota Sailing Squadron and the Mote Marine Mammal Center is very narrow; that a Master Plan should be presented to the Commission before a public hearing is held on expanding the leasehold to incorporate that portion of park land; and asked if the conceptual plan presented to the Parks, Recreation, and Environmental Protection Advisory Board is complete enough to present at a public hearing. Mr. Schneider stated that a Master Plan for Ken Thompson Park was developed in 1993; that the Administration previously requested and received Commission approval to have David Johnston, Landscape Architect, review and recommend changes to the 1993 Master Plan and to work with all the leaseholders to consider a marine theme for Ken Thompson Park; that the revised Master Plan should be available for presentation to the Commission at the next meeting; that the Parks, Recreation, and Environmental Protection Advisory Board will hold a workshop with the leaseholders. Commissioner Patterson stated that the 1993 Master Plan does not include the parcel leased to Mote Marine for the Marine Mammal Center. Mr. Schneider stated that the Ken Thompson Park Master Plan was never formally amended to include the Marine Mammal Center. Mayor Merrill stated that citizens will be funding the improvements proposed; and asked if one fee structure can be arranged for the entire project? Mr. Schneider stated that three issues are included under one Special Exception petition. Mayor Merrill stated that the necessary Federal and State approvals have been received for the culvert; that permission for construction of the new docks will require more time; and asked if the Administration recommends delaying installation of the culvert until the new docks are constructed? Mr. - Schneider stated no; that the Special Exception process includes the culvert; that a variance will be required for the new docks; that the Administration intends to assist the Sailing Squadron in working through the process in a timely manner. James Kolb, 3603 Camino Real Road (34239) Rear Commodore, the Sarasota Sailing Squadron, came before the Commission, referred to board displays of the proposed project to identify the location and explain the purpose of the culvert. Mr. Kolb stated that the expertise of Staff is recognized; that however, the Sailing Squadron disagrees with requiring a Special Exception for the culvert; that the only aspects of the culvert which may be significant are relevant to technical and environmental engineering; that the USACE and the DEP have approved Book 39 Page 12608 12/04/95 6:00 P.M. Book 39 Page 12609 12/04/95 6:00 P.M. installation of the culvert; that the necessity to follow a planning and zoning process for the culvert, which is an engineering task, is not understood; that the boat basin currently requires frequent dredging; that installing a culvert through the isthmus should reduce the amount of sedimentation accumulated and improve the water quality in the basin. Mr. Kolb continued that the proposed boat work area is not a change in land use and therefore a special exception should not be required; that the existing lease references boat work performed on the property by excluding major structural hull repair work and prohibiting repairs by commercial contractors; that the Squadron is attempting to perform boat repair work in a manner consistent with environmental safety of the water; that the area will be utilized to clean, sand, and paint the bottoms of boats, to varnish wood, and to make minor hull repairs; that major work, i.e., hull reconfiguration and engine rebuilding, will not be performed on the site; that the boat repair activities are proposed to insure sailing continues as an economical sport for members; that a tent will be erected for minor repairs; that the change to the property or the function of the property will not be significant; that the intent of the Squadron is to collect, filter, and discharge water utilized during repairs in a manner consistent with protecting the Bay and the City's sewer system; that the issue of how best to discharge the waste will be addressed if Commission approval for a boat work area granted. Commissioner Patterson asked if boat repair work will be performed by boaters and sailors rather than commercial people? Mr. Kolb stated that is correct; that owners perform the boat repair work, although laborers are occasionally hired to assist; that the intent is not to establish a commercial business. Vice Mayor Cardamone asked for comment regarding the Sailing Squadron's request for multiple public hearings. Mr. Kolb stated that the existing Ken Thompson Master Plan does not include development of the area in front of the radio station, and therefore, leasehold expansion to the south should not be controversial; however, the Sailing Squadron anticipates the requested leasehold expansion to the west will be subject to greater debate and probably subject to the determination of an updated Master Plan for the Park; that waiting for the final development of a Master Plan prior to seeking approval of the leasehold expansions is of concern; that a revised Ken Thompson Park Master Plan has been forthcoming for some time, but has not materialized. Mr. Quinn stated that the issue of restricting the expansion to the west was discussed by the Parks, Recreation, and Environmental Protection Advisory Board; that approximately one-third of the proposed boat parking spaces would be removed if the expansion was reduced from 150 to 100 feet; that the consensus of the Board was that approving a 150-foot expansion would not detract much from development on Ken Thompson Park. Mr. Kolb continued that the primary issue being brought before the Commission at this time is whether a Special Exception process for the culvert and the boat work area will be required. Doug Kresge, Commodore, the Sarasota Sailing Squadron, came before the Commission and stated that the original DEP permit precluded boat repair work; that a large percentage of the membership would have lost the ability to perform minor repairs, which was a genuine concern; that therefore, a minor modification was pursued and received in the DEP permit to allow a boat repair area; that approval by the City is now required. Commissioner Patterson asked if boat repair work is currently being performed? Mr. Kolb stated that minor boat repair work has been done since the inception of the lease; that during the dock permitting process, the DEP advised that boat repair work must be discontinued unless facilities were built to collect the resulting discard products; that facilities were designed to collect the products and the DEP approved the permit. Mr. Kresge stated that the original DEP permit for the extension of the docks, which was approved after five years, excluded bottom painting and sanding of boats on the site; that a boat repair work area was designed and accepted by the DEP; that Commission approval of the boat work area is now being requested. Mayor Merrill asked if boats are being stored outside of the existing leasehold? Mr. Kolb stated that some boats were moved out of the existing leasehold during the construction of the seawall; that all but three boats have been moved back onto the leasehold area; that two of the boats belong to nonmembers; that one of the boats is too large to store inside the leasehold area; that the Sailing Squadron's objective is to utilize the specified area for actively sailed boats. Mayor Merrill asked for the specific action being requested of the Commission? Mr. Kolb stated that expediting the process is the objective; that therefore, Commission approval is requested to allow the culvert and the boat repair work area to be handled administratively. Book 39 Page 12610 12/04/95 6:00 P.M. Book 39 Page 12611 12/04/95 6:00 P.M. Commissioner Patterson asked if a new structure will be built for the boat repair work? Mr. Kolb stated yes; that a new structure composed of a concrete slab with curbs, a catch basin, a pump, and a tent is planned; that the tent structure will be erected over the boats to catch dust; that the concrete slab and curbs are the only permanent components. Commissioner Pillot stated that the culvert can be addressed administratively, assuming all required Federal and State permits have been acquired; that voting in favor of a boat repair work area under any conditions will be difficult; that the southeast area of the Park should be reserved for passive activities with which the repair of boats is not compatible; that the Sailing Squadron is contiguous to the area of the Park where picnicking is enjoyed; that the Gulf Wind Marine commercial boat repair facility, also located on Ken Thompson Park, is situated far from the picnic area; that he will not vote in favor of a leasehold expansion to permit the noise and other negative aspects of a boat repair work area near the picnic area. Mr. Kresge stated that a renegotiation of the lease with Gulf Wind Marine may occur shortly; that a solution may be to locate the Sailing Squadron's proposed boat repair work area in a very small portion of the Gulf Wind Marine facility. Commissioner Pillot stated that the suggestion may be a solution if the lease provide for that possibility. Mayor Merrill stated that the noise emanating from the jet skis disturbs the peacefulness of the Park; that sanding machines will not add to the tranquility. Commissioner Patterson stated that the culvert should be handled administratively; that the Engineering Department and the Sarasota Bay Estuary Program should review the project; that the Commission has no neèd to approve the project if the Administration deems the project satisfactory. Mr. Schneider stated that the culvert can be handled administratively if the Commission so desires. City Attorney Taylor stated that the Commission can decide which requests are worthy of the public hearing process. Commissioner Pillot stated that the necessary permits will have to be in place; that the Administration is to be thanked for bringing the issue of the culvert to the Commission as the area is a valuable piece of City property. Commissioner Patterson asked if variances in the Governmental (G) zone district are approved by the Commission and bypass the Board of Adjustment? Mr. Schneider stated yes. Commissioner Patterson asked if that requirement is in the City Zoning Code? City Attorney Taylor stated yes. Commissioner Patterson stated that environmental information should be provided to the Commission for use in applying the same very limited criteria used by the Board of Adjustment in approving or disapproving variances. Mayor Merrill stated that, hearing no objections, the consensus of the Commission is for the proposed culvert to be handled administratively. Mayor Merrill asked for the Commission wishes regarding the boat work area. Commissioner Pillot stated that the possibility of using a portion of the Gulf Wind Marine property for the boat work area should be pursued. Mayor Merrill stated that hearing no objection the boat work area will be delayed until the Sailing Squadron has an opportunity to negotiate with Gulf Wind Marine. Commissioner Patterson stated that the issue regarding the continuation of loading and unloading rubble for the artificial reef program should be resolved prior to considering an expansion of the Sailing Squadron's leasehold to the west; that however, the process of obtaining input and planning for the rest of the expansion should not be delayed. Vice Mayor Cardamone stated that she agrees; that however, multiple public hearings should not be required if the ultimate objective is known. Mr. Kresge stated that permission has been received to seek administrative approval to replace the docks, add handicapped access to the docks, extend the floating docks by 35 feet, and install the culvert; that the applicable permits have been received; that the drawings and specifications have been submitted to the Administration for review; that the lease requires the Sailing Squadron submit for Commission approval a contract for construction showing funding has been escrowed; that any expansion in leasehold in the Ken Thompson Park area is required by, ordinance to undergo a public hearing process, which takes approximately 30 to 90 days; that beginning the public hearing process on the requested leasehold expansion to the south in January 1996 is desired; that other required public hearings could coincide with Book 39 Page 12612 12/04/95 6:00 P.M. Book 39 Page 12613 12/04/95 6:00 P.M. the updated Ken Thompson Park Master Plan, which will probably come back to the Commission in October 1996. Mayor Merrill asked if the Parks, Recreation, and Environmental Protection Advisory Board supported the leasehold expansion to the south? Mr. Schneider stated that the Parks, Recreation, and Environmental Protection Advisory Board supported all phases of the proposed expansion. Mayor Merrill asked if the Administration is prepared to set any of the proposed leasehold expansions for public hearing? Mr. Schneider stated that the requested leasehold expansion includes three phases; that the Administration recommends the requested leasehold expansion to the south be set for public hearing. Commissioner Patterson stated that the portion of Phase 3 to the right of the existing boundaries of the Sailing Squadron's leasehold could be addressed. Mr. Kresge stated that an overgrowth of trees is currently located on the land between the Sailing Squadron leasehold and the radio station; that discussions regarding the intentions of the radio station have not been finalized; that delaying Phase 3 until the overall Ken Thompson Master Plan is finalized will not impede the objectives of the Sailing Squadron; that however, the overgrowth could cleared and the land temporarily utilized to address the Staff's concern regarding parking. Commissioner Pillot stated that Mr. Kresge's suggestion is sensible; that the culvert and dock extension will be handled administratively; that Phase 1 should be set for public hearing at the first reasonable date and the remaining phases addressed after an overall Ken Thompson Master Plan is approved. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to set the Sarasota Sailing Squadron's request for a leasehold expansion to the south (in front of the radio station) for public hearing at the earliest feasible date. Commissioner Patterson stated that the variance for the floating docks can be set for public hearing at the same time. Mr. Kresge stated that the application for a variance for the extension of the main dock has been submitted to the Building, Housing and Zoning Department; that the fees have been paid. City Manager Sollenberger stated that the Commission can authorize setting the variance for public hearing. Commissioner Pillot, as maker of the motion, with the approval of the seconder, Vice Mayor Cardamone, agreed to amend the motion to include setting the variance for public hearing at the same time. Mayor Merrill called for a vote on the motion. Motion carried unanimously (4 to 0): : Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 5. REPORT RE: CHARTER REVIEW COMMITTEE (AGENDA ITEM II-4) #2 (0147) through (0617) Lou Ann Palmer, Chairman, Charter Review Committee (CRC), I came before the Commission and stated that the CRC thanks City Auditor and Clerk Robinson, Deputy City Auditor and Clerk McGowan, Rhonda Maley, Senior Secretary/Recording Secretary, and the Staff in the office of the City Auditor and Clerk as well as City Attorney Taylor for their assistance. Ms. Palmer continued that the CRC has been functioning primarily as a fact-finding body; that certain sections of the Charter have been identified for study; that the CRC recommends the following: Establishing a six-month residency requirement for elected officials for both district seats and at-large seats, or a one-year residency requirement if determined by the City Attorney to be legally defensible. Establishing a residency requirement as a condition for employment of all Charter Officials in the future, including the City Attorney. Establishing a residency requirement for the deputies of Charter Officials and department heads, with the term department heads being defined by the Commission and referenced by ordinance. Maintaining the City election cycle. Evaluating Charter officials, including the City Attorney, at a public meeting not less than annually, to be separated into two sections: 1) addressing evaluations of the City Manager, City Auditor and Clerk, and City Attorney, and 2) addressing compensation for the City Manager, city Auditor and Clerk, and City Attorney if hired in-house. Book 39 Page 12614 12/04/95 6:00 P.M. Book 39 Page 12615 12/04/95 6:00 P.M. Ms. Palmer further stated that the CRC will present a final report on recommendations for revisions to the Charter at the first City Commission meeting in April 1996; that the CRC is requesting permission to extend the scope of the mandate from the Commission beyond April 1996 to: 1) review the Administrative Code, which is at variance with the Charter, 2) make recommendations on rules of procedure, i.e., respond to questions on the legal ramifications of quasi-judicial hearings, 3) make recommendations on criteria for evaluating Charter officials, and 4) make suggestions on enabling ordinances and resolutions. Commissioner Pillot asked why the CRC is recommending maintaining the City election cycle? Ms. Palmer stated that voters could be confused if the election for the Sarasota City Commission takes place simultaneously with the election for the Sarasota County Commission as the names are similar; that although the turnout for a March election is lower than the turnout for a November election, the City election is unique; that voters go to the polls in the City election exclusively to vote for City Commissioners; that candidates' names for election to the City Commission would be listed at the end of a November ballot; that the result would be a drop-off in votes and fewer votes being cast for City candidates. Commissioner Patterson stated that consultants are currently updating the land development regulations (LDRs) and will be making recommendations to the Commission; that input from the CRC would have to be forthcoming soon if the CRC wanted to address some of the issues concerning quasi-judicial hearings. Ms. Palmer stated that the CRC was not aware that consultants have been hired and, therefore, some of the CRC's recommendations may overlap the consultants' recommendations; that one area in which the CRC may be helpful is in devising a procedure to streamline Commission meetings; that a process could be adopted which would place most issues for discussion under the Consent Agenda category; that implementation of a standard procedure would expedite all future Commission meetings. Mayor Merrill thanked the CRC for their efforts and stated that the Commission is receptive to suggestions and recommendations made by the CRC beyond the original mandate. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1 AND 3 = APPROVED; ITEM NO. 2 - APPROVED TO DEVELOP AN RFP FOR A FINANCIAL CONSULTING AGREEMENT (AGENDA ITEM III-A) #2 (0621) through (0698) Commissioner Patterson requested that Item No. 2 be removed for discussion. 1. Approval Re: Temporary Easements for New Pass Dredging 3. Approval Re: Van Wezel Performing Arts Hall Clarification of Mission Statement for CIP Grant On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to approve Consent Agenda No. 1, Items 1, and 3. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a three-year renewal of the Financial Advisor Consulting Agreement between the City of Sarasota and John Haylett & Co., Inc. Commissioner Patterson stated that John Haylett & Co. has been providing excellent service for the past ten years; however, a contract which has been in effect for such a long time should be reviewed. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to develop an RFP for a financial advisor consulting agreement and to encourage John Haylett & Co. to apply. Motion carried (3 to 1): Cardamone, yes; Patterson, yes; Pillot, no; Merrill, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (ORDINANCE NO. 96-3918) ADOPTED (AGENDA ITEM III-B) #2 (0700) through (0733) City Auditor and Clerk Robinson read proposed Ordinance No. 96-3918 by title only. 1. Adoption Re: Second reading of proposed Ordinance No. 96-3918, an ordinance of the City of Sarasota to approve Petition 95-CA-01 requesting an amendment to the Zoning Code of the City of Sarasota, Article VII, Division 9, Section 8-96, pertaining to sign regulations in the Commercial, Tourist (CT) Zone District; said proposed amendment would permit a directory sign for businesses to be placed in the Public Right-of-Way along St. Armands Circle upon the issuance of an encroachment permit as more particularly described herein; setting forth findings as to intent and purpose; providing for the severability of the parts hereof; repealing ordinances in conflict; providing for reading by title only and providing for an effective date. On motion of Vice Mayor Cardamone and second of Commissioner Pillot, it was moved to adopt proposed Ordinance No. 96-3918. Mayor Merrill requested that City Auditor and Clerk Robinson Book 39 Page 12616 12/04/95 6:00 P.M. Book 39 Page 12617 12/04/95 6:00 P.M. proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. The Commission recessed at 7:50 p.m. and reconvened at 8:02 p.m. Mayor Merrill requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3911, AMENDING CHAPTER 2, RELATING TO NUISANCE ABATEMENT; ALLOWING FOR THE IMPOSITION OF CIVIL FINES AGAINST PROPERTY OWNERS CREATING A NUISANCE BY THE NUISANCE ABATEMENT BOARD, IN THE AMOUNTS PROVIDED HEREIN PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; REPEALING ORDINANCES AND CONFLICTS; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-1) # 2 (0778) through (1306) Gordon Jolly, Chief of the Police Services Bureau, Public Safety Department, came before the Commission and stated that proposed Ordinance No. 96-3911 will allow the Nuisance Abatement Board (NAB) to impose civil fines in the amount of not more than $500 per day against owners whose property has been determined to be a nuisance. Mayor Merrill opened the public hearing. The following person came before the Commission: James 0. Fergeson, 1749 Cherokee Drive (34239), stated that he owns 28 apartments known as the Newtown Oaks Apartments, located on Dr. Martin Luther King, Jr. Way; that all of the apartments were completely renovated within the past two years; that a letter was received from Police Chief Jolly implying that a fine might be imposed since two drug arrests were made on the property within the past six months; that the magnitude of the drug problem has increased tremendously since the property was purchased in 1984; that drug trafficking has had an extremely detrimental effect; that imposing a $500 per day fine on a responsible landlord who has maintained a property and evicted drug traffickers is unfair; that the manager of the property has been very conscientious but cannot carry a weapon and enforce the law; that owners of crack houses should be fined; that a definition of a nuisance property must be made prior to adopting an ordinance. Mr. Fergeson continued that law enforcement officers have been alerted to the drug problem and have responded by stating that illegal drug transactions must be witnessed before arrests can be made. There was no one else signed up to speak and Mayor Merrill closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 96-3911 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3911 by title only. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to pass proposed Ordinance No. 96-3911 on first reading. Vice Mayor Cardamone stated that Mr. Fergeson is also the victim of the same problems the NAB is attempting to control in all neighborhoods; that the Commission will listen to responsible landlords; that strong support is given to the passage of proposed Ordinance No. 96-3911. Commissioner Pillot stated that the comments are important and will be taken very seriously by the Commission and the NAB; that the ordinance specifies that fines will be levied against owners whose properties have been determined to be a nuisance; that blameless property owners will not be fined. Commissioner Patterson asked if the ordinance defines a nuisance? City Attorney Taylor stated the ordinance addresses nuisances as defined in the Florida Statutes as conditions which create nuisances to the public in general, including drug trafficking, prostitution and gang-related activities; that the purpose of the ordinance is to identify and remedy problems, not impose fines; that the fine imposed could be less than $500 per dayi that the NAB must take into consideration the defense presented by a property owner; that property owners who are attempting to deal with nuisances will not be fined; that property owners who ignore illegal drug trafficking are the targets of the proposed ordinance. Commissioner Patterson stated that tremendous latitude is being given to the NAB since the Commission is bypassed in the appeals process; that a property owner can only appeal an NAB ruling to the Circuit Court; that the Commission is confident the NAB's rulings will reflect the concerns of conscientious property owners. Jack Gurney, Chairman, Nuisance Abatement Board, came before the Commission and stated that the forthcoming hearings will first Book 39 Page 12618 12/04/95 6:00 P.M. Book 39 Page 12619 12/04/95 6:00 P.M. determine whether a nuisance exists; that if a nuisance is found to exist, the property will be found guilty; that a subsequent determination on the course of action to take with the property owner will be made; that the proposed ordinance will give the NAB more flexibility to deal with property owners who do not cooperate and avoid the issue of illegal drug trafficking; that the NAB is cognizant of the many property owners who want to comply with the law and have cooperated with law enforcement officials. Mayor Merrill called for a vote on the motion to pass proposed Ordinance No. 96-3911 on first reading and requested City Auditor and Clerk Robinson to proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 9. PRESENTATION RE: REQUEST THAT AN ADVANCED PLANNING BOARD/LOCAL PLANNING AGENCY REPORT BE GIVEN AT THE CITY COMMISSION MEETING ON DECEMBER 18, 1995, RELATING TO THE STREET VACATION REQUESTS ASSOCIATED WITH THE DOWNTOWN THEATER PROJECT - APPROVED (AGENDA ITEM V-1) # 2 (1309) through (1369) Gary B. Hoyt, Architect, representing the Hollywood 18 Cobb Theatre Complex, came before the Commission and stated that a request is being made for the Commission to hear at its December 18, 1995, meeting, an advance report of the December 6, 1995, Planning Board/Local Planning Agency (PBLP) meeting regarding the street vacations associated with the proposed Cobb Theatre project. City Manager Sollenberger stated that the Administration recommends the PBLP report relating to the street vacation requests be made at the December 18, 1995, meeting. On motion of Vice Mayor Cardamone and second of Commissioner Pillot, it was moved to hear the report of the PBLP December 6, 1995, meeting relating to the street vacation requests associated with the Cobb Theatre project on December 18, 1995. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 10. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) # 2 (1376) through (1772) Creilly Pollack, 1001 Bayou Place (34236), came before the Commission and stated that a response to a letter requesting the approximate cost of the utility bills and the liability on the proposed Island Park fountain donated by Marina Jack, Inc., has not been received; that two majestic pines as well as seagrapes have been removed from Island Park; that an additional 65 signatures have been added to the more than 500 signatures on the petition requesting the Commission to reopen the public hearing on the proposed fountain and more signatures will be forthcoming; that a critical editorial in the Sarasota Arts Review raises the question of ethics and legality in the acceptance of the fountain; that a caricature of the fountain is being distributed to each Commissioner. Mayor Merrill asked for clarification of the species of trees removed from Island Park. City Manager Sollenberger stated that the trees were not native to Florida and will be replaced by suitable, native trees. Mayor Merrill asked for clarification of the amount of space allocated for the fountain. Commissioner Pillot stated six-tenths of one percent of the area in the Park. Vice Mayor Cardamone asked the timetable of the project? Mr. Sollenberger stated that a building permit has been granted; that the trenching for the foundation began last week and the project is underway. Ms. Pollack stated that the project can be halted; that heartfelt sentiment exists for Island Park to remain unchanged. Mr. Sollenberger stated that approximately six years ago the public participated in the development of the Master Plan for the Bayfront which included Island Park; that a footprint for a fountain of similar dimensions to the one being built was included in the plan; that a sidewalk around the fountain is part of the project; that overall improvements to Island Park are being made, and the entire area will be enhanced. Ms. Pollack asked why the fountain originally planned was not built and asked the maintenance costs of the fountain being built. Mr. Sollenberger stated that the Administration will respond to Ms. Pollack's questions promptly. Commissioner Pillot stated that the proposed fountain will be a welcome addition to Island Park and the article quoted is grossly inaccurate. 11. UNFINISHED BUSINESS: DISCUSSION RE: LITTLE FIVE POINTS PARK PROJECT - APPROVED CHANGE ORDERS WITH THE EXCEPTION OF THE DECORATIVE RAILING (AGENDA ITEM VII-1) # 2 (1775) through (2293) Book 39 Page 12620 12/04/95 6:00 P.M. Book 39 Page 12621 12/04/95 6:00 P.M. Duane Mountain, Streets, Landscape Maintenance and Solid Waste Manager, and David Johnston, Landscape Architect, came before the Commission and displayed a sketch of the Little Five Points Park Plan, which included the modifications to the site previously suggested by the Commission. Vice Mayor asked for clarification of the decorative railing and access to the street. Mr. Johnston stated that the decorative railing encloses the pedestrian area; that access to the street is via the handicap ramps. Commissioner Pillot asked for a definition of bollard. Mr. Johnston stated that a bollard is a post, approximately three feet in height, which is erected for control of pedestrian and vehicular traffic; that chains will not be placed between the bollards. Vice Mayor Cardamone stated that the City should not be perceived as building Little Five Points Park to benefit a restaurant owner; and asked if the restaurant owner will place tables on the outdoor portion of the restaurant, and if the tables will be for public use? Mr. Mountain stated that tables are currently placed in front of the restaurant on private property; that the restaurant owner, who is eager to continue providing outdoor seating, has granted permission for the City to construct brick paving at that site. Commissioner Patterson asked the height of the decorative railing. Mr. Mountain stated approximately three feet. Commissioner Patterson stated that a three-foot, decorative railing may be impractical; and asked the cost of the railing and whether the railing is necessary? Mr. Johnston stated that decorative railing was included as an option; that the original design did not include railing; that the cost of the railing is approximately $9,200. Commissioner Patterson stated that decorative railing was suggested as a safety measure; that the proposed railing does not serve the Commission's original intent. Commissioner Pillot asked the timetable of the project. Mr. Johnston stated that the project will begin in January 1996 and will be completed by April 1996. On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to approve all change orders except for the decorative railing. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 12. UNFINISHED BUSINESS: REPORT RE: STATUS OF GRANADA/TANGIER TERRACE TRAFFIC ABATEMENT STUDY = CITY ATTORNEY TO PREPARE A REPORT ON LEGALITY OF SPEED HUMPS (AGENDA ITEM VII-2) # 2 (2295) through (2485) Asim Mohammed, Assistant City Engineer, came before the Commission and referred to his memorandum to the Commission dated November 28, 1995, which provided an update on the Granada/Tangier Terrace Traffic Abatement project and explained the following schedule: December 12, 1995: Hold a public meeting. December 30, 1995: Send another survey to the residents urging them to select one preferred alternative. February 5, 1996: The City Commission to hold a public hearing at which Staff will provide their recommendation. Mayor Merrill asked for an anticipated completion date for the project. Mr. Mohammed stated that a report will be made to the Commission on February 5, 1996. Commissioner Pillot asked if speed humps will be used to abate traffic in the Granada/Tangier Terrace neighborhoods? Mr. Mohammed stated that the residents of the Granada/Tangler Terrace neighborhoods could not reach a consensus on the best solution for traffic abatement; that a public hearing will be held to discuss alternatives; that residents in both neighborhoods will be polled on the best method for traffic abatement. Commissioner Pillot stated that a copy of a letter from a resident to a state agency was sent to the Mayor and City Manager which indicated speed humps may be illegal; and asked for a report on the legality of speed humps. Mr. Mohammed stated that literature on the legality of speed humps has been sent to the Office of the City Attorney; that a determination on the legal issues regarding speed humps rests with the City Attorney's office; that other Florida cities have passed Book 39 Page 12622 12/04/95 6:00 P.M. Book 39 Page 12623 12/04/95 6:00 P.M. ordinances providing for the use of speed humps as traffic abatement devices. Commissioner Pillot stated that he will not cast an affirmative vote for the use of speed humps until a court of competent jurisdiction rules on the legality of speed humps; that cities may have adopted ordinances without resolving the legal issue. Mayor Merrill asked for a report on the legality of speed humps. City Attorney Taylor stated that a written report will be prepared and submitted to the Commission. 13. NEW BUSINESS: PRESENTATION RE: SARASOTA-MANATEE METROPOLITAN PLANNING ORGANIZATION'S 2020 LONG-RANGE PLAN UPDATE - APPROVED THE INCLUSION OF ALL CITY PROJECTS (AGENDA ITEM VIII-1) # 2 (2470) through #3 (0472) Asim Mohammed, Assistant City Engineer, came before the Commission and stated that the 1991 Intermodal Surface-Tranepertation Efficiency Act (ISTEA) requires every Metropolitan Planning Organization to prepare a twenty-five year, financially feasible transportation plan; that in response to the Federal mandate, the Sarasota-Manatee Metropolitan Planning organization (MPO) retained the firm of Greiner, Inc., to formulate a long-range plan. Robert Longfield, Greiner, Inc., and Dawn Wolfe, Florida Department of Transportation (FDOT), came before the Commission. Mr. Longfield stated that the Federal Highway Administration (FHA) requires, as a result of the ISTEA, every MPO to present a long- range, concise plan for specific transportation projects within the multi-modal transportation system which can be funded by existing revenue sources; that multi-modal refers to roadway improvements, transit improvements, improvements related to traffic operations and enhancement projects, i.e., sidewalks, bicycle lanes, street lighting; that Greiner, Inc., is providing assistance in identifying specific transportation projects for long-range planning; that the Suggested 2020 Financially Feasible Transportation Plan (2020 Plan) included in the agenda packet was presented to each local jurisdiction within the Sarasota-Manatee MPO area during November; that the plan for multi-modal transportation projects within the City is the focus of the presentation; that modifications to the plan have been suggested by technical committees, civic groups, and residents who attended the public hearing on November 15, 1995; that projects for the City of Sarasota include: U.S. 301, Cocoanut and Central Avenues, 17th Street, Old Bradenton Road, Siesta Drive, Myrtle Street, the Fruitville Road Connector, and Transit Enhancements. U.S. 301 Mr. Longfield stated that the 2020 Plan includes widening U.S. 301 to six lanes from University Parkway south to 12th Street, widening 12th Street to four lanes from Tuttle Avenue east to Beneva Road; that the Plan will also include enhancement projects to U.S. 301 south of 12th Street and to Lockwood Ridge Road south of 17th Street to Fruitville Road. Mr. Mohammed stated that the Commission previously approved improvements to Lockwood Ridge Road from 17th Street to Fruitville Road as well as improvements to 12th Street and Tuttle Avenue. Commissioner Patterson asked if these improvements have been included in the alternatives presented to the Commission previously? Mr. Mohammed stated yes. Mayor Merrill asked what action the Commission is being requested to take? Mr. Mohammed stated that Staff has developed a plan including all the presented projects, which the Commission can endorse or alter; that any changes will be presented to the MPO for incorporation into the 2020 Plan. Mayor Merrill asked if the proposed 2020 Plan is endorsed by Staff? Mr. Mohammed stated yes; that all the projects in the 2020 Plan have been approved by the Technical Advisory Committee (TAC) of the MPO and will be presented to the MPO, which will decide whether to retain the projects listed. Mayor Merrill asked the status of the Fruitville-Ringling Connector project. Mr. Mohammed stated that the 2020 Plan has been modified to include the Fruitville-Ringling Connector project; that the 2020 Plan including all modifications will be presented to the MPO for approval on December 11, 1995. Vice Mayor Cardamone asked if the City projects as presented were previously approved by the Commission and are recommended by Staff? Mr. Mohammed stated yes; that the projects have also been approved by the TAC. Cocoanut and central Avenues Vice Mayor Cardamone asked for clarification of the suggestion to convert Cocoanut and Central Avenues to one-way thoroughfares? Mr. Longfield stated that the original 2020 Plan included a suggestion to develop Cocoanut Avenue into a four-lane Book 39 Page 12624 12/04/95 6:00 P.M. Book 39 Page 12625 12/04/95 6:00 P.M. thoroughfare; that public comments were subsequently received and discussions were held at the technical level; that as a result, a more cost-effective solution was developed which is the proposal to convert Cocoanut and Central Avenues into one-way streets, which achieves the same level of travel capacity. Vice Mayor Cardamone asked if the Commission is receiving this suggestion for the first time? Mr. Mohammed stated yes. Vice Mayor Cardamone asked if endorsement by the Commission is implicit if the suggestion to convert Cocoanut and Central Avenues into a one-way pair of streets remains in the 2020 Plan? Mr. Longfield stated that the purpose of this presentation is for the Commission to endorse the 2020 Plan. 17th Street Mr. Longfield stated that the proposal is to extend 17th Street westward from Orange Avenue across the railroad south of the Sarasota Day Nursery facility, utilizing water and sewer line right-of-way, thus creating a continuous two-lane thoroughfare westward to U.S. 41; that this recommendation is in accordance with the Comprehensive Plan; that damage to the residential area west of Central Avenue will be minimized. Vice Mayor Cardamone stated that she recalls a decision not to pursue the 17th Street project. Mayor Merrill stated that the Commission voted not to expend City funds for improvements to 17th Street; that whether to expend available State funds has been an issue; that he recalls previous Commission votes not to delete improvements to 17th Street from the list of MPO projects. Mr. Mohammed stated that the Commission directed no State monies or impact fees be spent on 17th Street; however, the Commission decided to retain 17th Street in the list of MPO projects. Commissioner Patterson stated that the need for 17th Street to become a continuous east-west thoroughfare of at least two lanes will become apparent during the time frame encompassed by the 2020 Plan; that 17th Street should remain in the 2020 Plan sO the funds will be available even if another solution is developed. Mayor Merrill stated a majority of the Commission supports including 17th Street in the 2020 Plan. Commissioner Pillot asked to which phase the 17th Street project has been allocated. Mr. Mohammed stated that 17th Street has been included in Phase 3; however, the project is very small and can potentially be completed in Phase 2, which is a 10-year earlier time frame than Phase 3. Commissioner Pillot stated that the project should be moved to Phase 2. Mayor Merrill stated that a majority of the Commission supports moving the project to Phase 2. Commissioner Patterson asked if the Sarasota Day Nursery on 17th Street was built in such a way as to limit the right-of-way to 50 feet and if 50 feet is the requirement for a two-lane thoroughfare? Mr. Longfield stated that the available right-of-way is 50 feet, which is the requirement. Mr. Sollenberger stated that the question of the width of the right-of-way requires clarification. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the Sarasota Day Nursery granted right-of-way along 17th Street and Orange Avenue; that the Pines of Sarasota on the south side of 17th Street is also obligated to grant right-of-way due to a prior development agreement. Commissioner Patterson asked the available area for the right-of-way? Mr. Daughters stated that approximately 80 feet is available at Orange Avenue, which is sufficient for five lanes. Mr. Longfield stated that their records will be corrected to indicate an existing 80-foot right-of-way. Mr. Daughters stated that the 80-foot right-of-way is at Orange Avenue; that land behind the Sarasota Day Nursery is owned by the railroad company, which is not included in the right-of-way. Commissioner Patterson asked if the 17th Street project will have an adverse impact on the Sarasota Day Nursery structure? Mr. Mohammed stated no. Old Bradenton Road Mr. Longfield stated that improvement in traffic circulation is necessary on North Tamiami Trail; that a number of alternatives to improve north-south travel in the area without expanding North Tamiami Trail to six lanes were discussed; that one alternative is to widen Cocoanut Avenue to four lanes and to utilize Dr. Martin Book 39 Page 12626 12/04/95 6:00 P.M. Book 39 Page 12627 12/04/95 6:00 P.M. Luther King, Jr. Way for the short distance between the Cocoanut Avenue/0ld Bradenton Road intersection, followed by an examination of Old Bradenton Road to University Parkway; that the technical recommendation is to widen Old Bradenton Road to four lanes from Dr. Martin Luther King, Jr. Way northward to University Parkway; that instead of widening either Cocoanut or Central Avenues to a four-lane thoroughfare, Cocoanut Avenue would become one-way southbound and Central Avenue would become one-way northbound, resulting in a four-lane collector extending from Fruitville Road northward to University Parkway; that sufficient local relief would be provided to North Tamiami Trail, eliminating the need for a six- lane thoroughfare. Mayor Merrill asked if the Commission supports the Old Bradenton Road, Cocoanut and Central Avenues project? Commissioner Pillot stated yes. Vice Mayor Cardamone stated that supporting the project is difficult since the Commission has just heard it for the first time. Mayor Merrill stated that he cannot support the project without more information. Mr. Mohammed stated that the Commission will have many opportunities for review in the future; that endorsement now does not constitute a commitment; that each project will go through a long approval process before becoming a reality. Commissioner Patterson stated that the project could potentially happen in fifteen years; however, future considerations may make the project impossible; that the 2020 Plan is an opportunity for the City to secure long-range funding for generalized needs, rather than a commitment on specific projects at this time. Mr. Mohammed stated that every project will go through a substantial public hearing process, Preliminary Design and Engineering (PD&E) studies, etc., before becoming a reality. Mayor Merrill stated that a majority of the Commission agrees to retain the Old Bradenton Road, Cocoanut Avenue, and Central Avenue projects in the 2020 Plan. Siesta Drive Mr. Longfield stated that Transportation System Management (TSM) funds will be used to make the necessary traffic operation improvements to Siesta Drive, including turn lanes on Osprey Avenue westward, sidewalk remodeling, and bicycle lanes. Commissioner Patterson stated that the Siesta Drive project is very important; that the project is indicated as a Phase 2 project but should be a Phase 1 project. Mr. Longfield stated that the projects listed in Phase 1 are included in the currently adopted MPO work program which is funded from 1995 through the year 2000. Commissioner Patterson asked the estimated cost? Mr. Mohammed stated $2 million; that traffic congestion results from left turns into the residential areas on both sides of Siesta Drive between Osprey Avenue and the North Bridge, which blocks the through traffic; that the proposal is to three lane Siesta Drive with a middle turn lane, which can be accomplished in the existing right-of-way; that the project is not clearly defined; that other innovative means may be available to accomplish the same result; however, allocating funding is important. Mayor Merrill stated that he does not support the project. Mayor Merrill stated that a majority of the Commission agrees to retain the Siesta Drive project in the 2020 Plan. Commissioner Patterson stated that the MPO has had extensive discussion concerning the drainage problem which occurs on Siesta Drive during heavy rain storms; that the cost of $2 million to add a center turn lane seems high; and asked if that cost includes improvements to. relieve drainage problems? Mr. Longfield stated no. Commissioner Patterson asked if any expenditure has been programmed for those required drainage improvements? Mr. Longfield stated that some attention will have to be given to the drainage problems as part of the follow-up, detailed studies. Mr. Mohammed stated that consideration will be given to addressing the drainage problems at the time the project is planned, based upon the availability of funding. Mayor Merrill stated that hearing no objections, the Commission supports efforts to obtain the necessary funding for drainage improvements. Myrtle Street Mr. Longfield stated that Myrtle Street is identified in the Comprehensive Plan adopted by Sarasota County as a two-lane facility from Old Bradenton Road east to Tuttle Avenue; that the County's long-range plan contains a future extension from Tuttle Book 39 Page 12628 12/04/95 6:00 P.M. Book 39 Page 12629 12/04/95 6:00 P.M. Avenue to Lockwood Ridge Road; that the possibility of four-laning Myrtle Street has been considered since the acquisition of additional right-of-way may be required to address drainage problems; that a continuous two-lane facility has been included in the 2020 Plan; that four-laning Myrtle Street is part of the needs plan, but funding may not be available. Mr. Mohammed stated that the proposal is consistent with the decision at the Commission's transportation workshop to have the existing two lanes on Myrtle Street upgraded with sidewalks, bicycle lanes, etc. Mayor Merrill asked if the proposal is to upgrade the existing two- lane road? Mr. Mohammed stated yes. Mayor Merrill stated that hearing no objections, the Commission supports including Myrtle Street in the 2020 Plan. Fruitville Connector: The Ringling Causeway, Fruitville Road, U.8. 41 Intersection Improvement Project Mr. Mohammed stated that a great deal of discussion occurred at the TAC and at the Board of County Commissioners concerning the feasibility of this project; that the choice was to lose the project or to call the project a congestion-improvement project for the area; that the project is called the Ringling Causeway, Fruitville Road, U.S. 41 Intersection Improvement Project. Commissioner Pillot stated that the project is indicated as a Phase 3 project, which is fifteen years in the future; and asked if the project will be coordinated with a new Ringling Causeway Bridge? Mr. Mohammed stated that funding sources are limited. Commissioner Pillot asked if the project can be accelerated? Mr. Longfield stated that the question is what can this project replace; that the key point is to assure the project is in the 2020 Plan; that the priorities can be changed in the future. Commissioner Pillot stated that coordinating the project with a new bridge makes sense. Mr. Longfield stated that available funding is approximately $60 million short on non-state facilities; that the possibility of funding surpluses at the State level exists so that joint- participation agreements may be possible, allowing off system roads to be built with State funds. Mayor Merrill stated that hearing no objections, the Commission supports including the Ringling Causeway, Fruitville Road, U.S. 41 Intersection Improvement Project in the 2020 Plan. Transit Enhancements Mr. Longfield stated that the Sarasota County Transportation Development Plan, which has been supported with the transit dollars available through the year 2025, incorporates evening transit service. Mayor Merrill stated that hearing no objections, the Commission supports evening transit service in the 2020 Plan. City Manager Sollenberger stated that the 2020 Plan includes employment data, which is different than those presented earlier and which were incorporated in the Vision Plan. Mr. Longfield stated that the employment figures are two years old; that the forecast was based on the employment records from State business licensing information, which may be low as small business establishments of under five employees are not included; that the data used in the Vision Plan will be incorporated in the 2020 Plan. 14. NEW BUSINESS: APPROVAL RE: CHILDREN/S WATER FOUNTAIN PLAY AREA GIFT PROPOSAL = APPROVED TO ACCEPT GIFT (AGENDA ITEM VIII-2) # 3 (0475) through (0941) City Manager Sollenberger stated that the Donna Wolf Steigerwaldt Foundation and Jockey International, Inc., located in Kenosha, Wisconsin, would like to extend a gift in the amount of $200,000 toward the construction of a children's water fountain play area to be located in Island Park; that Mrs. Steigerwaldt has wintered in Sarasota for more than 60 years, attended the Out-of-Door Academy and visited annually with her children; that Mrs. Steigerwaldt has donated an interactive children's play fountain, which embraces the concepts proposed for the Sarasota gift, to the city of Kenosha. Mr. Sollenberger continued that the Administration recommends accepting the gift, subject to recommendations from the Parks, Recreation and Environmental Protection Board and design comments from the Public Art Committee (PAC). A videotape of the Kenosha Children's Interactive Play Fountain was presented. Vice Mayor Cardamone stated that she visited West Palm Beach recently and saw a fountain similar in design to the one proposed for Island Park; that everyone was enjoying the use of the fountain; that a children's play fountain in Sarasota will be one Book 39 Page 12630 12/04/95 6:00 P.M. Book 39 Page 12631 12/04/95 6:00 P.M. of the few structures built primarily for the benefit of children; that the entire City benefits when all residents make use of the parks and recreational areas. Commissioner Patterson stated that although the fountain is essentially a water playground and not a work of art, the animal figures included in the design might be interpreted as works of art and should be referred to the PAC; and asked if the animal figures are pre-designed and pre-packaged? Mr. Sollenberger stated that the animal figures are not pre-packaged; that the animal figures for the fountain in Kenosha were custom built; that Mrs. Steigerwaldt feels animal figures are an essential part of an interactive play fountain; that custom-made animal figures can be constructed with recommendations from the PAC. Commissioner Pillot stated that animal figures indigenous to Florida are more appropriate than the animal figures in the Kenosha fountain. David Johnston, Landscape Architect, came before the Commission and stated that the Foundation was consulted regarding which animal figures will be used and agreed that sea animals, i.e., manatees, turtles, etc., are appropriate for Florida. Commissioner Patterson stated that the City's appreciation and gratitude for the gift should be conveyed to the Foundation, especially in light of the recent controversy regarding the fountain being donated by Marina Jack, Inc., and constructed in Island Park at this time. On motion of Vice Mayor Cardamone and second of Commissioner Pillot, it was moved to accept the gift subject to recommendations from the Parks, Recreation and Environmental Protection Board with design comments requested from the PAC. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 15. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 96R-858, CHANGING THE NAME OF KENTUCKY LANE TO SELBY LANE, ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM VIII-3) # 3 (0944) through (0964) City Manager Sollenberger stated that the property owners on Kentucky Lane have requested the street name be changed from Kentucky Lane to Selby Lane. City Auditor and Clerk Robinson read proposed Resolution No. 96R-858 by title only. Mr. Sollenberger stated that the Administration recommends adoption of proposed Resolution No. 96R-858. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to adopt Resolution No. 96R-858 to change the name of Kentucky Lane to Selby Lane. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 16. NEW BUSINESS: DISCUSSION RE: RELOCATION OF THE W.T. ROBARTS MEMORIAL = APPROVED (AGENDA ITEM VIII-4) # 3 (0967) through (1220) David Band, Attorney and Trustee, representing the W.T. Robarts Trust, and Gary Hoyt, Architect, came before the Commission. Attorney Band stated that the W.T. Robarts Memorial Park was constructed in memory of W.T. Robarts, a benefactor of the City; that a request is being made for the City to approve an exchange allowing for the Memorial Park to be relocated westward to a parcel owned by Links Associates which would obtain the vacated parcel; that the vacated parcel will become part of the property proposed for the construction of the proposed Cobb Theatre Complex at Links Avenue. Mr. Sollenberger stated that the Administration supports the request for exchange of the parcels. Commissioner Patterson stated that approval of the exchange should be contingent on approval of the entire Cobb Theatre project. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to approve the exchange of the parcels contingent upon Commission approval of the overall concept of the project and street vacations. Motion carried unanimously (4 to 0): : Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. Mayor Merrill asked if the Memorial Park has been maintained? Attorney Band stated that the Memorial Park is not being maintained at the present time. Mayor Merrill asked if a similar memorial will be built at the new site? Attorney Band stated yes. 17. BOARD APPOINTMENTS: APPOINTMENT RE: NUISANCE ABATEMENT BOARD - APPOINTED SANDRA VAUGHN (AGENDA ITEM IX-1) # 3 (1225) through (1239) Book 39 Page 12632 12/04/95 6:00 P.M. Book 39 Page 12633 12/04/95 6:00 P.M. City Auditor and Clerk Robinson stated that one vacancy exists on the Nuisance Abatement Board. Mayor Merrill asked for nominations. Commissioner Pillot and Vice Mayor Cardamone nominated Sandra Vaughn. Mayor Merrill nominated Ronald Mustari. Mayor Merrill called for a vote on the appointment of Sandra Vaughn. Appointed passed (3 to 0): Cardamone, yes; Patterson, yes; Pillot, yes. 18. BOARD APPOINTMENTS: APPOINTMENT RE: BARASOTA-XANATEE METROPOLITAN PLANNING ORGANIZATION (MPO) = APPOINTED VICE MAYOR CARDAMONE TEMPORARILY (AGENDA ITEM IX-2) # 3 (1246) through (1433) City Manager Sollenberger stated that items of significant importance to the City will be considered at the December 11, 1995, meeting of the Sarasota-Manatee Metropolitan Planning Organization (MPO); that Commissioner Delores Dry will not be able to attend the meeting; that the city should have two voting members in attendance; that an alternate member does not have voting rights; that Commissioner Dry has agreed to relinquish her seat temporarily; that Commissioner Dry will regain her seat on the MPO upon her return; that a recommendation is made to appoint Vice Mayor Cardamone to the MPO Board. Mayor Merrill stated that, hearing no objections, Vice Mayor Cardamone is appointed to the MPO Board temporarily by unanimous consent. 19. OTHER MATTERS /ADMINISTRATIVE OFFICERS - MEETING WITH CITY MANAGER, FACILITATOR, AND CITY COMMISSION TO BE SCHEDULED FOR FIRST WEEK IN FEBRUARY 1996 (AGENDA ITEM XI) # 3 (1450) through (1508) CITY MANAGER SOLLENBERGER: A. stated that a two-day meeting with Facilitator Lyle Sumek can be arranged for February 1996 and presented suggested meeting dates. Mayor Merrill stated that, hearing no objections, the Commission's first choice for the two-day meeting is Friday, February 2 and Saturday, February 3; that the second choice is Thursday, February 1 and Friday, February 2. 20. ADJOURN (AGENDA ITEM XII) # (1509) There being no further business, Mayor Merrill adjourned the regular meeting of December 4, 1995, at 9:58 p.m. DAVID MERRILL, MAYOR ATTEST: Bill E lubenson BILLY EG/ROBINSON, CITY AUDITOR AND CLERK Book 39 Page 12634 12/04/95 6:00 P.M.