BOOK 48 Page 20005 09/05/00 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 5, 2000, AT 6:00 P.M. PRESENT: Mayor Gene M. Pillot, Vice Mayor Albert F. Hogle, Commissioners Mollie C. Cardamone and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT : Commissioner Carolyn J. Mason PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR AUGUST 2000, MICHAEL B. STREHLER, FOREMAN, PUBLIC WORKS DEPARTMENT, STREETS AND HIGHWAY DIVISION #1 (0028) through (0177) Mayor Pillot requested that William Hallisey, Director of Public Works, and Michael Strehler, Foreman, Streets and Highway Division, Public Works Department, join him before the Commission; and requested that Commissioner Quillin join him at the Commission table to make the presentation. City Manager Sollenberger stated that the Employee of the Month for August 2000 is Mr. Strehler. Mr. Hallisey stated that introducing Mr. Strehler to the public is a pleasure; that Mr. Strehler has been employed with the City for 14 years and is a Foreman with the Streets and Highway Department; that Mr. Strehler was a Heavy Equipment Operator at the time of nomination for the August 2000 Employee of the Month; that as a Heavy Equipment Operator, Mr. Strehler distinguished himself as a hard working and dedicated employee; that the factor which sets Mr. Strehler above others is his pride, care, and operation of equipment; that Mr. Strehler's equipment is in the condition. of a shiny, new pennyi that Mr. Strehler has recently been promoted to Foreman and instills pride in his subordinates; that Mr. Strehler's hobby is restoring old cars and is proud of his 1956 Streetrod in mint condition; that Mr. Strehler is a member of the Total Quality Performance (TQP) Customer Service Task Team and is a key member of the Emergency Response Team; that Mr. Strehler's hard work is appreciated; that congratulations are in order. City Manager Sollenberger stated that Mr. Strehler played an important role in taking steps to reduce erosion on Benjamin Franklin Drive during a very destructive storm. Commissioner Quillin presented Mr. Strehler with a City-logo watch, a plaque, and a certificate as the July 2000 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Strehler stated that working as a City employee is appreciated and enjoyed. 2. PRESENTATION RE: ADOPTION OF PROPOSED RESOLUTION NO. O0R-1306, SUPPORTING THE EFFORTS OF SOLUTIONS TO AVOID RED TIDE, INC. (S.T.A.R.T.) TO DEVELOP SOLUTIONS TO AVOID RED TIDE AND THE RESULTING ECOLOGICAL AND ECONOMIC CONSEQUENCES TO THE COMMUNITY; ETC. (TITLE ONLY) = ADOPTED #1 (0177) through (0330) Mayor Pillot stated that the City and nation unfortunately experiences the effects of red tide; that Solutions to Avoid Red Tide, Inc. (S.T.A.R.T.), is an organization working to develop solutions to avoid red tide. Jeremy Whatmough, President/CEO, S.T.A.R.T., came before the Commission and stated that S.T.A.R.T. was formed during the last red tide outbreak in 1995 and 1996 and is working to develop techniques to control and mitigate red tide; that clay can be spread as a slurry on the red tide bloom to control the outbreak; that S.T.A.R.T. deals with the dead fish from the red tide outbreak; that efforts are environmentally safe and do not adversely affect the Gulf of Mexico; that pilot studies are conducted through funding received from various organizations including Sarasota, the State, and various foundations; that S.T.A.R.T. is working hard; that currently, no red tide plagues the City and additional pilot studies cannot be conducted. Mayor Pillot read in its entirety proposed Resolution No. O0R-1306 supporting the efforts of Solutions To Avoid Red Tide, Inc. (S.T.A.R.T.), to develop solutions to avoid red tide DRAFT ONE Page 20006 09/05/00 6:00 P.M. BOOK 48 Page 20007 09/05/00 6:00 P.M. and the resulting ecological and economic consequences to the community. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to adopt proposed Resolution No. O0R-1306. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Pillot, yes; Quillin, yes. Mayor Pillot stated that Commissioner Mason is absent due to attendance at an important meeting and supports Resolution No. O0R-1306. Mr. Whatmough stated that S.T.A.R.T. is truly honored and appreciative of the City's support by adoption of Resolution No. O0R-1306. 3. PRESENTATION RE : CAPITAL IMPROVEMENT PROJECTS STATUS REPORT #1 (0330) through (1013) Mayor Pillot stated that a status report concerning Capital Improvements Program (CIP) projects currently under construction throughout the City will be provided. William Hallisey, Director of Public Works, Douglas Taylor, Deputy Director of Utilities, Duane Mountain, Deputy Director of Public Works, and Dale Haas, Manager, Technical Services Division, Public Works, and Lisa Goodson, Capital Projects Coordinator, Public Works, came before the Commission. Mr. Hallisey stated that presenting the status of various City projects is pleasing; that at least 16 major CIP projects valued at approximately $10.5 million are under construction; that the three types of projects include utility system upgrades, parks improvements, and streetscape projects; that many projects are funded by the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax. Mr. Taylor referred to computer-generated slides throughout the presentation; and stated that the Galvanized Water Line Replacement project is a multi-year project funded through utility revenues for the replacement of small, galvanized water lines common in the 1950s and 1960s; that the project will cost approximately $800,000 per year over the next 3 years; that Pattison Avenue is a street which recently received water line improvements; that the cut to the street will be patched and the street milled and resurfaced; that the trench line will not be visible after the improvements are finished. Commissioner Cardamone asked the type of pipe replacing the galvanized water line? Mr. Taylor stated that the smaller diameter water lines will be replaced with polyvinyl chloride (PVC) pipes; that the 6-inch or larger water lines will be replaced with ductile iron pipes. Mr. Taylor continued that the Seawater Pump Station and Filters, located at the Van Wezel Performing Arts Hall (VWPAH) parking lot, is a Phase I Water Treatment Plant Improvement; that construction has been completed; that painting and detailing has been enhanced with input regarding architectural complements to the VWPAH from Taliesin Associates, Inc.; that filters are being installed at the Water Treatment Plant located on 12th Street; that the new North Water Tower is standing and will be painted with the next 2 weeks; that moving the water tower south will enable the City to complete other improvements in the area; that demolition of the old water tower will take place in late fall 2000; that Sewer System Upgrades are funded annually by approximately $1,250,000 from the utility revenue stream which also funds Inflow and Infiltration projects; that the City will be experimenting with no-dig technology in the Building Sewers Replacement project located in the southwest collection area; that construction of this project will begin in 2001; that the Renovation of Lift Station #30 is taking place on south Boulevard of the Presidents; that the objective for Lift Station #30 is to keep the structure unobtrusive to the surrounding area; that Staff met with the St. Armands Business Association; that a contract exists with a contractor; that construction will begin April 2001. Mr. Mountain stated that the Hog Creek/Pioneer Park project is not a Public Works project and was completed by the Sarasota Bay National Estuary Program (SBNEP), the Engineering Department, and the Florida Department of Transportation (FDOT); that work is complete, clean-up is underway, and a dedication is scheduled for November 2000; that Bayfront Park is currently under construction; that improvements include the reconstruction of the seawall cap, replacement of deteriorated seawall, shoreline protection, re-grading, and new sod; that Ken Thompson Park improvements include the construction of a new roadway, new sidewalks, and parking areas; that the fishing area will be DRAFT ONE Page 20008 09/05/00 6:00 P.M. BOOK 48 Page 20009 09/05/00 6:00 P.M. improved; that underground improvements such as lighting conduits are currently taking place; that Links Park has been dedicated; that Engineering Department Staff provided efforts regarding the project; that W. T. Robarts Memorial Park fountain, handicapped access, and landscaping improvements are funded with a 50/50 grant from the William G. and Marie Selby Foundation (the Selby Foundation); that the improvements will be completed and a dedication will take place in October 2000; that Mary Dean Park improvements will include a new basketball court, landscaping, and lighting. Mr. Haas stated that streetscape projects begin with a concept to beautify a street or neighborhood; that projects include more than planting trees or installing streetlights; that the task of improving streetscapes is challenging due to interests in the rights-of-way by the general public and numerous utilities; that the following projects required utility coordination or relocation; that team- and consensus-building is required from conception to completion of a project; that the East Sarasota Beautification project is located on East Avenue from Grove Street to Hyde Park Street and from Temple Street to Prospect Street; that the project also includes speed table additions and modifications to landscaped areas on Hyde Park Street; that the project is 99 percent complete and should be finished within the next 2 weeks; that the street project associated with the Renaissance of Sarasota project involves Gulf Stream Avenue from Tenth Street to Cocoanut Avenue and Sixth Street from US 41 to US 301; that the most intense areas of construction surround the Renaissance of Sarasota project on Sixth Street from US 41 to Central Avenue and on Cocoanut Avenue from Sixth Street to Tenth Street; that major renovation of utilities has occurred; that most area utilities have updated equipment at the project site; that the project is scheduled for completion by the end of September 2000; that the curb and gutter, sidewalks, and streetlights are in place; that the base is being prepared for asphalt work; that the project includes improvements at the intersection of North Osprey Avenue and Sixth Street consisting of an impressive brick design. Mr. Haas continued that the US 41 project from Gulf Stream Avenue to Tenth Street has been the most challenging project of the summer; that the team-building for the project began in 1999 and was formalized in April 2000; that a coordination project known as the West Downtown Revitalization Project involves neighboring construction projects and ensures access to local businesses; that the Engineering Department, Department of Neighborhood Development, FDOT, and the contractor have been of considerable help in the progress of the project; that utility conflicts during project included water lines, sewer lines, stormwater mains, a Florida Power and Light (FPL) prima ry conduit, Verizon telephone conduits and cables, Comcast Cablevision of West Florida, Inc. (Comcast), conduits and a gas line within the intersection of US 41 and Sixth Street; that the phase involving relocation of utilities has been completed; that the contractor is working on restoration of the intersection; that the schedule will allow opening US 41 on October 7, 2000; that the resurfacing and milling phase will be completed from October 9 through 31, 2000; that the Street Tree program is a 10-year program funded with L.O.S.T. funds and designed to provide trees in the public rights-of-way at the request of homeowners who agree to water the trees for the first 12 weeks; that over 2,000 trees have been planted around the City through the Street Tree program in 2000; that the Street Milling and Resurfacing project is an annual program funded by L.O.S.T. and Gas Tax funds; that streets are evaluated by criteria concerning pavement condition and traffic loads; that the most recent project presented for bids will resurface approximately 12 miles of City streets. Mr. Hallisey stated that 12 projects are scheduled for the upcoming year totaling approximately $12 million; that the Water Treatment Plant Improvement project is a $5 million improvement to the Reverse Osmosis (RO) system; that the Ringling Causeway Bridge water main will be replaced regardless of the future of the Bridge; that Ken Thompson Park Phase II will include renovation of existing boat ramps and installation of new restrooms; that development of Water Tower Park will include new restrooms, walking and fitness trails, and a tot lot; that the Sarasota Sky Pilots Disc Golf Club will still be able to enjoy disk golf; that Park East Neighborhood Streetscape designs will be coordinated and brought before the Commission; that the Tony Saprito Municipal Fishing Pier requires renovation; that the St. Armands Circle Sidewalk project will include replacing sidewalks and the addition of new lighting; that the project is a joint partnership with the St. Armands Business Association which is funding the project; that the City will reimburse the St. Armands Business Association over a 3-year period; that the Main Street Streetscape project will be further developed as the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan) is updated; that ongoing projects include the following: DRAFT ONE Page 20010 09/05/00 6:00 P.M. BOOK 48 Page 20011 09/05/00 6:00 P.M. Galvanized Water Line Replacement - Sewer System Upgrades - Street Tree Program Street Milling and Resurfacing Mr. Hallisey continued that the projects are completed with the team efforts of all City departments; that the Office of the City Auditor and Clerk provides assistance with advertising and agendas, the Finance Department develops financial plans, the Engineering Department coordinates work on the streets, and the Department of Neighborhood Development has helped to bring certain projects to fruition and coordinates public outreach; that the efforts of the Department of Building, Zoning and Code Enforcement and the Office of Housing and Community Development are appreciated; that the City Manager's Office is appreciated for the guidance and patience provided; that the public perception towards the improvements has been positive; that the City is looking forward to another good year. Commissioner Cardamone stated that the improvement projects presentation is impressive; that indicating the symbol of a penny next to each project financed by L.O.S.T. funds is appreciated; that signage should be developed to illustrate to the public the manner in which L.0.S.T. funds are being utilized; that some projects have been omitted from the presentation such as the streetlight program which is a significant program, well-received, and sought after by local residents; that East Avenue improvements are impressive; and asked if the Seawater Pump Station and Filters architecturally designed by Taliesin Associates, Inc., will be painted purple? Mr. Taylor stated yes. Mayor Pillot stated that the Street Tree project was initiated and supported by previous Mayor and current Commissioner Cardamone. City Manager Sollenberger stated that projects managed by Public Works is impressive; that projects managed by the Engineering Department will be brought to the Commission for presentation in the future; that the community is receiving many improvements. 4. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (1013) through (1086) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Consent Agenda 1, Item No. III A-8, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Eighth Amendment to Agreement for Engineering Services with Coastal Planning and Engineering, Inc., (CPE) for the Lido Beach Federal Renourishment Project", per the request of City Engineer/Director Daughters. B. Add under Consent Agenda 2, Item No. III B-4, Adoption Re: Proposed Resolution No. O0R-1307, authorizing the Executive Director of the Van Wezel Performing Arts Hall to sign a grant agreement for the project 1 The Selby Education Center at the Van Wezel Performing Arts Hall," in the amount of $500,000, per the request of Van Wezel Performing Arts Hall Executive Director Mitchell. C. Remove Unfinished Business, Item No. VI-1, Approval Re: Proposed Amendment to the City's purchase agreement with Harvey and Carol Vengroff, per the request of Joel Freedman, agent for Harvey Vengroff. D. Remove Unfinished Business, Item No. VI-2, Approval Re: Proposed Amendment to the City's purchase agreement with the Rivers brothers, per the request of Neighborhood Development Director Horwedel. E. Add under Unfinished Business, Item No. VI-3, Discussion Re: Renovation of City Commission Chambers, per the request of Commissioner Cardamone. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Cardamone, yesi Hogle, yes; Quillin, yes; Pillot, yes. 5. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 21, 2000 APPROVED (AGENDA ITEM I) #1 (1086) through (1093) Mayor Pillot asked if the Commission had any changes to the minutes. Mayor Pillot stated that hearing no changes, the minutes of the August 21, 2000, Regular Commission meeting are approved by unanimous consent. DRAFT ONE Page 20012 09/05/00 6:00 P.M. BOOK 48 Page 20013 09/05/00 6:00 P.M. 6. REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF AUGUST 8, 2000 = SET HISTORIC DESIGNATION APPLICATION NO. 00-HD-07 FOR PUBLIC HEARING; RECEIVED REPORT (AGENDA ITEM II) #1 (1093) through (1173) Christopher Wenzel, Chairman of the Historic Preservation Board, and Jane Robinson, Director of Planning and Development, came before the Commission. Mr. Wenzel presented the following items from the August 8, 2000, Regular meeting of the Historic Preservation Board: A. Historic Designation Application No. 00-HD-07 Re: The DeVries-Craig Residence 175 Morningside Drive Mr. Wenzel stated that Staff from the Sarasota County Department of Historical Resources determined that the structure located at 175 Morningside Drive exemplifies the broad cultural, political, social, and economic history of the City by representing the style of home built during the time of the post World War II building boom, embodies the distinctive visible characteristics of the Sarasota School of Architecture, and represents the work of architect Tim Seibert, whose accomplishments were recognized by the American Institute of Architects (AIA) through his election to their College of Fellows in May 1998 and his receipt of the AIA Test of Time in 1999 for the John D. McDonald House; that the Historic Preservation Board unanimously recommends historic designation of the structure located at 175 Morningside Drive, which meets the following criteria listed under Section IV-806(A) of the Zoning Code (1998): 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota County, the State of Florida, or the United States of America; and 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction; and 5. Represents the work of a designer or builder whose work has been generally acknowledged. On motion of Commissioner Quillin and second of Commissioner Cardamone, it was moved to set Historic Designation Application No. 00-HD-07 for public hearing. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Quillin, yes; Pillot, yes. On motion of Commissioner Quillin and second of Vice Mayor Hogle, it was moved to receive the report of the August 8, 2000, Regular meeting of the Historic Preservation Board. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Quillin, yes; Pillot, yes. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5,6, 7 AND 8 - APPROVED ; ITEM NO. 4 - DELAYED DISCUSSION UNTIL AGENDA ITEM VI-3 (AGENDA ITEM III-A) #1 (1173) through (1210) Commissioner Cardamone requested that Item No. 4 be removed for discussion. 1. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and McLeod Land Services, Incorporated, Sarasota, FL, (Bid No. 00-1H) for the Municipal Sidewalks Project in the amount of $263,920.50 2. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Tampa Contracting Services, (Bid No. 00-50M) for the site improvements to Mary Dean Park, in the amount of $83,351.00 3. Approval Re: Authorize the Administration to amend the contract between the City of Sarasota and Bayou Oaks Limited changing the definition of elderly to 55 and older in conformance with the Florida Housing Finance Corporation's definition 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute Quitclaim Deed between the City of Sarasota, George Ray and Hughie Ray, Owners of the Orange Avenue Mobile Home Park for the north one-half of the portion of 16th Street which has been vacated by the City 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Tampa Bay Multi-Agency Gang Task Force Mutual Aid Agreement and Memorandum of Understanding DRAFT ONE Page 20014 09/05/00 6:00 P.M. BOOK 48 Page 20015 09/05/00 6:00 P.M. 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the proposed Amendment to City/County Stormwater Interlocal Agreement 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Eighth Amendment to Agreement for Engineering Services with Coastal Planning and Engineering, Inc., (CPE) for the Lido Beach Federal Renourishment Project On motion of Commissioner Quillin and second of Vice Mayor Hogle, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 5, 6, 7 and 8. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Quillin, yes; Pillot, yes. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a professional services contract between the City of Sarasota and Barger and Dean Architects, Inc., (R.F.P. No. 00-66H) to provide architectural and design services relative to the Restoration and Renovation of the Historic Federal Building for use by the City of Sarasota as an annex to City Hall operations Commissioner Cardamone stated that a delay in the discussion of Consent Agenda No. 1, Item No. 4, is requested until Unfinished Business, Agenda Item VI-3, is discussed. Mayor Pillot stated that the Commission's consensus is to delay discussion of Consent Agenda No. 1, Item No. 4, until after Unfinished Business, Agenda Item VI-3, is discussed. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1305) ADOPTED; ; ITEM 2 (ORDINANCE NO. 00-4246) - ADOPTED; ITEM 3 (ORDINANCE NO. 00-4260) - ADOPTED; AND ITEM 4 (RESOLUTION NO. O0R-1307) - ADOPTED (AGENDA ITEM III-B) #1 (1210) through (1347) 1. Adoption Re: Proposed Resolution No. O0R-1305, establishing a Travel Policy for City Commissioners; making findings; etc. (Title Only) 2. Adoption Re: Proposed Ordinance No. 00-4246, amending Chapter 10, Division 2, Section 10-41(a) of the Sarasota City Code relating to speed limitation on watercraft in certain areas; to prohibit the operation of watercraft powered by motor or engine in excess of slow speed in such areas; to provide for a definition of slow speed by incorporation by reference from the Florida Administrative Code; providing for the repeal of ordinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; etc. (Title Only) 3. Adoption Re: Proposed Ordinance No. 00-4260, amending the Transportation Chapter of the Comprehensive Plan of the City of Sarasota (a/k/a the Sarasota City Plan [19981) to revise Action Strategy 1.14 regarding encroachments in the public right of way in accordance with City-initiated Comprehensive Plan Amendment Application No. 99-PA-02 as more fully specified herein; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) 4. Adoption Re: Proposed Resolution No. O0R-1307, authorizing the Executive Director of the Van Wezel Performing Arts Hall to sign a grant agreement for the project "The Selby Education Center at the Van Wezel Performing Arts Hall," in the amount of $500,000, etc. City Auditor and Clerk Robinson read proposed Resolution No. O0R-1305 and Ordinance Nos. 00-4246 and 00-4260 by title only and O0R-1307 in its entirety. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 2, 3 and 4. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0) : Hogle, yes; Pillot, yes; Quillin, yesi Cardamone, yes. Mayor Pillot requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that non quasi-judicial public hearings, which includes the public hearings concerning the budget, are held by the Commission while acting in the capacity of a legislative body; that during the quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi-judicial public hearings will be made at the appropriate time; that speakers may DRAFT ONE Page 20016 09/05/00 6:00 P.M. BOOK 48 Page 20017 09/05/00 6:00 P.M. request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross- examination. Mayor Pillot requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. 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 at the non quasi-judicial public hearings will have 5 minutes to speak; 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. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4264, ADOPTING A BUDGET FOR THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001; ETC. (TITLE ONLY) ADOPTED WITH THE REINSTATEMENT OF $5,000 TO THE HUMANE SOCIETY OF SARASOTA COUNTY, INC., AND $25,000 TO THE PROFESSIONAL ALLIANCE OF THE PERFORMING ARTS (PAPA) (AGENDA ITEM IV-A-1) #1 (1439) through #2 (1410) Mayor Pillot stated that proposed Ordinance No. 00-4264 is to adopt a budget for the City of Sarasota for the fiscal year (FY) beginning October 1, 2000, and ending September 30, 2001. Gibson Mitchell, Director of Finance, came before the Commission and stated that the public hearing is the first of two required public hearings for the adoption of the proposed budget for FY 2000/01; that proposed Ordinance No. 00-4264 is to adopt a budget for the City of Sarasota for the FY beginning October 1, 2000, and ending September 30, 2001; that the proposed budget for FY 2000/01 requires an increase in the current operating millage of 2.1051 mills to 2.4926 mills; that the proposed operating millage of 2.4926 is a reduction of 0.0125 mills from the 2.5051 mills originally proposed in the 2000 budget workshops and certified to the County Property Appraiser and Tax Collector on July 20, 2000; that the millage adjustment reduces General Fund revenues by $42,000 to correspond with the removal during the FY 2000/01 Budget Workshops of $42,000 in budgeted expenditures for special services agencies; that the Truth in Millage Bill requires the proposed operating millage rate for ad valorem taxes be measured in terms of the roll-back rate; that the roll-back rate is the millage rate necessary to yield the same ad valorem tax revenue as generated in the FY 1999/2000 budget; that the preliminary certification of taxable value is $3,769,708,957 which is $254,875,715 or a 7.25 percent increase over the previous year's taxable value; therefore, the roll-back rate is 1.9769 mills; that the proposed operating millage rate of 2.4926 mills is a 26.09 percent increase over the roll-back rate; that the proposed operating millage of 2.4926 mills will yield $8,377,024 in additional tax revenue for the General Fund which is an increase of $1,856,684 over the FY 1999/2000 budget; that the voted debt service millage is 0.7688 mills, a 10.1 percent decrease from the current debt service millage of 0.8550 mills; that the total millage required to finance the proposed budget is 3.2614 mills for FY 2000/01 versus 2.9601 mills for FY 1999/2000, an increase of 0.3013 mills or 10.18 percent; that the impact of the millage increase to the average owner-occupied, taxable home of $134,741 within the City, valued at $109,741 after the homestead exemption, will be $33.06; and distributed a graph indicating the millage history of the City from FY 1991/92 to FY 2000/01 indicated by operating, debt service, and total millage. Mr. Mitchell continued that a steady decline in the total millage rate is visible on the graph; that in November 1995 the Administration pledged to reduce the operating millage to 2.1051 mills in a 5-year period; that the graph indicates the City accomplished the reduction as well as reducing the debt service millage thereby reducing the total millage; that the commitment was met with a price; that the FY 1999/2000 budget was adopted with a $342,000 deficit; that the Administration was not able to provide the Commission funding for the necessary operations and services for the public; that the Administration presented a budget for FY 2000/01 which would adequately provide funding for all desired operations and services; and distributed a chart indicating the major increases to the FY 2000/01 operating budget (chart) as follows: Millage Requirement Proposed additional 0.3013 mills property tax Federal Building 0.1323 m Redevelopment Department (net of Tax Increment 0.0744 m Financing (TIF) Transfer) FY 1999/2000 Deficit 0.1020 m Comprehensive Master Redevelopment Plan for 0.0396 m Newtown DRAFT ONE Page 20018 09/05/00 6:00 P.M. BOOK 48 Page 20019 09/05/00 6:00 P.M. Downtown Association Funding 0.0149 m Total Mills 0.3632 m Proposed Mills 0.3013 m Mr. Mitchell further stated that funding a budget by a deficit balance reaches into a one-time revenue which is repeated annually unless budget cuts are made. Commissioner Quillin stated that Staff has been consulted regarding personal questions; that the operation costs of the City have increased by 19 percent over the previous fiscal year; that many constituents have expressed concern regarding the 19 percent increase; and asked if the City's deficit for FY 1999/2000 will be offset by an increase in revenues for FY 1999/2000? Mr. Mitchell stated that an increase in revenues for FY 1999/2000 is expected; however, Staff cannot confirm the revenues will offset the City's deficit. Commissioner Quillin distributed a handout entitled "City of Sarasota 2000-01 Operating Budget or Is It?" (handout); and stated that all figures referenced come from the General Fund recap of the Operation Overview; that the difference between the FY 1999/2000 budget and the FY 1999/2000 Estimate of Actual is $827,336 in increased revenue. Mr. Mitchell stated that the figure of $827,336 was reported to the Commission during the FY 2000/01 Budget Workshops and in the July 2000 Financial Statement. Commissioner Quillin referred to the following calculations from the handout: Revenues FY 1999/2000 Estimate of Actual $33,939,802 Budget 33,112,466 BALANCE 827,336 Revenues over Budget Budget Deficit -342,828 Balance Increase + $484,508 Unreserved Fund Commissioner Quillin asked if the unbudgeted item of $484,508 will be placed in the Reserve Fund? Mr. Mitchell stated the $827,336 will fall to the Fund Balance. Commissioner Quillin referred to following calculations from the handout: Reserved for Carryovers FY 1998/99 Actual Reserved for $5,960, 434 Carryovers FY 1999/00 Estimate of Actual $5,960,434 Reserved for Carryover FY 2000/01 Reserved for Carryovers $7,093,434 DIFFERENCE $1,133,000 Commissioner Quillin stated that the difference of $1,133,000 is an unexplained increase in carryovers. Mr. Mitchell stated that the increase consists of the $356,000 special appropriation approved by the Commission for the renovation of the Commission Chambers; that $827,000 has been set aside for the anticipated loss of the Van Wezel Performing Arts Hall (VWPAH). Commissioner Quillin asked the amount overbudget for FY 1999/2000? Mr. Mitchell stated an explanation is not available until further review of the handout can be conducted. Mayor Pillot stated that 2 weeks remain before the second public hearing regarding the proposed budget for FY 2000/01 during which time Staff can be consulted concerning questions. Commissloner Quillin stated that an increase of $1,133,000 in carryovers remains unexplained; and asked the source of the carryovers? Christopher Lyons, Deputy Director of Finance, came before the Commission and stated that a carryover is unspent funding from a proceeding FY; that an example is the Sarasota Police Department's Visionair Records Management System; that all factors did not come together by the end of September 30, 1999, resulting in a carryover of funding; that the large increase in carryovers for FY 2000/01 is due partially to the Police Department's carryover. Mayor Pillot asked if the funding must be carried over in the event a commitment is made to complete a project in one FY but continues to the following FY? DRAFT ONE Page 20020 09/05/00 6:00 P.M. BOOK 48 Page 20021 09/05/00 6:00 P.M. Mr. Lyons stated yes; that generally the carryover fund balance is not changed for each FY; that the increase in the carryover fund is partially due to the special appropriation for the renovation of the Commission Chambers; that the required funding must be estimated; that the VWPAH deficit will be repaid over the next few years instead of taking funds from the Fund Balance; that overstating the Fund Balance by approximately $800,000 would not be preferred especially if the VWPAH could not repay the deficit; that Staff does not wish to present a substandard Fund Balance to the Commission; that the carryover amount would be decreased by $800,000 if the approximately $800,000 were taken from the Fund Balance; that a list of the carryovers was requested by Commissioner: Quillin; that a specific line item detail is available for each carryover item; that Staff is not hiding any expense. Mayor Pillot stated that the carryover amount is established by scheduled projects continuing into a following FY and approved projects for a following FY for which the cost is not yet known. Mr. Lyons stated that estimations are necessary for other situations such as lawsuits; that overestimating is not desired. Mr. Mitchell stated that Staff must approach the Commission for an appropriation from the Fund Balance if estimated figures are not correct; that estimating fund amounts does not eliminate the procedure of requesting approval from the Commission for appropriations. Commissioner Quillin asked if approval for items on the carryover list is later requested from the Commission? Mr. Mitchell stated that is correct. Commissioner Quillin stated that the carryover list has been reviewed; that the approximately $5 million line item is not reviewed by the Commission unless a detailed list is requested; that an item on the carryover list is $209,000 for a generator; that reserves are for emergencies; that some items can be taken from carryover and placed in the Reserve Fund; that Staff should review items and determine the items no longer appropriate for the carryover account; that the City should exercise performance-based budgeting. Mr. Mitchell stated that private auditors do not accept reserves as a part of the Fund Balance; that Staff requests Commission approval for spending funds and is not hiding any funds; that the figures represent unencumbered funds. Commissioner Quillin stated that the budget is not presented as clear as is possible; that she believes Staff is looking out for the City's best interests; that the carryover list cannot personally be explained. Mr. Mitchell distributed a pamphlet entitled "Summary of the Proposed 2000-20001 Budget" which is available for the public's information. Commissioner Cardamone asked for clarification of the budget process. Mayor Pillot stated that each year the Commission is presented a large Budget book including the budget for each department; that during budget workshops each department budget is analyzed and questions are answered by the Administration and Staff; that modifications are made to departments; that the Administration and Staff offer conservative budgets each yeari that modest cuts are made to the budget to keep the millage rate down as is the case for FY 2000/01. Mayor Pillot opened the public hearing. The following people came before the Commission: John Jacobson, 1249 Second Street (34236), Employee, Florida Studio Theatre, representing Professional Alliance of the Performing Arts (PAPA), Gretchen Serrie, 636 Mecca Drive (34234), representing PAPA, Bobby Prince, 330 S. Pineapple Avenue (34236), representing Jazz Club of Sarasota and PAPA, Donna Gerdes, 5555 US 41 (34243), representing Asolo Theatre Company and PAPA, Laura Breeze, 5129 Willow Links (34235), representing the Sarasota Opera and PAPA, and Maestro Robert DeWarren, 5555 US 41 (34243), representing the Sarasota Ballet and PAPA. Mr. Jacobson stated that the opportunity to present to the Commission prior to the public hearing was not known; that the concern is the elimination from the proposed FY 2000/01 budget of annual funding received by PAPA from the City since 1977; that PAPA represents the Asolo Theatre Company, the Florida Studio Theatre, the Florida West Coast Symphony, the Jazz Club of Sarasota, Inc., the Sarasota Ballet of Florida, the Sarasota Opera Association, Inc., and the Sarasota Concert Band, Inc.; DRAFT ONE Page 20022 09/05/00 6:00 P.M. BOOK 48 Page 20023 09/05/00 6:00 P.M. that every year since 1977, PAPA has been appropriated $25,000 which is utilized to obtain matching funds from the Sarasota Board of County Commissioners (BCC); that the funds provide free programming to citizens who cannot afford to attend PAPA programs; that the arts are not an elite organization; that $25,000 impacts many people who otherwise could not afford to attend PAPA productions; that the estimated impact of PAPA on the area economy is $72.8 million; that PAPA works with area schools and human service organizations such as the Manasota Lighthouse for the Blind; that PAPA is working with more human service organizations each yeari that the City should be concerned for the individuals who cannot afford to attend the arts; that Sarasota is considered the "cultural center of Florida"; that allocation of $25,000 is requested; that the grant will be taken before the BCC for a request to match the funds so programming for children and adults who cannot afford attending can continue. City Manager Sollenberger stated that restoring the $25,000 to the budget should involve an adjustment to the millage; that the millage advertised to the public is higher than the rate approved by the Commission. Mayor Pillot stated that by law, the Commission may not increase a millage rate set during budget deliberations unless a certified letter is sent to every registered voter or individual within the City; that the Commission eliminated any cost possible to decrease the millage. Commissioner Quillin stated that objections were raised regarding failure to notify the organizations affected by the elimination of funding; that the community receives benefits from the organizations; that a personal preterence is to remove a $209,000 generator from carryover to ensure the special service agencies are funded; that personal time is offered to ensure the proper organizations are funded and extraneous expenses are removed from the proposed FY 2000/01 budget. Maestro Dewarren stated that children from at-risk families are exposed to the arts; that a 7-year, free program for at-risk children is Dance Next Generation (DNG) consisting of 90 children; that an additional 1,000 children are provided exposure to the arts due to the City grant; that the PAPA programs have entertainment value and social significance. Mr. Jacobs stated as a "City of the Arts," the City should realize the impact of arts on individuals' lives. Axel Lohrisch, 1364 Harbor Drive (34239), stated that Commissioner Quillin's comments regarding the proposed budget for FY 2000/01 are appreciated; that a budget without a large millage increase is requested; that 26 percent is not a modest increase; that local newspapers are the main source of information regarding Commission business; that the City is not managing money in an impressive manner; that the attitude of the Commission is not impressive; that the taxpayers have no say regarding the millage increase; that the increase is not affordable; that the cost overrun regarding the VWPAH project communicates a poor attitude regarding the management of public funds; that the Commission should voluntarily manage the City with less funding; that spending is easy; that taxpayers would appreciate the City's not requesting additional funds; that many projects conducted by the City have a positive impact; that in a business metaphor, the citizens are shareholders; that the millage rate established for FY 1999/2000 was acceptable; that the City is experiencing increased property values; that the City should manage the budget in a more cost effective manner; that government is different from business; however, a more business-like approach to the budget is desired; that a reduction in the millage is desired. Mayor Pillot stated that the comments made were articulate; that the 26 percent increase is over the roll-back rate; however, the overall millage rate has increased by 10.1 percent; that the Truth in Millage rate is established to reflect increased property values; that the VWPAH Executive Director made a mistake in attempting to keep the VWPAH running for the citizens of the community. Commissioner Quillin stated that the millage rate has increased by 10.1 percent if ad valorem and debt service are considered; however, the operating cost of the City has increased by 19 percent which is personally opposed. Gary Dumis, 2331 15th Street (34237), representing the Humane Society of Sarasota County, Inc., stated that the historical support provided to the Humane Society is appreciated; that the incredible challenge of operating with a budget and the continuous evaluation of expenditures and efficiency of tax revenue is appreciated from the perspective of a taxpayer and businessman; that the $5,000 grant provided to the Humane Society over the years is a very effective and efficient way to DRAFT ONE Page 20024 09/05/00 6:00 P.M. BOOK 48 Page 20025 09/05/00 6:00 P.M. spend City funds; that statistics from 1999 would be valuable for the Commission; that 1,910 homeless animals were taken in from residents of the City which is 46 percent of the 4,146 animals received last year; that approximately $360,000 of the $700,000 annual operating budget was spent on taking in and caring for animals, providing medical treatment, and in efforts to have the animals adopted; that the remaining portion of the operating budget is spent on the prevention of the homeless animal problem through education as well as pet-related therapies; that the City is allowing the Humane Society to spend $2.62 per animal received from City residents; that the Humane Society's budget is $86 per animal; that providing $5,000 for the care of 1,910 animals is an extremely cost effective method of spending funds; that funds provided by the City help the Humane Society to remove aggressive or dangerous animals from the community to prevent adverse effects on the public; that diseased animals which can potentially spread disease to other residents' pets are removed from the community, reducing zoonosis which spreads disease from animals to people; that funds are spent to educate the public to arrest the growth of the homeless animal population; that programs have resulted in the education of 2,500 the City's resident children regarding responsible and safe pet ownership; that children are educated regarding the proper procedures for approaching animals on the streets; that collaborations and partnerships with Booker High School, Southside Elementary School, Tuttle Elementary School, the Girls Scouts of Gulfcoast Florida, Inc., the Boy Scouts of America, Southwest Florida Council, Forty Carrots Preschool and Parenting Center, Sarasota Day Nursery Head Start, the YMCA shelter, etc., have been made to leverage the $5,000 with existing programs at each location to accomplish the missions of prevention and education; that the $5,000 helps to fund programs provided to every fourth grade classroom in the Cityi that $5,000 in a $700,000 budget may not seem much; however, the Humane Society is fighting for every penny to make area programs successful. Rita Roehr, 3740 Glen Oaks Manor Drive (34232), former Commissioner and Mayor, stated that the Department of Redevelopment and Development Services is not supported; that the general public's garbage service has been reduced; that higher Fire Department fees and drainage fees are being paid to the County; that the citizens of the City are taxed volunteers; that the Department of Redevelopment and Development Services should be deleted from the budget; that funds should be spent on bringing the arts to the community. There was no one else signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinançe No. 00-4264 by title only. Mayor Pillot stated that clarification of the procedure of reading an ordinance during a public hearing would be appreciated for the benefit of the public. City Auditor and Clerk Robinson stated that Florida Statutes provide that all ordinances and resolutions can be read by title only if posted on the bulletin board at City Hall at least 3 days in advance of the public hearing; that an ordinance or resolution not posted 3 days in advance must be read in its entirety. Mayor Pillot asked if the Commission can make changes to the budget during the 2 weeks between the public hearings? City Manager Sollenberger stated yes; however, the City would be required to send notification by registered mail if the Commission makes changes increasing the certified millage rate. Mayor Pillot stated that changes can be made to add, delete, or move certain budget items as long as the certified millage rate is not increased. City Manager Sollenberger stated that is correct; that the Administration recommends passing proposed Ordinance No. 00-4264 on first reading. On motion of Vice Mayor Hogle and second of Mayor Pillot who passed the gavel to Commissioner Cardamone, it was moved to pass proposed Ordinance No. 00-4264 on first reading with the reinstatement of $5,000 to the Humane Society of Sarasota County, Inc., and $25,000 to the Professional Alliance of the Performing Arts (PAPA). Vice Mayor Hogle stated that presentations were provided by Staff regarding the allocations of unclassified funds; that Staff contacted the special services agencies for which funding was eliminated from the budget; that the Commission has not entertained new requests for special service agency funding which is referred to the Countyi that continuing projects funded DRAFT ONE Page 20026 09/05/00 6:00 P.M. BOOK 48 Page 20027 09/05/00 6:00 P.M. for many years such as PAPA and the Humane Society and function in many areas of the community is supported; that the budget should be approved. Mayor Pillot asked the legal latitude the Commission has to increase the budget during the public hearing while avoiding an increase in millage? Mr. Mitchell stated that the amount is $42,000. Commissioner Cardamone stated that the motion increases the budget by $30,000. Mayor Pillot asked if funding for other special service agencies historically supported was eliminated from the budget? Mr. Mitchell stated that funding for the Child Development Center was also eliminated in the proposed FY 2000/01 budget. Commissioner Quillin stated that reconsideration to reinstate funding to special services agencies is pleasing; that a $209,000 generator should be removed from carryover before cutting funds to special services agencies serving the community; that over $5 million in carryover funds were not reviewed during the FY 2000/01 Budget Workshops; that the list was furnished only by personal request; that a review of the list by the Commission is requested; that taxpayers were promised a decrease in the millage from the consolidation of the Fire Department and Communications with Sarasota Countyi that the millage has decreased annually until FY 2000/01; that a 2.1 millage rate has been promised to the community; that the City no longer supports a Fire Department, Communications, Stormwater Management, or Parks and Recreation which is an equivalent cost of over $9 million no longer necessary in the City's annual budget; that the City has reserves of only approximately $3 million; that performance-based budgeting has continually been personally requested to better illustrate the use of tax dollars; that an increase of over $800,000 does not truly reflect the FY 1999/2000 deficit; that revenues are compensating for the FY 1999/2000 deficit budget; that over $5 million in carryover funds could have been utilized to balance the FY 1999/2000 deficit budget; that the reconsideration of adding the $30,000 for special services agencies is appreciated; that line items in the carryover funds should also be reconsidered to provide additional funds for tax relief to the citizens. Mayor Pillot stated that refusing to examine the carryover list would not be responsible; that personal qualifications to determine which line items can be responsibly removed from carryover does not exist; that the Administration may review and explain each line item on the list; that the $209,000 generator is important in the event of a hurricane; that the budget of the School Board of Sarasota County was a personal responsibility and privilege for approximately a decade; that the School Board's budget was larger than the City's budget; that personal knowledge concerning budgets was gained during his tenure as Superintendent of Schools; that wishes are the School Board budget had been as easy to read as the proposed FY 2000/01 budget presented by Staff; that unlimited confidence in Staff's abilities exists; that the Commission should consider any recommendation by Staff for removing line items from carryover. Vice Mayor Hogle stated that the list has been personally reviewed; that the list will be re-reviewed with Staff before the next public hearing; that the Sarasota Police Department has a generator; that City Hall is in need of a generator; that purchasing a generator is recommended; that in retrospect, the millage rate should have been slightly higher for FY 1999/2000; that approving the proposed millage rate will end the annual fluctuations in the millage rate and provide for smooth budget maintenance. Commissioner Quillin stated that emergency management is established with the County; that City taxpayers should not be required to purchase a generator for City Hall; that taxable value since FY 1991/92 has increased $1.2 billion; that the City does not lose in consolidating departments if providing tax relief to citizens; that the City should explain to the public the 19 percent increase in operating costs; that the proposed Department of Redevelopment and Development Services budgeted for approximately $500,000 has no established criteria; that TIF funds can be used to hire a Director for the Department of Redevelopment and Development Services who can establish criteria for the department; that the list reflects carryover funds as of the end of FY 1999/2000; that a portion of the approximately $6 million in carryover has been spent; that Staff is projecting a carryover amount of approximately $7 million for FY 2000/01; that the list requires review; that the list contains approved expenditures from previous FYs; that a municipality normally carries 1/12 of the operating budget in carryover; that the City is carrying considerably more; that 1/12 of the City's operating budget is approximately $3.5 million rather than $7 million; that a workable budget can be developed to meet the goals of the City; that DRAFT ONE Page 20028 09/05/00 6:00 P.M. BOOK 48 Page 20029 09/05/00 6:00 P.M. performance-based budgeting may foster additional support from the taxpayers due to the information provided; that reconsideration for lowering the millage rate is requested; that reinstating the funding for special services agencies is appreciated. Commissioner Cardamone stated that accomplishing the goal of keeping the millage rate low required the FY 2000/01 budget be reduced; that support exists for the special services agencies for which the funding was eliminated from the FY 2000/01 budget; that the special services agencies never approached the Commission to request support during the FY 2000/01 Budget Workshops; that City funds should not be thrown at special services agencies; that the City has never received an accounting of the manner in which special services agency funds are spent; that little evidence was provided to justify the allocation of funds to special services agencies; that 7 years of the budget process have been personally experienced; that comments provided by Commissioner Quillin have never before been received; that answers to Commissioner Quillin's questions should be provided by the Administration and Staff at the September 18, 2000, public hearing concerning the budget; that erroneous statements made regarding the FY 2000/01 budget can be refuted; that reading Commissioner Quillin's handout is difficult; that the handout should be reviewed; that qualms do not exist regarding the budget increase; that the millage rate was approximately 6.5 mills during the first year of personal service as a Commissioner; that the millage rate has fallen to 2.9601; that an increase to 3.2614 mills is not excessive; that comments provided by the public are valid; however, the people governing may not always agree with the public's comments; that establishing a department to organize redevelopment efforts has been a goal for many years; that a construction crane is visible on every corner; that City growth has taken place without the support of a Redevelopment Director to advance redevelopment efforts which can be corrected in the FY 2000/01 budget; that the City of Sarasota with a population of approximately 51,000 has the smallest millage of any Florida city of similar size; that the City accomplishes many tasks with the low millage rate and should be proud; that the inclusion of funding for the special services agencies is supported; that City residents donate money to special services agencies twice through County and City taxes; that benefits from special services agencies are felt throughout the community. Commissioner Cardamone called for a vote on the motion to pass proposed Ordinance No. 00-4264 on first reading with the reinstatement of $5,000 to the Humane Society of Sarasota County, Inc., and $25,000 to the Professional Alliance of the Performing Arts (PAPA) and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (3 to 1) : Pillot, yes; Quillin, noi Cardamone, yes; Hogle, yes. Mr. Mitchell asked for clarification of the millage rate approved? Mayor Pillot stated that funding of $30,000 for the special services agencies will come from a source other than increasing the millage rate; that the motion approved the Administration's recommendation; therefore, the millage rate cannot be increased; that funding can come from reserves. Mr. Mitchell stated that a budget can be produced with a $30,000 deficit; that the required newspaper advertisement for the second public hearing should not reflect an incorrect millage rate. Vice Mayor Hogle stated that personal intentions were to fund the $30,000 from other than an increase in the millage rate. Mayor Pillot agreed. Commissioner Quillin stated that the purchase and maintenance of the Federal Building is part of the millage increase in the presented FY 2000/01 budget; that the purchase of the Federal Building is a capital expense and should be included in debt service; that a request is to move the purchase of the Federal Building from operating expenses to debt service. Mayor Pillot asked if the Federal Building would cost considerably more if purchased through bonded indebtedness. City Manager Sollenberger stated that the debt service is for voter-approved debt; that the funding for the purchase of the Federal Building was not voter-approved debt; that the funding for the Federal Building is from operating expenses rather than debt service; that a response can be provided to the questions raised regarding the carryover list if desired. Mayor Pillot stated that the personal preference is to continue with the long Agenda; that a number of public hearings are scheduled. DRAFT ONE Page 20030 09/05/00 6:00 P.M. BOOK 48 Page 20031 09/05/00 6:00 P.M. Commissioner Cardamone stated that addressing the questions is a Commission responsibility and asked the amount of time necessary to address the questions? Mr. Mitchell stated that approximately 10 minutes will be required. Mayor Pillot stated that responses to the questions will not extend the meeting by a significant amount of time, therefore, responses to the questions would be appreciated. Mr. Mitchell stated that canceling every purchase order not made to a vendor would not change the FY 2000/01 budget; that the available Fund Balance would be $7 to $9 million; however, the overall budget would not change; that a one-time source of funds cannot be used to fund an on-going expensei that the result would be to pass the problem on to the next FY; that reserves can be established for anticipated expenses or an appropriation can be made from the unappropriated Fund Balance. Mayor Pillot stated that a one-time revenue source for an on- going expense is not responsible tinancial management. Commissioner Cardamone stated that the carryover funds were discussed with the City Manager; that carryover funds are for approved projects for which the funds have not yet been spent; that the funds could be spent at the beginning of a FY for a project approved in a prior FY; that the public may have the perception carryover funds are not required for City operations; however, carryover funds are required for previously approved projects; that approving every expense from every department is not personally desired. Vice Mayor Hogle stated that personal involvement occurred at least 3 years ago with the Sarasota Police Department's Visionair Records Management System (RMS) request; that some of the funds have been carried over for a long period; that the City will be in a good position once the RMS is purchased and implemented; that the Finance Department carried over the funds every year; therefore, the Police Department will be able to purchase the RMS at the appropriate time. Commissioner Quillin stated that carryover funds are personally understood; that personal involvement with the preparation of multi-million dollar budgets included reviewing carryover funds each year with the development of a new budget; that cost-of- living increases or other factors may result in the necessity to rebudget certain items; that performance-based budgeting works and provides a red flag to reconsider previously budgeted items; that $500,000 could be found in carryover funds not specified for particular projects; that a true picture of the funds available is not presented. Mr. Mitchell stated that the list of carryover funds from FY 1999/2000 could be placed on the Consent Agenda for Commission approval if desired; that funds are carried over in an effort to anticipate and be prepared for funding requirements; that zero-based budgeting begins with a zero balance which does not coincide with today's society; that justification for carryover funds is required from each department; that zero-based budgeting is not an accepted budgeting method in government. Mayor Pillot stated that a change in the budget format is not personally desired. Vice Mayor Hogle stated that a change in the budget format is not personally desired. Commissioner Cardamone stated that the current budget format is personally satisfying. City Manager Sollenberger stated that zero-based budgeting would require additional budgetary Staff; that a municipality in Delaware indicated 13 financial analysts were required to accomplish zero-based budgeting; that the City currently employs one financial analyst; that a meeting could be scheduled with Commissioner Quillin to discuss questions raised during the public hearing; that the Commission will be consulted if changes are necessary. Commissioner Quillin stated that the County has changed to performance-based budgeting; that many municipalities utilize performance-based budgeting. Mr. Mitchell stated that the County Budget Department employs approximately 29 individuals. Mayor Pillot stated that Commissioner Quillin's remarks are respected; that three Commissioners have expressed the desire for Staff to continue with the current budgeting system. DRAFT ONE Page 20032 09/05/00 6:00 P.M. BOOK 48 Page 20033 09/05/00 6:00 P.M. The Commission recessed at 8:10 p.m. and reconvened at 8:25 p.m. Mayor Pillot stated that the preliminary results of the September 5, 2000, primary election as of 8:25 p.m. with approximately 20 percent of precincts reporting have been received; that additional results will be reported as received; and read the preliminary results for the benefit of the audience. 10. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4256, TO UPDATE AND MODIFY PROJECTS RELATED TO LEVEL OF SERVICE STANDARDS IN THE CAPITAL IMPROVEMENTS PLAN OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA (A/K/A THE SARASOTA CITY PLAN [1998]); ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #2 (1410) through (1770) Mayor Pillot stated that proposed Ordinance No. 00-4256 updates and modifies projects related to level of service (LOS) standards in the Capital Improvements Chapter of City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan). David Smith, Senior Planner, Planning and Development Department, came before the Commission, distributed and referred to the Schedule of Level of Service Projects, Capital Improvements Chapter, City's Comprehensive Plan, as revised, and stated that Section 163.3177 (3)4 (b), Florida Statutes, requires the Capital Improvements Chapter, City's Comprehensive Plan, be reviewed and updated on an annual basis; that proposed Ordinance No. 00-4256 is to approve Illustration CI-7, Schedule of Level of Service Projects, Capital Improvements Chapter, City's Comprehensive Plan (Illustration CI-7), which indicates the Capital Improvements Program (CIP) projects designed to maintain or improve infrastructure and services consistent with the adopted LOS in the City's Comprehensive Plan; that Sections 163.3177 (3) 4 (b) and (c), Florida Statutes, provide updates may be adopted by ordinance without the necessary procedures for amendments to the City's Comprehensive Plan and may coincide with adoption of the annual budget; that the projects incorporated in Illustration CI-7 are abstracted from the City's Capital Improvements Program. Mayor Pillot asked if the projects incorporated in Illustration CI-7 were considered by the Commission previously? Mr. Smith stated yesi that the Commission considered the projects during the April 24, 2000, Workshop concerning the Capital Improvement Element (CIE) and the CIP and also during the July 2000 Budget Workshops; that the first revision concerns Project WU-35.0, which is an upgrade to the Water Treatment Plant; that funding sources for Project WU-35.0 are user fees, carryover funds amounting to $525,000, and the budgeted amount for the fiscal year (FY) 2000/01 budget of $4,475,000; that the 5 year total for the project is $5,000,000; that the second revision concerns Project PW-47.0, the Street Reconstruction Program; that the funding sources for the Street Reconstruction Program is the Local Option Sales Tax (L.0.S.T.), also called the penny sales tax, in the amount of $450,000 in carryover funds, $100,000 for FY 2001/02, $100,000 for FY 2002/03, $250,000 for FY 2003/04, and $650,000 for FY 2004/05; that Illustration CI-7 will be consistent with the CIP upon adoption. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4256 by title only. City * Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4256 on first reading. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to pass Ordinance No. 00-4256 * on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes, Cardamone, yes; Hogle, yesi Pillot, yes. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED RESOLUTION NO. O0R-1295, AMENDING THE INFRASTRUCTURE SALES SURTAX 10- YEAR EXTENSION EXPENDITURE PROJECT DETAIL LIST IN ACCORDANCE WITH THE PROCEDURES ESTABLISHED BY SARASOIA COUNTY ORDINANCE NO. 97-083 PERTAINING TO THE ONE PERCENT (1%) LOCAL GOVERNMENT INFRASTRUCHURE SALES SURTAX LEVY; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM IV-A-3) #2 (1770) through (2000) Mayor Pillot stated that proposed Resolution No. O0R-1295 amends the Intrastructure Sales Surtax 10-year Extension Expenditure DRAFT ONE Page 20034 09/05/00 6:00 P.M. BOOK 48 Page 20035 09/05/00 6:00 P.M. Project Detail List (Project Detail List) in accordance with the procedures established by Sarasota County Ordinance No. 97-083 pertaining to the 1 percent Local Option Sales Tax (L.0.S.T.), also called the penny sales tax. Gibson Mitchell, Director of Finance, came before the Commission, reterred to a chart included the Agenda material regarding City uses of L.O.S.T. funds and stated that the citizens of the City and County approved a referendum on November 4, 1997, to grant a 10-year extension of the L.O.S.T.; that the Commission previously determined the projects for funding with the approximately $58 million which will be generated by the L.0.S.T. over the 10-year period; that an oversight committee was established to review the procedures followed in making any changes to the Project Details List and will meet for the first time after September 30, 2000; that proposed Resolution No. O0R-1295 is to amend the Project Detail List in accordance with changes presented by Staff to the Commission during the April 24, 2000, Capital Improvement Element (CIE) /Capital Improvement Plan (CIP) Workshop and the July 17 through 20, 2000, Budget Workshops. Mr. Mitchell continued that the City will pay $1.787 million during FY 2002/03 for completion of the St. Armands Drainage Project but will be reimbursed for the expense during FY 2005/06 by the Florida Department of Transportation (FDOT); that use of L.0.S.T. funds is required to complete the St. Armands Drainage Project; that L.0.S.T. funds will be used for the replacement of the Tony Saprito Fishing Pier, which is funded by shifting $200,000 from the Curb and Gutter Placement Project and $150,000 from the Street Resurfacing Project; that the shifted funds for both projects will be replaced with funds generated by the Environmental Land Management Study (ELMS) Gas Tax; that L.0.S.T. funding for the Myrtle Avenue project from US 41 to 301 was reduced from $1,060,000 during FY 2007/08 to $500,000 during FY 2000/01 as funding and construction efforts for the project will be provided by the Countyi that $260,000 of the remaining $560,000 not used for the Myrtle Avenue project was shifted to the Residential Traffic Calming project for FY 2006/07; that the remaining $300,000 was allotted to the Curb and Gutter Placement project for FY 2006/07; that all L.0.S.T. funds are being used for projects previously disclosed to the public; that proposed Resolution No. O0R-1295 is to approve a revised. Project Detail List for L.O.S.T. funds. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing.. City Auditor and Clerk Robinson read proposed Resolution No. O0R-1295 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. O0R-1295. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to adopted Resolution O0R-1295. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): : Cardamone, yes; Hogle, yes; Pillot, yes; Quillin, yes. 12. NON . QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4223, PROVIDING FOR REVISIONS TO ZONING CODE REGULATIONS PERTAINING TO PUBLIC ART; ETC. (TITLE ONLY) (APPLICATION NO. 00-ZTA-06, APPLICANT CITY OF SARASOTA) - PASSED ON FIRST READING (AGENDA ITEM IV-A-4) #2 (2000) through (2360) Mayor Pillot stated that proposed Ordinance No. 00-4233 provides for revisions to Zoning Code (1998) regulations pertaining to public art. John Burg, Chief Planner, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 00-4223 concerns public art, will amend the Zoning Code (1998), and is the result of numerous meetings of the Public Art Committee, which approved the revisions at the April 4, 2000, Public Art Committee meeting; that the Planning Board/Local Planning Agency (PBLP) found the revisions in compliance with City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), added additional provisions to clarify the definition of public art to ensure the permanence of a work of art, and approved the revisions at the July 6, 2000, PBLP meeting; that the revisions to the Zoning Code (1998) are minor and are as follows: 1. Clarifies the definition of public art by describing items which are not considered public art such as reproductions, mass-produced art objects, functional, architectural or landscape design elements unless produced by an artist or included as an integral part DRAFT ONE Page 20036 09/05/00 6:00 P.M. BOOK 48 Page 20037 09/05/00 6:00 P.M. of a structure, and rehabilitation and historic preservations. 2. Eliminates the provisions for temporarily expanding the Public Art Committee by three members. 3. Adds language describing the intent and purpose of the Public Art Committee. 4. Adds a provision for the installation of public art located on private property be installed outside of any structure or building. Mr. Burg stated that the current Public Art Ordinance allows locating public art inside of buildings and structures such as in lobbies; that the PBLP and the Public Art Committee decided public art should be located for all the public to view. Commissioner Cardamone asked if installation of public art is allowed in outdoor building courtyards? Mr. Burg stated that an interpretation of the proposed revisions concerning outdoor courtyards is unknown. City Attorney Taylor stated that public art should be visible from the public right-of-way; and quoted proposed Section VII- 701 (B) 4, Zoning Code (1998) as follows: All works of public art located on private parcels shall be installed outside of any and all buildings and completely visible from the adjacent public right-of-way. Commissioner Cardamone stated that courtyards are often located adjacent to the public right-of-way. Commissioner Quillin asked if the proposed definition of public art excludes temporary artworks such as sand castles? Mr. Burg stated yes. Commissioner Quillin stated that the Commission previously expressed an interest in the placement of permanent public art. Mr. Burg stated that the intent of proposed Ordinance No. 00-4223 is to provide for permanent public art only. Commissioner Cardamone asked if permanence refers to the placement of public art or the temporal nature of artwork? Mr. Burg stated that permanence refers to the temporal nature of a particular artwork and not placement. Commissioner Quillin stated that the City desires tangible and not disposable artworks. Mr. Burg stated that other revisions to the Zoning Code (1998) are: 5. Deletes a reference to an outdated 1995 map of the City. 6. Modifies and clarifies the process for providing public art. Mr. Burg stated that the existing provisions regarding the process of providing public art are confusing; that providing public art is required prior to the issuance of a building permit; that the three possibilities for providing public art are as follows: A. Contribution to the Public Art Fund; B. Provision of public art not yet created, which requires approval of the artist selected to create the artwork, approval of the location of the artwork, a detailed cost estimate, a deposit of 115 percent of the projected value of the artwork, and approval of the artwork by the Public Art Committee; and C. Installation of an existing artwork, which must be approved by the Public Art Committee, and includes photographs, a description, the proposed location, and an independent appraisal of the artwork. Mr. Burg continued that the proposed Ordinance No. 00-4223 clarifies existing language regarding the required provision of public art; that other revisions are: 7. Clarifies the timing for the provision of public, and provides a process for granting time extensions. Mr. Burg further stated that the existing language of the Zoning Code (1998) is unclear regarding time extensions; that proposed Ordinance No. 00-4223 allows the Public Art Committee to permit DRAFT ONE Page 20038 09/05/00 6:00 P.M. BOOK 48 Page 20039 09/05/00 6:00 P.M. applicants an additional year beyond the certificate of occupancy for the installation of public art provided the deposit of 115 percent of the value of the artwork was submitted; that other revisions are: 8. Provides a process for returning deposits following the applicant's obtaining certification of the installation of the artwork and the forfeiture of deposits following the applicant's satisfaction of all requirements as the existing language does not provide a mechanism for returning or forfeiture of an applicant's deposit. 9. Provides a process for appeal of Public Art Committee decisions to the Commission. 10. Provides standards for the approval or disapproval of public art. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4223 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4223 on first reading. On motion of Commissioner Quillin and second of Vice Mayor Hogle, it was moved to pass proposed Ordinance No. 00-4223 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yesi Pillot, yes, Quillin, yesi Cardamone, yes. 13. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4263, AMENDING CHAPTER 24, ARTICLE II, DIVISION 2 OF THE CODE OF SARASOTA; PROVIDING FOR THE DELETION OF SUBSECTION 24-29 (E) (6), TO COMPLY WITH CHAPTER 175, FLORIDA STATUTES; PROVIDING FOR THE DELETION OF SUBMISSION OF EVIDENCE OF GOOD HEALTH IN ELECTING AN OPTIONAL FORM OF BENEFIT TO COMPLY WITH CHAPTER 175, FLORIDA STATUTES; PROVIDING FOR A 90-DAY PERIOD FOR PAYMENT OF SHARE ACCOUNT BALANCES AFTER RETIREMENT; PROVIDING FOR AN OPTIONAL BENEFIT FOR DESIGNATED BENEFICIARIES AND SELECTION THEREOF : ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-5) #2 (2360) through (2500) Mayor Pillot stated that proposed Ordinance No. 00-4263 amends Chapter 24, Article II, Pensions, Sarasota City Code (1986 as amended). David Stershic, Chairman, Firefighters' Pension Board of Trustees, came before the Commission and stated that proposed Ordinance No. 00-4263 clarifies the cost-of-living adjustment, provides for a 90-day period for payment of share account balances after retirement, provides for an option benefit for designated beneficiaries and selection thereof on an actuarial basis, provides for the deletion of Subsection 24-29 (E) (6) to comply with Chapter 175, Florida Statutes, provides for the deletion of submission of evidence of good health in election of an optional form of benefit to comply with Chapter 175, Florida Statutes; and referred to an August 23, 2000, letter from Brad Armstrong, ASA, MAAA, EA, the City's actuary, indicating the cost as de minimus and an August 21, 2000, letter from Neal Elliott, Business Agent, Local 2546, Sarasota-Manatee Professional Fire Fighters & Paramedics, waiving collective bargaining, both of which are included in the Agenda material. Vice Mayor Hogle stated that significant pension conferences and Pension Board meetings were attended; and asked if proposed Ordinance No 00-4263 updates and standardizes provisions in the Firefighters' Pension Code? Chairman Stershic stated yes. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot Closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4263 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4263 on first reading. On motion of Vice Mayor Hogle and second of Commissioner Quillin, it was moved to passed proposed Ordinance No. 00-4263 on first reading. DRAFT ONE Page 20040 09/05/00 6:00 P.M. BOOK 48 Page 20041 09/05/00 6:00 P.M. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Pillot, yes, Quillin, yes; Cardamone, yesi Hogle, yes. Mayor Pillot requested that City Attorney Taylor explain the time limits for the quasi-judicial public hearings. City Attorney Taylor stated that the recommendation is to allow 7 minutes for the Applicant's presentation and 5 for rebuttal; that the City will have 7 minutes for presentation and 5 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 7 minutes to speak and 5 minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that other interested persons will have 5 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission. Mayor Pillot stated that hearing no objections to the time limits and hearing the Commission's agreement, the recommendation for time limits for the public hearings is approved. 14. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4252, TO REZONE ANNEXED REAL PROPERTY HAVING STREET ADDRESSES OF 1820 NEBRASKA STREET, 1829 AND 1811-1815 HANSEN STREET AND 3946 BROWN AVENUE, FROM THE SARASOTA COUNTY COMMERCIAL INTENSIVE AND RESIDENTIAL MULTI - FAMILY-1 ZONE DISTRICTS TO THE CITY OF SARASOTA COMMERCIAL GENERAL (CG) ZONE DISTRICT; ETC. (TITLE ONLY) (APPLICATION NO. 00- RE-14, APPLICANT CITY OF SARASOTA AS AGENT FOR PAUL E. CHAPMAN, TRUSTEE, AND DOROTHY ELAINE CHAPMAN, TRUSTEE) PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #2 (2500) through (2970) City Auditor and Clerk Robinson stated that proposed Ordinance No. 00-4252 pertains to City-initiated Rezoning Application 00-RE-14 to rezone annexed real property having street addresses of 1820 Nebraska Street, 1829 and 1811-1815 Hansen Street, and 3946 Brown Avenue from the Sarasota County Commercial Intensive (CI) and Residential Multi-Family-1 (RMF-1) Zone Districts to the City Commercial General (CG) Zone District. City Attorney Taylor stated that the Richard Muro has applied for and complied with the rules for obtaining Affected Person status. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Staff as the Applicant come forward. Karin Murphy, Senior Planner II, Planning and Development Department, came forward, referred to the Municipal Services and Pre-Annexation Agreements for the affected properties, the minutes of the July 6, 2000, Planning Board/Local Planning Agency (PBLP) meeting, and Annexation Ordinance No. 97-3968 included in the Agenda material, and stated that proposed Ordinance No. 00-4252 pertains to a City-initiated rezoning application as part of an annexation; that the Municipal Services and Pre-Annexation Agreement requires the City to rezone the properties from the Sarasota County CI and RMF-1 Zone Districts to the City CG Zone District, which is an implementing zone district of the Community Commercial Land Use Classification in which the property is located; that a condition to the rezoning application allows the existing uses of the properties to continue but requires a new concurrency analysis if the existing uses change or a new site plan is submitted for review; that the condition is not used for private rezoning applications, for which uses are proffered not requiring conditions. Mayor Pillot requested that Affected Persons come forward. City Auditor and Clerk Robinson stated that no Affected Persons have signed up to speak. Mayor Pillot requested that other interested persons come forward. Stephen Rees, Attorney, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, agent for Paul and Dorothy Chapman as Trustees for the Chapman Revocable Trust (Trustees), came forward and stated that the rezoning has a genesis 5 years ago with the Trustee's request for the annexation of real property into the City; that meetings held to update the City's DRAFT ONE Page 20042 09/05/00 6:00 P.M. BOOK 48 Page 20043 09/05/00 6:00 P.M. Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) were personally attended as the representative for the Trustees; that rezoning the Trustees' properties to the CG Zone District was proposed at the meetings to update the City's Comprehensive Plan; that the City CG Zone District represents a more community-oriented zoning than the County's CI Zone District but is equivalent to the County's RMF-1 Zone District; that approval of proposed Ordinance No. 00-4252 provides closure to the application processes and an opportunity to begin development of the properties; that Staff explained the intended uses of the properties for future development and the considerations pertaining to potential impacts requiring conditional provisions; that Staff's report is commended; that Staff found proposed Ordinance No. 00-4252 consistent with the City's Comprehensive Plan and the Zoning Code (1998); that the Commission's approval of proposed Ordinance No. 00-4252 is requested. Mayor Pillot stated that the Staff as the Applicant has no rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, Closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4252 by title only. On motion of Commissioner Quillin and second of Vice Mayor Hogle, it was moved to pass proposed Ordinance No. 00-4252 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Cardamone, yes; Hogle, yes; Pillot, yes. 15. QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 00-4253, TO REZONE ANNEXED REAL PROPERTY HAVING STREET ADDRESSES OF 1800 BAY ROAD, 1850 BAY ROAD AND 1718 NEBRASKA STREET CONSISTING OF PROPERTY KNOWN AS SUNSET CHEVROLET AND ADDITIONAL VACANT PROPERTIES, FROM THE SARASOTA COUNTY COMMERCIAL INTENSIVE AND OFFICE PROFESSIONAL INSTITUTIONAL ZONE DISTRICTS TO THE CITY OF SARASOTA COMMERCIAL INTENSIVE (CI) ZONE DISTRICT; ETC. (TITLE ONLY) (APPLICATION 00-RE-12, APPLICANT CITY OF SARASOTA AS AGENT FOR THE SUNSET CHEVROLET, / INC. AND ROBERT W. GEYER) - PASSED ON FIRST READING (AGENDA ITEM IV-B-2) #2 (2970) through (3220) City Auditor and Clerk Robinson stated that proposed Ordinance No. 00-4253 pertains to City-initiated Rezoning Application No. 00-RE-12 to rezone annexed real property having street addresses of 1800 Bay Road, 1850 Bay Road, and 1718 Nebraska Street, consisting of property known as Sunset Chevrolet and additional vacant properties, from the Sarasota County Commercial Intensive (CI) and Office Professional Institutional (OPI) Zone Districts to the City Commercial Intensive (CI) Zone District. City Attorney Taylor stated that no one has applied for Affected Person status. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, Commissioners Cardamone and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that Staff as the Applicant come forward. Karin Murphy, Senior Planner II, Planning and Development Department, came forward and stated that the affected properties are the subject of a Municipal Services and Pre-Annexation Agreement, which is included in the Agenda material; that the properties are in the County's CI and OPI Zone Districts currently and would be rezoned to the City's CI Zone District if approved; that the one property is located at 1718 Nebraska Street and is in the County's OPI Zone District, is used currently for employee parking, and will remain employee parking; that alterations to properties located at 1718 Nebraska Street and 1800 and 1850 Bay Road or uses by Sunset Chevrolet would require City approval; that the City's CI Zone District is an implementing zone district of the Production Intensive Commercial Land Use Classification in which the property is located; that the City is obliged under the Pre-Annexation Agreement and Objective 10.1, Future Land Use Chapter, the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), to rezone the properties to the CI Zone District despite the CI Zone District's designation as a zoning enclave; that proposed Ordinance No. 00-4253 is consistent with the City's Comprehensive Plan. Mayor Pillot requested that other interested persons come forward; and the following interested persons came before the Commission: DRAFT ONE Page 20044 09/05/00 6:00 P.M. BOOK 48 Page 20045 09/05/00 6:00 P.M. Dan Bailey, 200 South Orange Avenue (34236), stated that proposed Ordinance No. 00-4253 is supported and endorsed. Bob Geyer, 1800 Bay Road (34239), deferred from speaking. Mayor Pillot stated that Staff has no rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4253 by title only. On motion of Commissioner Quillin and second of Vice Mayor Hogle, it was moved to pass proposed Ordinance No. 00-4253. on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yesi Hogle, yes; Pillot, yesi Quillin, yes. 16. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4266, TO AMEND ORDINANCE NO. 87-3130 BY REVISING THE USE RESTRICTIONS SET FORTH IN REZONE ORDINANCE NO. 87-3130 TO ALLOW ADDITIONAL COMMERCIAL USES ON THE PROPERTY ZONED COMMERCIAL INTENSIVE (CI) LOCATED AT 3333 NORTH WASHINGTON BOULEVARD ; ETC. (TITLE ONLY) (APPLICATION NO. 00-RE-16, APPLICANT JOHN BODZIAK, ARCHITECT, AS AGENT FOR RODNEY DESSBERG, - AS OWNER) PASSED ON FIRST READING (AGENDA ITEM IV-B-3) #2 (3220) through #3 (0375) City Auditor and Clerk Robinson stated that proposed Ordinance No. 00-4266 pertains to Rezoning Application No. 00-RE-16 and amends Ordinance No. 87-3130 by revising the use restrictions to allow additional commercial uses on the property in the Commercial Intensive (CI) Zone District located at 3333 North Washington Boulevard, also known as Vision Plaza. City Attorney Taylor stated that no one has filed for Affected Person status. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, Commissioners Cardamone and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Applicant come forward. John Bodziak, Architect, AIA, 3637 Fourth Street North, St. Petersburg (33704), as agent for Ronald Dessberg, property owner, came forward and stated that Rezoning Application No. 00-RE-16 was filed as a rezoning but is intended to certify alternate uses of the propertyi that the conditional uses of the property were limited significantly at the time Vision Plaza was constructed due to the industrial character of the surrounding area; however, additional neighborhoods and less industrially-intensive businesses opened in the surrounding area since the construction of Vision Plaza; that Staff supports additional uses more conducive to local neighborhoods; that the original uses for Vision Plaza included appliance, furniture, and appliance repair uses; that the character of Vision Plaza is compatible with the nearby neighborhood currently; that requested uses are also compatible with the nearby neighborhood; that certain uses deemed personally objectionable were deleted from proposed Ordinance No. 00-4266; that Staff and the Planning Board/Local Planning Agency (PBLP) recommended additional uses be excluded from proposed Ordinance No. 00-4266 which were accepted and proffered; that the agreed upon uses are compatible with and will be useful to the neighborhood; that proposed Ordinance No. 00-4266 is consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan). ; that the Development Review Committee (DRC) supports proposed Ordinance No. 00-4266; that the required neighborhood meetings were advertised and held; however, no neighborhood residents attended. Mayor Pillot requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came forward and stated that proposed Ordinance No. 00-4266 pertains to amending a condition and a previously- approved conditional rezoning from the Multi-Family Residential- 2 (RMF-2) to the CI Zone District with a site plan; that the property was known originally as the Spy Glass Plaza and currently contains Buddy's Home Furnishings; that the original rezoning proffered the only allowable use as a retail outlet for sale of home furnishings and appliances, prohibited the uses permitted by special exception in the CI Zone District, and is included as Exhibit A of proposed Ordinance No. 00-4266; that DRAFT ONE Page 20046 09/05/00 6:00 P.M. BOOK 48 Page 20047 09/05/00 6:00 P.M. proposed Ordinance No. 00-4266 requires conformity with Site Plan 87-DD; that no changes are proposed for the existing Vision Plaza, which originally required the Applicant to construct off-site improvements; that Staff was concerned with a condition prohibiting the sales, service, display, preparation, or storage of goods or merchandise except within enclosed structures as part of the original ordinance; that the Applicant addressed Staff's concern and proffered such activities will not occur. Ms. Murphy continued that a condition of proposed Ordinance No. 00-4266 requires all outdoor refuse containers located on the property not be visible from the adjoining residential properties; that Staff expressed additional concern regarding a fence on the property which is of significant age and not aesthetically pleasing; that the Applicant agreed to construct a new fence prior to the second reading of proposed Ordinance No. 00-4266; that the property is in the Community Office/Institutional Land Use Classification; that the CI Zone District is not an implementing zone district of the Community Office/ Institutional Land Use Classification; that proposed Ordinance No. 00-4266 is to add commercial uses to Vision Plaza which are envisioned in the City's Comprehensive Plan as appropriate for future office and institutional uses; however, the proposed uses would not expand the existing zone district boundaries and the zoning enclave; that proposed Ordinance No. 00-4266 is consistent with the City's Comprehensive Plan. Commissioner Quillin stated that the existing fence was repaired; and asked if the Applicant would build a new fence? Ms. Murphy stated that old fence was repaired recently; however, proposed Ordinance No. 00-4266 requires the Applicant construct a new fence. Commissioner Quillin asked if proposed Ordinance No. 00-4266 has landscaping requirements for Vision Plaza? Ms. Murphy stated no; that the Applicant has cleaned the property significantly; that significant vegetation existed behind the businesses of Vision Plaza previously but has since been removed. Commissioner Quillin stated that the Applicant has cleaned and enhanced adequately the portions of the property located near the street; and asked if the Applicant is proposing further landscaping or other enhancements? Ms. Murphy stated that proposed Ordinance No. 00-4266 requires the City review the Applicant's use of the property upon termination of the requested uses; that the City could require additional landscaping at such time. City Attorney Taylor stated that the fence located on the western boundary of the property will be replaced prior to second reading of proposed Ordinance No. 00-4266. Mayor Pillot requested that other interested persons come forward. Helen Banks, 1925 33rd Street (34234), came forward and stated that a significant number of neighborhood residents are expressing concern for the changes in uses the property; that a list of the potential uses of the property was previously submitted to neighborhood residents, who are concerned regarding the following potential uses of the property: 1. APparel/clotning store 2. Club, private 3. Contractor, tradesman shop/office 4. Employment office 5. Fortune-tellers, astrologists, psychics, palmists, etc. 6. Music Store Ms. Banks continued that neighborhood residents expressed concern regarding the potential for shoplifting and similar offenses related to an apparel/clothing store and such use should be clarified; that a private or entertainment club is not desired as such uses tend to operate at late hours; that the contractor, tradesman shop/office raises the potential for parking or use of heavy equipment near the neighborhood; that the type of employment office should be clarified, as day laborer employment offices tend to attract undesirable elements; that a significant number of the neighborhood residents are devout Christians and oppose fortune-telling, palm reading, and similar activities; that a problem exists currently with the music store located on 29th Street at Dr. Martin Luther King, Jr., Way; that the music store is noisy; that clarification is required on the type of music store permitted. DRAFT ONE Page 20048 09/05/00 6:00 P.M. BOOK 48 Page 20049 09/05/00 6:00 P.M. Commissioner Quillin distributed a copy of proposed Ordinance No. 00-4266 to Ms. Banks and stated that the concerns of the neighborhoods residents are understood. Mayor Pillot requested that the Applicant come forward for rebuttal. Mr. Bodziak stated that the uses of concern to neighborhood residents are permitted in the CI Zone District; that the Applicant may not engage in such uses, voluntarily eliminated all uses involving alcohol and restaurants, and desires congruence with the local neighborhood environment; that alcohol-related or party-type uses are not - desired; that the compatibility of the remaining uses was discussed with Staff; that future property owners may desire such uses. Commissioner Cardamone stated that the Applicant should proffer to eliminate private clubs and day labor employment offices as potential uses; that neither of the two activities is desired by any neighborhood resident. Mr. Bodziak stated that the elimination of private clubs and day labor employment offices as potential uses in proposed Ordinance No. 00-4266 is proffered. Commissioner Cardamone stated that other types of employment offices should be permitted. Mr. Bodziak concurred. Commissioner Quillin stated a significant number of nearby neighborhood residents are personally known; that activities such as fortune-telling present difficulties to many neighborhood residents and should be eliminated from proposed Ordinance No. 00-4266 as well; that the City enforces noise regulations concerning music stores; that a music store could be a religious music store accepted by local neighborhood residents. Mr. Bodziak stated that the applicant prefers to include music stores as a use of the property; however, the elimination of fortune-telling, astrology, palm reading and similar activities from proposed Ordinance No. 00-4266 is proffered. City Attorney Taylor stated that the proffered uses will be eliminated from proposed Ordinance No. 00-4266 prior to second reading. Mayor Pillot requested that Staff come forward for the City's rebuttal. Ms. Murphy stated that Staff communicated with neighborhood residents throughout consideration of proposed Ordinance No. 00-4266; that the list of potential uses has decreased while the number of conditions placed upon the Applicant has increased; that the Applicant cooperated with Staff to ensure the all concerns were addressed properly; that additional regulations and ordinances will guard against the negative impacts inherent in a significant number of the neighborhood residents' concernsi that Staff was concerned particularly for the construction of a new fence, the elimination of outdoor storage, and the use of the property to sell new or used automobiles; that parking and use of heavy equipment is included within the prohibition of outdoor storage and sales. Mayor Pillot stated that Ms. Banks presentation was effective; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4266 by title only. On, motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 00-4266 including the proffers made by the Applicant. on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 17. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #3 (0375) through (0620) Rita Roehr, 3740 Glen Oak Manor Drive (34232), came before the Commission and stated that the City of Sarasota, Downtown Master Plan 2020: Preliminary Draft (Master Plan, Preliminary Draft) is of significant concern; that the City's Bayfront should be removed from consideration in the Master Plan Preliminary Draft; that Duany Plater-Zyberk & Company (DPZ) should be instructed to delete the recommended buildings and berms for the City's Bayfront; that the citizens of the City worked diligently to open the Bayfront to all residents and visitors; that DRAFT ONE Page 20050 09/05/00 6:00 P.M. BOOK 48 Page 20051 09/05/00 6:00 P.M. additionally, the current parking at the Van Wezel Performing Arts Hall is required for the significant number of artistic and cultural activities. Mayor Pillot stated that a significant number of letters were received from citizens, including Ms. Roehr, expressing concern for the future development of the City's Bayfront as proposed in the Master Plan Preliminary Draft; and asked if his response letter addressing citizens' concerns has been received. Ms. Roehr stated no. Mayor Pillot stated that each Commissioner has a responsibility to address the concerns of each citizen; that the concerns of Ms. Roehr regarding the proposed development of the Bayfront are personally supported. Commissioner Cardamone stated that the Commission unanimously voted to direct DPZ to reconsider current development plans and submit alternate conceptual plans for the City's Bayfront. Commissioner Quillin stated that the issue of the City's Bayfront is of significant concern to citizens; that the Commission is receptive of citizens' concerns and suggestions; that any hotel development at the City's Bayfront is not personally supported; that DPZ desires to include a hotel development at the City's Bayfront for future consideration; that the Commission should not approve an update of the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan) which is unpopular with the public as a result of one controversial element and should consider the revised draft of the CRA Master Plan update prior to the Planning Board/Local Planning Agency (PBLP). Vice Mayor Hogle stated that the sale or private development of the City's park and recreational properties is not personally supported regardless of the proposals espoused in any update of the CRA Master Plan. Mayor Pillot concurred and stated that the attention devoted to development proposals for the City's Bayfront should be diverted to consideration of the entire Master Plan Preliminary Draft. Ms. Roehr stated that the meetings to consider the Master Plan Preliminary Draft were televised; however, the Commission's opposition to development of the City's Bayfront was not portrayed; that the Commission seemed to endorse the concept of the entire Master Plan Preliminary Draft including development proposals for the City's Bayfront. Mayor Pillot stated that the Commission supports consideration of all elements of the Master Plan Preliminary Draft but does not endorse and support the conceptual proposals of all elements. Commissioner Cardamone concurred. Mayor Pillot stated that further construction will not be permitted at the City's Bayfront. Ms. Roehr stated that a significant number of citizens will protest any construction efforts at the City's Bayfront. Commissioner Cardamone stated that the revised draft of the CRA Master Plan update will be received by the October 2, 2000, Regular Commission meeting; that the Commission could discuss the revised draft of the CRA Master Plan update prior to the PBLP's consideration; that all conceptual proposals for the City should be considered regardless of support; that the public should not perceive the Commission supports all elements as presented in the Master Plan Preliminary Draft. 18. UNFINISHED BUSINESS: DISCUSSION RE : RENOVATION OF CITY COMMISSION CHAMBERS, AND CONSENT AGENDA 1, ITEM NO. 4 DIRECTED THE ADMINISTRATION TO PROVIDE A REPORT CONCERNING THE FEASIBILITY OF REMODELING THE FEDERAL BUILDING FOR A NEW COMMISSION CHAMBERS AND OTHER POTENTIAL FEASIBLE USES; NO ACTION TAKEN ON ÇONSENT AGENDA 1, ITEM NO. 4 (AGENDA ITEMS VI-3 AND III-A-4) #3 (0620) through (1360) Mayor Pillot stated that Agenda Item VI-3 was placed on the Agenda per the request of Commissioner Cardamone. Commissioner Cardamone stated that the Commission has considered renovating the Commission Chambers (Chambers) for 4 years; that the preferred type of renovations has altered with the composition of the Commission; that the City budgeted funds to renovate the Chambers for fiscal year (FY) 1999/2000; that the Administration should be directed to study use of space at the Federal Building for construction of a new Chambers; that the public supported the purchase of the Federal Building, which should be used as soon as possible. DRAFT ONE Page 20052 09/05/00 6:00 P.M. BOOK 48 Page 20053 09/05/00 6:00 P.M. Mayor Pillot asked if the existing Chambers would be renovated if new Chambers were constructed at the Federal Building? Commissioner Cardamone stated that the existing Chambers should not be renovated if Chambers are built at the Federal Building. Mayor Pillot stated that the existing Chambers could be used for additional purposes upon completion of new Chambers at the Federal Building. Vice Mayor Hogle stated that the Administration's recommendation should be sought; that the matter should be considered with haste; that the seats of the existing Chambers are uncomfortable. Commissioner Quillin stated that the purchase of the Federal Building was supported personally; that the primary concept was to relocate the Sarasota Bay National Estuary Program (SBNEP) and the Office of Housing and Community Development to the Federal Building; that construction and relocation of the Chambers to the Federal Building is not personally supported; that constituents would be unable to interact with the Commission and Staff at one building; that a Master Plan should be developed for the Federal Building; that the City of Sarasota, Downtown Master Plan 2020: Preliminary Draft (Master Plan Preliminary Drait) recommends conversion of the Federal Building into a Civic Hall; that renovation of the existing Chambers should not be delayed further; that the existing Chambers should be renovated to comply with current standards regardless of future use; that the Federal Building should be examined to begin restoration efforts to the exterior; that grant funds should be sought for restoration of the exterior. Mayor Pillot asked if approval of Consent Agenda 1, Item No. 4, awards the contract to the architect for renovation or construction of the Chambers but does not specify design? City Manager Sollenberger stated yes; that the contract provides for examination and use of existing space and facilities at the Federal Building; that the contract should be delayed to not interfere with planning efforts to construct the Chambers at the Federal Building but should be approved if the Commission desires to renovate the existing Chambers. Mayor Pillot asked if approval of the contract provides the opportunity to investigate construction of the Chambers at the Federal Building? City Manager Sollenberger stated yes. Mayor Pillot stated that the concept of constructing the Chambers at the Federal Building requires consideration and investigation. Vice Mayor Hogle concurred and stated that parking for the public is limited at the Federal Building; that identifying additional parking should be investigated; that long-term planning efforts are required to address parking issues in the nearby neighborhood adequately. Commissioner Cardamone stated that parking is an important concern; however, the majority of Commission meetings occur at nightA that significant parking is available after normal business hours; that the parking at the United States Post Office next to the Federal Building could be used for Commission meetings; that the existing Chambers could be used for smaller meetings as seating space is limited; that $800,000 should not be spent to renovate the existing Chambers and is an exorbitant sum for such work; that a new building to house the Chambers could be constructed for $800,000; that the main room of the Sarasota Office of the Social Security Administration located previously at the Federal Building is an open two-story room; that the main room has the potential for three entrances; and asked the measurements of the main room? City Auditor and Clerk Robinson stated that the main room of the Social Security Office is approximately 70 feet by 60 feet. Commissioner Cardamone stated that the main room is significantly larger than the existing Chambers; that the main room and existing Chambers are in similar condition; that costs to construct the Chambers in the main room would cost no more than renovation of the existing Chambers; that the Federal Building should be a full public-use building versus a government office building; that the significant cost overruns for proposed renovations to the existing Chambers should be examined carefully; that the hallways and parking areas of City Hall should be renovated. Mayor Pillot stated that Consent Agenda No. 1, Item No. 4, permits execution of the contract with the chosen architect and should be approved; that direction from the Administration should be sought regarding the potential uses of the Federal Building; and asked if approval of Consent Agenda No. 1, Item No. 4, would still allow DRAFT ONE Page 20054 09/05/00 6:00 P.M. BOOK 48 Page 20055 09/05/00 6:00 P.M. the Administration to investigate the potential uses of the Federal Building and report to the Commission? City Manager Sollenberger stated yes. Commissioner Quillin stated that approval of Consent Agenda No. 1, Item No 4, will not be supported; that the architect awarded the contract to renovate the Chambers budgeted renovation of the Chambers at $300,000 originally; however, the cost of renovation is budgeted now at $800,000; that the architect miscalculated the costs of renovation; and asked if renovation of the existing Chambers was resubmitted for bidding? City Auditor and Clerk Robinson stated that a program manager was hired to produce an independent cost estimate for renovation of the existing Chambers. Commissioner Quillin stated that the delays and additional costs to renovate the Chambers are inexcusable and personally upsetting; that the architect should not be hired to examine the Federal Building; that the service provided to renovate the existing Chambers is not acceptable; that the architect could not provide cost estimates for renovation of City Hall hallways; that the manner in which the architect spends City funds is not approved; that the concept of constructing Chambers at the Federal Building is intriguing but should be incorporated into a Master Plan. Commissioner Cardamone stated that the Administration should be requested to conduct preliminary research concerning potential uses of the Federal Building; that the SBNEP and the Office of Housing and Community Development could be relocated to existing space at City Hall; that the leases for both programs do not allow relocation to new offices without significant expensei that devising a Master Plan for the Federal Building would delay construction or renovation of the Chambers indefinitely; that a new building to house the Chambers could be constructed for $800,000 on existing property. Mayor Pillot stated that the existing Chambers are approximately 4,000 square feet; that the cost to renovate the existing Chambers is $200 per square foot. Commissioner Cardamone stated that $200 per square foot is a significant expense for construction of new facilities; that approval of Consent Agenda No. 1, Item No. 4, should be delayed. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to direct the Administration to provide a report concerning the feasibility of remodeling the Federal Building for a new Chambers and other potential feasible uses by January 2001. Commissioner Cardamone stated that consideration of the potential uses of the Federal Building should occur prior to renovation of existing Chambers. Commissioner Quillin asked who will conduct the study of the Federal Building? Commissioner Cardamone stated that the Administration would be responsible for hiring an. architect to conduct the study. Commissioner Quillin asked the funding source for the study? City Manager Sollenberger stated that the study could be conducted by the architect contracted to examine the Federal Building; that Staff has addressed the use of space at City Hall and the Federal Building; that Room 303A, City Hall Annex, could be used for additional office space if the Commission decides to relocate the Chambers to the Federal Building; that the existing Chambers could be used as additional meeting spacei that the Planning and Development Department could use Room 303A; that the Department of Human Resources could be relocated from the Third Floor of the City Hall Annex to create additional space for the Planning and Development Department. Commissioner Cardamone stated that the Administration and Staff possess the ability to study the use of space at City Hall and the Federal Building and to make recommendations to the Commission without incurring significant costs. City Manager Sollenberger stated that the Administration and Staff could recommend conceptual plans to the Commission; however, an architect should be contracted to draft permanent plans for renovations to or construction of a Chambers or other City facilities. City Auditor and Clerk Robinson stated that the Administration and Staff could examine potential uses of City Hall and the Federal Building and report to the Commission at the September 18, 2000, Regular Commission meeting. DRAFT ONE Page 20056 09/05/00 6:00 P.M. BOOK 48 Page 20057 09/05/00 6:00 P.M. Mayor Pillot asked if action on Consent Agenda No. 1, Item No. 4, and the motion on the table should be delayed? City Manager Sollenberger stated that Consent Agenda No. 1, Item No. 4, to select an architect should be approved; that the contract with the architect could be negotiated following the Administration's report at a later Commission meeting; that the September 18, 2000, Regular Commission meeting will not be attended personally; that the Administration's report should be delayed to the October 2, 2000, Regular Commission meeting. Commissioner Cardamone, as maker of the motion, and Vice Mayor Hogle, as the seconder, agreed to amend the motion to eliminate the recommended date for the Administration's report. Commissioner Quillin stated that the Administration's recommendation concerning possible uses of City Hall and the Federal Building will provide parameters for direction to the architect hired to renovate the Federal Building; that additional recommendations could be provided for future use in devising a Master Plan for the Federal Building; that the conceptual development of the Federal Building offered in the Master Plan Preliminary Draft should be considered as part of a long-term plan; that internal consideration of the matter is supported. Mayor Pillot called for a vote on the motion to direct the Administration to provide a report concerning the feasibility of remodeling the Federal Building for a new Commission Chambers and other potential feasible uses. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Quillin, yes; Pillot, yes. 19. NEW BUSINESS: PRESENTATION RE : REQUEST FOR TAXI CAB FARE INCREASE DIRECTED STAFF TO PREPARE AN ORDINANCE TO INCREASE TAXI CAB RATES TO THE PROPOSED RATES OF THE $1.85 METER DROP RATE, $1.75 PER MILE, F AND A WAITING RATE OF $.40 PER MINUTE, AND TO SET THE ORDINANCE FOR PUBLIC HEARING, : CONSENSUS FOR THE CITY AUDITOR AND CLERK TO CREATE A COMMITTEE TO REVIEW AND UPDATE CHAPTER 36, VEHICLES-FOR- HIRE / CITY CODE (AGENDA ITEM VII-1) #3 (1360) through (1850) City Auditor and Clerk Robinson stated that Chapter 36, Vehicles- For-Hire, Sarasota City Code (1986 as amended) (City Code), provides for taxi cab rates; that Yellow Cab of Sarasota (Yellow Cab) submitted an August 23, 2000, letter to the City concerning an increase in taxi cab rates; that Yellow Cab was informed the Commission's approval through a public hearing was required for taxi cab rate increases. City Manager Sollenberger stated that taxi cab rate increases require the Commission hold a public hearing and pass an ordinance; that Yellow Cab and Diplomat Taxi provided the Commission with information indicating increases to taxi cab rates were last approved in July 1995 and claim the Consumer Price Index (CPI) has increased by 16 to 17 percent since July 1995; however, the CPI has increased only 13 to 14 percent; that the information provided to the Commission includes a comparison of City taxi cab rates to the taxi cab rates of similar cities in the State; however, the existing taxi cab rates should be compared to cities closer to the City to establish a benchmark for taxi cab rates; that a. thorough rate analysis of taxi cab rates is beyond the abilities of Staff; that the City should not examine the business operations of taxi cab companies; that the Commission should examine the CPI and taxi cab rate data from nearby municipalities to determine City taxi cab rates. Timothy Goodwin, Accounts Manager, Diplomat Taxi, came before the Commission and stated that Yellow Cab and Diplomat Taxi are cooperating in proposing an increase of taxi cab rates; that the requested taxi cab rate was provided to the Commission and is included in Agenda material; that the taxi cab rate increase will have a significant impact on taxi cab drivers, who generate earnings through two methods: 1) splitting the meter earnings and 2) paying for the taxi cab and fueling costs and keeping the remaining earnings; that 80 percent of the increase to taxi cab rates will consist of earnings for taxi cab drivers; that taxi cab drivers operate as subcontractors and have not received a pay raise in 5 years; that the general CPI does not consider the influence of certain costs; that taxi cab drivers expend significant funds for fuel; that the cost of fuel has increased approximately 30 percent since July 1995; that Diplomat Taxi has lost three taxi cab drivers since June 2000 as a result of low wages; that a significant number of taxi cabs are not used as a result of a reduced driver pool; that fewer active cabs equates to reduced service to the public; that waiting time experienced by most customers has doubled since February 1999 and is often an hour if calls overwhelm the taxi cabs available for service; that a significant number of customers are unable to drive and depend on taxi cab service daily; that rates of the taxi cab leases will be raised 4.5 percent to cover increased insurance, automobile purchase and repair, and personnel expenses; that the DRAFT ONE Page 20058 09/05/00 6:00 P.M. BOOK 48 Page 20059 09/05/00 6:00 P.M. significant concern remains for the livelihood of taxi cab drivers; that the current taxi cab rate is $1.50 per mile and will be raised to $1.75 per mile; that a significant number of other communities charge over $3 per mile; that increased taxi cab rate will result in an increased cost of $1 to $1.50 to customers for an average ride; that no complaints have been received concerning high rates; and referred to an August 24, 2000, document in the Agenda material indicating the current and proposed rates as follows: current rate proposed rate Meter Drop $1.60 $1.85 Rate Per Mile $1.50 $1.75 Waiting time $ .30 $.40 (per minute) Mayor Pillot stated that the requested taxi cab rate increase is less than 15 percent; that the CPI increased an average of 2.5 percent per year since July 1995; that fuel costs which significantly impact the taxi cab industry have risen significantly since July 1995; that the proposed taxi cab rate increase is supported. City Manager Sollenberger stated that the Administration recommends the Commission consider the information presented and provide direction to Staff concerning preparation of an ordinance. On motion of Mayor Pillot, who passed the gavel to Vice Mayor Hogle, and second of Vice Mayor Hogle, who passed the gavel to Commissioner Cardamone, it was moved to direct Staff to prepare an ordinance to increase taxi cab rates to the proposed rates of $1.85 for a meter drop rate, $1.75 per mile, and $.40 per minute waiting rate and to set the ordinance for public hearing. Commissioner Quillin stated that the increased taxi cab rates are supported; that constituents who use taxi cab service indicated no opposition to the proposed taxi cab rate increase; that Chapter 36, Vehicles-for-Hire, City Code, should be reviewed and updated to reflect any changes in the State Statutes regarding taxi cab service. Mr. Goodwin stated that Diplomat Taxi and Yellow Cab will cooperate fully with any changes to the regulations concerning taxi cabs. Commissioner Quillin asked if the motion should be amended to include review of Chapter 36, Vehicles-for-Hire, City Code? Commissioner Cardamone stated that relating the taxi cab rate increase to review of Chapter 36, Vehicles-for-Hire, City Code, will delay the effective date of the rate increase. City Auditor and Clerk Robinson stated that a committee to review the Chapter 36, Vehicles-for-Hire, City Code, could be assembled and would consist of representatives of the Sarasota Police Department (SPD), the Office of the City Auditor and Clerk, and local taxi cab service companies. Mayor Pillot asked if the committee would consider the taxi cab rate and revisions to Chapter 36, Vehicles-ror-Hire, City Code? City Auditor and Clerk Robinson stated that the committee would review and update only Chapter 36, Vehicles-tor-HIre, City Code. Commissioner Cardamone stated that the motion on the table concerns only the preparation of an ordinance adopting a new rate schedule; that the Commission's consensus is to approve the creation of a committee to review and update Chapter 36, Vehicles-For-Hire, City Code. Commissioner Cardamone called for a vote on the motion to direct Staff to prepare an ordinance to increase taxi cab rates to the proposed rates of the $1.85 meter drop rate, $1.75 per mile, and a waiting rate of $.40 per minute, and to set the ordinance for public hearing. Motion carried unanimously (4 to 0): Hogle, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Commissioner Cardamone passed the gavel back to Mayor Pillot. City Auditor and Clerk Robinson stated that the ordinance will be presented for public hearing at the Séptember 18, 2000, Regular Commission meeting. Commissioner Quillin stated that the creation of a committee to consider updating Chapter 36, Vehicles-for-Hire, City Code, is supported; that significant revisions are required. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #3 (1850) through (2120) DRAFT ONE Page 20060 09/05/00 6:00 P.M. BOOK 48 Page 20061 09/05/00 6:00 P.M. COMMISSIONER QUILLIN: A. stated that the Florida Scenic Highways Program was brought to the Commission recently; that a motion was passed at a previous meeting to receive the presentation of the Florida Scenic Highways Program and to direct the Administration to include discussion of the Florida Scenic Highways Program during consideration of the City of Sarasota, Downtown Master Plan 2020: Preliminary Draft (Master Plan Preliminary Draft); however, the Florida Scenic Highways Program was not discussed during consideration of the Master Plan Preliminary Draft; that funds exist for preparation of a Corridor Management Plan, which is required for designation of US 41 as a State Scenic Highway. City Manager Sollenberger stated that Staff is considering conducting a study for designation of US 41. as a Florida Scenic Highway and will deliver a report to the Commission prior to final adoption of an update to the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan). COMMISSIONER CARDAMONE: A. stated that a conversation occurred with the Save Our Beaches Organization recently concerning the beaches at the City's Bayfront; that certain members of the public perceive the City's Bayfront beaches near the existing seawall will become rock and not sand; that the beaches should remain as sand; that Staff should investigate the concerns of the Save Our Beaches Organization. Commissioner Quillin stated the replacement of the seawall was to occur at the City's Bayfront away from the beaches. City Attorney Taylor stated that the Save Our Beaches organization may be referring to Bayfront Park; that recent information noted boulders would be brought to Bayiront Park; that access would be prevented to the area. Vice Mayor Hogle stated that boulders will be added to areas already containing boulders. Commissioner Cardamone stated that the City is renovating the area near the tegerwaldt-ockey Fountain, also called the children's fountain, at which boulders are placed; that Staff should clarify the concerns. B. stated that a telephone call was received recently from a neighbor concerned with construction noises in the neighborhood in the morning; that the Sarasota City Code (1986 as amended) permits construction work from 6 a.m. to 9 p.m. in neighborhoods; that the Administration should clarify the hours of operation for construction work in neighborhoods. C. stated that the City handled the problems regarding the steigerwaldt-Jockey Fountain well; that closure of the steigerwaldt-Jockey Fountain is personally upsetting; that the problem should be remedied as soon as possible sO the teigerwaldt-Jockey Fountain can be reopened. Vice Mayor Hogle concurred. Mayor Pillot concurred and stated that the City handled the problem well; that recent news coverage noted the City's positive efforts to handle the problem. VICE MAYOR HOGLE: A. stated that the property to the west of the Southgate Post Office has over-sized speed bumps in the right-of-way; and asked if the right-of-way is publicly or privately owned? City Manager Sollenberger stated that Staff investigated ownership of the right-of-way, which is privately owned. Vice Mayor Hogle stated that a copy of Staff's report would be appreciated. City Manager Sollenberger stated that a copy will be provided. MAYOR PILLOT: A. stated that Staff was recently requested to draft a traffic map of local points of importance for use by visitors to the City; that the map was draited quickly and was clear and useful; that the efforts of Staff to draft the map are appreciated. DRAFT ONE Page 20062 09/05/00 6:00 P.M. BOOK 48 Page 20063 09/05/00 6:00 P.M. 21. OTHER ATIRS/APMINISTANIVA OFFICERS APPROVED A LEGAL SETTLEMENT WITH A BICYCLIST INVOLVED IN AN ACCIDENT IN THE AMOUNT OF $67,000 (AGENDA ITEM XI) #3 (2120) through (2180) CITY ATTORNEY TAYLOR: A. stated that an automobile accident occurred recently involving a police officer in the vicinity of Thunder Marine; that settlements were achieved with the majority of parties to the accident; however, a bicyclist was severely injured in the accident; that the case went to mediation; that a tentative settlement was reached for $67,000 subject to the approval of the Commission; that the settlement amount was approved by Staff and the Administration; that the Administration recommends approval of the settlement. Mayor Pillot stated that each Commissioner was briefed concerning the accident and tentative settlement; that the settlement is fair and personally supported. On motion of Commissioner Quillin and second of Vice Mayor Hogle, it was moved to approve the settlement presented by the Administration in the amount of $67,000. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Quillin, yes; Pillot, yes. 22. ADJOURN (AGENDA ITEM XII) #3 (2180) There being no further business, Mayor Pillot adjourned the Regular meeting of September 5, 2000, at 10:10 p.m. hG Bt Pidl GENE M. PILLOT, MAYOR ATTESESOTA > 0 - < 86 BII RDB.NSON, CITY AUDITOR AND CLERK 2 s* 1902